Mobile App Terms

Last Updated: 6 January 2015

TERMS OF SERVICE

Thank you for using Exco Breathe! The following Terms of Service (“Terms”) govern your access to and use of (“we” or “our”) websites and services (“Services”). Please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You may use the Services only in compliance with these Terms and all applicable local and international laws, rules and regulations. You may use the Services only if you have the power to form a contract with Exco InTouch and are not barred under any applicable laws from doing so. The services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

This Service does not provide medical advice

The service is intended for you to use to store your personal health related information and to help you manage your health. The materials provided on the site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

While you may decide to authorize others, including healthcare providers, to have access to your personal account, the information stored in your account is not intended to be and should not be used for diagnosis or treatment. The information in your account may not always be accurate or up to date and should be viewed by any health care provider as informational only.

If you think you may have a medical emergency, call your Healthcare Provider immediately. Exco InTouch does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by Exco InTouch, by persons appearing on the site at the invitation of Exco InTouch, or by other members is solely at your own risk.

Using the Service and your Rights

By using our Services you provide us with information that you submit to Exco InTouch (together, “your data”).

You retain your rights to data that you submit, post or display on or through the Services. By submitting, posting or displaying your data on or through the Services, you grant us a worldwide, non-exclusive, royalty free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your data in any and all media or distribution methods (now known or later developed). How we collect and use your information generally is also explained in our Privacy Policy (as detailed below).

This license includes the right for Exco InTouch to make your data available to other companies, organizations or individuals who partner with Exco InTouch for the syndication, broadcast, distribution or publication of such information on other media and services, subject to our terms and conditions for such use.

Such additional uses by Exco InTouch, or other companies, organizations or individuals who partner with Exco InTouch may be made with no compensation paid to you with respect to the data that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your data in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your data as are necessary to conform and adapt that data to any requirements or limitations of any networks, devices, services or media.

Exco InTouch gives you a personal, worldwide, royalty free, non-assignable and non-exclusive license to use the software that is provided to you by Exco InTouch as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Exco InTouch, in the manner permitted by these Terms.

You may not use any automated means to access the Site or content or Services provided on the Site for any purpose. You may not post any content on the Site that contains any computer programming routine intended to change, damage, interfere with, intercept or expropriate any system, data, or personal information.

You may not use contact information provided by members, or collect information about members to facilitate the sending of unsolicited bulk communications or allow others to use your account to take such action.

Privacy

Any information that you provide to Exco InTouch is subject to our Privacy Policy, which governs how we collect and use your information.

Through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Exco InTouch. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Exco Breathe account, which you may not be able to opt-out from receiving.

We may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Exco InTouch, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

You may not disclose, to any person or entity, personally identifiable information about other members you obtained while using the Services without the express written consent of such member(s).

Sharing your data

The Services provide features that allow you to share your data with others or to make it public. When you give others access to your data on the service, they can use, reproduce, distribute, display, transmit, and communicate that data to the public. Please consider carefully what you choose to share or make public. Exco InTouch has no responsibility for that activity.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Exco InTouch of any unauthorized use of your account.

Exco InTouch Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Exco InTouch and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Exco InTouch name or any of the Exco InTouch trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Exco InTouch, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Exco Breathe is Available “AS-IS”

Though we want to provide a great service, your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EXCO INTOUCH AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Exco InTouch will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Exco InTouch has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis. No advice or information, whether oral or written, obtained from Exco InTouch or through the Services, will create any warranty not expressly made herein.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EXCO INTOUCH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ASTHMAPOLIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Modifications

We may revise these Terms at any time without notice and the most current version will always be posted on our website. You are expected to check this legal notice from time to time to take notice of any changes we make. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Membership to the Site and the Service is currently free. We reserve the right to change these Terms at any time and charge for membership and/or to provide additional optional services for a fee.

Miscellaneous Legal Terms

These Terms, along with any applicable policies and agreements on the Exco InTouch website, constitute the entire and exclusive agreement between you and Exco InTouch with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Exco InTouch’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. Exco InTouch may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Exco InTouch and you are not legal partners or agents; instead, our relationship is that of independent contractors.

For any questions or comments, or to report violations of this agreement, let us know, or contact us at:

Europe: Exco InTouch Ltd, Unit 6, Wheatcroft Business Park, Landmere Lane, Nottingham NG12 4DG

North America: Exco InTouch Inc. 2101 Gateway Centre Boulevard, Suite 104, Morrisville, NC 27560, USA

Privacy Policy – Part I

Your privacy is important to us. To better protect your privacy we provide this notice explaining the type of information that Exco InTouch collects from the people who use our Services, when and how that information is shared with other parties, and the choices you can make about the way your information is collected and used.

To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. We reserve the right to modify this policy at any time and without prior notice, by posting amended privacy policy and terms on this website and we encourage you to review this policy periodically for any updates.

The Information We Collect

Exco Breathe enables individuals to record information about their respiratory health through a variety of mechanisms including computer and mobile phone interfaces. In addition, we provide a way for people to share that information with others in their community, including individuals, health care providers, and public health agencies and organizations.

In the course of using our Services, Exco Breathe may also prompt you to provide certain information about yourself including your name, email address, date of birth, mailing address, and password. You may enter as much or as little information as they like and should not enter any information that you feel uncomfortable sharing.

We may also periodically ask you to complete short surveys about your experiences for research purposes or to improve our Services. Your participation in these surveys is not required, and your refusal to do so will not impact your experience on the site.

How Information about you and your Respiratory Health is used

To create the best possible tools, research and functionality for our community, Exco InTouch may use your personally identifiable information internally as needed to improve and deliver our Services. In addition, Exco InTouch may use your personally identifiable information to fulfill any request you make. When necessary, we may provide your personally identifiable information to approved vendors, for their use in assisting us with the maintenance and operation of our Services.

Exco InTouch is interested in better understanding the management and impact of asthma and in identifying and supporting better ways to address asthma at the public health level. In addition to serving the individual needs of our members, Exco InTouch provides information to Partners, such as public health agencies, including information for use in their activities and scientific research. Exco InTouch removes personally identifiable information that can reasonably be used to identify you prior to sharing information with these third parties. You are free to opt out of these programs at any time.

If you choose to share information about your respiratory health, it will be anonymized and combined with information from other members. The public and other members will be able to view aggregated information about asthma. Neither you nor your events will be identifiable in this aggregated information. Additionally, so that others can learn from your experiences, your demographic information (such as sex, age, and city) will be aggregated and made available to other members and partners. For example, we may report the number of patients in a given area experiencing an asthma exacerbation, or the number of individuals experiencing a particular symptom.

Exco InTouch may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Exco InTouch; (b) protect and defend the rights or property of Exco InTouch (including the enforcement of our agreements; or (c) act in urgent circumstances to protect the personal safety and welfare of users of Exco InTouch services or members of the public.

Privacy Settings

Exco InTouch provides a variety of ways to share your information with others and to control the information that you share. You can view and set your sharing preferences on your profile section of the App at any time. If you have any questions or concerns about these preferences, please contact us.

Personally identifiable information, such as full name and email address, will never be revealed to others without your consent.

Because part of the value of Exco Breath is generated by aggregating voluntarily shared data from individuals in the community and providing that information to its members as well as to public health agencies, we hope that you feel comfortable enough to share as much information as possible about your respiratory health.

Finally, you should know that Exco InTouch uses industry standard precautions to help keep your data secure.

What else should I read?

Read Part II below to learn more details about our privacy policy and practices in certain parts of the world.

PART II

Read this if you are a resident of the European Union or Switzerland

We adhere to the Safe Harbor Privacy Principles, as well as the Frequently Asked Questions (FAQs) that make up the U.S.- EU Safe Harbor Framework and U.S.- Swiss Safe Harbor Framework. You can find the principles and the FAQs, along with other information on the Safe Harbor program, at the website maintained by the U.S. Department of Commerce at http://export.gov/safeharbor/

What are the principles?

The principles apply to “personal information” (“PI”) which essentially means information that identifies you or is so linked to you or your device (like your phone or computer) that you reasonably can be identified. PI doesn’t include information that is public or that is “de-identified” (e.g., others reasonably can’t identify you).

These are the basic principles and our policy regarding them:

  1. Notice and Choice: in Part I we let you know about types of PI we collect and why, what we tend to do with it, types of third parties with authorized access, and your choices. Usually, the study team or supporters make PI determinations and we just follow their directions. We store PI for as long as advisable to support the study or deal with questions or documentation rules
  2. Onward Transfer: when Exco InTouch transfers PI to third parties (e.g. the sponsor of your clinical study) located outside the EU and Switzerland, the “onward transfer” principle says we should try to make them protect PI with the same care that Exco InTouch take. We will only transfer your PI to those third parties if they have agreed to comply with the Safe Harbor Privacy Principles.
  3. Security: this principle requires us to take reasonable precautions to protect PI from things like loss and unauthorized disclosure or access. We think we take more than ordinary precautions. When we are in a position to do so, we also endeavor to take reasonable steps to prevent unauthorized processing by third parties with whom we have contracts. However, we do not guarantee security because any security can encounter problems. When you sign this form, you are allowing the study doctor, sponsor or Exco InTouch to send you notices of any security incident to your mobile number or email address.
  4. Data Integrity: this principle asks us to collect only relevant PI for relevant purposes and to try to keep it accurate. We are not in a position to do that other than to provide the above security. We largely follow the directions of others in the study. If you have concerns about data integrity, please contact your study doctor.
  5. Access: this principle endeavors to give you access to PI we collect and to let you update and delete it etc. Because this is a research study, access will be restricted for most PI, although your study doctor can update some details such as your mobile number and email address. PI for the study itself usually cannot be accessed by you once you submit it. If you have questions, please contact your study doctor (or if there isn’t one, contact us at our address below).
  6. Enforcement: this principle encourages us to use a third party who will look at our compliance if you make a complaint. The name of that third party is below.

The principles, and our descriptions of them, are general and are not intended to limit any other legal or ethical rights.

Are we a member of the Safe Harbor?

We self-certified to the U.S. Department of Commerce our adherence to our policy on 15 January, 2013. We plan to keep participating, but might change our mind (in which case we’ll continue to deal with the PI we already collected in accordance with this policy). If you do not find our name listed at https://safeharbor.export.gov/list.aspx, please let us know (we’ll tell you if we withdrew or will try to find out why we are not listed).

Who can you contact if you don’t think we are complying with the Safe Harbor?

If you do not want to contact your study doctor, please feel free to contact us at:

Exco InTouch, Ltd. Unit 6, Wheatcroft Business Park, Landmere Lane, Nottingham NG12 4DG

Phone: +44 (0)115 7210510 | Email:privacy@excointouch.com

Exco InTouch, Inc. 2101 Gateway Centre Boulevard, Suite 104, Morrisville, NC 27560, USA

Phone: +1 877 327 5777 | Fax: +1-800-599-8404 | Email:privacy@excointouch.com

If you are not satisfied with the response, feel free to contact an independent, dispute resolution company: BBB EU SAFE HARBOR operated by the Council of Better Business Bureaus at www.bbb.org/us/safe-harbor-complaints.

We self-certify compliance with