WEBSITE DISCLAIMER

All information and materials on the pages of the website https://www.connectedmhealth.com/ are for your general information. Mikropis USA LLC hereby represents and warrants that it will compile the information displayed on this website with due diligence in terms of the accuracy and timeliness; however, it excludes liability for any inaccuracies, outdated or incomplete information and materials found on this website. Neither Mikropis USA LLC nor any other legal entity or private individual that has participated in the creation or the preparation of this website shall be held responsible for any damage, which may arise from or be in connection with the use of this website or the inability to use the information provided on this website or any error or deficiency in its content.

Mikropis USA LLC shall not be liable for any damage or injury (including damage caused by computer viruses) to computer hardware, cell phones or any other application to which access is available through this website, and due to the fact that a user has visited the website or that he/she has used it. Mikropis USA LLC shall not accept responsibility for any loss or damage that may result from the use or from the unavailability of use of this website.

Mikropis USA LLC reserves the right to amend Mikropis USA LLC the content of this website at any time, in any way and regardless of the reason without any prior notice and it does not accept any responsibility for any and all consequences of such amendments.

This website also includes links to the websites operated by third parties, that is, it provides information on third parties. Mikropis USA LLC does not have any control over the content of the information found on the websites of third parties and it has no responsibility for the content of the linked website(s) of third parties.

The content of this website is subject to the copyright and other forms of intellectual property protection to the fullest extent permitted by law.

This website contains, but is not limited to, the design, appearance, graphics, trademarks, images, sound, animations, videos, text, tools and others, which is owned by or licensed to us or we have any other permission to use and/or publish.

You agree to use the information and others found on this website for your own purpose only. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than for personal and non-commercial use only.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

TERMS OF USE

These Terms of Use create a legally binding agreement between you (referred to as “You” or “User”) and Mikropis USA LLC (“Mikropis USA LLC,” “we,” or “us”) regarding your use of our platform and mobile applications (collectively, the “Service”).

Before using our Service, please carefully read and understand these Terms of Use, as well as our Privacy Policy and any other documents referenced herein. By clicking “I accept” or subscribing to the Service, you acknowledge and agree to be bound by these Terms of Use. If you do not meet the eligibility requirements or do not agree to these Terms of Use, you are not authorized to use the Service.

We may modify or update these Terms of Use from time to time, and your continued use of the Service after any changes have been made indicates your acceptance of those changes. If you have any questions or concerns about these Terms of Use, please contact us at sales@connectedmhealth.com.

Please note that the Service and the content available through the Service are not intended to be a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. You should use your own professional judgment in connection with such matters. The Service, content, devices, or software do not provide medical advice or diagnostic services.

You acknowledge and agree that neither Mikropis USA LLC nor the Service, content, devices, or software provide medical advice or diagnostic services. Any reliance on the Service, content, devices, or software by you or any of your authorized users is solely at your own risk. Mikropis USA LLC is not responsible for the use of any pharmacological, medical, legal, or similar information contained in or used in connection with the Service. You and your authorized users should verify the accuracy and completeness of such information whenever necessary to provide healthcare services.

You understand and agree that any use of the Service by you or your authorized users for any purpose related to patient care should be supervised by a healthcare professional. You acknowledge and agree that you and your authorized users will be solely responsible and liable for the treatment and care of patients, including all responsibility for personal or psychological injury or death.

1.Service Overview.
You acknowledge and agree that to the fullest extent permitted by law, You assume all risk and Mikropis USA LLC is not responsible for any harm to You or others that may occur from Your use of the Service. You may only access or use the Service for purposes permitted by Mikropis USA LLC under these Terms. Your access to the Service is granted only if authorized by an organization that has purchased the right to use the Service (“Mikropis USA LLC Customer”), and is subject to the discretion and control of both the Mikropis USA LLC Customer and Mikropis USA LLC under these Terms.

2. Responsibility for Authorized Users.
“Authorized User” means each individual user of the Service permitted to use the Service by You, including personnel, other organizations, and patients. For the avoidance of doubt, the organization is responsible and liable for any non-compliance with these Terms by its Authorized Users. You are responsible for any and all acts and omissions by the Authorized Users and their accounts in connection with the Service, including the content and data transmitted to or from the Service by You or Authorized Users, or their accounts. You are also responsible for the effects of any breach of security in connection with the activity of Authorized Users’ accounts in connection with the Service. You are solely responsible for Your and the Authorized Users’ interactions with patients, both in connection with and separate from the Service. Additionally, You are responsible for ensuring that all diagnoses are carried out by a healthcare practitioner, and all exercises and/or other actions to cure, mitigate, treat, or prevent disease or other conditions are prescribed and carried out by a healthcare practitioner. You are solely responsible for obtaining, installing, maintaining, and operating all necessary software, hardware, or other equipment to use and access the Service. Your responsibility also includes utilizing up-to-date web browsers, antivirus, anti-spyware, and internet security software. Mikropis USA LLC and its entities, licensees, and licensors shall not bear any responsibility or liability for interruption, non-performance of the Service, or for loss and theft of personal data resulting from the aforementioned factors.

3. Obligation for Your Organization:
By accepting these Terms, you agree to them both on your own behalf and on behalf of Your Organization (and its affiliated organizations) for whose benefit you are utilizing the Service. “You” in these Terms refers to the individual using the Service and the organization for whom they are using it.

4. Qualification:
By accepting these Terms, you confirm and warrant that: (a) you have been authorized by the Organization to accept these Terms on its behalf; (b) you are legally qualified to enter into a binding agreement; (c) you have not previously been suspended or terminated from the Service; (d) your use of the Service complies with all applicable laws and regulations; and (e) you have read and agreed to our Privacy Policy.

5. Accounts and Registration:
To access the majority of the Service’s features, you must create an account. When creating an account, you may be required to provide some information about yourself, such as your email address and password. You accept that the information you provide in your profile is accurate and that you will keep it current at all times. You understand that we may utilize this information during the registration process to verify your eligibility to use the Service. When creating an account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities that occur under your account. If you suspect that your account is no longer secure, you must immediately change your password and inform us at sales@connectedmhealth.com.

6. Payment:
Mikropis USA LLC requires You to pay the fees for using the Service as per these Terms and the terms displayed on the website when You purchase access. By providing payment information, You authorize Mikropis USA LLC and its payment processor (Third-Party Site) to charge You the fee on the first day of Your initial billing period and subsequently for each billing period in advance. All fees are non-refundable, except as required by applicable law. Mikropis USA LLC has the right to change the fees for the Service, including by adding new fees or charges at any time. If You do not accept the changes, You can unsubscribe from the Service as per these Terms. In case of payment through credit card, Mikropis USA LLC may seek pre-authorization from Your credit card company before charging You to confirm that Your credit card is valid and has sufficient funds or credit. Unless otherwise specified, the fees do not include any taxes or duties and related fees, and You are responsible for paying all Taxes arising from Your purchases under these Terms. If You do not pay the fees on time, Mikropis USA LLC has the right to charge interest on the amount due at the maximum rate permitted by law. If You cancel within ten days of the subscription renewal, the cancellation will take effect at the end of the current subscription period, and Mikropis USA LLC may charge You for the subsequent subscription period. We have a 7-day return policy, which means you have 7 days after receiving your access to our app, to request a full return od paid amount. To be eligible for a return, you will need the receipt or proof of payment and send a mail message to sales@connenctedmhealth.com. Failure to pay in full and on time may lead to immediate suspension or termination of Your access to and use of the Service without prior notice or demand.

7. Refunds:
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than 15 business days have passed since we have approved your return, please contact us at sales@connectedmhealth.com.

While using our Services, you may come across certain areas or features that allow you to access Third-Party Sites such as Shopify Inc, which are not owned or controlled by us. If you decide to visit any of these Third-Party Sites, you will be directed to an external third-party environment that is neither owned nor controlled by us. You acknowledge and agree that these Third-Party Sites may have different privacy policies, terms of use, user guides, and business practices from ours, and that your use of such Third-Party Sites is solely governed by their respective Third-Party Rules. We offer links to Third-Party Sites for your convenience, but we do not verify or make any representations or take responsibility for such Third-Party Sites, including but not limited to the accuracy, quality, completeness of the content, links displayed, applications or any other activities conducted on or through these Third-Party Sites.

Mikropis USA LLC is committed to ensuring that your privacy is protected.

Your use of this website and any dispute arising out of such use of the website is subject to the laws Rochester, Minnesota.

These General Terms and Conditions (including with the Privacy and Cookie Policy) are effective as of September 1, 2020 and may be updated from time to time.

We reserve the right to modify or replace these Terms at any time by posting the revised General Terms and Conditions on this website. You are responsible for reviewing and becoming familiar with any such change each time you access any part of this website.

PRIVACY POLICY

The personal data controller in the sense, as defined by the current legislation regulating the protection of personal data, is a company:

Mikropis USA LLC

221 1st Ave SW
suite 202, Rochester
MN 55902 United States
T: +1 507 202 2444

If you have any questions about the use of this Policy or about the rights you can exercise arising from this Policy, contact us in written in any of the following ways:

Mikropis USA LLC, 221 1st Ave SW, suite 202, Rochester, MN 55902 United States, with the addendum ‘Personal data protection’”
E: sales@connectedmhealth.com

Mikropis USA LLC may collect the following personal data in accordance with the purposes set out below in this Privacy Policy:

  • basic contact information (name, surname, phone number, e-mail, country);
  • location data only with your permission (to see maps for tracked activities; on Connected mHealth Android app, you need to allow Mikropis USA LLC to use your location all the time – Mikropis USA LLC will use location in the background to show your activities on the map);
  • GoogleFit & iHealth data only with your permission – physical activity data, time, distance, speed, calories and heart rate data. We read specified data to use it to adjust the patient program to ensure a safe and well-guided rehabilitation process. Connected mHealth’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements;
  • analytical cumulative or anonymous information about the use of the website and the response to our emails;
  • the information we need to complete the contract and/or delivery of purchased products and services (customer information, purchase item, price, delivery address, delivery time, payment method, date of payment, information on complaints, invoice information, etc.);
  • information about the authors of professional contents with their profile, which are given to us by the author for the purpose of presenting the author;
  • information about consultants, lecturers and other experts with their CVs, references and other information that they provide either via e-mail or through online forms for the purpose of their involvement in Mikropis USA LLC projects and/or for the purpose of participating in the provision of joint services offered to Mikropis USA LLC clients;
  • other data entered by users of this online portal into online forms, which are designed according to the specific purpose of each form.

In accordance with personal data protection legislation, we may process your personal data on the following legal basis:

  • where this is necessary to fulfill our legal obligations (e.g. issuing invoices for a purchased service or product, saving data for tax-related obligations);
  • where the processing of your personal data is necessary to perform a contract you’ve entered into or because you wanted us to bid;
  • where you’ve given your consent to the processing of your personal data for a particular processing purpose, however you always have the right to withdraw your consent;
  • where we have a legitimate interest to process your personal data.

Providing personal data that we require to perform a contract is voluntary. We would like to remind you that in case you do not provide your personal data that we require to provide our services (e.g. entering into a contract, registering for a webinar), we will not be able to provide that service.

Giving consent is always voluntary and without any adverse consequences. However, we would like to remind you that certain services cannot be provided without your consent or after you withdraw your consent.

We may use your personal information for one or more of the following purposes:

  • communicating with you regarding the performance of our services and responding to your enquiries;
  • entering into a contract and performing obligations from that contract; Specifically, the provision of services such as registrations and orders made through our website (thereby ensuring that you can successfully register to our events, webinars, and that you can order services or products through the online shop). All personal data processed in relation to orders in our online shop is processed with the purpose of entering into and performing contracts that you entered into with us. If you do not provide all data required to complete an order, we reserve the right to delay or cancel the order;
  • for marketing communications (such as sending e-mails via our Connected mHealth eNews, regular mails and SMS messages, all with the purpose of notifying you about new services or upgrades of existing services, events organised by Mikropis USA LLC and/or by business partners, business opportunities and other information, services and tools);
  • for marketing communications, based on targeted or individualized offers. The use of some personal data helps us to personalized communication with you so that it’s as interesting and useful to you as possible. Based on certain personal data, we can divide individuals into groups, enabling us to tailor the content of messages to each group. Marketing communication with targeted or individual offers will be conducted only with your explicit consent.
  • to enforce any legal claims and to settle disputes; During the course of protecting our business and exercising and/or protecting our rights, personal data may be disclosed. Your personal data will be disclosed only in the manner and under circumstances defined by the law.
  • for statistical analysis of the sale of our services and products and the use of our websites, which is our legitimate interest of maintaining and/or improving our business performance.

You have the right to withdraw your consent for any processing of your personal data at any time. You can communicate the withdrawal of your consent in written in any way listed in chapter “The personal data controller and contact details” of this Policy.

We will only keep your personal information for as long as it takes for the purpose for which the personal data were collected and processed (e.g. to ensure that you access and use your online account and the online store on Connected mHealth website, for completing your orders, checking your payments and meeting other obligations on our or your side, to ensure that you can access the specific information available to you on the website, to ensure that you can use the benefits of the Connected mHealth community, to send you eNews, etc.).

We keep those personal data that we process on the basis of the law for the period prescribed by law.

The personal data we process for the execution of the contractual relationship with you shall be kept for the period necessary for the execution of the contract and for a further 5 years after the conclusion of the contractual relationship, except in the event of a dispute over the contract between you and Mikropis USA LLC; in such a case, we store data for another 5 years after the final decision of the court or arbitration or settlement has been made, or, if no dispute has been made, for 5 years from the date of the peaceful settlement of the dispute.

Those personal data acquired based on your consent or our legal interest are permanently stored or until you withdraw your consent. The data collected on your consent will be deleted even before you withdraw your consent if the purpose for which the data were collected has already been achieved.

Personal data for which the storage period has expired (e.g. because the purpose for which they were collected has been achieved, or because the legal deadline has been reached) will be erased, destroyed, or rendered anonymous to prevent the personal data from being reconstructed.

Your personal data – for the expressed purpose for which they were collected – can be transferred, consulted or access to certain third parties (so-called data processors), who carry out certain tasks for us in terms of data processing. They are required to follow applicable legislation and the provisions of the personal data protection policy. Each data processor with whom we share the personal data may process the data only for the purposes for which they were collected.

Your personal data can be transferred to:

  • contractors who provide business services for us (e.g. accounting, legal, lawyer and other similar services);
  • providers of online services that enable us to distribute e-mails and eNews (such as Mailchimp or MailJet), advertising (e.g., Google AdWords, LinkedIn Ads and Facebook Ads), and web analytics (Google Analytics and Matomo Analytics);
  • data center service providers where our websites and portals are hosted;
  • where we are required to do so by law (e.g. tax authorities, courts).

At Mikropis USA LLC, we ensure that your data is processed securely. To protect the confidentiality, integrity, and availability of the information we hold, we have implemented appropriate technical and organizational measures. Our staff is trained in sound privacy principles and we maintain strong data security and privacy protection practices. Additionally, we store your data on servers of trusted partners IBM, located in the US. We also adhere to the General Data Protection Regulation (GDPR) which apply to our clients in the European Economic Area.

Providing personal data that we require is voluntary. However, if you do not provide them, you cannot receive certain services, access all functionalities of our online solutions, or conclude contracts with us.

Giving consent is always voluntary and without any adverse consequences. We would like to remind you that certain services (e.g. e-notifications or customized dissemination of e-mails and eNews) cannot be provided without your consent or after you withdraw your consent.

In accordance with the applicable legislation governing the field of personal data protection, you have the following rights:

  • access to personal data: You can request information from us about whether we process your personal data. If we do, you can request access to your personal data and information about the processing (which data is being processed and where the data come from).
  • rectification of personal data: You can request that we rectify or amend imperfect or inaccurate data about you which is being processed.
  • restriction of processing of personal data: You can request that we limit the processing of your personal data.
  • erasure of personal data: You can request from us that we erase your personal data (we cannot erase those personal data that we control due to legal obligations or based on a contractual relationship).
  • copy of personal data: You can request from us that we provide a copy of the personal data that you sent in a structured, commonly used, and machine readable format. One (free) copy of your personal data is delivered to you in a format you specify (if the request is provided by electronic means of communication and you do not request otherwise, the copy shall be provided in electronic form). For additional copies you request, we can charge a reasonable fee, taking into account the costs.
  • withdrawing consent: You have the right to withdraw your consent about the use of personal data that we collect and process with your consent at any time. You can withdraw consent in any way listed in chapter “The personal data controller and contact details” of this Policy. Withdrawing consent has no drawbacks, but it is possible that we will not be able to provide certain services to you after you withdraw consent.
  • objecting to processing of personal data: You have the right to object the processing of your personal data when the purpose of the processing is direct marketing or transferring your personal data to third parties with the purpose of direct marketing. Additionally, you can object the processing when your data is being used with the purpose of indirect marketing with the use of personalized or individual offers (profiling). You can communicate your objection in any way listed in chapter “The personal data controller and contact details” of this Policy.

PROCEDURE FOR EXERCISING INDIVIDUAL RIGHTS

You may address your written requests regarding the exercise of rights in connection with personal data in any way listed in chapter “The personal data controller and contact details” of this Policy.

For the purposes of reliable identification in the case of the exercise of your rights in connection with personal data, we may request additional information from you. We can only reject the procedure if we prove that you can not be reliably identified.

Upon your request, with which you exercise your rights in relation to personal data, we will respond within one month of receiving your request.

This Privacy Policy is effective as of September 1, 2020 and may be updated from time to time.

We reserve the right to modify or replace this Policy at any time by posting the revised Policy on this Connected mHealth website. You are responsible for reviewing and becoming familiar with any such change each time you access any part of this website.

COOKIE POLICY

In this guideline we use the term “cookie” to refer to cookies and other similar technologies covered by the EU Directive on privacy and electronic communications.

Cookies are small text files, created by the website visited, that contain data. They are stored on the visitor’s computer to give the user access to various functions. Both session cookies and non-session cookies are used on our sites.

A session cookie is temporarily stored in the computer memory while the visitor is browsing the website. This cookie is erased when the user closes their web browser or after a certain time has passed (meaning that the session expires).

A non-session cookie remains on the visitor’s computer until it is deleted.

We use cookies to learn more about the way visitors interact with our content and help us to improve the experience when visiting our website.

The share function is used by visitors to recommend our sites and content on social networks such as Facebook and Twitter. Cookies store information on how visitors use the share function – although not at an individual level – so that the website can be improved. If you do not accept cookies, no information is stored.

For some of the functions within our websites we use third party suppliers, for example, when you visit a page with videos embedded from or links to YouTube. These videos or links (and any other content from third party suppliers) may contain third party cookies and you may wish to consult the policies of these third party websites for information regarding their use of cookies.

This website uses Google Analytics and Matomo Analytics which use cookies. At the aggregate level, cookies store information on how visitors use the website, including the number of pages displayed, where the visitor comes from, and the number of visits, to improve the website and ensure a good user experience. If you do not accept cookies, no information is stored.

We will not use cookies to collect personally identifiable information about a visitor.

However, you can choose to reject or block the cookies set by Mikropis USA LLC or the websites of any third party suppliers by changing your browser settings – see the “Help function” within your browser for further details.

Please note that most browsers automatically accept cookies so if you do not wish cookies to be used, you may need to actively delete or block the cookies.

For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your mobile phone manual.

Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.