TERMS AND CONDITIONS - ASTHMATUNER

  1. TERMS AND CONDITIONS
    1. The following Terms and Conditions apply between MediTuner AB, org. 556982-8295 (hereinafter referred to as "MediTuner" or "we"), and the individual registered as an individual user of MediTuner's AsthmaTuner (the "User").
    2. AsthmaTuner is a patent pending digital self-care and support system that gives asthmatics individually tailored treatment recommendations and connects patients with healthcare for improved self-care and care through an application that is downloaded to the User's smart phone (the "Application") and through a spirometer that connects to the smart phone to measure lung function (hereinafter referred to as the "Service").
    3. "User Account" means the account provided to the User for access to the Service. The User may choose to give the User's healthcare provider access to the information that the User records in the User Account. The User may also, through the User Account, authorize the Caregiver to create a treatment plan as part of the Service.
    4. The Terms and Conditions apply to the User's User Account, the Service and related services on the website for the User and the Care Provider provided by MediTuner through the Application for iOS and Android and via the website (www.asthmatuner.com).
    5. A prerequisite for delivery of the Service is (i) that the User has a smart phone that supports the Service and (ii) that the User, at the first login, electronically accepts MediTuner’s at all times applicable Terms and Conditions for the Service. If the User does not accept the Terms and Conditions or MediTuner is not provided with for the Service necessary information, MediTuner is not required to provide the Service.

  2. USER REGISTRATION
    1. To use the Service, the User downloads the Application and can then register their User details and create a User account after verifying their identity using mobile Bank ID directly in the Application. By such registration, the User accepts these Terms and Conditions.
    2. In order to register for the Service, the User must have his or her own Bank ID and a registration may only be for personal use. However, anyone who is a custodian of a child has the right to use the Service by creating an account on behalf of the child when the custodian is logged in with Bank ID. The same Terms and Conditions apply to accounts created for children.

  3. USER'S RESPONSIBILITY
    1. The User commits to:
      1. not use the Service for any purpose other than personal self-care or asthma care and only in cases where the User is authorized according to “User Registration” above;
      2. immediately notify MediTuner via support@asthmatuner.com if the User suspects that another person has gained access to the User's two-factor authentication or otherwise to the User's login to MediTuner;
      3. promptly report any interruptions or errors in the Service's availability to MediTuner's customer service without delay via support@asthmatuner.com;
      4. provide correct information during User registration and keep the User Account information up-to-date with any changes in for example name, address, telephone number, e-mail address, etc.;
      5. not distribute or otherwise transfer any data or information that (i) the User has no right to disseminate under law or contract; (ii) infringes, contributes to infringements, or encourages others to infringe on intellectual property or corporate secrets; (iii) contains viruses, Trojans, Internet worms, other malicious software or malware, or which may otherwise damage or adversely affect the Service, or (iv) otherwise cause harm or other inconvenience to MediTuner or any third party.

  4. USER'S RIGHTS
    1. The User has the right to terminate the Service at any time without reason by deregistering the User.
    2. If the User as a consumer has complaints about how the Terms and Conditions are treated and we do not agree, the User can contact the General Complaints Board, Box 174, 101 23 Stockholm, www.arn.se. We follow ARN's recommendations. See also the European Commission's website for alternative dispute resolution regarding consumers' online purchases.

  5. MEDITUNER'S RESPONSIBILITY
    1. It is MediTuner’s responsibility to ensure that the Service meets the regulatory requirements imposed on a medical device product of the current type.
    2. MediTuner is responsible for the function and quality of the Service and undertakes to provide reasonable technical support to the User.
    3. MediTuner makes no representations or warranties, including (but not limited to) the warranties or representations of the Service beyond what is expressly stated in the Terms and Conditions.
    4. MediTuner shall under no circumstances be liable to Users for damages resulting from the delivery of the Service, either directly or indirectly, unless otherwise provided by applicable mandatory legislation.
    5. MediTuner is not responsible for the availability of the Service, technical disruptions or loss of data, unless otherwise required by mandatory applicable legislation. MediTuner is not obliged, except when complying with mandatory legislation, to pay compensation to the User for errors, deficiencies, data loss or other breach of contract by MediTuner.

  6. INTELLECTUAL PROPERTY
    1. All intellectual property rights to the Service, including, but not limited to, further development or other processing or modification thereof, belong to MediTuner.
    2. The User undertakes not to make the Service available to anyone other than the User, without the written consent of MediTuner, on the terms stated in the Terms and Conditions.
    3. The User does not have the right to intervene in the Service or to remove or change any trademark, trade name, copyright notice or other marking when promoting the Service. The User is also not entitled to modify, supplement, decompile or reassemble the Application to reproduce its source code to a greater extent than what is allowed by the Copyright Act.
    4. The user shall inform MediTuner of any infringement or suspected infringement of MediTuner's intellectual property rights to the Service without delay. MediTuner has no obligation to defend such rights.

  7. TERMINATION
    1. The Terms and Conditions apply until further notice. MediTuner and the User are entitled to terminate the agreement at any time, MediTuner has a notice period of one (1) month.
    2. If the User wishes to stop using the Service, the User should contact his Healthcare Provider or MediTuner at support@asthmatuner.com for termination of User account. In the event of such termination, MediTuner shall promptly delete the terminated User Account and remove all of the User's personal data (unless applicable law requires otherwise), in accordance with the applicable personal data policy.
    3. Termination of the Terms and Conditions shall not affect any Party's rights and obligations arising before the date of termination.
    4. If MediTuner deems that the User abuses the Service, the User may be immediately suspended and MediTuner has the right to immediately terminate the Terms and Conditions. In this case, the User will be notified in writing that such action has been taken.
    5. MediTuner may at any time, without prior notice to, or approval of, the User, change the design of the Service and its functions, or cease providing the Service.

  8. CHANGES AND TRANSFERS
    1. MediTuner has the right to make changes to these Terms and Conditions, and if so, publish the new Terms and Conditions at asthmatuner.com/support/instructions. MediTuner will notify the User of these changes and obtain the consent of the User for the new Terms and Conditions.
    2. The sale of MediTuner or the transfer of the rights to the goods and the Service, including all related rights and obligations, to third parties may be made without notice to, or approval of, the User.

  9. DISPUTES AND APPLICABLE LAW
    1. The Terms and Conditions shall be interpreted and applied in accordance with Swedish law. Disputes arising from Terms and Conditions are settled by the General Court. More information on this can be found at www.asthmatuner.com.




PRIVACY POLICY – ASTHMATUNER

INTRODUCTION

MediTuner AB, 556982-8295 ("MediTuner") processes Personal Data in MediTuner's system AsthmaTuner. AsthmaTuner is a patent pending digital self-care and support system that provides asthmatics (the User) with an individually tailored treatment recommendation (hereafter referred to as the "Service") that can also be provided by the User's Caregiver (the "Caregiver").

MediTuner is the data controller for the Personal Data that the User provides directly through the Service's "User Account" when the Service is used as a self-care system.

If the User accepts an invitation from the Caregiver to connect the patient's User account to the Caregiver's account in the Service ("Caregiver account"), the Caregiver becomes the data controller for the Personal Data. As long as there is an active connection between the User Account and the Caregiver Account, the Caregiver is the data controller, i.e. also for Personal Data that the User provides directly through the User Account. When such connection exists, MediTuner is the data processor for Personal Data on behalf of respective Caregiver.

If the User or the Caregiver chooses to terminate the connection between the User Account and the Caregiver account in the Service, the data controller for the personal data goes back to MediTuner. In such cases, MediTuner will make this Privacy Policy available via the User Account and request that the User give his/her consent to the data processing. In these cases, the service is used as a self-care system

MediTuner undertakes to process the User's Personal Data in accordance with applicable laws and, where applicable, the Caregiver's instructions and to take appropriate technical and organizational measures that have been agreed and are required to protect the data from unauthorized access, destruction and alteration.

The purpose of the Personal Data processing is to provide the Service, i.e. the self-care system (AsthmaTuner) that gives asthmatics an individually tailored treatment recommendation. In addition, Personal Data may be used for marketing purposes, such as sending out newsletters.

If the User has questions regarding MediTuner's Personal Data processing, the User can contact MediTuner. Information on how you / the user contact MediTuner can be found under the heading " Contact details " below.

APPLICABLE AREAS FOR THIS PRIVACY POLICY

To whom does the Privacy Policy apply

This Privacy Policy (hereinafter referred to as the "Privacy Policy") applies to individuals who register a User Account on AsthmaTuner. The User does not need to provide any personal information, but MediTuner will not be able to provide the Service if you / the User do not provide the necessary Personal Information and Sensitive Personal Information (see definitions below).

When does the Privacy Policy apply

The Privacy Policy is designed to allow Users of the Service to feel secure that MediTuner processes the User's Personal Data in accordance with applicable privacy legislation. The Privacy Policy applies to the Personal Data when MediTuner is the data controller, i.e. when the Service is used as a self-care system and for the purposes stated in the heading below.

When does the Privacy Policy not apply

The Personal Data Policy does not apply in the cases when the User's Caregiver has created a User Account to the User in the Service or when there is an active connection between the User Account and the Caregiver Account that the User has approved. In such cases, it is the Caregiver that is data controller for the Personal Data, with MediTuner being the data processor of the Personal Data on behalf of respective Caregiver. In such cases, you / the User will be directed to seek information about the Privacy Policy from your Caregiver.

The Privacy Policy does not apply to third party websites or systems that are not owned or managed by MediTuner. MediTuner has not reviewed these systems, websites, or other sites that contain links to the MediTuner Web site. The Privacy Policy does not apply to the processing of Personal Data that occurs on such websites and MediTuner is not responsible for the processing of Personal Data on websites that are not part of the MediTuner website. The User should therefore consult this website's Privacy Policy before the User discloses his/her Personal Data.

PERSONAL DATA BEEING PROCESSED

Personal Data means any kind of information that can be directly or indirectly attributed to a natural person who is alive. The Service may contain Personal Data relating to the User's identification (name and social security number), contact information, health data, reference values (e.g. gender and weight), external and environmental data (e.g. geographical position), connections (e.g. information about the User's relatives) and distribution (such as the User's address). (collectively hereinafter "Personal Data").

SENSITIVE PERSONAL DATA

Sensitive Personal Data is information that reveals racial or ethnic origin, political views, religious or philosophical beliefs or membership in unions, and personal or health information (hereinafter "Sensitive Personal Data"). Health information may include absence due to illness, illness, treatment and doctor's visits.

Within the Service, MediTuner may process Sensitive Personal Data consisting of information about the User's asthma, other information related to the User's health condition and information about the User's ethnicity.

CONSENT

When you / the User joins the Service, you provide your consent to MediTuner for using and processing the User's Personal Data and Sensitive Personal Data as described in the Privacy Policy, see purpose 1 below.

The User can revoke his/her consent at any time. However, if you / the User withdraw your consent, the Service will no longer be available to you / the User.

PURPOSE OF PROCESSING PERSONAL DATA

For purpose 2 above, only anonymized data is processed. For purpose 3 above, no Sensitive Personal Data is processed.

LEGAL BASIS FOR THE PROCESSING

For purpose 1 above, MediTuner processes the User's Personal Data with the User's consent

For purpose 2 above, MediTuner only processes anonymized information, which means that the information is not to be considered as Personal Data in accordance with applicable data protection legislation. Therefore, MediTuner does not need to provide any legal basis for this purpose.

For purpose 3 above, MediTuner processes the User's Personal Data with the support of their legitimate interest in being able to market the Service, as well as to send newsletters to the User and to provide the User with updates about the Service. In these cases, MediTuner has made a balance of interest assessment. Please note that only limited categories of Personal Data are processed for this purpose and that the User may oppose this processing at any time.

INFORMATION TO OTHERS

The Personal Data provided by the User to the User Account will, as applicable, be made available to the Caregiver through the Caregiver Account. In addition, MediTuner will not, without the User's permission, disclose the User's Personal Data to anyone other than what follows from this Privacy Policy.

MediTuner will not disclose the User's Personal Data to third parties for commercial use.

MediTuner may use independent service providers for services related to the Service. These providers can handle Personal Data and sometimes need limited access to Personal Data collected for the Service. MediTuner will always strive to limit such access to Personal Data and only share information reasonably necessary for suppliers to do their job or provide their services. MediTuner will also require these providers to (i) protect your / your child's Personal Data in accordance with this Privacy Policy and (ii) not use or disclose your / your child's Personal Data for any purpose other than providing the Service.

In the event that suppliers process Personal Data on MediTuner's behalf, as a so-called data processor, MediTuner will enter into an agreement with the supplier to regulate the processing of Personal Data, in accordance with applicable data protection legislation.

A User's Personal Data may be transferred or transferred to a buyer or potential buyer in the sale, transfer or other transfer of all or part of MediTuner's business or assets to the extent permitted by applicable data protection legislation.

TRANSFERS TO THIRD COUNTRIES

MediTuner will not transfer the User's Personal Data to third countries (i.e. a country outside the EU / EEA).

CHANGES IN THE PRIVACY POLICY

MediTuner reserves the right to revise this Privacy Policy from time to time. The date of the most recent change is stated at the end of the Privacy Policy. If MediTuner makes any changes to the Privacy Policy, MediTuner will publish these changes on www.asthmatuner.com. The User is therefore advised to read this Privacy Policy on a regular basis to note any changes.

If MediTuner modifies the Privacy Policy so that it differs substantially from what was stated when the User consent was collected for Purpose 1 (see above), MediTuner will notify these changes and, if necessary, obtain new consent for the Personal Data processed for Purpose 1.

DELETING DATA

The User's Personal Data will not be retained for longer than is necessary for the purposes of the processing and MediTuner will delete the Personal Data in a manner that follows the applicable legislation.

RIGHT TO REQUEST INFORMATION

The User is entitled to receive a copy of the Personal Data that is being processed (register extract) free of charge. For any additional copies requested, MediTuner may charge a reasonable fee based on administrative costs. The right to a copy should not adversely affect the rights and freedoms of others.

The User is entitled to request that MediTuner correct Personal Data which is incorrect or incomplete. If the User shows that the purpose for which the Personal Data is processed is no longer allowed, necessary or reasonable under the circumstances, the relevant Personal Data will be deleted, unless there are other legal provisions which specify otherwise.

The User has the right to withdraw consent to MediTuner for continued processing of the Personal Data with such legal basis ("the right to be forgotten").

Users also have the right to have the Personal Data which they themselves have submitted to MediTuner transferred to another Personal Data controller (right to data portability), as well as to submit any complaints to the Data Security Authorities.

The User has the right to object to the processing of Personal Data which is supported on a balance of interests as a legal basis. In this case, MediTuner will cease with data processing if MediTuner is unable to demonstrate compelling legitimate grounds for data processing that consider the User's interests, rights and freedoms, or if the processing of Personal Data carries out the establishment, exercise or defence of legal claim.

SECURITY

MediTuner takes all appropriate technical and organizational security measures necessary to protect your Personal Data against unauthorized access, alteration or destruction. However, it always involves a risk of disclosing Personal Data through digital channels as it is not possible to completely protect technology systems from intrusion.

COMPLAINTS

If the User has a complaint regarding MediTuner's processing of its Personal Data, the User has the opportunity to make a report to the Data Security Authorities, which is the supervisory authority. You are also welcomed to contact MediTuner in such cases.

CONTACT INFORMATION

If you have any questions about MediTuner Privacy Policy or regarding MediTuner's processing of Personal Data, please contact:

MediTuner AB, org. 556982-8295
Contact person: Eric Alhanko
Jungfrugatan 28, 114 44 Stockholm
info@medituner.se