Effective Date: 14th of March, 2023
AIDG APP
1. Privacy Policy
1.1.
General
1.1.1.
Welcome to the AIDG App of AID Genomics Ltd. License
number 515882884 (“AIDG”) providing services and coordination of
consultations with professional care, prescribed treatment, diagnostic testing
and issuing Test results with relation to various health states and diseases,
including but not only identifying the Covid-19 virus (“App“).The App serves as an additional and complementary
mean to facilitate AIDG’s diagnostic services to the general public.
For more information about the App and/or the Services please see the relevant
provisions of the Terms of Use.
1.1.2.
AIDG values your privacy and
committed to protect it in accordance with the provisions of this Privacy
Policy and law. The purpose of the Privacy
Policy is to explain to You what information AIDG collects
from You and/or your device and how AIDG accesses, collects, uses, stores, and
shares such information.
1.1.3.
The Privacy Policy set forth below
constitute an integral part of the Terms of Use. Without derogating from
the other provisions of the Terms of Use –
1.1.3.1.
entering the App and registering to
the App and/or Services Agreement and/or using the App constitutes and
expresses your consent to the Privacy Policy and by doing so You declare that
You have read and understand, are aware of and fully agree with
the Privacy Policy and to act in accordance with it without any
limitation or reservation. If You do not agree to the Privacy Policy, You are thereby requested to immediately cease any use of the App.
1.1.3.2.
AIDG may, from time to time, and in its sole discretion, change the
provisions of the Privacy Policy to reflect, inter alia, technological,
business, legal and/or regulatory changes. In the event that the Privacy Policy
will be changed, You will be notified accordingly. You
shall not be required to re-approve the Privacy Policy following such change,
though You can, at any time, disconnect from the App and deleting the User’s
account and all information related to it by clicking on the “Delete Account”
button in the App’s Settings menu or by contacting AIDG via email: service@aidgenomics.com.
1.1.3.3.
All terms used in the Privacy
Policy shall have the meaning attributed to them in the Terms of Use, unless
explicitly provided otherwise.
1.1.4.
The “Effective Date” of this
Privacy Policy is that of the Terms of Use.
1.1.5.
The App fully
complies with the Israeli law, regulations and rules
regarding privacy.
1.1.6.
For further clarifications
regarding the Privacy Policy, please contact us by email: service@aidgenomics.com
1.2.
What Information AIDG Collects
1.2.1.
Information You Provide to AIDG
1.2.1.1.
“Personal Demographic and
Communication Information” – full name; date of birth; residential address;
email address;
cell phone number; healthcare provider details; contents of messages or attachments
that You send to AIDG when contacting AIDG.
1.2.1.2.
“Identification Information”
– full name; date of birth; ID number; facial image; copies of legal
identification documents (such as ID, passport and driving license);
1.2.1.3.
“Medical Information” – including: waiver of confidentiality; medical questionnaire
related to the required service (i.e., height, weight, blood type, medical
history, a list of diseases, a list of allergies, a list of medications); other
bio-markers; medical symptoms; results
of the diagnostic tests.
1.2.1.4.
“Test’s Information” – Video
(non-audible) records and images of the Test kit, the performance of the Test
and your body parts involved in the Test; Results of the diagnostic Tests.
1.2.1.5.
“Payment Information” – your
payment related information, such as full name, date of birth, ID number, mean
of payment, , transactions sum and other common financial
information.
1.2.1.6.
“Additional Information” –
additional information that You may be required to provide for the provision of
various Services, to the extent required for such provision. In this case, the
provision of the additional information will be subject to your explicit
consent in advance.
1.2.2.
Information AIDG Collects from You
and Your Device
1.2.2.1.
“Device Information” – No
device information is being collected.
1.2.2.2.
“Usage Information” – No
usage information is being collected.
1.2.2.3.
“Information from Cookies and other
Technologies” – No information from cookies and other technologies is being collected.
1.3.
How AIDG Collects the Information
AIDG may collect information from You
and/or related to you when You use the App, including when You download and install
the App, register to the App, purchase Services, receive Services and/or
contacting AIDG from the following main sources:
1.3.1.
Voluntary entering of information
by You – from this source, AIDG may collects Personal Demographic and
Communication Information, Test’s Information, Payment Information and
Additional Information.
1.3.2.
Voluntary provision of information
by You – from this source, AIDG may collects Identification Information,
Medical Information, Test’s Information and Additional Information. Please be
noted that the use of this source may require access to your device and/or its
capabilities and therefore such access is subject to your prior explicit
consent and permission, as specified in Section 13.7 below.
1.3.3.
Voluntary sharing of information by
You – from this source, No information
related to the service is stored on user device.
1.3.4.
Automatic collection of information
performed by the App – from this source, no data is collected automatically.
Please be noted that there is no
legal obligation for You to provide AIDG with any information and its provision
is subject to your free will and consent, but failure to provide such
information may lead to the failure of the App and/or Services’ provision (in
whole or in part). In any case and at any time, You
can disconnect from the App and deleting your account, as specified in Section 13.1.3.2 above. You hereby waive and will
be prevented from raising any claim against AIDG and/or anyone on its behalf in
connection with collection of such information by AIDG and/or anyone on its behalf.
1.4.
How AIDG Uses the Collected
Information
AIDG may use the collected
information only for necessary and crucial usages required for the operation of
the App and provision of the Services as specified in this Section 13.4.
1.4.1.
In all Services (except Covid-19
Services)
1.4.1.1.
AIDG may use Personal
Demographic and Communication Information –
1.4.1.1.1.
to establish reliable communication
between You and AIDG and/or anyone on its behalf;
1.4.1.1.2.
to provide the Services in
accordance with your personal characteristics and preferences, such as adapting
the Services to your age, providing the Services at your place of residence and coordinating the provision of the Services
with your healthcare provider.
1.4.1.1.3.
to contact and update You
regarding Services and promotions offered by AIDG and/or anyone on its
behalf.
1.4.1.2.
AIDG may use Identification
Information –
1.4.1.2.1.
to ensure the correct
identification of You, including as required by law;
1.4.1.2.2.
to examine and ensure your
eligibility to use the App and receive the Services in accordance with the
Terms of Use and law;
1.4.1.2.3.
To attribute the provided Services,
including the Test’s Kit and/or Results, to You and for the usages specified in
Section 13.4.1.3 below.
1.4.1.3.
AIDG may use Medical Information
and Test’s Information –
1.4.1.3.1.
to provide the Services, including as required by law;
1.4.1.3.2.
to enable the correct and valid
performance of the Services, including the Test;
1.4.1.3.3.
to document the medical Services and
Results and report the Results as required by law and as specifies in Section 13.6.3.1.1 below).
1.4.1.3.4.
to provide You reliable and correct
Services, including Test results.
1.4.1.4.
AIDG does not collect or use Payment
Information.
1.4.1.5.
AIDG does not collect or use Additional
Information.
1.4.1.6.
AIDG does not collect or use Device
Information.
1.4.1.7.
AIDG does not collect or use Usage
Information.
1.4.1.8.
AIDG does not collect or use Information
from Cookies and other Technologies.
1.4.1.9.
AIDG may make general usages in
all information –
1.4.1.9.1.
to enable the necessary and crucial
operation of the App, including improving, enriching
and updating the App.
1.4.1.9.2.
to provide the Services, including
improving, enriching and updating the Services;
1.4.1.9.3.
to provide customer support,
including providing information that You request, responding to your messages,
comments, feedbacks and questions and updating You
regarding Services and promotions offered by AIDG and/or anyone on its
behalf.
1.4.1.9.4.
to share the information with third
parties as specified in and subject to the provisions of Section 13.6 below and in any case – in accordance with the law. Notwithstanding
the aforesaid and subject to the law, it is clarified that AIDG shall not share
Payment Information with any one for any reason, except in cases that such
information is directly required for making and/or documenting the User’s
payments to AIDG and only to recognized financial companies such as banks or
credit card companies.
1.4.1.9.5.
to aggregate and analyze
de-identified, non-personal information and/or statistical information for
research and development.
1.4.1.9.6.
to comply with the Terms of Use and
law and to respond to trust or safety issues.
1.4.1.9.7.
to make other usages subject to
specific notice prior to the collection of the relevant information.
Without derogating from the other
provisions of the Terms of Use and Section 13.1.3.1 above, You are hereby declare that
You fully agree to the Provisions of this Section 13.4 regarding the various usages AIDG
may make with the aforesaid
information. If You do not agree, You thereby requested to immediately cease
any use of the App.
1.4.2.
In Services Related to Covid-19
AIDG may access and/or use the
information as specified in Section 13.4.1 in the following limited manners:
To access such information only as directly required to support the public health
emergency;
1.4.2.1.
To use such information only to directly
support Covid-19 related efforts and/or epidemiological research.
1.5.
How AIDG Stores the Collected
Information and For How Long
1.5.1.
Any information (as defined in the Protection of
Privacy Law, 1981), that will be provided to AIDG and/or collected by AIDG and
which AIDG will keep, shall be stored in registered databases of AIDG and/or of
anyone on its behalf in accordance with
the Privacy Policy and law, including the Protection of Privacy Law, 1981
and relevant regulations.
1.5.2.
The stored information will be stored, as
aforesaid, only for the time required and as reasonable for the purposes for
which the information was collected or until AIDG receives an express request
from You for deletion and in any case – as required by law by clicking “Delete
Account” from within the App Settings.
1.5.3.
Please note that at any time, You
can disconnect from the App and deleting the User’s account (including removing
yourself from the databases), as specified in Section 13.1.3.2 above, though it may lead to the
failure of the App and/or Services’ provision (in whole or in part). You hereby
waive and will be prevented from raising any claim against AIDG and/or anyone on
its behalf in connection with the withholding or not-withholding of such
information on the databases.
1.6.
How AIDG Shares the Collected
Information
AIDG does not share or transfer the
information to third parties apart from these cases:
1.6.1.
AIDG’s Services Providers
1.6.1.1.
AIDG may share with or transfer the
collected information to AIDG’s Services providers for the purpose of providing
the Services on its behalf.
1.6.1.2.
It is clarified that AIDG will
ensure that its Services providers with whom it will share or to whom it will transfer
the information impose the same (or in any event no inferior) means of
protection for the information.
1.6.2.
As Required by Law and/or Similar
Purposes
1.6.2.1.
AIDG may share with or transfer the
information to third parties in any of the following cases:
1.6.2.1.1.
In case AIDG is required by law to
share or transfer such information. For example, in accordance with the
reporting obligation under the provisions of Regulations 65 and 66 of the
Public Health (Medical Laboratories) Regulations, 1977, in the event of a
positive Result or suspicion of a positive Result, AIDG is required to report
the Result to the Israeli Ministry of Health and/or the Central Virus
Laboratory and/or any other body or entity in accordance with the law. Without derogating from anything to the
contrary in the Privacy Policy, You are hereby explicitly
acknowledge that You are aware of the aforementioned obligation to report
to the applicable authorities, and specifically grants your consent thereto.
1.6.2.1.2.
In case of an order by the court or
applicable authority directing AIDG to disclose information to third parties.
1.6.2.1.3.
In case You and/or anyone on your
behalf violate or attempt to violate the provisions of the Terms of Use and/or
law.
1.6.2.1.4.
In case of any dispute, claim,
lawsuit, demand and/or legal proceedings which may be conducted between You
and/or anyone on your behalf and AIDG and/or anyone on its behalf.
1.6.2.1.5.
In case where AIDG deems that
providing the information is necessary in order to
prevent serious damage to the property and/or bodily injury of AIDG, yourself
and/or third parties.
1.6.3.
Transfer
of Rights
1.6.3.1.
AIDG may share with or transfer the
information to third parties in case AIDG transfers and/or assigns its
activities (in whole or in part) and/or its rights and/or obligations (in whole
or in part) to third parties, provided that the third parties undertake to
comply with the provisions or the Terms of Use.
1.6.4.
Additional Purposes
1.6.4.1.
AIDG may share with or transfer the
information to third parties, for any purpose, in any of the following cases:
1.6.4.1.1.
In case that the shared or transferred
information does not directly identify You by your name and/or identity,
subject to the provision of Section 13.4.1.9.4 above with respect to limited use
that AIDG may make of Payment Information.
1.6.4.1.2.
In case You provide your own prior
requirement or consent for such share or transfer.
1.7.
Accesses and App’s
Permissions
As already mentioned in Sections 13.3 and 13.4 above, AIDG may collect
information from various sources, some of which require us to access your
device and/or its capabilities and therefore such access is subject to your
prior explicit consent and permission, as follows:
1.7.1.
SSID/BSSID From Access Wifi State (no such information is currently
being collected).
1.7.2.
Files in Media and Shared Stored
Directories From Write External Storage (no such information is currently
being collected).
1.7.3.
Audio From Record Audio (no such information is currently
being collected).
1.7.4.
Camera From Camera –
1.7.4.1.
The App may access to your device’s
camera for taking photos of the User’s face, the Test’s kit and the Test, as well as videos (non-audible) of the
Test’s performance (“Camera Access“). Camera Access is subject
to the receipt of your permission via a pop-up permission-message during the
registration to the App.
1.7.4.2.
The
Camera Access is required for taking photos and videos with no audio accordingly
and may be established during the registration and each time the Use of a
camera is required.
1.7.4.3.
All Camera Access’s information
above is being collected by the App and being stored on AIDG database in
accordance to the provisions of the Terms of Use.
Please be noted that – (1) You have
no obligation to provide the aforesaid consents and/or permissions; (2) You
can, at any time, revoke the aforesaid consents and/or permissions by deleting
the User’s account and all information related to it by clicking on the “Delete
Account” button in the App’s Settings menu or by contacting AIDG via
email: service@aidgenomics.com. However, failure to provide the
required consents and/or permissions or revoking them may lead to the failure
of the App and/or Services’ provision (in whole or in part).
1.8.
Information Security
1.8.1.
AIDG takes reasonable measures to
maintain the security of the information that is being provided to AIDG and/or
collected by AIDG, and which AIDG keeps, in accordance with the Privacy Policy
and law. In this context, AIDG –
1.8.1.1.
embodies and implements information
security systems and procedures, taking common precautions and using
advanced security technologies, to protect the confidentiality of the
information and to prevent unauthorized access.
1.8.1.2.
takes ongoing measures to update
and renew its security systems and procedures in accordance with the
law.
1.8.2.
However, AIDG hereby clarifies that
it does not commit that the App will be operated properly, without any
interruption and/or that the App and/or information collected and/or provided to
AIDG as aforesaid will be completely immune from unauthorized access and/or
intrusion into the AIDG’s and/or any one on its behalf’s databases. Thereby,
You declare that You aware and agree that AIDG will not be liable for any
damage and/or loss, direct or indirect, caused as a result of the aforesaid in
relation to information security, including invasion of privacy.
2.
Disclaimers, Limited Liability and Indemnification
Notwithstanding anything elsewhere
in the Terms of Use –
2.1.
The User’s use of the App and/or
Services is at the User’s own risk.
2.2.
The App and the Services are
provided on an “As-Is” and “As available” basis.
2.3.
To the
fullest extent possible under any applicable law, AIDG makes no representation
or warranty as to the accuracy, reliability completeness and/or usefulness of
information and/or Services or other warranty of any kind, including any
implied warranty of quality, merchantability, fitness for a particular purpose,
or non-infringement. Without derogating from the aforesaid –
2.3.1.
AIDG does not warrant that –
(a) the App will meet the User’s expectations or requirements; (b) the Services
and/or contents contained in the App shall be provided without interruption or
errors, and it reserves the right to terminate the availability of the App
and/or Services, at any time, at its sole discretion and without prior notice;
(c) subject to the provisions of the applicable law, the App shall
be immune from unauthorized access to AIDG’s and/or any one on its
behalf’s computers and/or servers and/or from malfunctions, accidents and/or
failures in the hardware, software and/or any other communication system of
AIDG and/or anyone acting on its behalf. It is clarified that AIDG may
change (including expand or reduce) the App’s and/or the Services’
characteristics, at its sole discretion without giving any notice thereof.
2.3.2.
Different variables beyond the
control of AIDG may lead to a Result that is not fully accurate. For
example, when the Test is taken at a very early stage of infection, not
performed as required by the manufacturer, and other general margins
of errors when providing the Services. Therefore, as it is customary in
this field of operation, AIDG does not warrant that the Result is fully
accurate. As part of the actions taken by AIDG to ensure the accuracy of the
Result, in some cases the Test may be performed several times, thus reducing
the probability of an inaccurate Results. In any case, if You bear well-founded
suspicions of inaccuracy in your Result, please report to us by email to: service@aidgenomics.com.
2.3.3.
AIDG may change any aspect relating
to the App and/or Services, without notice. Such change will be made, inter
alia, taking into account the dynamic nature of
the Internet and the technological changes and/or other relevant changes. By
their nature, such change may involve malfunctions or initially cause
discomfort. The User represents that he will not have any claim against AIDG
and/or any one on its behalf in respect of any such change, malfunction or
discomfort that may occur in the course of and/or
as a result of such change or its implementation.
2.3.4.
AIDG takes various security
measures in order to maintain the privacy of the Users
and the information provided on the App. However, the App may be exposed to security
breaches or intrusions into its servers. Using of the App releases AIDG and/or
anyone on its behalf from any liability for any damage caused to the User and/or
anyone on his behalf due to misuse made on the App, including security breaches
or intrusion into the App’s servers. Therefore, AIDG recommends the Users to
take appropriate measures regarding data security, including installing
security software, detecting and reporting
abnormalities etc.
2.4.
Without prejudice to the rights and
remedies available to AIDG under any law or agreement, AIDG may suspend or
block, either temporarily or permanently, the access to the App and/or the
Service, at its sole discretion, in the following cases: (a) committing or attempting to commit an
illegal act or an act contrary to the provisions of the Terms of Use; (b) providing
incorrect information at the time of registration or thereafter; (c) committing
any act or omission that may harm AIDG and/or any one on its behalf, including interfering
the proper operation of the App or computer systems or infringing intellectual
property rights. The User shall have no claim or demand against AIDG and/or any
one on its behalf in relation to the aforesaid cases.
2.5.
In no
event shall AIDG be liable to any party for any direct, indirect, incidental,
special, consequential, exemplary or punitive damages arising out of the use of
the App and/or Services and/or of the reliance upon any information or material
contained in or accessed to via the App and/or the Services, or any other
hyperlinked website or page, weather uploaded by AIDG or by any other party,
including, damages arising from loss of profits, business interruption, or loss
of data, even if AIDG is expressly advised about the possibility of such
damages, to the fullest extent allowable by law. The use of the App and/or the
Services is at the sole risk of the User. Under no circumstances shall AIDG
and/or any of its directors, officers, employees, distributors, agents or any
one on its behalf be liable for any direct or indirect losses and/or damages
arising out of and/or in connection with the access, use, or inability to use
the App and/or the Services and/or the reliance on any information contained in
or accessed to via the App and/or the Services. Without derogating from the aforesaid,
AIDG and/or any one on its behalf shall not be liable in any way for possible
errors or omissions in the contents contained in or accessed to via the App
and/or the Services. To the fullest extent possible under any applicable law,
this limitation of liability shall apply to all losses and damages of any kind
whatsoever, whether direct or indirect, general, special, incidental,
consequential, exemplary, punitive and/or otherwise, including without limitation,
loss of data, revenue or profits. This limitation of
liability applies whether the alleged liability is based on contract,
negligence, tort, strict liability and/or any other basis and even if an
authorized representative of AIDG has been advised of and/or should have known
of the possibility of such damages. The User will not have any claim,
demand and/or cause of action against AIDG and/or anyone on its behalf in
connection with the App and/or the Services, including the availability of its
contents, malfunctions and results of its use, and to the extent that the User have
or may have any such claim, demand and/or cause of action, whether known or to
be known in the future, the User waives it irrevocably.
2.6.
The User
hereby undertakes to compensate and indemnify AIDG and/or any one
on its behalf, upon first claim, for any damage, loss, liability, cost and/or
expense, including attorney’s fees and legal expenses incurred by any of them,
as a result of using the App and/or the Services by the User and/or by any one
on its behalf, including in respect of any claim, demand or cause of action of
a third party arising out any of the User’s acts or omissions. AIDG reserves
the right to assume the sole protection and control of any legal process in any
such matter. Such AIDG right will not relieve the User of his compensation or
indemnification obligations in any case, and the User undertakes to fully
cooperate with AIDG and/or anyone on its behalf for this purpose, including by
providing information and materials related to the User. The User agrees
not to reach any settlement in any matter related to his compensation or
indemnification obligations, as set forth above, without the express prior written
consent of AIDG.
3.
Miscellaneous
Any matter related, either directly
or indirectly, to the App and/or the Services, including any dispute,
controversy or legal proceeding related to the Terms of Use, shall be governed
solely by the laws of the State of Israel. The exclusive place of jurisdiction
for any such matter shall be vested in the competent courts in the Tel
Aviv-Yafo district.
3.1.
In this
Terms of Use, the term “including” shall, unless otherwise mentioned, mean –
including, but not limited to the events, circumstances, persons, or other
instances mentioned immediately after the term “including”.
3.2.
The Terms of Use constitute the
full legal contract between You and AIDG in relation to your use of the App.
3.3.
AIDG may transfer and/or assign its
rights and/or obligations under the Terms of Use at any time to any third
party without any consent of the User. Nevertheless, at any time, it is at
the User discretion whether to disconnect from the App and/or Services, as
specified in Section 2.1 above.
3.4.
For the convenience of
the Users, AIDG operates in the Hebrew language.
3.5.
If it is determined that any part
of the Terms of Use is invalid, or unenforceable, then the terms whose validity
has been revoked or unenforceable will be deemed to have been replaced by valid
and enforceable terms whose content conforms to the original terms, while the
other Terms of Use shall remain in full force and effect, as written.
3.6.
Any delay or abstention by AIDG
from exercising or enforcing its rights under the Terms of Use shall never be
deemed as a waiver or as a preclusion on its part from exercising its rights in
the future, and AIDG may exercise its rights, in whole or in part, whenever it
deems proper to do so, unless otherwise agreed by AIDG in writing.
If You have any questions regarding
the Terms of Use, please feel free to contact us by sending an email to: service@aidgenomics.com.
AIDG wishes You a pleasant and useful use of the App.