Effective Date: 14th of March, 2023
AIDG App
Terms of Use & Privacy Policy
1.
General
1.1.
Welcome to the AIDG App on behalf 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 limited to, identifying the Covid-19 virus ("App").
The App serves as an additional and complementary means to facilitate AIDG’s health
and wellbeing services to the general public. For more information about the App’s
Services (as defined in Section 6 below), please see Section 6 below.
1.2.
The purpose of these Terms of Use,
which include, as an integral part, the Privacy Policy and the Services
Agreement ("Terms of Use", "Privacy Policy"
and "Services Agreement" respectively) is to regulate the
relationship between AIDG and any person, corporation or other entity that may
or will use the App (“User” or "You"). Any use of
the App is subject to the Terms of Use as they may be updated from time to time
(as specified in Section 2 below), and be available for
review within the App and on AIDG’s website at: https://aidg.co.il/en/app/terms.
1.3.
In this Terms of Use: (a) the
headings of the sections are intended for convenience only and should not be
used for the interpretation of this Terms of Use; (b) everything said in the
masculine language shall have the same meaning in the feminine language and vice
versa; everything said in singular shall have the same meaning in plural
and vice versa; except if it contradicts the subject or content of the
text or that the context requires a different interpretation.
1.4.
For further clarifications
regarding the App and the Services, please contact us by email: service@aidgenomics.com.
2.
Changes to the Terms of Use, App
and Services
Without
derogating from anything to the contrary hereof, AIDG reserves the right, at its
sole discretion, to –
2.1.
update and/or modify the Terms of
Use from time to time and without any prior notice, and these updated and/or
modified terms will be in effect from the moment they are made public. In the
event that the Terms of Use will be updated and/or modified, the Users will be
notified accordingly. The User shall not be required to re-approve the Terms of
Use following such update and/or modification, though the User 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.
2.2.
terminate the activity of the App,
in whole or in part, at any time, or change the structure, appearance and
design of the App and/or Services, the scope and availability of the
Services and/or any other aspect involved in the App for the
purpose of maintenance or for any other purpose or reason. Such termination
shall not require prior notice or reasoning whatsoever. Such changes may involve
malfunctions and inconveniences and You will not have any claim, demand or
cause of action against AIDG and/or anyone on its behalf for stopping any such
activity, for making any such change and/or for any such malfunction that occur
because or during the course of the above actions.
3.
Conditional Use on the User’s
Consent
3.1.
As You enter the App and before
performing any actions through it or making any use of the App and/or Services,
You are hereby requested to carefully read
these Terms of Use.
3.2.
It is clarified that entering the
App and registering to the App and/or Services Agreement and/or using the App constitutes and expresses your consent to
the Terms of Use and by doing so You declare that You have read and understand,
are aware of and fully agree with the Terms of Use and to act in
accordance with them without any limitation or reservation. If
You do not agree to the Terms of Use (in whole or in part) or You are not
eligible under Section 4.1 below, then any use of the App is not permitted and You are
thereby requested to immediately cease any use of the App.
4.
Eligibility, Intended Use and Registration
4.1.1.
Person who is adult (18+), legally
capable of executing legal binding actions, and is registered to the App as a
User, as required in Section 4.2 below.
4.1.2.
Person who is a minor or is not
legally allowed to perform legal actions is not permitted to use the App,
except under the personal-direct supervision and sole responsibility of the
person’s legal custodian or guardian and only subject to fulfilling the
following aggregated prerequisites, and
in any case as required and/or allowed by law: (a) issuing an approval of the
person’s legal custodian or guardian based on an explicit consent of the
custodian or a guardian to the Terms of Use and the use of the App; and (b) registering
to the App as a User of the App, as required in Section 4.2 below; and (b) using the App under
the personal and direct supervision of the person’s legal custodian or guardian
and under his sole responsibility as if the person’s legal custodian or
guardian is the User. For the avoidance of any doubt and without derogating
from the aforesaid, any independent use of the App by person who is a minor or
is not legally allowed to perform legal actions is strictly prohibited.
4.2.
Use of the App may be conditional
on registration. If registration is required, then You are required to register
to the App in accordance with the App’s registration guidance. The App’s
registration guidance may vary depending on the Service and/or how the Service
is provided and/or how the App is used. Without derogating from Section 2 above, it is clarified that AIDG
reserves the right to change, at its sole discretion and at any time, the
method of registration to the App.
5.
User’s Warranties and Restrictions
You declare, warrants and agree that
–
5.1.
You are competent to perform
binding legal actions. In case that the User is a minor or is not legally
allowed to perform legal actions (as specified in Section 4.1.2 above) You – the User’s legal
custodian or guardian – declares and
warrants that: (a) You are competent to perform binding legal actions; and (b) You
are the User’s legal custodian or guardian; and (c) You and the User fulfill
all prerequisites and requirements with relation to the eligibility to use the
App and all other provisions of the Terms of Use and law; and (d) You solely
bear full responsibility for the usage of the App and/or Services by the minor
or the person for whom You are the custodian or guardian, for the compliance of
the Terms of Use and law by the minor or the person for whom You are the
custodian or guardian as if You are the User (with all that implies) and for
any action and/or omission made by the minor or the person for whom You are the
custodian or guardian, including any damage and/or loss, and/or expense, direct
or indirect, caused as a result of the aforesaid usage and/or compliance and/or
action and/or omission. You hereby waive and will be prevented from raising any
claim against AIDG and/or any one on its behalf in connection with the
aforesaid.
5.2.
You will not do and will not allow
others to do any of the following:
5.2.1.
To display content from the App or
the Services in any way that changes the design of the App or the Services or
omits any content, including advertisements or commercial.
5.2.2.
To use the App or the Services in a
manner that could harm the App or the Services, the contents therein or
interfere with the use of the App or the Services by any other party.
5.2.3.
To use the names or trademarks
(whether registered or not) displayed on the App or the Services, copying,
re-editing or publishing content appearing on the App or the Services, all
without the express prior written consent of AIDG and/or its rights holders, as
the case may be.
5.2.4.
To operate any computer application
or any other means, for the purpose of searching, scanning, copying,
duplicating or automatically retrieving content and/or to make unauthorized use
of the App or the Services and/or to make any transmission or transfer of
content from the App.
5.2.5.
To use the App in excess of the
Intended Use or for purpose prohibited by the Terms of Use or Law, including for
commercial purposes.
5.2.6.
To create or distribute viruses,
hostile software or any other means that may harm, destroy, interfere with, or
restrict the use of the App or the Services, computer systems, servers,
hardware or software of AIDG or any third party.
5.2.7.
To distribute “spam” or any use
intended to track or harass another person or entity in any way.
5.2.8.
To make any action, directly or
indirectly, that is contrary to the provisions of the Terms of Use or law, or
that has the effect of violating the rights of third parties.
5.2.9.
Except in cases where it has been
expressly permitted to so in these Terms of Use, all information provided by
You (including for any other Users) –
5.2.9.1.
is correct, accurate, updated and
current. In case of a change in the information provided by You, You will immediately re-register to the App in the manner
described in Section 4.2 above.
5.2.9.2.
will not be used on the App using a
false identity or fictitious identity (pseudonym) or impersonating another.
5.2.9.3.
is provided in your own name and
for yourself only and not on behalf of and/or for any third party.
5.2.9.4.
is not related to or subject to the
rights of another person and/or entity.
In the event that You believe that
the information You provided has been used in an unauthorized manner or in
violation of the Terms of Use or law, You shall report it immediately by
contacting AIDG Customer Service at the email address: service@aidgenomics.com.
5.2.10.
The App may access, collect, use,
store and share information related to You in accordance with the Privacy
Policy. Please be noted that there is no legal obligation 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).
5.2.11.
You are solely responsible for all
actions taken or will be taken within the App and/or related to it or to the
Services under your account and You shall keep Your account information
secured. Without derogating from Section 14 below, AIDG will not be liable for
any damage or loss caused by any unauthorized use of your account.
6.1.
As already mentioned, the
App is an additional and complementary mean to facilitate AIDG’s services
with relation to various health and disease conditions, including Covid-19
virus and other health states identified by microbiology and virology testing,
consultation with professional care and scheduling physician prescribed
treatments, to the general public.
6.2.
The App’s Services offered to the
User are based on three main services: Consultation with professional
care, and coordination of prescribed tests or treatments, sample collection of
biological tissue in case of required diagnostic services, and publication of the result to the User (“Test”
and “Result” respectively), as well as any information contained within
the App and/or its features and/or which may be obtained otherwise and all
additional and/or ancillary services specified in these Terms of Use and/or in
the App (“Services”). Without derogating from Section 2 above, all Services’ provision is
subject to the availability of the Services at the requested time and
place.
6.3.
The sample collection Services
are provided through a –
6.3.1.
prior coordination of arrival at
AIDG’s laboratories or AIDG’s sampling points or AIDG’s collection points for
self-testing kits; or
6.3.2.
prior coordination of arrival of a medical
professional to the residence of the User;
at the choice of the User.
6.4.
The User can select on the App
and/or through the service center time slot requested by him to perform the Test
according to the available time slots that will be displayed on the App and/or
offered to him by telephone by the service center (“Time Slot“).
The User may change the Time Slot via the App and/or the service
center, provided that the Time Slot is changed no later than fourteen (14)
days from the date of ordering the Services and at least two working days in
advance, before the Time Slot. Please contact the service center by email:
service@aidgenomics.com.
6.5.
It is the responsibility of
the User to be at the address provided by him when ordering the Services (“User
Address“)
for the entire Time Slot. In the event that the User has ordered the Services
for additional Users, it is the responsibility of the User that ordered
the Services to ensure the presence of all the other Users at the User’s
Address during the Time Slot. In the event that a Test ordered was not
performed due to the absence of a User and/or any of the other Users
during the Time Slot, the payment for the ordered Service that was not
performed due to such absence will not be refunded.
6.6.
As a prerequisite for the
provision of some Services, the User is required to follow legal procedures and
protocols, including personal identification, consent to perform the Services,
medical questionnaire, waiver of confidentiality etc. as guided by the App or
AIDG.
6.8.
For the benefit of providing the
Services, AIDG also operates via professional representatives,
suppliers and subcontractors and other services providers, including certified
laboratories authorized by the Israeli Ministry of Health to perform diagnostic
Tests and recognized medical organizations, such as the Rescue Union
Organization.
6.9.
AIDG does not undertake
to adjust the Services in general, and the Result in particular, both
during the Time Slot and at any time thereafter, for any particular purpose or
target. [please also see the Hebrew translation
in lab terms section 4.11 and decide)
6.10.
A notification on receipt of the Result
will be made by Customer Service and/or by email and/or text message to the
User’s mobile phone. The Result can be accessed via the App. When the Result is
delivered by a medical professional it is the User’s responsibility to make
sure that the Time Slot and schedules for testing and receiving the said Result
suit his needs.
6.11.
It is clarified that there may be
delays in delivering Test Results depending on, inter alia, the
workload at the laboratories and as per national needs as determined by
the Israeli Ministry of Health from time to time.
6.12.
It is also clarified that in
accordance with AIDG’s obligations by law and as specified in the Privacy
Policy, AIDG may be obliged to make use and/or share information related to the
User and/or any one on his behalf, including in relation to the Test and/or
Result, to third parties. 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 obliged 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 Section 3 above, the User hereby explicitly
acknowledge that he is aware of the aforementioned
obligation to report to the applicable authorities, and specifically
grants his consent thereto.
7.
Purchasing the Services
7.1.
AIDG allows the Users to purchase
the Services available on the App by paying the service fee, and subject
to the Terms of Use and the terms of transaction which are indicated next to
each Service (“Transaction“). All amounts
listed on the App are denominated in Israeli Currency – NIS – included VAT,
unless expressly stated otherwise.
7.2.
Unless otherwise agreed by AIDG,
all payments for Services shall be paid in advance by the User or by
presenting a valid coupon discount and/or valid service free voucher.
7.3.
Without derogating from Section 2 above, AIDG may, from time to time
and at its sole discretion, update the terms of the Transaction, add or remove
details, remove products and/or Services that are out of stock or not available
for any reason or update and/or change the Services’ prices.
7.4.
You can pay with a valid credit
card that can be cleared via any of the credit card companies that cooperate
with AIDG and operate legally in Israel. To do this, enter the credit card
details and the payer’s related details in the appropriate space provided
for in the App. After entering the required details and sending them, You will receive a confirmation stating that the payment
details have been entered on the App. Only after the credit card information
validation has been completed and the receipt of the credit card company’s
approval to make the payment, shall the Transaction be considered executable.
For the avoidance of any doubt, it is clarified that sending a credit card
company’s approval does not constitute evidence of the Transaction’s execution
and does not legally bind AIDG. AIDG’s records, in connection with the actions
performed on the App, will constitute prima facie evidence of what
is stated in them.
7.5.
In order for AIDG to be able to
provide the ordered Services, the order must be properly received and recorded,
containing all the correct details required to place the order, including a
valid confirmation of payment. If the You receive a notification regarding
incorrect details in your order or a notification regarding a malfunction or
error that occurred while making the Transaction or entering its related
details, please contact AIDG immediately by sending an email to: service@aidgenomics.com.
AIDG and/or anyone on its behalf will not be held liable for any result
deriving from incorrect specifications, error or malfunction in the
receipt of the order.
7.6.
In the event that AIDG and/or
anyone on its behalf arrives at the User Address based on incorrect information
provided by the User, AIDG may not refund the payment for the ordered Service that
was not performed due to such incorrect information and may charge the User an
additional fee for having to coordinate and re-perform the Service.
7.7.
AIDG reserves the right to restrict
and/or limit the Services which can be purchased with any order.
7.8.
Without derogating from Section 14 below, the images describing the
various Services on the App are for illustration purposes only and should not
be relied upon. There may be errors or discrepancies between the images and the
various Services ordered which are due, among other things, to the fact that
the products and/or Services are photographed and displayed on a digital screen.
Nothing stated on the App and the information contained therein constitutes an
offer, solicitation or advice for the purchase of a service and/or product
and/or for the performance of any actions.
8.
Cancelling a Transaction
8.1.
Cancellation of a Transaction must
be made no later than twenty-four (24) hours before the Test. Notice of
cancellation of the Transaction must be made by email to: service@aidgenomics.com
and in accordance with the relevant Terms of Use terms, subject to the
provisions of the law regarding cancellation of transactions, including the
Consumer Protection Law, 1981. In case the Transaction was cancelled
by the User in accordance with the Terms of Use, AIDG will credit the credit
card through which the Transaction was made.
8.2.
Without prejudice to any of the provisions
of the Terms of Use, in any of the cases set forth below, AIDG may, without it
being interpreted as assuming any liability, cancel the Transaction (in whole
or in part) and/or refund the User for the Transaction or cancel the charge in
the credit card through which the Transaction was made:
8.2.1.
In case of a good faith error in
any of the information specified on the App regarding the Service, including
the price of the specific Service or a description on the basis of which the
Transaction was made.
8.2.2.
In case of a downtime or
malfunction in the normal operation of the App due to force majeure, and/or due
to a case of a material malfunction in the computer system or other
communication systems serving AIDG, and/or in any other case in which factors
and/or events beyond AIDG’s control of the proper operation of the App, the
completion of the ordering process or the delivery of the products and/or Services.
8.2.3.
In case that the User fails to meet
one or more of his obligations, including the obligation to pay the
consideration for the Service he purchased and/or in any case where the Service
providers provided incorrect and/or inaccurate and/or imperfect details, such
as in case of non-approval of the Transaction by the credit card company.
8.2.4.
In case that after termination of a
Transaction it has been discovered that the Service cannot be provided for any
reason.
Any action that has been canceled
as aforesaid will not entitle the User to any remedy and the User will not have
any claims against AIDG as a result thereof.
8.3.
The User may, at any time, contact
AIDG by sending an email to: service@aidgenomics.com requesting that AIDG blocks
the authorizations to charge his credit card on the App, as a result of any
reason.
9.
Promotions and Benefits
9.1.
The App will be updated from time
to time with information about promotions and benefits. The User may be allowed
to participate in such promotions and benefits. Participation in promotions and
use of benefits are subject to the relevant promotion regulations or conditions
to be determined at the sole discretion of AIDG and subject to the applicable
law.
9.2.
It is clarified that, in any event,
the ability to take advantage of the promotions and benefits is subject to the
existing and available inventory of AIDG. The User 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 using and/or inability to use any promotions and/or
benefits.
10.
Intellectual Property, Limited
License and Feedback
10.1.
All rights of any kind, including
intellectual property rights, on the App and/or related to the Services, in
content, designs, applications, tools and other components on the App and/or
related to the Services, as well as in any intellectual property rights
including Patents, copyrights, designs, trade secrets and trademarks,
applications for registration of these rights and/or any invention,
improvement, innovation, development, discovery, alteration, or creation
related to the App and/or the Services (“Intellectual Property Rights“)
are the property of AIDG.
“Content” means any
information of any kind, including (but not limited to) any document, record,
image, photograph, illustration, animation, chart, character, video, audio file,
software, file, computer code, application, format, Protocol, database, user
interfaces, as well as any character, sign, symbol, and icon, and all of them
in any media or format whatsoever.
10.2.
AIDG hereby grants You a limited,
revocable, non- exclusive and non- transferable or assignable license, to make
use of the App and/or Services for the sole purpose of the Intended Use and in
accordance with the explicit provisions of the Terms of Use and law. Beyond
what is explicitly granted, AIDG does not grant or waive any right or license,
express or implied, in connection with the App and/or the Services, the Content
and the Intellectual Property Rights.
10.3.
To the
extent that the User sends to AIDG feedback and/or recommendations and/or
objections regarding the App and/or the Services (“User Notices“), AIDG shall own the exclusive
proprietary rights on the User Notices, and may use them at its sole discretion
without having to pay or compensate the User in any way for the User Notices. In addition, it is clarified
that the User Notices are not confidential, and AIDG will not bear confidential
duties regarding them.
11.
Notice and Removal
11.1.
AIDG reserves the right to remove content
from the App which, according to third parties, infringes their intellectual
property rights and/or other rights.
11.2.
If You believe that any content
appearing on the App violates your rights, or that of a third party, or
violates any other provision of the Terms of Use, please email to: app@aidg.com
and indicate the following details: (a) your full details and details how to
get in contact with You (full name, address, mobile phone, email); (b) an
accurate identification of the content that You claim is infringing and a
detailed explanation in what way it is infringing; and (c) your signed
statement that to the best of your knowledge the information You provide is
complete and correct.
12.
Links, publications and Third
Parties’ Contents
12.1.
The App may contain links to
various pages and sites on the Internet that are not managed and/or operated
and/or controlled by AIDG and/or anyone on its behalf. The content
contained in the links is not published by or on behalf of AIDG and AIDG does
not control or monitor it, and the fact that AIDG links to these content does
not indicate its acceptance of the content and does not constitute a guarantee
of its reliability, being up to date or legality. AIDG is not responsible
for such content and will not bear any responsibility for any damage caused to You
and/or any third party as a result of its use and/or reliance on it. The use of
these pages and websites is subject to the terms of use and privacy policies
that appear on them, and not to the Terms of Use and Privacy Policy of AIDG and
is done at your own risk. AIDG encourages You to exercise discretion and
carefully review the terms of use and privacy policy of any such page or site.
12.2.
The App may contain commercial
information submitted for publication on behalf of various advertisers. Such
advertising does not constitute a recommendation or encouragement to purchase any
service, asset or product offered in the advertisements. AIDG and/or anyone
acting on its behalf will not bear any responsibility for the content of the
commercial information as stated above and any transaction made following an
advertisement or information published on the site and such transaction will be
concluded directly between You and the advertiser concerned.
13.
Privacy Policy
13.1.
General
13.1.1.
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.
13.1.2.
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.
13.1.3.
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 –
13.1.3.1.
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.
13.1.3.2.
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.
13.1.3.3.
All terms used in the Privacy
Policy shall have the meaning attributed to them in the Terms of Use, unless
explicitly provided otherwise.
13.1.4.
The “Effective Date” of this
Privacy Policy is that of the Terms of Use.
13.1.5.
The App fully
complies with the Israeli law, regulations and rules regarding privacy.
13.1.6.
For further clarifications
regarding the Privacy Policy, please contact us by email: service@aidgenomics.com
13.2.
What Information AIDG Collects
13.2.1.
Information You Provide to AIDG
13.2.1.1.
“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.
13.2.1.2.
“Identification Information”
– full name; date of birth; ID number; facial image; copies of legal
identification documents (such as ID, passport and driving license);
13.2.1.3.
“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.
13.2.1.4.
“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.
13.2.1.5.
“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.
13.2.1.6.
“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.
13.2.2.
Information AIDG Collects from You
and Your Device
13.2.2.1.
“Device Information” – No
device information is being collected.
13.2.2.2.
“Usage Information” – No
usage information is being collected.
13.2.2.3.
“Information from Cookies and other
Technologies” – No information from cookies and other technologies is being collected.
13.3.
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:
13.3.1.
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.
13.3.2.
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.
13.3.3.
Voluntary sharing of information by
You – from this source, No information
related to the service is stored on user device.
13.3.4.
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.
13.4.
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.
13.4.1.
In all Services (except Covid-19
Services)
13.4.1.1.
AIDG may use Personal
Demographic and Communication Information –
13.4.1.1.1.
to establish reliable communication
between You and AIDG and/or anyone on its behalf;
13.4.1.1.2.
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.
13.4.1.1.3.
to contact and update You
regarding Services and promotions offered by AIDG and/or anyone on its
behalf.
13.4.1.2.
AIDG may use Identification
Information –
13.4.1.2.1.
to ensure the correct
identification of You, including as required by law;
13.4.1.2.2.
to examine and ensure your
eligibility to use the App and receive the Services in accordance with the
Terms of Use and law;
13.4.1.2.3.
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.
13.4.1.3.
AIDG may use Medical Information
and Test’s Information –
13.4.1.3.1.
to provide the Services, including as required by law;
13.4.1.3.2.
to enable the correct and valid
performance of the Services, including the Test;
13.4.1.3.3.
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).
13.4.1.3.4.
to provide You reliable and correct
Services, including Test results.
13.4.1.4.
AIDG does not collect or use Payment
Information.
13.4.1.5.
AIDG does not collect or use Additional
Information.
13.4.1.6.
AIDG does not collect or use Device
Information.
13.4.1.7.
AIDG does not collect or use Usage
Information.
13.4.1.8.
AIDG does not collect or use Information
from Cookies and other Technologies.
13.4.1.9.
AIDG may make general usages in
all information –
13.4.1.9.1.
to enable the necessary and crucial
operation of the App, including improving, enriching and updating the App.
13.4.1.9.2.
to provide the Services, including
improving, enriching and updating the Services;
13.4.1.9.3.
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.
13.4.1.9.4.
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.
13.4.1.9.5.
to aggregate and analyze
de-identified, non-personal information and/or statistical information for
research and development.
13.4.1.9.6.
to comply with the Terms of Use and
law and to respond to trust or safety issues.
13.4.1.9.7.
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.
13.4.2.
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;
13.4.2.1.
To use such information only to directly
support Covid-19 related efforts and/or epidemiological research.
13.5.
How AIDG Stores the Collected
Information and For How Long
13.5.1.
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.
13.5.2.
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.
13.5.3.
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.
13.6.
How AIDG Shares the Collected
Information
AIDG does not share or transfer the
information to third parties apart from these cases:
13.6.1.
AIDG’s Services Providers
13.6.1.1.
AIDG may share with or transfer the
collected information to AIDG’s Services providers for the purpose of providing
the Services on its behalf.
13.6.1.2.
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.
13.6.2.
As Required by Law and/or Similar
Purposes
13.6.2.1.
AIDG may share with or transfer the
information to third parties in any of the following cases:
13.6.2.1.1.
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.
13.6.2.1.2.
In case of an order by the court or
applicable authority directing AIDG to disclose information to third parties.
13.6.2.1.3.
In case You and/or anyone on your
behalf violate or attempt to violate the provisions of the Terms of Use and/or
law.
13.6.2.1.4.
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.
13.6.2.1.5.
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.
13.6.3.
Transfer
of Rights
13.6.3.1.
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.
13.6.4.
Additional Purposes
13.6.4.1.
AIDG may share with or transfer the
information to third parties, for any purpose, in any of the following cases:
13.6.4.1.1.
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.
13.6.4.1.2.
In case You provide your own prior
requirement or consent for such share or transfer.
13.7.
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:
13.7.1.
SSID/BSSID From Access Wifi State (no such information is currently
being collected).
13.7.2.
Files in Media and Shared Stored
Directories From Write External Storage (no such information is currently
being collected).
13.7.3.
Audio From Record Audio (no such information is currently
being collected).
13.7.4.
Camera From Camera –
13.7.4.1.
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.
13.7.4.2.
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.
13.7.4.3.
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).
13.8.
Information Security
13.8.1.
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 –
13.8.1.1.
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.
13.8.1.2.
takes ongoing measures to update
and renew its security systems and procedures in accordance with the
law.
13.8.2.
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.
14.
Disclaimers, Limited Liability and
Indemnification
Notwithstanding anything elsewhere
in the Terms of Use –
14.1.
The User’s use of the App and/or
Services is at the User’s own risk.
14.2.
The App and the Services are
provided on an "As-Is" and "As available" basis.
14.3.
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 –
14.3.1.
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.
14.3.2.
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.
14.3.3.
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.
14.3.4.
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.
14.4.
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.
14.5.
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.
14.6.
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.
15.
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.
15.1.
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”.
15.2.
The Terms of Use constitute the
full legal contract between You and AIDG in relation to your use of the App.
15.3.
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.
15.4.
For the convenience of
the Users, AIDG operates in the Hebrew language.
15.5.
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.
15.6.
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.