1. GENERAL TERMS AND CONDITIONS
Thank you for visiting the Evidencio website/app (the "Site" or "website"). Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, you may not use this website.
Throughout this site, the terms "we", "us", "our" and "Evidencio" refer to Evidencio BV, and any of its direct and indirect subsidiaries. "You" refers to any person accessing and/or using this website.
1.1 USE
In order to use the Site you must be at least 18 years old. If you are not at least 18 years old you may not use this Site.
Evidencio hereby gives You a personal, non-exclusive, non-transferable, free of charge right to access and use the Site (without any right of sub-license).
You undertake to and agree with Evidencio that You will:
Evidencio may at its own discretion offer varying features, functionalities and services, limit usage quotas, or impose particular usage conditions to/for users identified as, for example "anonymous users", "registered users", "subscription users", and "API-users".
1.2 CHANGES
We reserve the right to change, modify, add or remove these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms and Conditions. Please check these Terms and Conditions periodically for any modifications. The most current version of these Terms of Use can be viewed at any time at: https://www.evidencio.com/terms-conditions.
1.3 LINKS
The Site may contain links to third-party sites or resources. Evidencio is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Evidencio. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Evidencio. We grant a nonexclusive, limited permission ("Permission") to display the Trademarks contained in Evidencio domain names, brand names and logos to the owner(s) of any web sites ("Owner") that would like to develop a link between their site and the corresponding website owned by Evidencio ("Evidencio Site"). Links to an Evidencio Site other than the one using the Evidencio domain names, brand names or logos are not permitted. The materials on the Owner's site shall not imply any association with or relation to Evidencio or imply in any way that any materials from our Evidencio Site are maintained within Owner's web site.
No changes or modifications to the Evidencio domain names, brand names or logos may be made. Use of the Evidencio domain names, brand names or logos for purposes other than linking to the Evidencio Site is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Evidencio and its products. We retain and reserve all rights in and to Evidencio's trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Evidencio reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Evidencio trademarks, trade names, logos, copyrighted material or any other intellectual property of Evidencio for any purpose not stated herein is expressly forbidden.
1.4 LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
1.5 SYSTEMS RELIABILITY
Evidencio aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Evidencio shall not be liable for any lost, altered, or corrupted information or any damages related to non-availability of the Site.
1.6 PROHIBITED ACTIVITIES
You are prohibited from doing any act that Evidencio in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
1.7 DISCLAIMER OF WARRANTIES AND LIABILITY
Unless explicitly agreed upon otherwise, e.g. as part of a paid Evidencio Subscription agreement:
1.8 EXPORT RESTRICTIONS
Software from this Site may be further subject to Export laws, rules and regulations, as amended from time to time.
1.9 MOBILE SERVICES
If Evidencio permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet ("mobile device"), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively "Mobile Services"), your mobile carrier's standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Evidencio does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Evidencio via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may "opt out" of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
1.10 JURISDICTION AND GOVERNING LAW
The Evidencio products, services, materials, offers and information appearing on this Site are intended for users and/or customers worldwide. However Evidencio makes no representation that the products, services, and content of this website are appropriate or available in locations other than the Netherlands.
You and Evidencio agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the Netherlands, without giving effect to any choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the Netherlands.
2. USER CONTENT SUBMISSION GUIDELINES
We may allow you to comment on and participate in interactive features on our Site, e.g. our comments section, or in social communities owned by Evidencio. We may also allow you to submit content and materials for use on our Site via our online forms and features. For example, as a creator/editor of a calculator, formula or equation you may be able to submit text, calculation logic, code, photographs, messages, or videos. The things you post or submit for use on our Site are "User Content".
You agree to these submission guidelines ("Guidelines"), our full Terms and Conditions and any additional terms by submitting User Content.
2.1 ALL USER CONTENT SUBMITTED TO US
You agree that your User Content is accurate and complete. You also agree that:
2.2 USER CONTENT SUBMITTED FOR USE ON OUR SITE
2.3 USER CONTENT SUBMITTED FOR USE ON OUR SITE AS LICENSED CONTENT
2.4 USER CONTENT POSTED ON OUR COMMUNITIES
Our social media pages ("Communities") are for expressing opinions and creating discussions. We allow postings ("Community Content") on these pages following these guidelines. We ask that you play nice and be polite. While we encourage the sharing of your comments, photos, videos, and links, please understand that the Community Content posted to our Communities does not represent the opinions of Evidencio or its affiliates. Community Content that we feel are offensive, inappropriate or not otherwise keeping with the spirit of the page, such as advertising, spam, posts that reflect irresponsible practices, are off-topic, or contain vulgar language, posts that may violate the rights of others, or violate any social community's terms of use, may be removed. We also reserve the right to block users from posting content.
We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video, you are authorizing Evidencio to use, publish, and otherwise reproduce, modify and distribute Community Content with or without your name in perpetuity, worldwide in any and all Evidencio or Evidencio.com related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of Evidencio.com or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
2.5 CONTENT AND LIMITATIONS ON USE
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person's use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Evidencio server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
3. PRIVACY POLICY
Evidencio is committed to maintaining your confidence and trust with respect to the privacy of the personal information we collect from you. Please read our privacy policy (https://www.evidencio.com/privacy-policy) carefully to understand how we collect, use and share your personal information, and what your rights are regarding personal information on our Site.
4. COPYRIGHT INFRINGEMENT NOTIFICATION
Evidencio is committed to complying with Dutch and international copyright law and to respond to claims of copyright infringement. Evidencio will promptly process and investigate notices of alleged infringement and will take appropriate actions.
Notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
By Mail:
Evidencio
ATTN: Legal Department, Copyright Notices
Irenesingel 19, 7481GJ
Haaksbergen, the Netherlands
For your complaint to be valid, you must provide all of the following information when providing notice of the claimed copyright infringement:
You should be aware that, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
Last revised: June 15, 2021
Evidencio provides information, models, calculators, equations and algorithms (tools) intended for use by healthcare professionals. Some of these tools have been certified as CE-medical devices. For such CE-marked content the ‘Official Legal Disclaimer for CE-marked content’ applies. All other content and tools provided by Evidencio are explicitly only covered by the ‘Official Legal Disclaimer for non CE-marked content’ both are available below.
Please note: your use of the websites, applications, apps or services provided by Evidencio is subject to our Terms & Conditions
Evidencio provides certain CE-marked information, models, calculators, equations and algorithms (tools) on any of its websites, applications, apps or services. These tools may only be used in accordance with the intended purpose that has been published with the respective CE-marked tool.
In general, and unless explicitly stated otherwise, CE-marked tools on Evidencio are only to be used by physicians in a clinical setting, and are not for patient use.
The CE-marked content on the platform is to be regarded as a specific set of tools, apart from the general platform content. Any available content, on any of the websites, applications, apps or services provided by Evidencio that is not clearly labeled as a CE-marked tool is explicitly not covered by this disclaimer for CE-marked content, the general Evidencio Disclaimer for non CE-marked content applies.
CE-marked tools may provide limited professional advice to the intended user(s). However, the intended user must exercise their own clinical judgment as to the information these tools provide.
Evidencio does not assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any mis-use of any product, information, idea or instruction contained in the tools provided to you.
Last revised: May 20, 2020
Evidencio provides information, models, calculators, equations and algorithms (tools) intended for educational, training and information purposes. These tools must therefore not be used to support medical decision making, or to provide medical or diagnostic services. Individuals who use the tools do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.
The contents of the Evidencio Site, such as text, graphics and images are for informational purposes only. Evidencio does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
Evidencio explicitly does not warrant the accuracy of the information contained on this site.
Evidencio does not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our authors guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.
Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our authors assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
Last revised: June 15, 2021
Evidencio is committed to maintaining your confidence and trust with respect to the privacy of the personal information we collect from you. Please read this privacy policy carefully to understand how we collect, use and share your personal information.
1. ABOUT OUR PRIVACY POLICY
This privacy policy describes how the personal information that is collected when you visit the Site, application or product that posts a link to this privacy policy ("Service"), will be used by Evidencio BV, the company that owns the Service ("Evidencio," "we," "us" or "our"). This policy may be supplemented by additional privacy terms, data processing agreements or notices set forth on certain areas of the Service, or explicitly agreed upon between Evidencio and yourself or your employer.
2. INFORMATION WE COLLECT
The Service collects information from you in two ways: directly from your input and automatically through the Service's technologies.
2.1 General
Evidencio acts as a Data Controller (as defined in Data Protection Legislation) regarding your 'Personal Data'. We process the data that is necessary for the execution of the Agreement between you and Evidencio BV. By accepting our ‘Terms & Conditions’ this Agreement is executed.
The data that is processed is the information that is necessary to provide you with our Services.
The Service is available for Users aged 18 and older. Our Terms of Use prohibit under aged Users from accessing the Service. We do not market our services to under aged individuals.
2.2 Information we collect automatically
The Service automatically collects information on how you use the Service, such as:
We may use information that does not reveal your identity or permit direct association with any specific individual, such as browser and device information, anonymous usage data, and aggregated information, for any purpose, except where we are restricted by law. If we combine non-Personal Data with Personal Data, the combined information will be treated as Personal Data for as long as it remains combined.
We make very limited use of cookies. We use an ‘Evidencio Cookie’, to which you agree in our display a terms of service agreement modal, when you first visit the Service. This Evidencio Cookie is only used to set a unique session-ID, so that we can safely provide our Service, and your inputs don’t get mixed with information from other Users. You can control cookies through your browser's settings and other tools. However, if you block certain cookies, you may not be able to register, log in to the Services, access certain parts of the Services or make full use of the Services.
2.3 Information You Provide
The type of personal information you provide to us may vary, corresponding to the ‘role’ you have when interacting with the Service.
2.4 General Website and Service Use
When using the Service as a visitor without account, you may provide information to us by:
This data is linked to the IP address that is collected automatically.
2.5 Registered Users
In order to access certain content and to make use of additional functionality and features of the Service, we ask you to register for an account by:
In addition to the information you provide by your general use of the Service, you may provide us with:
2.6 Customers
Evidencio Customers, such as medical professionals, are also subject to the agreement as defined in the Paragraph ‘Registered Users’. They may be asked to provide additional information in order to fulfill the legal, administrative and financial obligations that need to be performed in the context of e.g. the use of Medical Devices as provided by the Service, such as:
If you choose to sign in and use the Service by using a third party account (e.g. your Hospital account), the authentication of your login is handled by the third party and the Service will collect your name, email address, and any other information about your third-party account that you agree to share with us at the time you give permission for your account on the Service to be linked to your third party account.
2.7 Organizations
Evidencio Services can be purchased by organizations. In the contract between Evidencio and the Organization, the Organization can determine the purposes for which and the means by which personal data is processed. In this scenario the Organization is the data controller and Evidencio becomes the data processor. In this agreement the data necessary for the execution of the contract will be specified, but will likely consist of the data mentioned under points 2.5 and 2.6. Evidencio will only process data that is necessary for the execution of that Data Processing Agreement.
2.8 Job Applicants
If you apply for a job with us, for example, in response to a vacancy posted by us, but also if you send us an open application, you may provide us with your personal data (for example by sending us an email with your CV). Evidencio is a data controller of this data. We process this data on the basis of our legitimate interest to send you a reply.
2.9 Email contact
It is Evidencio’s legitimate interest to process your name, email and message to reply to your support request, comments, questions or business inquiries, and customer support. This applies when you send an e-mail directly to Evidencio.
3. USE OF YOUR INFORMATION
We may use your Personal Data to:
We do not make automated decisions based on your Personal Data.
4. DISCLOSURE OF YOUR INFORMATION
We may need to share a subset of your Personal Data with:
We also may need to disclose your Personal Data:
The Service may let you post and share Personal Data, comments, materials and other content. Any information you disclose publicly may be collected and used by others, may be indexable by search engines, and might not be able to be removed. Please be careful when disclosing Personal Data in these public areas.
5. YOUR ACCESS TO YOUR INFORMATION
You have a right to be informed on Personal Data processed by the Service, a right to rectification/correction, erasure and restriction of processing. Upon request, you have the right to receive a structured, common and machine-readable format of the Personal Data you provided to us. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that you are the data subject entitled to receive such Personal Data.
Access to your Personal Data will be provided free of charge. However, we may (in advance) charge a reasonable compensation should your request be clearly unfounded, repetitive, or excessive. At our sole discretion we may refuse to comply with your request in these circumstances.
As a registered User you can access your account information and make corrections or updates at any time. The accuracy of such information is solely your responsibility.
Where you have provided consent, you may withdraw it at any time, without affecting the lawfulness of the processing that was carried out prior to withdrawing it. Whenever you withdraw consent, you acknowledge and accept that this may have a negative influence on the scope and quality of the Service. We will endeavor to fulfill your request within 30 days but some Personal Data may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations. You agree that Evidencio BV shall not be held liable regarding any loss and/or damage to your Personal Data if you choose to withdraw consent.
To exercise any of the rights mentioned in this Privacy Policy and/or in the event of questions or comments relating to the use of your Personal Data, you may contact Evidencio at: privacy@evidencio.com
You have the right to file a complaint with the data protection authority in your jurisdiction. However, we would very much appreciate it if you would file your complaint with us before going to a data protection authority.
6. DATA RETENTION
Evidencio acts as a Data Controller regarding your Personal Data. As such, we have defined data retention policies regarding your Personal Data.
Data retention:
You should be aware that we may retain certain Personal Data to comply with legal obligations, resolve disputes and enforce our agreements.
7. DATA SECURITY
Evidencio has taken every reasonable precaution to safeguard your Personal Data against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction through the use of appropriate administrative, physical and technical security measures.
Our company and Services have been ISO27001 and NEN7510 certified.
As part of our obligations under these information security certifications our Service is periodically scanned for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. Your Personal Data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
Personal Data and usage data is stored as long as is necessary for the purpose(s) for which we originally collected it. We may also retain information as required by law.
8. CROSS-BORDER TRANSFER OF INFORMATION
Evidencio’s Service is hosted on Amazon AWS cloud infrastructure. We currently use AWS Services located in Ireland and Germany. Your Personal Data may be transferred to either Ireland or Germany for processing. By using the Service, you consent to the transfer of information to these countries which may be outside of your country of residence, and which may have different Personal Data protection rules than in your country.
9. CHANGES TO OUR PRIVACY POLICY
We may change this privacy policy from time to time, at our sole discretion. Any changes will be posted on this page with an updated revision date.
10. LINKS TO THIRD PARTY PRODUCTS & SERVICES
The Service may, at our discretion, include or offer third-party products or services. These third-party products or services may have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked products or services. Nonetheless, as we endeavor to protect the integrity of our Service, we welcome any feedback regarding these third-party products and services.
11. COMPLIANCE WITH LOCAL LAWS
11.1 EU General Data Protection Regulation (“GDPR”)
We carry out all data control and processing operations in strict compliance with the GDPR. We use a limited number of external service providers that are trusted and meet high data protection and security standards for certain tasks such as technical data analysis, processing and/or storage offerings. We only share information with them that is required for the services offered, and we contractually bind them to keep any information we share confidential. We will not pass your data on to third parties without your express consent unless we are obliged to do so by statutory law or an instruction from a public authority or court.
11.2 California Online Privacy Protection Act
Should a data breach occur;
11.3 CAN-SPAM ActPrivacy Protection Act
12. CONTACT
If you have any questions, comments or requests regarding this privacy policy or our processing of your information, please contact:
Evidencio BV
Attn: Privacy Officer
Irenesingel 19
7481 GJ
Haaksbergen
the Netherlands
privacy@evidencio.com
Last revised: June 09th, 2023
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