Welcome to the mobile application service (and this version of the application service called InsightPro™ intended for use with clinical-studies/clinical-trials) (the "Application"). All users of this Application and all related products, documentation and services (collectively, the "Service"), are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the Service. By clicking "I Accept" or by downloading the Application and registering for, accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by the InsightPro™ Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the InsightPro™ Privacy Policy, do not access or use any part of the Service.
1. Definitions
(a) Personal Information. Personally-identifying information, including your name, mobile number, email address, mailing address and also includes any health information and other unique identifiers.
(b) Authorized Provider. A healthcare provider, healthcare practice, hospital or third-party (such as Medtronic, Inc.) that you authorize to provide and receive information about you and your personal medical needs, events and questions, which may include personal health information, through the Application and Service.
2. Legal Agreement
The Application and Service is provided by Higgs Boson, Inc, 112 Swift Ave, Durham NC 27705 ("Company") and is made available to patients that are using or considering the use of Medtronic devices. All references to Company include its subsidiaries or affiliates involved in providing the Service. Your use of the Service is subject to these Terms of Use, the Informed Consent (the “Informed Consent”) for the Medtronic Clinical Study/Trial in which you are enrolled and pursuant to which you are using the Application and Services (the “Medtronic Study”), the InsightPro™ Privacy Policy, and such other terms such as terms or use or consents you agree to with Medtronic, each as you may agree to from time to time. To the extent the provisions of the Informed Consent conflict with any provision of these Terms of Use the Company Privacy Policy, Medtronic Supplemental End-User Terms and/or Medtronic Privacy Policy, the provision of the Informed Consent shall take precedence and control.
Any changes to these Terms of Use shall be subject to your review and approval as well as any other approvals required by the Medtronic Study (e.g., approval by an institutional review board overseeing the Medtronic Study).
The Service is made available only to individuals who are at least 18 years old.
3. Your Account
You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your user id and/or passwords and for any use of your account using such user id or passwords. You agree to notify us promptly of any unauthorized access to or use of your account. Company reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. Note that per the terms of the Informed Consent for the Medtronic Study, you may not be allowed to grant other individuals permission to access or enter data in the Application on your behalf.
4. Use of the Service
The Service is provided to you for your use while participating in the Medtronic Study. The Service is intended to help you obtain information about your upcoming medical procedure or surgery and manage the process of preparing for and recovering from such procedure or surgery. You understand and agree that the Service is intended only as a tool and includes general information regarding your procedure or surgery, including common questions and issues, but that the information may not address any specific questions or issues specific to your individual medical condition.
You may use the Service to receive in-app notifications from your Authorized Provider or Medtronic representatives, as the sponsor of the Medtronic Study. Company and Medtronic may also utilize the Service to send you notifications relating to your use of the Service, including reminders and customer service notifications, including notifications relating to any potential data breach and you hereby agree to receipt of such Company messages.
5. User Information
You may provide certain Personal Information directly including during the registration process and through use of the Service. When you provide Personal Information through the Service, you provide Company and Medtronic authorization to use and distribute it in connection with the Service, including forwarding such information and allowing access to such information to your Authorized Providers. Company and Medtronic will use Personal Information only as permitted by Higgs Boson Health and Medtronic Privacy Policy, these Terms of Use, the Informed Consent, and applicable law. Other persons you authorize to have access to your Personal Information may use or disclose such information in compliance with applicable law.
Company is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure.
By registering for the Service for use while participating in the Medtronic Study, you understand and agree that Company is not a healthcare provider or other "covered entity" for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to Company or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes
You shall retain ownership of all information and data you provide to Company and Medtronic through the Service, including without limitation, any Personal Information and other text, graphics, audio, video, photographs and other materials you may store, post, distribute or provide through the Service ("User Content"). You are solely responsible for your User Content. You hereby grant to Company and Medtronic the right to use and access the User Content as necessary or appropriate for the provision of the Service, including the reproduction, display, modification and distribution of the User Content through the Service, as may be more fully-described in the Informed Consent.
6. Provider Access
As part of the Service, you may authorize and designate one or more Authorized Providers to receive and provide Personal Information about you, which may include personal health information and questions and information regarding your medical status, medical procedure(s) and recovery. You may use the Service to share certain Personal Information with such Authorized Providers. You may use the Service to communicate with such Authorized Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize an Authorized Provider to access your Personal Information in the Service and communicate with you via the Service that Authorized Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.
You acknowledge and agree that Company is not responsible for any Authorized Provider misidentifying itself or any misuse of the data by such Authorized Providers or their authorized personnel. Company's sole liability and sole responsibility shall be to discontinue access to your account by any entity or individual which Company learns misidentified itself/himself/herself or is otherwise misusing your Personal Information or account.
You may revoke any Authorized Provider's permission to (a) communicate with you through the Service; (b) access your information or account through the Service; or (c) receive or provide Personal Information to your account through the Service. However, copies of all of your Personal Information previously disclosed to such Authorized Providers may be retained by such persons or entities. Company cannot, and has no obligation to, remove such information from the Authorized Providers.
Company is relying on you to review and assess the qualifications of your Authorized Providers and to make appropriate decisions with respect to such Authorized Providers. Company does not examine the credentials of, perform background checks on, or give its endorsement to any Authorized Provider.
7. Fees
Company is providing the Service to you without charge, however, you will be solely responsible for any internet and wireless access required to use the Service and for the cost of all carrier and data access charges and text messaging rates imposed by your service provider.
8. Company Proprietary Rights
Company and its licensors own all proprietary rights to the Application and the Service and all content and technology related thereto, except for Personal Information. Company grants you a personal, revocable, non-assignable, and non-exclusive license to download the Application to your personal mobile device and to use the Service in accordance with these Terms of Use. You may use the Application and Service solely for your own personal use (or if you are an Authorized Provider, on behalf of the applicable patient-user) and you shall not license, sublicense, copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Application or any other proprietary content or material in the Service without the prior written consent of Company. You are not permitted to access or use the Service in order to monitor its availability, performance or functionality, for any benchmarking purposes or to build a competitive product or service. Except as expressly set forth herein, you have no right, title or license to any of Company' or its licensors' intellectual property.
9. Restrictions on Use
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses or mobile numbers) without their consent; (i) access or attempt to access any account or other user information to which you do not have permission; (j) create, transmit, or display User Content or other health or other information that you do not own or do not have the right to use; (k) post or send "spam," transmit chain letters or engage in other similar activities; (l) advocate illegal activity or discuss an intent to commit an illegal act; (m) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; or (o) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Company, may harm Company or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on Company' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
10. Maintenance and Support
Company may make available to you from time to time at no additional charge, updates, revisions and new versions of the Application, and you agree to accept all such updates, revisions and versions. All updates, modification, revisions and new versions of the Application will be subject to these Terms of Use. Company will provide reasonable telephone or email support for use of the Service and use reasonable efforts to maintain availability of the Service. You understand and agree that from time to time the Application and Service may be unavailable due to maintenance or technical issues.
11. Modification and Termination
Company may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to your Personal Information, Company may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated these Terms of Use. The connection to and access by your Authorized Provider may be modified, suspended, or terminated by your Authorized Provider at any time and without notice, however, you will still have access to your account for the Application (the “Application Account”). You are solely responsible for maintaining your own copies of any Personal Information or other data maintained within the Service or of any communications received through the Service. Company assumes no liability for any information removed from the Service. Company also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. The Service is made available to you for the purpose of participating in the Medtronic Study. Upon the completion of such procedure, your right to use and access the Service will terminate. Upon any termination of your access to the Service, you must cease all use of the Service.
You also have the right to terminate your InsightPro™ Account. You may delete your Application Account at any time by using the functions available through the Service and deleting the Application from your mobile device.
12. Not Medical Advice
YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR THE SERVICE OFFERS MEDICAL ADVICE. ANY CONTENT OR DATA ACCESSED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. COMPANY, ITS LICENSORS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN THE APPLICATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE FOLLOWING OR CHANGING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE, APPROPRIATE AND EFFECTIVE FOR YOU. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PROCEDURE, TREATMENT, RECOVERY OR HEALTHCARE, PLEASE CONTACT YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON THE SERVICE. THE APPLICATION AND CONTENT PROVIDED ON THE SERVICE SHOULD BE USED IN CONCERT WITH YOUR PHYSICIAN OR HEALTHCARE PROVIDER. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK AND COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE.
13. Exclusion of Warranties
THE APPLICATION AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE OR THAT THE SERVICE WILL BE TOTALLY SECURE. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR THEFT OF PERSONAL INFORMATION OR DATA TO THE EXTENT SUCH INFORMATION OR DATA IS BEING TRANSMITTED OVER THE INTERNET OR OTHER MEDIUM BEYOND THE CONTROL OR JURISDICTION OF COMPANY.
NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS, ADDRESSES THE NEEDS OF YOUR PERSONAL SITUATION OR IS ACCURATE, COMPLETE OR UP-TO-DATE. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER COMPANY NOR ANY OF COMPANY'S LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
14. Limitation of Liability
NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE, INCLUDING ANY CONTENT AVAILABLE ON THE SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
15. Third-party Content & Services
Company may make third-party services available through the Service. Company is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. Company further does not endorse any third-party Service Providers (including Authorized Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. COMPANY MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
16. Law and Venue
These Terms of Use are governed by North Carolina law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN WAKE COUNTY, NORTH CAROLINA. YOU AND COMPANY CONSENT TO THE SOLE PERSONAL JURISDICTION AND VENUE OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
17. General Legal Terms
For purposes of clarification, these Terms of Use are for end users of the Service. You may not transfer or assign your rights or obligations under these Terms of Use. If Company and an Authorized Provider have entered into a separate business associate or services agreement, such other agreement shall control the relationship of Company and such Authorized Provider with respect to its subject matter. Company shall not be liable for any failure or delay in the Service due to causes beyond its reasonable control, including but not limited to war, sabotage, terrorist activities, riot or other acts of civil disobedience, act of any government affecting the terms or performance hereof, accident, fire, explosion, flood, hurricane, severe weather or other acts of God, failure of telecommunication or internet service provider and denial of service attacks or similar attacks. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.
18. Third-Party Device and Application Terms. If you are accessing the Service via an application on a device provided by Apple, Inc., Google, Inc., Samsung, Inc., Microsoft Corporation, BlackBerry Limited, or any other applicable service provider that provides the Service via a web-based or mobile-based application (each a "Third-Party Device Company"), or an application obtained through any of the Third-Party Device Company’s application store (each application store an "Application Store" and each application obtained therefrom, an "Application"), the following shall apply:
(a) Both you and Company acknowledge that these Terms of Use are concluded between you and Company only, and not with Third-Party Device Company, and that Third-Party Device Company is not responsible for the Application or the content therein;
(b) You will only use the Application in connection with a Third-Party Device Company device that You own or control and as permitted by the Usage Rules set forth in the respective Application Store Terms of Service;
(c) Both you and Company acknowledge and agree that Third-Party Device Company has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(d) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the respective Third-Party Device Company of such failure, and Third-Party Device Company will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Third-Party Device Company will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will, as between Third-Party Device Company and Company, be Company’s sole responsibility;
(e) Both you and Company acknowledge that, as between Company and Third-Party Device Company, Company, not Third-Party Device Company, is responsible for addressing your claims or the claims of any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
(f) Both you and Company acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Third-Party Device Company, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(g) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(h) Both you and Company acknowledge and agree that Third-Party Device Company and Third-Party Device Company’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Third-Party Device Company will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.
(k) Third-Party Device Company, any of each’s respective logos and registered trademarks are trademarks of each Third-Party Device Company, as applicable.
If you have any questions regarding these Terms of Use or the InsightPro™ Privacy Policy, please contact us at support@insightpro.care
InsightPro™ Terms of Use, Version No. 1
Last modified: November 15th, 2022
In addition to the other terms of these Terms of Use agreed to by you, you agree to the following terms. You acknowledge and agree that Medtronic, Inc. and its affiliates, contractors and representatives (collectively, “Medtronic”) shall be an Authorized Provider under the Terms of Use and, among other things, will have access to User Content and other personal information that you provide (collectively, “Personal Information”).
Medtronic may (or will) share information collected via the Service to provide support and guidance regarding the appropriate use, implantation, calibration, or adjustment of a medical device for you, the patient, and to provide consultation, advice, or assistance where a provider, in his or her professional judgment, believes will assist with the patient’s treatment.
You acknowledge that a separate Privacy Statement provides you with information on how Medtronic protects and uses information through the Service, including after you have stopped using the Service. While the Service is not provided by Medtronic directly, for purposes of the Privacy Statement, the Services shall be considered to be an “App” (as defined in the Privacy Statement).
InsightPro™ Privacy Policy
Higgs Boson, Inc ("Company", "we", "us" or "our") is committed to respecting the privacy of all persons using the Company’s InsightPro™ mobile application (the "Application") and related products, documentation and services (the "Service"). This Privacy Policy describes the information gathering and dissemination practices for the Application and Service. More information on use of the Service is included in our Terms of Use, and any capitalized terms used, but not defined, in this Privacy Policy have the meanings given them in our Terms of Use.
Please note that by downloading the Application or using the Service, you agree to the terms in this Privacy Policy. You further understand and agree that this Privacy Policy and our Terms of Use form a binding agreement between you and Company. If you do not agree to the terms in this Privacy Policy, please do not download the Application or use the Service. Any changes to this Privacy Policy shall be subject to your review and approval as well as any other approvals required by the Medtronic Study (e.g., approval by an institutional review board overseeing the Medtronic Study).
Information we collect
We may collect the following types of information:
Information you provide — When you sign up for the Service, we ask you for some basic personal information. This includes personally identifying information such as your name, mobile device identification and number, email address and home zip code. Some of this information will be retrieved and saved on our systems and may include a user token or other persistent identifier. Through use of the Service, you may provide additional information for use, handling and posting by Company in connection with the provision and maintenance of the Service, including information about your upcoming medical procedure or surgery or after-surgery recovery program, which may include voice recordings or other audio or video material. You may also provide certain personal information of your Authorized Individuals in order to allow them to access your account through the Service.
Information your Authorized Provider provides - If you use the Service to connect and correspond with an Authorized Provider, such Authorized Provider may provide information through the Service.
Tags — When you use the Service, we may send use tags to track your use of the Service on your mobile device. We use the information provided by such tags to connect you with the relevant information on your surgical procedure and customize your experience and to improve the quality of our Service, including for tracking user trends, such as how people use our Service.
Automatically collected Information; Log information — When you access the Service, our servers automatically record certain information. These server logs may include information such as your information request, your interaction with the functions available through the Service, the date and time of your request and one or more unique identifiers so we can identify your device, including device type, operating system and device ID. We do not share your personal information as linked with your IP address or device ID with third parties.
User communications — When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
How we use and share Information
Administering the Service - We use information you and your Authorized Individuals and Authorized Providers provide and information we automatically collect to administer the Service as described in the Terms of Use and on the Service, to allow you and other users to use the Service, and to diagnose problems with the Service. We use your personal information to provide you with targeted information related to the Medtronic Study.
We will also analyze your information and use of the Service in order to improve and customize your experience, including remembering information so you will not have to reenter it and provide access to your data. We may also use such information to contact you regarding Service changes, system maintenance and outage issues, account issues or otherwise troubleshoot problems.
Information you provide in your interactions with the Service - Please do not post personal information of anyone else without their permission. If you or any Authorized Individual or Authorized Provider provides information in the form of a voice recording or other audio or video material, you agree that we will treat such recording, audio or video as your personal information provided however that you agree that any non-personally identifiable content therein may be used by us in connection with the Service and as otherwise permitted herein.
Service Providers - We will disclose information to our service providers that work on our behalf or with us to fulfill your information requests and to provide the Service. We do not permit these providers to use your information other than as necessary to provide the services to us.
Authorized Providers - If you have designated any Authorized Providers, we will provide them with access to the information provided by you or by your Authorized Individuals or other Authorized Providers through the Service, including information regarding your health, surgical preparations and recovery. We cannot control how any Authorized Individual or Authorized Provider may use or disclose any personal information you may make available on the Service. See our Terms of Use for more information.
Other Disclosures - We may disclose your information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or other governmental or law enforcement request, (b) enforce our Terms of Use, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against or mitigate harm to the rights, property or safety of Company, its users or the public as required or permitted by law.
With Permission - If we use your personal information in a manner different than the purpose for which it was collected or other than as disclosed in this policy, then we will ask for your consent prior to such use.
Aggregate and Non-personally Identifiable Information - Company may use non-identifiable anonymous data that is based on our users’ use of the Service, including your use and based on the Personal Information you provide and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. For example, Aggregate Data may provide information on the types of procedures for which patients may require additional reminders or tasks, or as to the features of the Service that are most used or visited by different demographic groups. Aggregate Data may be used to determine such things as user demographics and usage patterns for our services. Company may use Aggregate Data within Company to understand the needs of the InsightPro™ community of users and determine what kinds of programs and services we can offer, including improvements and new products. We may also share Aggregate Data with third parties.
Except as set forth herein, we will not provide your personally identifiable information to any such unaffiliated parties for marketing or other purposes without your consent.
Data Retention
If you provide personal information to us through the Service, you may request that we delete such personal information from the Service by sending an email to support@insightpro.care, provided, however, that all of your health information collected for the Medtronic Study cannot be removed from the study data and will be used as described in the Informed Consent. Additionally, end users can log in to the app and submit request to delete the account. Upon your request or if you deinstall the Application or cancel your registration for the Service, we will take reasonable steps to remove your personal information from the active part of our Service in accordance with our standard processes, but in any event within 60 days. We may retain non-personally identifiable information indefinitely. Even after you request removal of information from or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared, copied or stored by you or other users or has been archived or may remain viewable in cached and archived pages by search engines and other web crawlers. You further understand that due to the nature of our Service and databases, it is infeasible for us to remove or destroy personal information you provide to us; provided to the extent we retain any such information, we will hold such information in accordance with this Privacy Policy until deleted or destroyed.
Corporate Events
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, your information may be included in the assets sold or transferred to the acquirer. You hereby agree that we may transfer or assign the information we have collected from you in connection with any such event. In the event of a bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred or used.
Information security
We will take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. However, we cannot guarantee its absolute security or that unauthorized persons will not access or use your personal information for improper purposes. In the event of a breach of security affecting personal information or data on our servers, we will take such notification and other steps as may be required under applicable law. You hereby agree that we may send you notices through the Service or via email.
Accessing and updating personal information
You may update, change or correct your personal information through the Service. We will update your account and information as requested, provided, that we may decline to update information if we determine it to be impractical (for instance, requests concerning information residing on backup tapes or other historical data). In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Disclosures
Social Media Sites
We may have pages or other presence on various social networking sites or services, such as Facebook, Twitter and the like. Any information you post or provide through such sites and services will be subject to the policies of those sites and services.
Links
The Service may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Company’s Service. We do not control those sites or their privacy practices, which may differ from our practices and policies. We do not endorse or make any representations about third-party websites. The personal data you choose to give to unrelated third parties is not covered by our Privacy Policy. We encourage you to review the privacy policy of any company before submitting your personal information.
Location of Servers
Our servers are located in the United States of America. If you are accessing the Application and Service from outside the United States, please be advised that through your continued use of the Site or Service, which is governed by U.S. law and this Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer and the maintenance and processing of such information in the United States.
Information of Children
The Service is not intended for use by minors under the age of eighteen (18). If we learn that a child under the age of 18 has provided us with personal information without verifiable parental consent, we will promptly take reasonable and appropriate actions to remove such user and delete any personal information from our servers. If you believe we might have any information from or about a child under 18 which was not obtained with verifiable parental consent, please contact us at support@insightpro.care.
Tracking
We do not track or collect personal data about your online activities once you close the Application or Service.
Health Information
Some of our users may be "covered entities" as defined in and for the purposes of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health of 2009 ("HITECH") and the regulations adopted thereunder (collectively and as may be amended "Health Privacy Laws"). If we store, process or transmit individually identifiable health information (as defined under the Health Privacy Laws) on behalf of a covered entity, we may do so as "business associate" and as set forth in a separate business associate or provider agreement. In such cases, Company is obligated to treat the individually identifiable health information in accordance with the applicable Health Privacy Laws.
If you are not a covered entity and you are registering for the Service for your own personal use and not in connection with a covered entity (e.g., a hospital or physician/physician practice), you understand and agree that Company is not a healthcare provider or other "covered entity" for the purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that Personal Information provided by you to Company or through the Service will not be subject to HIPAA requirements or deemed Protected Health Information for such purposes provided, however, if you are registering for the Service in connection with healthcare services to be provided by a covered entity, as a business associate of such covered entity, Company is obligated to treat any individually identifiable health information provided by you to Company or through the Service (and any other individually identifiable health information created, received, maintained, or transmitted by Company on behalf of a covered entity) in accordance with the applicable Health Privacy Laws.
If you have any questions regarding this Privacy Policy, please contact us at:
Data Protection Officer (DPO)
Rajeev Dharmapurikar
rajeev@higgsbosonhealth.com
1-866-704-4447
Ver. No. 1.0
Last modified: November 15th, 2022.