- oomnia’s Privacy Policy
- eConsent’s Privacy Policy
- ePRO’s Privacy Policy
- ACCEPTABLE USE POLICY
- GENERAL TERMS OF SERVICE
- PRODUCT-SPECIFIC TERMS OF SERVICE
- User notice
Welcome to oomnia’s Privacy Policy.
Please note that this Privacy Policy applies to personal data that is collected and processed in the course of providing Service (as defined in Definition Section of the General Terms of Service) by Wemedoo AG, with registered seat at Sumpfstrasse 24, 6312 Steinhausen, Switzerland, CIN: CHE-290.176.074, VAT number: CHE-290.176.074 MWST, (hereinafter: “Wemedoo”, or “we”).
Wemedoo, as a Data Controller or Data Processor, (collects and) processes personal data relating to interactions on the Tool (as defined in the Definition Section of the General Terms of Service). This Privacy Policy describes how Wemedoo uses and protects any information that you share with us in relation to our Tool.
We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.
We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access, or otherwise use eConsent. In case there is anything that you would like to ask us regarding this Privacy Policy, please send your inquiry to info@wemedoo.com
Along with the General Terms of Service, Product-specific Terms of Service, Software as a Service Agreement, and Acceptable Use Policy, this Privacy Policy represents a contract between you and Wemedoo. Thus, any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Definitions Section of the General Terms of Service.
CONTENT
- DEFINITIONS
- DATA CONTROLLER AND DATA PROCESSOR
- WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
- WHAT DO WE NOT DO?
- PERSONAL DATA SECURITY
- WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
- INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
- HOW LONG DO WE KEEP YOUR DATA?
- YOUR RIGHTS
- CHANGES TO PRIVACY POLICY
1. DEFINITIONS
An entity that alone or jointly with others determines the purposes and means of the processing of personal data.
Any natural or legal person who processes the data on behalf of the controller.
a) the Switzerland Federal Act on Data Protection (Revised Act, 25 September 2020), and / or
b) General Data Protection Regulation 2016/679.
Any natural person that shares personal data with us via Tool, or in relation to Tool (e.g. via email).
The Client who made your Personal Data available to us and who is using the Service.
An individual engaged by the Client, including but not limited to Client’s employees, consultants and contractors, and registered on the Tool by the Client.
A natural person whose information is being processed within the Tool in relation to Client Service. Participants’ data are anonymized so that their data available on the Tool can’t be linked to the actual person. Participants don’t have access to the Tool.
Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, either directly or indirectly. Therefore, data about a company or any legal entity is not considered to be personal data but registering on behalf of a legal entity may include sharing personal data. For example, information about one-person companies may constitute personal data where it allows the identification of a natural person. The rules also apply to all personal data relating to natural persons in the course of professional activity, such as the employees of a company or organization, and business e-mail addresses like “firstname.surname@company.com”. This Privacy Policy does not apply to information from which no individual can reasonably be identified (anonymized information).
Any operation or set of operations that is performed on personal data or sets of personal data. This includes activities such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
2. DATA CONTROLLER AND DATA PROCESSOR
In relation to your personal data processed via the Tool, Wemedoo may be either a Data Controller or Data Processor.
When Wemedoo acts in the capacity of a Data Controller, Wemedoo determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data. The table in Section 3.1 of the Privacy Policy presents the purposes and legal basis for data processing. In those cases, Wemedoo is responsible for your personal data.
In relation to the usage of the eConsent Tool, Wemedoo will primarily process your data in the capacity of a Data Processor, in the manner explained in the Section 3.2. However, if the Wemedoo is processing your data in the capacity of a Data Controller, should you have any inquiries, or you wish to exercise any of the rights of a Data Subject stipulated in Section 9, please contact us:
- Wemedoo AG
- Sumpfstrasse 24, 6312 Steinhausen, Switzerland
- Email: info@wemedoo.com
Given that Wemedoo strongly supports fair personal data processing, despite being only a Data Processor in the below-listed cases, Wemedoo made an additional effort to explain such personal data processing via Tool - in Section 3.2 of this Privacy Policy..
The information contained therein outlines how personal data processing via eConsent functions in general. But if you wish to send an inquiry, or exercise any of the rights which you may have under the applicable data protection law as the Data Subject, please contact the Client directly, as they hold the position of Data Controller.
Since Wemedoo is a company operating under the laws of Switzerland and falls under the scope of application of the Data Protection Law, Wemedoo as a Data Processor is obliged to sign the Data Protection Addendum to the General Terms of Service ("DPA"), with the Client as a Data Controller. The DPA reflects the agreement between the Client and Wemedoo regarding the terms which govern the processing of personal data under General Terms of Service. Signing the DPA will be considered as an amendment to the Contract (within the meaning of the Definitions Section of the General Terms of Service) and will be considered to form a part of the Contract. If you represent a Client that does not fall under the application of the Data Protection Law, Wemedoo processes your personal data under the DPA concluded between Wemedoo and the Client, which includes the Standard Contractual Clauses adopted by the European Commission, as applicable.
3. WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
We may collect and receive information about you in various ways:
- Information you provide using eConsent (for example, by requesting creation of an Account on eConsent).
- Information you decide to provide through getting in touch with us.
- Information we collect using cookies and similar technologies as explained below.
Personal data we may collect automatically
Each time you use Tool we may automatically collect the following information:
- At the time of logging in, we store the data in local storage, such as the user id, the hashtag that we generate ourselves and is created at the time of
logging in, the date and time of logging in and the date and time when you will be logged out automatically. Namely, we have created the functionality that every user is automatically logged out of Tool after exactly 1 hour after being logged in. This time window may be reduced if requested by the specific Client. - when you use eConsent, we will keep a record of the details of that usage, including the date, time, location, frequency and duration of the usage;
- technical information about your computer or mobile device for system administration and analysis, including your IP address, browser information;
- other information about your use of eConsent, including the pages you have viewed and actions you have performed on the Tool.
Please read our Cookie Policy to find out more about these technologies.
3.1. WEMEDOO AS DATA CONTROLLER
Wemedoo will primarily have the role of Data Processor in relation to the collection and processing of your personal data via the Tool. However, for the purpose of complete transparency, we list possible occasions in which Wemedoo can find itself in the role of Data Controller.
3.2. WEMEDOO AS DATA PROCESSOR
As previously stated, concerning some of your personal data processed on the Tool, Wemedoo is a Data Processor, and the Client is the Data Controller. Wemedoo processes personal data following instructions from the Data Controller under the General Terms of Service, and DPA (if any). The purpose of such personal data processing includes but is not limited to: creating User Account and Participant Account, adding system user roles and roles within the trial to the Employee Account, adding permission to the User Account, adding Organizations and trials to the Tool, sending relevant notification in relation to the usage of the Tool, collecting consents from Participants.
As a processor, Wemedoo is permitted to collect, use, disclose and/or otherwise process your personal data only in accordance with its contracts with the Client.
3.2.1. Processing prior to using the Service
a) Employee’s data
The Client, your Employer shares your following information to enable you the access to the eConsent Tool:
- First and last name;
- E-mail address; System role;
- Phone number;
- Organizations and clinical trials in which you are taking part in and your roles within those trials/organizations;
- Permissions assigned to your Account;
b) Participant’s data
The Client collects Participant personal data outside the Tool for participation in a clinical trial (which is done in various ways, e.g. from direct advertisements to which potential Participants respond, the analysis of medical records of already existing patients, or a combination of those two approaches).
The Client, in whose trial you are taking part as a Participant, shares your following information to enable you the access to the eConsent Tool:
- First and last name;
- E-mail address;
- Phone number;
- Country, postal code and address line;
- Language;
- Identifier and identifier type;
3.2.2 Processing during the usage of the Tool
a) Employee’s and Participant’s data
If you are an Employee who decides to accept the invitation sent to your email to use eConsent, you will be able to do so by entering your email address and password on the login page.
If you are a Participant who decides to accept the invitation sent to your email to use eConsent, you will be able to do so by entering your email address and password on the login page and verifying your account via a single-use code sent to your email, or an SMS message sent to your phone number.
During the first login on the Tool, the users will enter the automatically generated password that was sent to them via email when their account was created. Once they log in for the first time, they will have to change the password to the one that they want to use throughout the trial.
You manage personal data you share via your account depending on the permissions assigned to your User Account.
Admin can create accounts for the Users and designate roles and permissions to the Employees within the Tool. Admin engaged by Wemedoo can view and edit everything other than information related to Participants. Admin who is using the Tool as the Client’s representative can only view and edit information related to Employees, Participants, and Client Services of that specific Client.
Moreover, the Client’s Employees can add and manage personal information about the Participants of that Client.
Also, information Participants provide within the Questions and Answers section of the Tool will be available to the Client who invited them to the Tool and the Client’s Employees.
If you have any questions regarding the legal basis for such personal data processing, please contact the Client who added you to the Tool or a Company with whom you work with.
4. WHAT DO WE NOT DO?
Wemedoo will never:
- Sell any kind of personal information or data.
- Disclose this information to marketers or third parties not specified in Section 6 of the Privacy Policy.
- Process your data in any way other than stated in this Privacy Policy.
5. PERSONAL DATA SECURITY
We take administrative, technical, organizational, and other measures to ensure the appropriate level of security of personal data we process. Upon assessing whether a measure is adequate and which level of security is appropriate, we consider the nature of the personal data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing activities, the costs of the implementation of security measures and other relevant matters in the particular circumstances.
Some of the measures we apply include access authorization control, information classification (and handling thereof), protection of integrity and confidentiality, data backup, firewalls, data encryption and other appropriate measures. We equip our staff with the appropriate knowledge and understanding of the importance and confidentiality of your personal data security.
Whenever we save your personal information, it’s stored on servers and in facilities that only selected personnel and our contractors have access to. We encrypt all data that you submit through Tool during transmission using SSL in order to prevent unauthorized parties from viewing such information. Remember – all information you submit to us by email is not secure, so please do not send sensitive information in any email to Wemedoo. We never request that you submit sensitive or personal information over email, so please report any such requests to us by sending an email to info@wemedoo.com.
We protect personal information you provide online in connection with registering an account via eConsent Tool. Access to personal information you entered to eConsent Tool is available through a password you selected to use during the trial (as explained in Section 3.2.2 above). This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password to anyone. Please notify us immediately if you believe your password has been compromised.
The Tool has a functionality to allow the export of data collected, analyzed, and processed through the trials supported by the Tool. Since such exported files may contain personal data, eConsent has taken additional measures to secure the integrity of that data. Each exported file is password protected and/or contains an electronic signature, which prevents editing of the original information that is exported from the Tool. If anything is edited in the exported documents, the electronic signature will automatically be removed, making the export invalid. Therefore, exported files can’t be additionally edited outside the Tool, which makes unauthorized modifications of data impossible.
6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Wemedoo utilizes external processors and sub-processors for certain processing activities. We conduct information audits to identify, categorize and record all personal data that is processed outside our company, so that the information, processing activity, processor and legal basis are all recorded, reviewed and easily accessible. The list of our sub-processors is approved by the Client.
We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate, and effective for the task we are employing them for.
We audit their processes and activities prior to contract and during the contract period to ensure compliance with the data protection regulations and review any codes of conduct that oblige them to confirm compliance.
This is the list of processors and sub-processors with whom we share your personal data:
Cloud service providers
services
EEA
services
EEA
Wemedoo subsidiaries
Council of Europe Member States
Council of Europe Member States
We may also share your personal data with our outside accountants, legal counsels, and auditors.
Moreover, we may disclose your personal information to third parties:
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation;
- to prevent and detect fraud or crime;
- in response to a subpoena, warrant, court order, or as otherwise required by law.
Please note that personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of Wemedoo.
We do not have a list of all third parties we share your data with. However, if you would like further information about who we have shared your data with, you can request this by contacting us at info@wemedoo.com.
7. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
We may transfer your personal data to countries other than the one you reside in. In that case, we will also apply appropriate technical and organizational measures to ensure an adequate level of security in respect of all personal data we process. If the Data Protection Law applies to you, we make sure that such transfer is made:
- to the countries within the EEA;
- to the countries which ensure an adequate level of protection;
- to the countries which do not belong to those specified under item 1. and 2, but only by applying the appropriate safeguard measures (such as Standard Contractual Clauses adopted by the European Commission).
If you would like to obtain more information about these protective measures, please contact us at info@wemedoo.com.
Your personal data is stored on servers located in EEA.
8. HOW LONG DO WE KEEP YOUR DATA?
The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 3. We retain personal data for as long as we reasonably require it for legal or business purposes, particularly those related to clinical trials. In determining data retention periods, we take into consideration the applicable law (see Section 17 of the General Terms of Service), including rules and regulations on clinical trials, our contractual obligations, and the expectations and requirements of our Clients.
However, it is important to note that certain clinical trial regulations and laws, such as the EU Clinical Trial Regulation 536/2014, require us to retain (or not delete) personal data for specific periods, which are often longer than those mandated by the applicable data protection laws. This means that we must retain your personal data for the periods mandated by these regulations, even if they are longer than the periods prescribed by the applicable data protection regulations.
Furthermore, as an exception to the retention periods from Section 3, your data may be processed to determine, pursue, or defend claims and counterclaims.
In any case, when we no longer need personal information, or when you legitimately request us to delete your information and the applicable retention rules and regulations do not prevent us from doing so, we will securely delete or destroy it
9. YOUR RIGHTS
Given that fairness and transparency are our cornerstone principles, we wanted to remind you of the rights that you have as a Data Subject. These rights may be exercised by Data Subject when Wemedoo operates as a Data Controller.
If your inquiry or exercise of any of the Data Subject's rights relates to the data processed by the Client as a Data Controller as explained in Section 3.2 of the Privacy Policy, please contact the Client (the company whose representatives created your User/Participant Account or requested creation of your User/Participant Account).
In the event Wemedoo receives a request for exercising any of these rights directly from a Data Subject, we are obliged to notify the Client before responding to such a request.
Right of Access
You can send us a request for a copy of the personal data we hold about you.
We have ensured that appropriate measures have been taken to provide such in a concise, transparent, intelligible, and easily accessible form, using clear and plain language. Such information is provided in writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the subject's identity.
Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received. Where the provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months where necessary.
Right to Object to Processing
You have the right to object to the processing of your personal data where that processing is being undertaken based on the Data Controller’s legitimate interest. In such a case the Data Controller is required to cease processing your data unless they can demonstrate adequate grounds that override your objection.
Right to Correction of Your Personal Data
If your personal data processed by the Data Controller is incorrect, you have the right to request that we correct those data. When notified of inaccurate data by the Data
Subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them.
Right to Erasure
You have the right to request that your personal data is deleted in certain circumstances, such as:
- The personal data are no longer needed for the purpose for which they were collected;
- You withdraw your consent (where the processing was based on consent);
- You object to the processing and no overriding legitimate grounds are justifying processing the personal data;
- The personal data have been unlawfully processed; or
- To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary:
- To comply with a legal obligation (such as, for example, compliance with retention periods from applicable clinical trials rules and regulations); or
- For the establishment, exercise, or defense of legal claims.
In case the User wants their User Account to be deactivated, the User should contact the Admin, who has the adequate permissions to deactivate User Account. Please note that some data will be kept for our internal business purposes, legal, financial, and accounting purposes in accordance with Section 12. of General Terms of Service.
Right to Restriction of Processing
You can exercise your right to the restriction of processing in the following situations:
- if the accuracy of the personal data is contested,
- you consider the processing unlawful, but you do not want your personal data to be erased,
- we no longer need the personal data, but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and verification.
Right to Data Portability
Where you have provided personal data to us, you have the right to receive such personal data back in a structured, commonly used and machine-readable format, and to have those data transmitted to a third-party without hindrance, but in each case only where:
- The processing is carried out by automated means; and
- The processing is based on your consent or the performance of a contract with you.
Right to Withdraw the Consent
If you have provided your consent to the collection, processing, and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing (such as compliance with a legal obligation, for example from rules and regulations on clinical trials).
Right to Lodge a Complaint
If you have any concerns or requests in relation to your personal data, please contact us at info@wemedoo.com and we will respond as soon as possible but not later than 30 days.
If you are unsatisfied with our response, you may also contact the competent supervisory authority at your country of residency or Federal Data Protection and Information Commissioner, Feldeggweg 1, CH - 3003 Berne, telephone number: +41 (0)58 462 43 95, e-mail: info@edoeb.admin.ch, website: https://www.edoeb.admin.ch/edoeb/en/home.html.
10. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by email or advised to you on the next login to eConsent. If you continue with the use of the Tool after the changes were implemented, that will signify that you agree to any such changes.
eCONSENT’S PRIVACY POLICY
Welcome to eConsent’s Privacy Policy.
Please note that this Privacy Policy applies to personal data that is collected and processed in the course of providing Service (as defined in Definition Section of the General Terms of Service) by Wemedoo AG, with registered seat at Sumpfstrasse 24, 6312 Steinhausen, Switzerland, CIN: CHE-290.176.074, VAT number: CHE-290.176.074 MWST, (hereinafter: “Wemedoo”, or “we”).Wemedoo, as a Data Controller or Data Processor, (collects and) processes personal data relating to interactions on the Tool (as defined in the Definition Section of the General Terms of Service). This Privacy Policy describes how Wemedoo uses and protects any information that you share with us in relation to our Tool.
We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.
We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access, or otherwise use eConsent. In case there is anything that you would like to ask us regarding this Privacy Policy, please send your inquiry to info@wemedoo.com
Along with the General Terms of Service, Product-specific Terms of Service, Software as a Service Agreement, and Acceptable Use Policy, this Privacy Policy represents a contract between you and Wemedoo. Thus, any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Definitions Section of the General Terms of Service.
CONTENT
- DEFINITIONS
- DATA CONTROLLER AND DATA PROCESSOR
- WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
- WHAT DO WE NOT DO?
- PERSONAL DATA SECURITY
- WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
- INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
- HOW LONG DO WE KEEP YOUR DATA?
- YOUR RIGHTS
- CHANGES TO PRIVACY POLICY
1. DEFINITIONS
An entity that alone or jointly with others determines the purposes and means of the processing of personal data.
Any natural or legal person who processes the data on behalf of the controller.
b) General Data Protection Regulation 2016/679.
The Client who made your Personal Data available to us and who is using the Service.
An individual engaged by the Client, including but not limited to Client’s employees, consultants, and contractors.
A natural person whose information is being processed within the Tool in relation to Client Service and participation in a clinical trial. Participants can access the Tool via Participant Account created by Admin or Employee.
Any operation or set of operations that is performed on personal data or sets of personal data. This includes activities such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
2. DATA CONTROLLER AND DATA PROCESSOR
In relation to your personal data processed via the Tool, Wemedoo may be either a Data Controller or Data Processor.
When Wemedoo acts in the capacity of a Data Controller, Wemedoo determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data. The table in Section 3.1 of the Privacy Policy presents the purposes and legal basis for data processing. In those cases, Wemedoo is responsible for your personal data.
In relation to the usage of the eConsent Tool, Wemedoo will primarily process your data in the capacity of a Data Processor, in the manner explained in the Section 3.2. However, if the Wemedoo is processing your data in the capacity of a Data Controller, should you have any inquiries, or you wish to exercise any of the rights of a Data Subject stipulated in Section 9, please contact us:
- Wemedoo AG
- Sumpfstrasse 24, 6312 Steinhausen, Switzerland
- Email: info@wemedoo.com
Given that Wemedoo strongly supports fair personal data processing, despite being only a Data Processor in the below-listed cases, Wemedoo made an additional effort to explain such personal data processing via Tool - in Section 3.2 of this Privacy Policy.
The information contained therein outlines how personal data processing via eConsent functions in general. But if you wish to send an inquiry, or exercise any of the rights which you may have under the applicable data protection law as the Data Subject, please contact the Client directly, as they hold the position of Data Controller.
Since Wemedoo is a company operating under the laws of Switzerland and falls under the scope of application of the Data Protection Law, Wemedoo as a Data Processor is obliged to sign the Data Protection Addendum to the General Terms of Service ("DPA"), with the Client as a Data Controller. The DPA reflects the agreement between the Client and Wemedoo regarding the terms which govern the processing of personal data under General Terms of Service. Signing the DPA will be considered as an amendment to the Contract (within the meaning of the Definitions Section of the General Terms of Service) and will be considered to form a part of the Contract. If you represent a Client that does not fall under the application of the Data Protection Law, Wemedoo processes your personal data under the DPA concluded between Wemedoo and the Client, which includes the Standard Contractual Clauses adopted by the European Commission, as applicable.
3. WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
We may collect and receive information about you in various ways:
- Information you provide using eConsent (for example, by requesting creation of an Account on eConsent).
- Information you decide to provide through getting in touch with us.
- Information we collect using cookies and similar technologies as explained below.
Personal data we may collect automatically
Each time you use Tool we may automatically collect the following information:
- At the time of logging in, we store the data in local storage, such as the user id, the hashtag that we generate ourselves and is created at the time of logging in, the date and time of logging in and the date and time when you will be logged out automatically. Namely, we have created the
functionality that every user is automatically logged out of Tool after exactly 1 hour after being logged in. This time window may be reduced if requested by the specific Client. - when you use eConsent, we will keep a record of the details of that usage, including the date, time, location, frequency and duration of the usage;
- technical information about your computer or mobile device for system administration and analysis, including your IP address, browser information;
- other information about your use of eConsent, including the pages you have viewed and actions you have performed on the Tool.
Please read our Cookie Policy to find out more about these technologies.
3.1 WEMEDOO AS DATA CONTROLLER
Wemedoo will primarily have the role of Data Processor in relation to the collection and processing of your personal data via the Tool. However, for the purpose of complete transparency, we list possible occasions in which Wemedoo can find itself in the role of Data Controller.
Creating and maintaining a Client Account at eConsent according to the Product- specific Terms of Service.
3.2 WEMEDOO AS DATA PROCESSOR
As previously stated, concerning some of your personal data processed on the Tool, Wemedoo is a Data Processor, and the Client is the Data Controller. Wemedoo processes personal data following instructions from the Data Controller under the General Terms of Service, and DPA (if any). The purpose of such personal data processing includes but is not limited to: creating User Account and Participant Account, adding system user roles and roles within the trial to the Employee Account, adding permission to the User Account, adding Organizations and trials to the Tool, sending relevant notification in relation to the usage of the Tool, collecting consents from Participants.
As a processor, Wemedoo is permitted to collect, use, disclose and/or otherwise process your personal data only in accordance with its contracts with the Client.
3.2.1 Processing prior to using the Service
a) Employee’s data
The Client, your Employer shares your following information to enable you the access to the eConsent Tool:
- First and last name;
- E-mail address; System role;
- Phone number;
- Organizations and clinical trials in which you are taking part in and your roles within those trials/organizations;
- Permissions assigned to your Account;
b) Participant’s data
The Client collects Participant personal data outside the Tool for participation in a clinical trial (which is done in various ways, e.g. from direct advertisements to which potential Participants respond, the analysis of medical records of already existing patients, or a combination of those two approaches).
The Client, in whose trial you are taking part as a Participant, shares your following information to enable you the access to the eConsent Tool:
- First and last name;
- E-mail address;
- Phone number;
- Country, postal code and address line;
- Language;
- Identifier and identifier type;
If you have any questions regarding the legal basis for such personal data processing, please contact the Client who added you to eConsent.
3.2.2 Processing during the usage of the Tool
a) Employee’s and Participant’s data
If you are an Employee who decides to accept the invitation sent to your email to use eConsent, you will be able to do so by entering your email address and password on the login page.
If you are a Participant who decides to accept the invitation sent to your email to use eConsent, you will be able to do so by entering your email address and password on the login page and verifying your account via a single-use code sent to your email, or an SMS message sent to your phone number.
During the first login on the Tool, the users will enter the automatically generated password that was sent to them via email when their account was created. Once they log in for the first time, they will have to change the password to the one that they want to use throughout the trial.
You manage personal data you share via your account depending on the permissions assigned to your User Account.
Admin can create accounts for the Users and designate roles and permissions to the Employees within the Tool. Admin engaged by Wemedoo can view and edit everything other than information related to Participants. Admin who is using the Tool as the Client’s representative can only view and edit information related to Employees, Participants, and Client Services of that specific Client.
Moreover, the Client’s Employees can add and manage personal information about the Participants of that Client.
Also, information Participants provide within the Questions and Answers section of the Tool will be available to the Client who invited them to the Tool and the Client’s Employees.
If you have any questions regarding the legal basis for such personal data processing, please contact the Client who added you to the Tool or a Company with whom you work with.
4. WHAT DO WE NOT DO?
Wemedoo will never:
- Sell any kind of personal information or data.
- Disclose this information to marketers or third parties not specified in Section 6 of the Privacy Policy.
- Process your data in any way other than stated in this Privacy Policy.
5. PERSONAL DATA SECURITY
We take administrative, technical, organizational, and other measures to ensure the appropriate level of security of personal data we process. Upon assessing whether a measure is adequate and which level of security is appropriate, we consider the nature of the personal data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing activities, the costs of the implementation of security measures and other relevant matters in the particular circumstances.
Some of the measures we apply include access authorization control, information classification (and handling thereof), protection of integrity and confidentiality, data backup, firewalls, data encryption and other appropriate measures. We equip our staff with the appropriate knowledge and understanding of the importance and confidentiality of your personal data security.
Whenever we save your personal information, it’s stored on servers and in facilities that only selected personnel and our contractors have access to. We encrypt all data that you submit through Tool during transmission using SSL in order to prevent unauthorized parties from viewing such information. Remember – all information you submit to us by email is not secure, so please do not send sensitive information in any email to Wemedoo. We never request that you submit sensitive or personal information over email, so please report any such requests to us by sending an email to info@wemedoo.com.
We protect personal information you provide online in connection with registering an account via eConsent Tool. Access to personal information you entered to eConsent Tool is available through a password you selected to use during the trial (as explained in Section 3.2.2 above). This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password to anyone. Please notify us immediately if you believe your password has been compromised.
The Tool has a functionality to allow the export of data collected, analyzed, and processed through the trials supported by the Tool. Since such exported files may contain personal data, eConsent has taken additional measures to secure the integrity of that data. Each exported file is password protected and/or contains an electronic signature, which prevents editing of the original information that is exported from the Tool. If anything is edited in the exported documents, the electronic signature will automatically be removed, making the export invalid. Therefore, exported files can’t be additionally edited outside the Tool, which makes unauthorized modifications of data impossible.
6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Wemedoo utilizes external processors and sub-processors for certain processing activities. We conduct information audits to identify, categorize and record all personal data that is processed outside our company, so that the information, processing activity, processor and legal basis are all recorded, reviewed and easily accessible. The list of our sub-processors is approved by the Client.
We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate, and effective for the task we are employing them for.
We audit their processes and activities prior to contract and during the contract period to ensure compliance with the data protection regulations and review any codes of conduct that oblige them to confirm compliance.
This is the list of processors and sub-processors with whom we share your personal data:
Cloud service providers
Council of Europe Member States
Wemedoo subsidiaries
We may also share your personal data with our outside accountants, legal counsels, and auditors.
Moreover, we may disclose your personal information to third parties:
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation;
- to prevent and detect fraud or crime;
- in response to a subpoena, warrant, court order, or as otherwise required by law.
Please note that personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of Wemedoo.
We do not have a list of all third parties we share your data with. However, if you would like further information about who we have shared your data with, you can request this by contacting us at info@wemedoo.com.
7. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
We may transfer your personal data to countries other than the one you reside in. In that case, we will also apply appropriate technical and organizational measures to ensure an adequate level of security in respect of all personal data we process. If the Data Protection Law applies to you, we make sure that such transfer is made:
- to the countries within the EEA;
- to the countries which ensure an adequate level of protection;
- to the countries which do not belong to those specified under item 1. and 2, but only by applying the appropriate safeguard measures (such as Standard Contractual Clauses adopted by the European Commission).
If you would like to obtain more information about these protective measures, please contact us at info@wemedoo.com.
Your personal data is stored on servers located in EEA.
8. HOW LONG DO WE KEEP YOUR DATA?
The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 3. We retain personal data for as long as we reasonably require it for legal or business purposes, particularly those related to clinical trials. In determining data retention periods, we take into consideration the applicable law (see Section 17 of the General Terms of Service), including rules and regulations on clinical trials, our contractual obligations, and the expectations and requirements of our Clients.
However, it is important to note that certain clinical trial regulations and laws, such as the EU Clinical Trial Regulation 536/2014, require us to retain (or not delete) personal data for specific periods, which are often longer than those mandated by the applicable data protection laws. This means that we must retain your personal data for the periods mandated by these regulations, even if they are longer than the periods prescribed by the applicable data protection regulations.
Furthermore, as an exception to the retention periods from Section 3, your data may be processed to determine, pursue, or defend claims and counterclaims.
In any case, when we no longer need personal information, or when you legitimately request us to delete your information and the applicable retention rules and regulations do not prevent us from doing so, we will securely delete or destroy it
9. YOUR RIGHTS
Given that fairness and transparency are our cornerstone principles, we wanted to remind you of the rights that you have as a Data Subject. These rights may be exercised by Data Subject when Wemedoo operates as a Data Controller.
If your inquiry or exercise of any of the Data Subject's rights relates to the data processed by the Client as a Data Controller as explained in Section 3.2 of the Privacy Policy, please contact the Client (the company whose representatives created your User/Participant Account or requested creation of your User/Participant Account).
In the event Wemedoo receives a request for exercising any of these rights directly from a Data Subject, we are obliged to notify the Client before responding to such a request.
Right of Access
You can send us a request for a copy of the personal data we hold about you.
We have ensured that appropriate measures have been taken to provide such in a concise, transparent, intelligible, and easily accessible form, using clear and plain language. Such information is provided in writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the subject's identity.
Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received. Where the provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months where necessary.
Right to Object to Processing
You have the right to object to the processing of your personal data where that processing is being undertaken based on the Data Controller’s legitimate interest. In such a case the Data Controller is required to cease processing your data unless they can demonstrate adequate grounds that override your objection.
Right to Correction of Your Personal Data
If your personal data processed by the Data Controller is incorrect, you have the right to request that we correct those data. When notified of inaccurate data by the Data Subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them.
Right to Erasure
You have the right to request that your personal data is deleted in certain circumstances, such as:
- The personal data are no longer needed for the purpose for which they were collected;
- You withdraw your consent (where the processing was based on consent);
- You object to the processing and no overriding legitimate grounds are justifying processing the personal data;
- The personal data have been unlawfully processed; or
- To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary:
- To comply with a legal obligation (such as, for example, compliance with retention periods from applicable clinical trials rules and regulations); or
- For the establishment, exercise, or defense of legal claims.
In case the User wants their User Account to be deactivated, the User should contact the Admin, who has the adequate permissions to deactivate User Account. Please note that some data will be kept for our internal business purposes, legal, financial, and accounting purposes in accordance with Section 12. of General Terms of Service.
Right to Restriction of Processing
You can exercise your right to the restriction of processing in the following situations:
- if the accuracy of the personal data is contested,
- you consider the processing unlawful, but you do not want your personal data to be erased,
- we no longer need the personal data, but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and erification.
Right to Data Portability
Where you have provided personal data to us, you have the right to receive such personal data back in a structured, commonly used and machine-readable format, and to have those data transmitted to a third-party without hindrance, but in each case only where:
- The processing is carried out by automated means; and
- The processing is based on your consent or the performance of a contract with you.
Right to Withdraw the Consent
If you have provided your consent to the collection, processing, and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing (such as compliance with a legal obligation, for example from rules and regulations on clinical trials).
Right to Lodge a Complaint
If you have any concerns or requests in relation to your personal data, please contact us at info@wemedoo.com and we will respond as soon as possible but not later than 30 days.
If you are unsatisfied with our response, you may also contact the competent supervisory authority at your country of residency or Federal Data Protection and Information Commissioner, Feldeggweg 1, CH - 3003 Berne, telephone number: +41 (0)58 462 43 95, e-mail: info@edoeb.admin.ch, website: https://www.edoeb.admin.ch/edoeb/en/home.html.
10. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by email or advised to you on the next login to eConsent. If you continue with the use of the Tool after the changes were implemented, that will signify that you agree to any such changes.
ePRO’S PRIVACY POLICY
Welcome to ePRO’s Privacy Policy.
Please note that this Privacy Policy applies to personal data that is collected and processed in the course of providing Service (as defined in Definition Section of the General Terms of Service) by Wemedoo AG, with registered seat at Sumpfstrasse 24, 6312 Steinhausen, Switzerland, CIN: CHE-290.176.074, VAT number: CHE-290.176.074 MWST, (hereinafter: “Wemedoo”, or “we”).
Wemedoo, as a Data Controller or Data Processor, (collects and) processes personal data relating to interactions on the Tool (as defined in the Definition Section of the General Terms of Service). This Privacy Policy describes how Wemedoo uses and protects any information that you share with us in relation to our Tool.
We believe in full transparency, which is why we keep our Privacy Policy simple and easy to understand.
We strongly urge you to read this Privacy Policy and make sure that you fully understand and agree with it. If you do not agree to this Privacy Policy, please do not access, or otherwise use ePRO. In case there is anything that you would like to ask us regarding this Privacy Policy, please send your inquiry to info@wemedoo.com .
Along with the General Terms of Service, Product-specific Terms of Service, Software as a Service Agreement, and Acceptable Use Policy, this Privacy Policy represents a contract between you and Wemedoo. Thus, any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Definitions Section of the General Terms of Service.
CONTENT
- DEFINITIONS
- DATA CONTROLLER AND DATA PROCESSOR
- WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
- WHAT DO WE NOT DO?
- PERSONAL DATA SECURITY
- WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
- INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
- HOW LONG DO WE KEEP YOUR DATA?
- YOUR RIGHTS
- CHANGES TO PRIVACY POLICY
1. DEFINITIONS
An entity that alone or jointly with others determines the purposes and means of the processing of personal data.
.
Any natural or legal person who processes the data on behalf of the controller.
b) General
The Client who made Participant’s or Employee’s Personal Data available to us and who is using the Service.
An individual engaged by the Client, including but not limited to Client’s employees, consultants and contractors, and registered on the Tool by the Client.
A natural person whose information is being processed within the Tool in relation to Client Service and participation in a clinical trial. Namely, Participants will provide their personal data via questionnaires available on the Tool. Participants can access the Tool via the User Account assigned to him/her.
Any operation or set of operations that is performed on personal data or sets of personal data. This includes activities such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
2. DATA CONTROLLER AND DATA PROCESSOR
In relation to your personal data processed via the Tool, Wemedoo may be either a Data Controller or Data Processor.
When Wemedoo acts in the capacity of a Data Controller, Wemedoo determines the purposes and means of the processing of personal data. The purpose of data processing is the reason why we process your personal data. The table in Section 3.1 of the Privacy Policy presents the purposes and legal basis for data processing. In those cases, Wemedoo is responsible for your personal data.
In relation to the usage of the ePRO Tool, Wemedoo will primarily process your data in the capacity of a Data Processor, in the manner explained in Section 3.2. However, if Wemedoo is processing your data in the capacity of a Data Controller, should you have any inquiries, or you wish to exercise any of the rights of a Data Subject stipulated in Section 9, please contact us:
- Wemedoo AG
- Sumpfstrasse 24, 6312 Steinhausen, Switzerland
- Email: info@wemedoo.com
Given that Wemedoo strongly supports fair personal data processing, despite being only a Data Processor in the below-listed cases, Wemedoo made an additional effort to explain such personal data processing via Tool - in Section 3.2 of this Privacy Policy.
The information contained therein outlines how personal data processing via ePRO functions in general. But if you wish to send an inquiry, or exercise any of the rights which you may have under the applicable data protection law as the Data Subject, please contact the Client directly, as they hold the position of Data Controller.
Since Wemedoo is a company operating under the laws of Switzerland and falls under the scope of application of the Data Protection Law, Wemedoo as a Data Processor is obliged to sign the Data Protection Addendum to the General Terms of Service ("DPA"), with the Client as a Data Controller. The DPA reflects the agreement between the Client and Wemedoo regarding the terms which govern the processing of personal data under General Terms of Service. Signing the DPA will be considered as an amendment to the Contract (within the meaning of the Definitions Section of the General Terms of Service) and will be considered to form a part of the Contract. If you are an Employee who represents a Client or you are registered at the request of a Client that does not fall under the application of the Data Protection Law, Wemedoo processes your personal data under the DPA concluded between Wemedoo and the Client, which includes the Standard Contractual Clauses adopted by the European Commission, as applicable.
3. WHAT DATA DO WE PROCESS ABOUT YOU AND WHEN?
We may collect and receive information about you in various ways:
- Information you provide using ePRO (for example, by requesting the creation of an Account on ePRO or while filling out the questionnaires available on the Tool).
- Information you decide to provide through getting in touch with us.
- Information we collect using cookies and similar technologies as explained below.
Personal data we may collect automatically
Each time you use Tool we may automatically collect the following information:
- At the time of logging in, we store the data in local storage, such as the user id, the hashtag that we generate ourselves and is created at the time of logging in, the date and time of logging in and the date and time when you will be logged out automatically. Namely, we have created the functionality that every user is automatically logged out of Tool after exactly 2 hours after being logged in. This time window may be reduced if requested by the specific Client.
- when you use ePRO, we will keep a record of the details of that usage, including the date, time, location, frequency and duration of the usage;
- technical information about your computer or mobile device for system administration and analysis, including your IP address and browser information;
- other information about your use of ePRO, including the pages you have viewed and actions you have performed on the Tool.
Please read our Cookie Policy in order to find out more about these technologies.
3.1 WEMEDOO AS DATA CONTROLLER
Wemedoo will primarily have the role of Data Processor in relation to the collection and processing of your personal data via the Tool. However, for the purpose of complete transparency, we list possible occasions in which Wemedoo can find itself in the role of Data Controller.
3.2 WEMEDOO AS DATA PROCESSOR
As previously stated, concerning some of your personal data processed on the Tool, Wemedoo is a Data Processor, and the Client is the Data Controller. Wemedoo processes personal data following instructions from the Data Controller under the General Terms of Service, and DPA (if any). The purpose of such personal data processing includes but is not limited to: creating a User Account and Participant Account, adding system user roles within the trial to the Employee Account, adding permission to the User Account, adding Organizations and trials to the Tool, sending relevant notification in relation to the usage of the Tool, collecting answers to the questionnaires from Participants.
As a processor, Wemedoo is permitted to collect, use, disclose and/or otherwise process your personal data only in accordance with its contracts with the Client.
3.2.1 Processing prior to using the Service
a) Participant’s data
The Client collects Participant personal data outside the Tool for participation in a clinical trial (which is done in various ways, e.g. from direct advertisements to which potential Participants respond, the analysis of medical records of already existing patients, or a combination of those two approaches).
The Client, in whose trial you are taking part as a Participant, shares your following information to enable you the access to the ePRO Tool:
- First and last name;
- E-mail address;
- Phone number
- Country, postal code and address line;
- Language;
- Identifier and identifier type.
Some personal data such as name and surname, date of birth, email address and phone number might be used from the existing accounts on Connected Tools, as explained in our General Terms of Service.
Your information will be available only to Clients conducting a clinical trial in which you are participating, and for which you have provided informed consent.
b) Employee’s data
The Client, your Employer shares your following information to enable you the access to the ePRO Tool:
- First and last name;
- E-mail address, System role;
- Phone number;
- Organizations and clinical trials in which you are taking part in and your roles within those trials/organizations;
- Permissions assigned to your Account.
If you have any questions regarding the legal basis for such personal data processing, please contact the Client who added you to ePRO Tool.
3.2.2 Processing during the usage of the Tool
a) Employee’s data and Participant’s data
If you are an Employee who decides to accept the invitation sent to your email to use ePRO, you will be able to do so by entering your email address and password on the login page.
If you are a Participant who decides to accept the invitation sent to your email to use ePRO, you will be able to do so by entering your email address and password on the login page and verifying your account via a single-use code sent to your email, or an SMS message sent to your phone number.
During the first login on the Tool, the users will enter the automatically generated password that was sent to them via email when their account was created. Once they log in for the first time, they will have to change the password to the one that they want to use throughout the trial.
You manage personal data you share via your account depending on the permissions assigned to your User Account.
Admin can create accounts for the Users and designate roles and permissions to the Employees within the Tool. Admin engaged by Wemedoo can view and edit everything other than information related to Participants. Admin who is using the Tool as the Client’s representative can only view and edit information related to Employees, Participants, and Client Services of that specific Client.
Moreover, the Client’s Employees can add and manage personal information about the Participants of that Client.
Also, information Participants provide within the questionnaires on the Tool will be available to the Client who invited them to the Tool and the Client’s Employees.
If you have any questions regarding the legal basis for such personal data processing, please contact the Client who added you to the Tool or a Company with whom you work with.
4. WHAT DO WE NOT DO?
Wemedoo will never:
- Sell any kind of personal information or data.
- Disclose this information to marketers or third parties not specified in Section 6 of the Privacy Policy.
- Process your data in any way other than stated in this Privacy Policy.
5. PERSONAL DATA SECURITY
We take administrative, technical, organizational, and other measures to ensure the appropriate level of security of personal data we process. Upon assessing whether a measure is adequate and which level of security is appropriate, we consider the nature of the personal data we are processing and the nature of the processing operations we perform, the risks to which you are exposed by our processing activities, the costs of the implementation of security measures and other relevant matters in the particular circumstances.
Some of the measures we apply include access authorization control, information classification (and handling thereof), protection of integrity and confidentiality, data backup, firewalls, data encryption and other appropriate measures. We equip our staff with the appropriate knowledge and understanding of the importance and confidentiality of your personal data security.
Whenever we save your personal information, it’s stored on servers and in facilities that only selected personnel and our contractors have access to. We encrypt all data that you submit through Tool during transmission using SSL in order to prevent unauthorized parties from viewing such information. Remember – all information you submit to us by email is not secure, so please do not send sensitive information in any email to Wemedoo. We never request that you submit sensitive or personal information over email, so please report any such requests to us by sending an email to info@wemedoo.com.
We protect personal information you provide online in connection with registering an account via ePRO Tool. Access to personal information you entered is available through a password you selected to use during the trial (as explained in Section 3.2.2 above). This password is encrypted while transmitted from your browser to our servers and while stored on our systems. To protect the security of your personal information, never share your password with anyone. Please notify us immediately if you believe your password has been compromised.
The Tool has a functionality to allow the export of data collected, analyzed, and processed through the questionnaires supported by the Tool. Since such exported files may contain personal data, ePRO has taken additional measures to secure the integrity of that data. Each exported file is password protected and/or contains an electronic signature, which prevents editing of the original information that is exported from the Tool. If anything is edited in the exported documents, the electronic signature will automatically be removed, making the export invalid. Therefore, exported files can’t be additionally edited outside the Tool, which makes unauthorized modifications of data impossible.
6. WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
Wemedoo utilizes external processors and sub-processors for certain processing activities. We conduct information audits to identify, categorize and record all personal data that is processed outside our company, so that the information, processing activity, processor and legal basis are all recorded, reviewed and easily accessible. The list of our sub-processors is approved by the Client.
We have strict due diligence procedures and measures in place and review, assess and background check all processors prior to forming a business relationship. We obtain company documents, certifications, references and ensure that the processor is adequate, appropriate, and effective for the task we are employing them for.
We audit their processes and activities prior to contract and during the contract period to ensure compliance with the data protection regulations and review any codes of conduct that oblige them to confirm compliance.
This is the list of processors and sub-processors with whom we share your personal data:
Cloud sservice providers
EEA
Council of Europe Member States
Wemedoo subsidiaries
We may also share your personal data with our outside accountants, legal counsels, and auditors.
Moreover, we may disclose your personal information to third parties:
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation;
- to prevent and detect fraud or crime;
- in response to a subpoena, warrant, court order, or as otherwise required by law.
Please note that personal information may be disclosed or transferred as part of, or during negotiations of, a merger, consolidation, sale of our assets, as well as equity financing, acquisition, strategic alliance or in any other situation where personal information may be transferred as one of the business assets of Wemedoo.
We do not have a list of all third parties we share your data with. However, if you would like further information about who we have shared your data with, you can request this by contacting us at info@wemedoo.com.
7. INTERNATIONAL TRANSFER OF YOUR PERSONAL DATA
We may transfer your personal data to countries other than the one you reside in. In that case, we will also apply appropriate technical and organizational measures to ensure an adequate level of security in respect of all personal data we process. If the Data Protection Law applies to you, we make sure that such transfer is made:
- to the countries within the EEA;
- to the countries which ensure an adequate level of protection;
- to the countries which do not belong to those specified under item 1. and 2, but only by applying the appropriate safeguard measures (such as Standard Contractual Clauses adopted by the European Commission).
If you would like to obtain more information about these protective measures, please contact us at info@wemedoo.com.
Your personal data is stored on servers located in EEA.
8. HOW LONG DO WE KEEP YOUR DATA?
The period for which we store your personal data depends on a particular purpose for the processing of personal data, as explained in detail in Section 3. We retain personal data for as long as we reasonably require it for legal or business purposes, particularly those related to clinical trials. In determining data retention periods, we take into consideration the applicable law (see Section 17 of the General Terms of Service), including rules and regulations on clinical trials, our contractual obligations, and the expectations and requirements of our Clients.
However, it is important to note that certain clinical trial regulations and laws, such as the EU Clinical Trial Regulation 536/2014, require us to retain (or not delete) personal data for specific periods, which are often longer than those mandated by the applicable data protection laws. This means that we must retain your personal data for the periods mandated by these regulations, even if they are longer than the periods prescribed by the applicable data protection regulations.
Furthermore, as an exception to the retention periods from Section 3, your data may be processed to determine, pursue, or defend claims and counterclaims.
In any case, when we no longer need personal information, or when you legitimately request us to delete your information and the applicable retention rules and regulations do not prevent us from doing so, we will securely delete or destroy it.
9. YOUR RIGHTS
Given that fairness and transparency are our cornerstone principles, we wanted to remind you of the rights that you have as a Data Subject. These rights may be exercised by Data Subject when Wemedoo operates as a Data Controller.
If your inquiry or exercise of any of the Data Subject's rights relates to the data processed by the Client as a Data Controller as explained in Section 3.2 of the Privacy Policy, please contact the Client (the company whose representatives created your User Account or requested creation of your User Account).
In the event Wemedoo receives a request for exercising any of these rights directly from a Data Subject, we are obliged to notify the Client before responding to such a request.
Right of Access
You can send us a request for a copy of the personal data we hold about you.
We have ensured that appropriate measures have been taken to provide such in a concise, transparent, intelligible, and easily accessible form, using clear and plainlanguage. Such information is provided in writing free of charge. It may be provided by other means when authorized by the Data Subject and with prior verification as to the subject's identity.
Information is provided to the Data Subject at the earliest convenience, but at a maximum of 30 days from the date the request was received. Where the provision of information is particularly complex or is subject to a valid delay, the period may be extended by two further months where necessary.
Right to Object to Processing
You have the right to object to the processing of your personal data where that processing is being undertaken based on the Data Controller’s legitimate interest. In such a case the Data Controller is required to cease processing your data unless they can demonstrate adequate grounds that override your objection.
Right to Correction of Your Personal Data
If your personal data processed by the Data Controller is incorrect, you have the right to request that we correct those data. When notified of inaccurate data by the Data Subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them.
Right to Erasure
You have the right to request that your personal data is deleted in certain circumstances, such as:
- The personal data are no longer needed for the purpose for which they were collected;
- You withdraw your consent (where the processing was based on consent);
- You object to the processing and no overriding legitimate grounds are justifying processing the personal data;
- The personal data have been unlawfully processed; or
- To comply with a legal obligation.
However, this right does not apply where, for example, the processing is necessary:
- To comply with a legal obligation (such as, for example, compliance with retention periods from applicable clinical trials rules and regulations); or
- For the establishment, exercise, or defense of legal claims.
In case the User wants their User Account to be deactivated, the User should contact the Admin, who has the adequate permissions to deactivate the User Account. Please note that some data will be kept for our internal business purposes, legal, financial, and accounting purposes in accordance with Section 12. of General Terms of Service.
Right to Restriction of Processing
You can exercise your right to the restriction of processing in the following situations:
- if the accuracy of the personal data is contested,
- you consider the processing unlawful, but you do not want your personal data to be erased,
- we no longer need the personal data, but you require it for the establishment, exercise or defense of legal claims or you have objected to the processing and verification.
Right to Data Portability
Where you have provided personal data to us, you have the right to receive such personal data back in a structured, commonly used and machine-readable format, and to have those data transmitted to a third-party without hindrance, but in each case only where:
- The processing is carried out by automated means; and
- The processing is based on your consent or the performance of a contract with you.
Right to Withdraw the Consent
If you have provided your consent to the collection, processing, and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing (such as compliance with a legal obligation, for example from rules and regulations on clinical trials).
Right to Lodge a Complaint
If you have any concerns or requests in relation to your personal data, please contact us at info@wemedoo.com and we will respond as soon as possible but not later than 30 days.
If you are unsatisfied with our response, you may also contact the competent supervisory authority at your country of residency or Federal Data Protection and Information Commissioner, Feldeggweg 1, CH - 3003 Berne, telephone number: +41 (0)58 462 43 95, e-mail: info@edoeb.admin.ch, website: https://www.edoeb.admin.ch/edoeb/en/home.html.
10. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our Privacy Policy will be posted on this page and where appropriate may be notified to you by email or advised to you on the next login to ePRO. If you continue with the use of the Tool after the changes were implemented, that will signify that you agree to any such changes.
ACCEPTABLE USE POLICY
To ensure our Tools and Services remain efficient and run smoothly, we are asking all our users (regardless of whether they are Clients, Participants, Employees, doctors and medical staff, or any other user accessing the Tools) to use them responsibly and to comply with the following rules of acceptable use (as applicable):
- Users shall not conduct web or data scraping on or related to the Tools, including without limitation collection of data through any software simulating human activities, any bot, or web crawler.
- Users are obliged not to automate access to the Tool or Service, including, without limitation, through the use of APIs, bots, scrapers, or other similar devices.
- Users shall not access the Tool with the purpose to build a competitive product or service, a product using similar ideas, features, functions, or graphics, or copy any ideas, features, functions, or graphics.
- Information that users provide to us/on the Tool must be complete, accurate, and up-to-date. This pertains to all the information necessary for registration purposes, company information, and agreement-related information. Use of a false identity and fraudulent activity is strictly forbidden on the Tool.
- Each account may be used solely by the authorized user, and each user is obliged to prevent any third parties from using the account individually or simultaneously with them.
- Users are obliged to undertake all necessary measures to maintain the security of their account and credentials for logging in. Wemedoo shall not be held liable for any loss, damages, or expenses arising from a user’s failure to comply with this obligation. Users shall be solely liable for any losses, damages, liabilities, and outlays incurred by Wemedoo or any third party which is the result of unauthorized use of the account. In case of the discovery of any unauthorized use of the account, users should notify us without delay by sending an email to info@wemedoo.com.
- Users shall not be engaged in any activity violating the privacy of others, or any misuse or unlawful processing of personal data, nor will users publicly display or use the Tool to share any inappropriate content or material. Users are obliged to refrain from violating any applicable law or regulations in connection with the users’ use of the Tool, or Service.
- Users shall not misrepresent themselves,or disguise the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Wemedoo or any third party).
- Users shall not use the services to violate the privacy of others, including publishing or posting other people's private and confidential information without express permission or other applicable legal ground, or collecting or gathering other people’s personal information (including account names or information) from our services.
- Users shall not use the services in furtherance of any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws).
- Users shall not post, upload, share, submit, or otherwise provide content that:
- Violates or infringes the intellectual property or other rights of Wemedoo or a third party, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right, or where we receive notice of alleged violation or infringement;
- Users don’t have the right to submit;
- Is false, misleading, deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful, sexually explicit, indecent, harassing, or hateful;
- Depicts, promotes, or encourages serious harm or any form of violent, illegal, tortious, or dangerous conduct;
- Contains viruses, bots, worms, scripting exploits, or other similar materials;
- Is intended to be inflammatory;
- Could otherwise cause injury, damage, death, or credible risk of harm to Wemedoo, the services, its users, or any third party;
- Has been previously removed for violating the policy.
The Client is fully responsible for all the activities and conduct that occur under Accounts registered on their behalf and used for accessing the Tool.
Please note that Wemedoo reserves the right to take action against any content or behavior that contradicts the spirit of this policy, even if it is not explicitly mentioned here. If an action resembles or aligns with the prohibited activities listed above, we may still intervene.
GENERAL TERMS OF SERVICE
Welcome to oomnia.
oomnia is owned and operated by Wemedoo AG, with a registered seat at Sumpfstrasse 24, 6312 Steinhausen, Switzerland, CIN: CHE-290.176.074, VAT number: CHE-290.176.074 MWST (hereinafter: “Wemedoo”, or “we”). Wemedoo develops digital health innovative solutions and services enabling medical data interoperability, across all systems and teams. By accepting this document, you will gain access to the following oomnia tools (jointly “Tools and individually a “Tool” or “Software”):
- oomnia ct, which supports clinical trials conducted by Clients and having EDC, RTSM, ETMF, CTMS, and lab management as integrative parts (“oomnia ct”);
- ePRO oomnia, which supports clinical trials conducted by Clients and enables Participant participation in clinical trials by filling in the available questionnaires (“ePRO oomnia”); and
- eConsent oomnia, which supports clinical trials conducted by Clients by enabling the patients – clinical trial participants – to provide an electronically signed informed consent for participation in clinical trials conducted by Clients (“eConsent oomnia”).
We have prepared these General Terms of Service to encompass all these solutions and services in a comprehensive, yet easy-to-understand manner for all Clients of Wemedoo. “Client” means the entity on behalf of which this Contract is accepted or, if that does not apply, the individual accepting this Contract.
If you (the person accepting this Contract) are accepting this Contract on behalf of your employer or another entity, you agree that: (i) you have full legal authority to bind your employer or such entity to this Contract, and (ii) you agree to this Contract on behalf of your employer or such entity.
If you are accepting this Contract using an email address from your employer or another entity, then: (i) you will be deemed to represent that party, (ii) your acceptance of this Contract will bind your employer or that entity to these terms, and (iii) the word “you” or “Client” in this Contract will refer to your employer or that entity.
By clicking on the “Agree” (or similar button or checkbox) that is presented to you at the time of registration, or by using or accessing the Tools, you confirm you are bound by this Contract. If you do not wish to be bound by this Contract, do not click “Agree” (or similar button or checkbox), or use or access the Tool.
Wemedoo reserves the right to conduct all the necessary background checks in order to confirm whether your company is registered in accordance with applicable laws and currently valid (e.g., the company is not involved in bankruptcy procedure), as well as whether you have the capacity to represent the Client.
In the case of the validation procedure, Wemedoo may engage a service provider. During the background check, we will process data relating to companies and, therefore, will not collect data that falls under the category of personal data under the Data Protection Law as defined in our Privacy Policy. However, since during the background check some personal data might be processed (e.g. persons engaged within the company, company’s representatives, etc.) we may come into possession of certain personal data. If you would like to get more information on our service providers or how we collect personal data, please see our Privacy Policy.
With respect to the background check, we will make all commercially reasonable efforts to validate a company that uses the Tool to support its services and to do so as soon as possible. In case we encounter any problems in that regard, we reserve the right to contact the company directly. However, we do not take responsibility for information about the company, its services, obligations, offers, documents, or any activity by the company via our Tools.
If you are a Client, please note that, by accessing, using, or attempting to use the Tools and Services of Wemedoo, you enter into a legally binding contract with Wemedoo and agree to these General Terms of Service, Product-Specific Terms of Service to the extent they apply to the Tool you chose to use, Agreement between Wemedoo and Client (provided you entered into such an agreement with Wemedoo), Privacy Policy that applies to the Tool you chose to use, and Acceptable Use Policy.
If you are a person or an entity who accesses the Tools and Services either because you are employed at the Client, or are a doctor, clinical research organization or its employee, or any other type of user who accesses the Tools or uses our Services, you do not need to read all these documents - only User Notice, Acceptable Use Policy and Privacy Policy apply to you. Please read each document that is relevant to you carefully.
In case you are interested in knowing about how we process your personal data, please see our Privacy Policy.
- DEFINITIONS
- FEE FOR USING THE TOOLS
- AUTHORIZATION TO USE
- MODIFICATIONS OF THE TOOLS AND THE TOS
- ELECTRONIC COMMUNICATIONS
- CONFIDENTIALITY
- INTELLECTUAL PROPERTY
- CLIENT CONTENT AND PERSONAL DATA PROTECTION
- WARRANTIES DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- TERMINATION
- SEVERABILITY
- NOTICES
- NO WAIVER
- THIRD-PARTY SERVICES AND WEBSITES
- GOVERNING LAW, DISPUTE RESOLUTION
- NO CLASS ACTION
- ASSIGNMENT
- ENTIRE CONTRACT
1. DEFINITIONS
In these General Terms of Service, the listed terms shall have the following meaning:
behavior in respect of use of our Tools and Services.
Product-Specific Terms of Service, Agreement between
Wemedoo and Client, Acceptable Use Policy, and Privacy Policy,
concluded between Wemedoo and Client or User.
The account assigned to the Client, whose purpose is to enable
the Client to access and use Service and manage the Client
Content.
One or more clinical trials conducted by the Client and supported
by the Tool.
it is not publicly available, nor available to third parties; any
information whose use or disclosing could bring economic
benefit, and whose holder marked it as confidential or as
information to be considered confidential based on the
circumstances in which it is being disclosed; and whose
disclosing to a third party or use contrary to the Contract could
cause damage to Disclosing Party (as defined herein).
Confidential Information shall be protected in any nature
whatsoever, including information provided or exchanged in oral
form or electronic form, in documents, the information contained
in physical objects, software or material samples.
Users and Clients, including but not limited to information, data,
text, photographs, videos, audio clips, software, scripts,
graphics, and interactive features generated, provided, or
otherwise made accessible on or through the Tool.
Any dispute, controversy, claim, action, or dispute between
Client/User and Wemedoo arising out of or related to:
Contract, including but not limited to the breach,
enforcement, interpretation, or validity of this Contract;
Service;
Tool.
.
Compensation which Client is obliged to pay to Wemedoo for
using its Tools and/or Services in accordance with the Agreement
between Wemedoo and Client
Intellectual Property Right shall mean any intellectual property
rights and other similar property rights in any jurisdiction,
regardless of whether or not intellectual property rights are
registered and whether intellectual property rights are in the
ownership or under an intellectual property licensing agreement
with any third party, including all rights and interests related to
or arising from:
a) patents and use of patents, review, an extension of
contracts to which the right related; inventions, invention
announcements, discoveries, and improvements, whether
or not patentable;
b) computer software and/or firmware including data files,
source code, object code, software specifications and
documentation;
c) original works of authorship, whether or not could be
protected by copyright;
d) trade secrets (including confidential information defined
by laws, statute law and common law), business
information, technical information and know-how,
unpublished information, as well as confidential
information and rights related to disclosure limitations by
any person;
e) trademark, business name, brand mark, certification
mark, service name, brand, recognizable appearance and
logo, industrial design, as well as goodwill related to the
stated;
f) ownership databases, a compilation of data and all
documentation related to the above-mentioned, including
manuals, memoranda, and records;
g) domain names;
h) licenses related to all of the above-mentioned,
Ability of a natural person or legal entity to enter into and be
bound by legal agreements and to perform the obligations set
forth in those agreements, determined in accordance with all
laws and regulations applicable to that natural person or legal
entity.
A natural person whose information is being processed within the
Tool in relation to Client Service. Participants’ data are
anonymized so that their data available on the Tool can’t be
linked to the actual person. Participants don’t have access to the
Tools.
Wemedoo and/or Client.
The policy available on our website for each oomnia ct, ePRO
oomnia, and eConsent oomnia, which explains how we collect,
share, and use your personal data, as well as how you can
exercise the rights you have as a data subject. Visit our Privacy
Policy by clicking here.
Product-Specific Terms are those that apply only to certain
Tools, available here.
Any accidental, unauthorized, or unlawful loss, alteration,
destruction, disclosure of, or access to any personal data
contained in the Client Content (or, depending on the modules in
the Tool chosen by the Client, Wemedoo Content)
Making the Tools available to Clients and Users, in full or in part,
including any updates, upgrades, enhancements, modifications,
new features, programs, and tools.
An Agreement concluded between Wemedoo and the Client
regulating the right of the Client to use the Service and the
obligation of the Client to pay for the Services. In case of any
discrepancy between TOS and Agreement between Wemedoo
and Client, the provisions of Agreement between Wemedoo and
Client shall prevail. The provisions of TOS will apply to
everything that is not regulated by Agreement.
The rules governing the use of the Service and the Tools,
including these General Terms of Service and the Product-
specific Terms of Service.
2. FEE FOR USING THE TOOLS
In order for Client and Users to use Tools and their benefits, the Client must pay the Fee in accordance with the provisions and conditions indicated in the Agreement between Wemedoo and Client.
3. AUTHORIZATION TO USE
When accessing each of the Tools, in consideration of Client’s acceptance to this Contract and payment of all applicable fees, Client is granted a limited, non-exclusive, non- transferable (or restrictedly-transferable), non-perpetual, revocable authorization to access and make use of the Services solely for their internal business purposes during the term of the Contract, in accordance with the Contract and any other instructions on oomnia, including the Acceptable Use Policy.
Grant of the authorization to access and use Tools provided to Client by Wemedoo is expressly conditioned on Client paying all fees due and full performance of Client’s other corresponding obligations hereunder. Parties agree that Wemedoo does not provide Client with any copies of Software (including the copies of source code) nor the right to use Tool on any backup equipment not previously approved by Wemedoo.
Client may authorize Users to access and use the Tools, in accordance with these TOS. Client is responsible for its Users’ compliance with this Contract and all activities of its Users, including how Users access and use Client Data.
Client must ensure that each User keeps its login credentials confidential and must promptly notify Wemedoo if it becomes aware of any unauthorized access to any User login credentials or other unauthorized access to or use of the Tools.
The Client is responsible for ensuring that all Users have the Legal Capacity to use the Tools.
4. MODIFICATIONS OF THE TOOLS AND TOS
To provide you with the best possible user experience, we may change and update the Tools occasionally. Such changes primarily involve adjusting the content and functionalities of the Tool, but also interrupting the operation of the Services or removing certain parts of the Tool. In addition, Wemedoo reserves the right to amend, limit, or delete any part of the Tool, as it finds appropriate.
Please note that in such situations, the Tool may be temporarily unavailable. Unless otherwise stipulated in the Agreement between Wemedoo and Client, we will make the maximum reasonable effort to shorten the time during which the Tool is unavailable and enable the functioning of the Tool again as soon as possible.
Besides, Wemedoo may revise and update the Terms of Service or any part of the Contract at any time. We caution you to review Terms of Service posted on the Tool periodically.
Any changes shall enter into force upon being published on the Tool(including information delivered via email) and/or after at least 10 days upon the receipt of the notification from us. Your continued access or use of the Tool after any such change will constitute the acceptance of these changes. Thus, if you do not agree with the amended terms of the Contract, we kindly ask you to stop using the Tool immediately.
5. ELECTRONIC COMMUNICATIONS
By accepting these General Terms of Service, you agree to be bound by this Contract – made in an electronic form. Additionally, visiting the Tools or sending emails to Wemedoo shall constitute electronic communications. Under these General Terms of Service, Client gives consent to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications that are provided by Wemedoo electronically (via email or mobile), satisfy any legal requirement that such communications be in writing.
6. CONFIDENTIALITY
Parties acknowledge that during the validity period of the Contract, Parties may disclose to each other Confidential Information, which shall remain the sole property of the Disclosing Party, and the Receiving Party shall have no interest in or rights with respect thereto, except as otherwise expressly set forth in Contract. For the purpose of this Contract, the “Disclosing Party” is a Party disclosing its Confidential Information to the other Party, whereas the “Receiving Party” is a Party receiving such Confidential Information.
Parties agree to fully preserve the confidentiality of all Confidential Information received from the other Party during the term of the Contract and 10 (ten) years after it is terminated, regardless of the reason. Notwithstanding anything to the contrary contained in this Contract, all personal data shall be maintained in confidence in perpetuity and all trade secrets disclosed shall be held in confidence for as long as the information is protected by applicable trade secret law.
Each Receiving Party agrees:
- to hold all Confidential Information received from the Disclosing Party in strict trust and confidence in accordance with the Contract and along with any other information that may be received or become known to the Receiving Party as a result of the Contract and fair business practice;
- to refrain from using, assigning, or permitting others to use Confidential Information of the Disclosing Party in any manner or for any purpose not expressly permitted or required under the Contract and the applicable law;
- to comply with the Disclosing Party’s internal procedures aimed at safeguarding the Confidential Information and the restriction of its use;
- to disclose the Disclosing Party’s Confidential Information solely to the employees, representatives, or third parties explicitly permitted under the Contract (if applicable) on a need-to-know basis, who are subject to at least the same confidentiality obligation as those set herein;
- to protect all Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own Confidential Information, but no less than with the due care and diligence of a prudent businessman;
- to refrain from copying, distributing, making a written form or saving in an electronic form any material part of the Confidential Information, except to the extent necessary for the business relationship between the Parties, unless otherwise stipulated under the Contract;
- to notify the Disclosing Party in a timely manner of any actual or potential breach of confidentiality regarding the Confidential Information of the Disclosing Party;
- upon the request of the Disclosing Party, in accordance with the instructions from such request, at any time, to: (a) return all Confidential Information of the Disclosing Party; (b) destroy and/or permanently erase any and all items and material containing Confidential Information of the Disclosing Party, including any and all notes, reports, analysis, studies, consents, opinions, etc., that are in relation to or derived out of the Disclosing Party’s Confidential Information, along with any copies thereof; (c) provide evidence of such destruction and/or erasure.
Receiving Party is not allowed to:
- use Confidential Information of the Disclosing Party in any manner or for any purpose not explicitly permitted or required by this Contract;
- disclose or permit any third party to disclose Disclosing Party’s Confidential Information to any subject without previously obtaining Disclosing Party’s explicit prior written consent on a case-by-case basis;
- reproduce the Disclosing Party’s product or part thereof, to disassemble or dismantle to components any software or hardware or any part thereof that has been disclosed by the Disclosing Party.
In case of a breach of confidentiality, without limitation to the remedies available under the applicable law, the Disclosing Party may request from the Receiving Party:
- prohibition of, as well as the termination of any activities that may lead to the unlawful acquisition, use, or disclosure of Confidential Information;
- destruction or delivery of any and all items in the possession of the Receiving Party, and which contain the Confidential Information of the Disclosing Party;
- termination of the Contract; and
- all other remedies stipulated in the Agreement between Client and Wemedoo.
7. INTELLECTUAL PROPERTY
Unless otherwise indicated in the Contract, the Service, Tools, and the entire Wemedoo Content of any of the Tools (including but not limited to the original source code, Tool, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work, including offers and expense estimates, drawings, illustrations, calculations, brochures, catalogues, models, tools, test or demonstration programs, any documents, proposals, test programs and other items of Wemedoo relating to any Services made available to Client, as well as any other documents provided to Client by Wemedoo) are protected by Intellectual Property Rights of Wemedoo.
As between the parties, Client owns all intellectual property and other rights in Client Data provided to Wemedoo or used with the Tool.
In respect of each Tool, Clients have only the rights specified under section 3 of these General Terms of Service, Product-Specific Terms of Service, and Agreement between Wemedoo and Client, and are obliged to use the Tools in accordance with the Acceptable Use Policy. You do not acquire any other Intellectual Property Rights under this Contract. The Tool is made available on a limited-access basis, and no ownership right is transferred to any User, or Client irrespective of any possible use of terms such as “purchase” or “sale” in TOS or anywhere within the Tool or in correspondence between the Parties or anywhere within oomnia.
Any unauthorized use of the entire content of the Tool and/or any part of it, without the explicit written permission of Wemedoo, shall be deemed an infringement of Intellectual Property Rights. Within the shortest term upon the acknowledgment of any unauthorized use, Wemedoo shall take all legal remedies to protect its Intellectual Property Rights.
Any copying or downloading of the content of the Tool in part or whole is permitted only upon obtaining the explicit written consent of Wemedoo. Any and all derivative works to the Tool which are created pursuant to the Contract shall be owned by Wemedoo, whereas Client shall have the same rights and licenses to such derivative works as Client has on the Tool.
Any additional features or functionalities that may be enhanced to the Tool on the request of the Client shall remain the exclusive ownership of Wemedoo unless otherwise explicitly agreed in the Agreement between Wemedoo and Client.
Additionally, Wemedoo reserves all Intellectual Property Rights not expressly granted in this Contract or Agreement between Wemedoo and Client.
8. CLIENT CONTENT AND PERSONAL DATA PROTECTION
Use of Client Content
Client understands that Client is solely responsible for any Client Content uploaded, processed, entered, or otherwise transmitted in connection with their use of Service and/or Tool. By entering into this Contract, Client warrants, represents, and covenants that Client is the owner or has obtained a valid and enforceable license to use all Client Content. The Client further acknowledges that Wemedoo has no responsibilities regarding the accuracy of any Client Content provided by Client.
Neither Client Content shall infringe, misappropriate, or violate the rights of any subject (including both natural persons and entities), or any applicable law, rule, or regulation of any government authority of competent jurisdiction.
The Client acknowledges that Wemedoo is not obliged to monitor, otherwise audit, or remove any Client Content provided by the Client and that Wemedoo shall make no attempt to do so. Wemedoo holds the right to refuse, limit, or cancel Service, and disable Client’s access to Tool at its sole discretion, particularly in case the investigation of the purported violation of the Contract is conducted. In such event, Wemedoo is entitled to review Client Content provided by the Client to resolve the issue such as the harmful or unlawful activity of the Client.
Wemedoo shall only access, process, or use Client Content provided by Client to the extent necessary for the provision of Services and enabling the use of Tool. Wemedoo shall not intentionally grant access to Client Content provided by Client to any third party unless required by the applicable law or by a proper legal or governmental authority, in which case Wemedoo shall notify Client promptly of such demand and reasonably cooperate with Client to obtain a protective order or otherwise contest such required disclosure, at Client’s expense.
Storing and backup of Client Content will be done in accordance with the terms of the Agreement between Wemedoo and Client.
Without limiting the foregoing, any feature(s) of Service and/or Tool that may permit Client to temporarily save or otherwise store Client Content is offered solely for the Client’s convenience and Wemedoo does not guarantee that Client Content will be retrievable. Client is solely responsible for saving, storing, and otherwise maintaining Client Content, including by making backup copies on the appropriate independent systems not relying on Service and/or Tool.
Wemedoo holds the right to refuse, limit or cancel Service, disable Client Accounts, or remove or edit Client Content at its sole discretion. Therefore, in the event of the investigation of purported violations of the Contract or if Wemedoo suspects that Client provided illegal Client Content, Wemedoo reserves the right to review Client Content to resolve the issue (for instance, to prevent harmful or illegal activity). Wemedoo may also access Client Content when providing technical support or when performing other legal obligations under this Contract.
Nevertheless and unless we are specifically contracted to do so as a Service, Wemedoo has no obligation to: (i) monitor Client Content and shall make no attempt to do so; and (ii) remove any Client Content from the Tool.
Wemedoo shall not be held liable for any loss, damage, expense, or other harmful consequences to any User or Client resulting from the Client Content.
In the cases where Wemedoo provides Wemedoo Content pursuant to the particular Tool chosen by the Client, Wemedoo shall use reasonable effort to provide accurate, updated and correct Wemedoo Content, but the Client is familiar and acknowledges that Wemedoo does not warrant the accuracy, up-to-datedness or correctness of such Wemedoo Content and accepts sole responsibility for the Wemedoo Content.
Security Breach
External Security Breach: In case of a Security Breach, resulting from the actions of any person other than the Client’s employees, contractors, agents, etc., Wemedoo shall, upon the discovery of such Security Breach:
- initiate the appropriate remedies available under the applicable law and consistent with the industry standards;
- notify Client of such Security Breach, its nature and scope, as well as of the remedies intended to be undertaken by Wemedoo.
Internal Security Breach. In case of any Security Breach resulting out of the Client’s (including Client’s employees, contractors, agents, etc.) activities, or arising out of the Client’s failure to maintain its systems, networks, or Client Content (or, exceptionally, Wemedoo Content) in an appropriately secure manner, Client shall be responsible for undertaking adequate remedial actions. In such an event, Client shall immediately notify Wemedoo of such Security Breach and of the remedies intended to be undertaken by Client. Wemedoo holds the sole discretion to conduct any actions in order to prevent any harm to Client, Wemedoo, Tools, or third parties, which harm is a result of such Security Breach. The Client waives any right to file any claim against Wemedoo for possible losses incurred as a result of the activities of Wemedoo undertaken pursuant to this Contract.
Exposure risk
By entering into this Contract and/or using the Tool, you confirm that you understand and agree that providing and using cloud-based services involves risks of unauthorized disclosure or exposure of data and by accessing and using Tool, and you accept such risk. Wemedoo offers no representation or warranty that Client Content will not be exposed or disclosed through omissions, errors, or the unlawful activities of third parties.
Data Accuracy
Unless we are specifically contracted to do so as a Service, Wemedoo has no responsibility for the accuracy of data uploaded to the Tool by the User or Client, including without limitation any data uploaded by them.
Compliance with data protection laws
Providing the Service involves the processing of certain personal data (as defined in the Privacy Policy), including the processing of personal data of Users invited or enabled to use the Tool. Purposes and means of processing are determined by the Client and not by Wemedoo, resulting in the Client being the Data Controller. By providing Service Wemedoo acts as a Data Processor and processes personal data on behalf of and according to instructions provided by the Client. In some cases, Wemedoo may act as a Data Controller and in such an event Wemedoo shall ensure that it has a valid legal ground for the processing of data and that the personal data are collected solely for the purposes permitted under the applicable data privacy law.
According to all the applicable privacy legislation, the Client is fully responsible to ensure the legal grounds for processing the personal data as defined in the Privacy Policy, as well as for properly assessing the proportionality of the personal data processing. By entering into the Contract, the Client warrants and grants to Wemedoo that the Client has secured a valid purpose and legal basis to process personal data via the Service, including User’s personal data.
The Client warrants and grants that it has informed the data subjects (as defined in Privacy Policy) on all aspects of the processing via Service or Tool prior to the beginning of the processing, and that it has adopted the adequate policies and/or has undertaken necessary steps stipulated by the applicable data protection legislation, if applicable (such as, for instance, conducting a DPIA).
The Client shall indemnify, defend, and hold harmless Wemedoo in full and on demand from and against any and all liabilities, claims, demands, damages, losses, or expenses (including legal and other professional adviser’s fees and disbursements), interests and penalties incurred by Wemedoo arising out of or in connection with the Client’s breach of obligations stipulated in this paragraph.
Consequences of the Unlawful Use of Client Content
Wemedoo may, at its sole discretion, disable, close, temporarily, or permanently limit access to any Client Account without any notice to the Client in case Wemedoo becomes aware of:
- the illegal Client Content,
- activities that infringe on third-party’s Intellectual Property Rights, personal data, or any other right,
- any activities infringing these TOS.
- Wemedoo shall not be liable for any loss, damage, or undesirable consequences arising from such action.
9. WARRANTIES DISCLAIMER
Wemedoo represents and warrants that:
- Client’s use of Tool in accordance with Contract shall not infringe any third-party Intellectual Property Rights;
- Services provided to Client under Contract shall be performed with the reasonable care and skill;
- Tools shall conform in all material respects to the Agreement between Wemedoo and Client and all of its appendices
Service is provided on an “as is” and “as available” basis. Client understands that they use the Tool at their sole risk. Wemedoo will use commercially reasonable efforts to make Tool available 24 hours a day, 7 days a week, except:
- during a planned downtime (of which advance notice shall be given),
- during any unavailability caused by circumstances beyond the reasonable control of Wemedoo, including, for example, a force majeure event,
- due to internet problems outside the control of Wemedoo,
- due to bugs in code, hardware, or Services without a commercially known fix.
With the exception of the warranties explicitly set herein, Wemedoo disclaims any and all warranties of any kind or nature, whether express, implied, or statutory, including, but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Wemedoo does not warrant that the Tool will be error- free, that performance of the Tool will be uninterrupted, nor does Wemedoo make any representations with regard to use or the results of the use of the Tool in terms of accuracy, correctness, reliability, or otherwise. Any descriptions and/or representations available within the Tool or in any other place shall not constitute a warranty of quality.
Without prejudice to the generality of the previous provisions, Wemedoo does not warrant:
(a) fitness for a particular purpose, nor that Service will meet your specific requirements;
(b) accuracy or reliability of the results obtained from the use of the Service;
(c) correction of any errors in Service which may occur.
Wemedoo makes every effort to ensure that the Service will be uninterrupted, timely, secure, error-free, or of satisfactory quality. However, there still is a possibility that the Service will not fulfill these expectations, and Wemedoo will not warrant these expectations.
Wemedoo and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Tool and Service.
In addition, and not in lieu of other Client’s warranties contained herein, Client represents and warrants that:
- any instruction or request provided by Client in relation to the Tool or Service shall at all times be compliant with the applicable laws;
- any and all Client Content is at all times accurate, up-to-date and correct, as well as that the Client shall immediately replace any inaccurate and/or incorrect Client Content;
- the Client has a valid legal basis to collect personal data of their employees, other personnel, patients, and all the other data subjects whose personal data the Client processes via the Tools;
- the Client shall keep the password for login to the Tool secure and shall ensure it is not disclosed to any third party in any way, as well as to immediately notify Wemedoo in case of any indications that any unauthorized access or use of password has occurred.
Client will be solely responsible for any damage that Client may suffer resulting from the use of the Service. No written or oral information or advice provided by Wemedoo, or its authorized representatives shall be deemed as a warranty or in any way extend the scope of the obligations of Wemedoo.
Both Parties represent and warrant that:
- they have all requisite power, authority, and legal authorization to enter into this Contract, to carry out the obligations hereunder and to consummate the transactions contemplated hereby, as well as they are not the subject of any other obligation, compliance with which will or is likely to have a material adverse effect on their ability to perform their obligations under this Contract;
- provisions set forth in Contract constitute legal, valid, and binding obligations of such delivery and performance of Contract does not and shall not conflict with, result in a breach of, constitute a default under, or require the consent of any third party under any agreement or other obligation to which any Party is subject.
Each Party affirms and agrees that it is not relying on any facts, assumptions, statements, promises, materials or representations not expressly set forth in this
Contract, unless otherwise explicitly stipulated in the Agreement between Wemedoo and Client.
Without limiting the foregoing, the Tools are not designed or licensed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of Tools may result in death, personal injury or physical and/or environmental damage. Accordingly, the Contract excludes any high-risk activities (including previously enlisted examples), and Client agrees not to use the Tools in connection to such high-risk activities.
10. LIMITATION OF LIABILITY
General. Wemedoo has a role of an information society service provider, and it renders the Tool which supports clinical trials, studies and associated documentation. However, as Wemedoo does not initiate clinical trials or any Client Service, it is not responsible for Client Content, the communication between the Clients and its Participants, the Client’s and User’s behavior on the Tool, or in relation to their contractual obligations.
Consequently, we cannot be held liable for any incorrect information, behavior, omission, delay, non-compliance, or reduction of quality or quantity of the Client Service that our Clients provide to their patients.
Unless we are specifically contracted to do so as a Service, we do not change uploaded Client Content, we respect the conditions for Client Content access, act in accordance with the permitted application of data collection technologies, and update data upon your notification. Also, we will remove or disable access to the stored data immediately after learning that the data has been removed from transmission through the network or access to them has been disabled, as well as when the court, or other competent authority, has ordered their removal or disabling of access.
Wemedoo and/or its suppliers, employees, and representatives shall not be liable (to the maximum extent permitted by the applicable law) in any event for the following:
- any losses, damages, expenses, or other harmful consequences that occurred as a result of any Client use or inability to use the Tool;
- any installation, implementation, customization, or modification of the Tool conducted by any party other than Wemedoo, to the extent applicable;
- the failure of the Client to apply available updates, service pack, fix, or upgrade that would prevent the harmful event, if applicable;
- any unauthorized access to Client Content;
- any unauthorized use of the Client Account and its credentials for access to the Tool.
To the greatest extent permitted by the applicable law, under no circumstances shall Wemedoo and/or its suppliers, employees, and representatives be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for the loss of use, data, or profits, or business interruption) arising out of or in any way connected with:
- the use or performance of the Tool,
- the delay or inability to use the Tool and/or Service, including the provision of or failure to provide Service,
- Tool, Service, any products, information, or related graphics obtained through the Tool, or otherwise arising out of the use of the Tool, whether based on contract, tort, negligence, strict liability, or otherwise.
Liability Cap. In case any of the foregoing limitations occur to be unenforceable or in the event any liability of Wemedoo is established, to the maximum extent permitted under the applicable law, Client agrees that the entire aggregate liability of Wemedoo and Client’s sole remedy arising out of or related to Contract, Tool, or Service shall be limited to monetary damages that in the aggregate may not exceed the sum of any amount paid (if any) by that Client within twelve months preceding the delivery of the notice to Wemedoo regarding the dispute for which the remedy is sought. In the event Client did not have any obligations including any payments during such period, monetary damages shall not in aggregate exceed the sum of 100 EUR (one hundred Euros).
By entering into this Contract, you confirm that you understand and agree that this limitation of liability represents a reasonable allocation of risk and is the fundamental element of the Contract. Further, you understand that the Tool and Service, would not be provided without such limitations.
Taking into account that some of the limitations of liability stated in this section may not be applicable to the Client, due to the fact that certain countries do not allow the limitation of particular damages, you may have some additional rights. Regardless, in case any part of this section is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining parts of the applicable sections.
Exceptions. Mandatory liability of Wemedoo shall not be excluded if Wemedoo commits a willful breach of any of its obligations arising from the Contract, or in the event of death or personal injury caused by a defective item provided or produced by Wemedoo.
Notice for Clients. Wemedoo shall have no liability related to Client Services provided (or not provided) by the Client, any breach of applicable laws and regulations by the Client (including but not limited to breaches of Data Protection Laws), as well as any liabilities related to billing of the Client Services.
Force Majeure. Neither Party shall be liable for any violation of the obligations arising from this Contract due to a circumstance that could have not been reasonably foreseen and which is beyond the control of the Parties, such as, for instance, the force of nature, an act of a legislative or executive authority, war, civil unrest, the act of terror, strike, non-trivial cyber-attack, failure of a third-party hosting, internet failure, or any other circumstance qualifying as a force majeure under the applicable law. This exception shall apply solely to the extent that the respective circumstance prevented or hindered your or our performance of the Contract.
For the avoidance of doubt, this section has no intention of derogating or limiting the application of any statutory limitation or exclusion of liability, nor shall be construed to limit the amount of or excuse Client from any payment obligations pursuant to Agreement between Wemedoo and Client.
Wemedoo does not provide legal advice in terms of compliance, data privacy, or other relevant applicable laws in the jurisdictions in which the Client uses the Tool or Service.
Any statements made by Wemedoo to the Client shall not constitute legal advice.
11. INDEMNIFICATION
The Client agrees to indemnify and hold Wemedoo harmless from any and all demands, losses, liabilities, claims, or expenses (including any attorneys’ fees) made against Wemedoo by any third party due to, or arising out of, or in connection, with the Client’s use of the Tool and Service. This also applies to Client in connection with the use of the Tool and Service by Users registered on its behalf. Client’s obligation includes, but is not limited to demands, losses, liabilities, claims, or expenses arising out of:
- The use of Service and/or the Toolin violation of this Contract and/or any applicable law, and/or arising from a breach of this Contract and any applicable law;
- any third-party claim of infringement of copyright or other Intellectual Property Right, or invasion of privacy arising from hosting Client Content on the Tool, and/or making available Client Content to other Users of the Tool, and/or the actual use of Client Content by other users of the Tool or related Client Service in accordance with the Contract;
- any activity related to the Client Account (undertaken by you or other person accessing the Client Account, with or without your consent) unless such activity was caused by act or default of Wemedoo;
- Breach of Contract, use of Service, processing of personal data as part of Client Content, contributions to Service, infringement of any Intellectual Property Right or any proprietary or personal right.
Additionally, you shall defend, indemnify and hold harmless Wemedoo, its officers, directors, employees, contractors, agents and representatives from and against all claims made by, and all damages, liabilities, penalties, fines, costs and expenses payable to any third party, arising from the:
- breach of Contract,
- use of Service,
- processing of personal data,
- contributions to Service,
- infringement of any Intellectual Property Right or any proprietary or personal right.
Wemedoo shall defend, indemnify and hold Client harmless from any demand, loss, liability, claim, or expense (including any attorney’s fees) arising out of any third-party claim alleging that the Tool, used in accordance with Contract, infringes any third-party Intellectual Property Right, provided that: (1) the Client has immediately notified Wemedoo on such claim, (2) the Client has provided Wemedoo with reasonable assistance in the defence and investigation of such claim, and (3) the Client has granted an exclusive right to control and direct the investigation, defence, and settlement (if applicable) of such claim to Wemedoo. This indemnity is the sole liability of Wemedoo and the exclusive remedy for any infringement of Intellectual Property Rights in connection with the Tool provided under this Contract.
Exceptionally, the above indemnity from Wemedoo shall not apply if (a) the Tool is modified by any party other than Wemedoo, without its prior approval, to the extent the alleged infringement is caused by such modification; (b) the Tool is used combined with any equipment, product, software, or service not provided by Wemedoo, to the extent the alleged infringement is caused by such combining; (c) such claim arises from the Client’s unauthorized use of the Tool; (d) the Client makes any admissions or settlements with regard to such claim, without the prior written approval of Wemedoo.
12. TERMINATION
You are bound by this contract on the date stipulated in the Agreement between Wemedoo and Client, or when you start using or accessing the Tool. If you do not wish to be bound by the Contract, do not execute Agreement between Wemedoo and Client, i.e. use or access the Tool.
The Client may terminate the Contract:
- Immediately upon written notice to Wemedoo if Wemedoo commits a material breach of the Contract and does not remedy such breach in favour of Client within 15 (fifteen) Workdays after Client gives notice of such breach to Wemedoo. Any delays caused by the Client in submitting the job shall not count towards such period.
- immediately upon written notice to Wemedoo if Wemedoo commits an incurable breach. For the purpose of this Contract incurable breach means any breach or default of this Contract where a timely remedy is infeasible under the circumstances
Wemedoo may terminate the Contract:
- Immediately upon written notice to Client, if Client fails to pay due Fees owed to Wemedoo under Contract when due and does not make such payment within 8 (eight) Workdays after Wemedoo gives notice of such non-payment to Client;
- Immediately upon written notice to Client if Client commits a material breach to the Contract and does not remedy such breach in favour of Wemedoo within 15 (fifteen) Workdays after Wemedoo gives notice of such breach to Client;
- Immediately upon written notice to Client if Client commits an incurable breach. For the purpose of this Contract incurable breach means any breach or default of this Contract where a timely remedy is infeasible under the circumstances.
Furthermore, in the case that the Client engages in any conduct or activities that are identified by Wemedoo (at its sole discretion) as the violation of the Contract or the rights of Wemedoo or third parties, or otherwise inappropriate, Wemedoo may deny access to all or any part of Service or terminate Client Account with or without prior notice. Wemedoo is entitled to deny access to Service and Tool, terminate this Contract, or suspend Client Account without limitations.
In addition, Wemedoo has the right to, at its sole discretion, at any time and regardless of the reason, terminate the Tool and Service, this Contract, or suspend or terminate any Client Account(s). In such a case, Wemedoo shall notify Client via the email address designated when creating Client Account, or any other email address that you provided to Wemedoo.
Each Party may terminate the Contract for any reason by delivering 90 (ninety) days prior termination notice to the other Party. In such an event, the Client is obliged to reimburse Wemedoo with all Fees which are due on the day of termination.
Effects of Termination. Upon termination of the Contract for any reason, any Fees arising from the Contract shall be immediately due and payable. Any rights granted under the Contract shall immediately cease to exist and in such an event Client is obliged to promptly discontinue any use of Software and/or Services.
Survival in case of termination
In case the Contract is terminated, the following provisions shall survive:
- any provision stipulating the Clients obligation to pay the fee,
- Section 6 (Confidentiality),
- Section 7 (Intellectual Property),
- Section 9 (Warranties Disclaimer),
- Section 10 (Limitation of Liability),
- Section 11 (Indemnification),
- Section 17 (Governing Law, Dispute Resolution),
- Section 18 (No Class Action),
as well as any other provision of the Contract that must survive for the Contract to fulfill its essential purpose.
The survival of Agreement between Wemedoo and Client provisions is regulated by Agreement between Wemedoo and Client.
Data Download and Deletion
In case the Contract is terminated, the Client may request via email info@wemedoo.com all information (including entire Client Content) provided, input, or uploaded to Tool ’s databases.
Upon termination of the Contract, the Client’s Account(s) shall be irreversibly suspended and all Client Content will be anonymized in order to make it unreadable unless otherwise mandated by the applicable laws (in particular those relating to clinical trials).
Specifically, the Client understands that certain clinical trial regulations and laws, such as the EU Clinical Trial Regulation 536/2014, require us to retain (or not delete) personal data for specific periods, which are often longer than those mandated by the applicable data protection laws. This means that we must retain personal data from the Client Content for the periods mandated by these regulations, even if they are longer than the periods prescribed by the applicable data protection regulations. The Client also understands that Client Content may not be deleted but retained in anonymized (unreadable) form by Wemedoo also for statistical and analytical purposes. Please note that such statistical and analytical data do not contain any personal data. Without regard to the previous sentence, all Client Content, except anonymized and statistical data that do not contain personal data, shall be deleted upon the expiration of the 5 years after the termination of the Contract, unless applicable laws prescribe longer retention periods. Client may decide on Client Content and may dispose of, edit, or keep such information regardless of Users’ activities on the Tool.
13. SEVERABILITY
In case any provision of this Contract is found invalid by any court or arbitration having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Contract, which shall remain in full force and effect.
If any provision of the Contract violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.
14. NOTICES
The Client may deliver notices to Wemedoo to the following address: Sumpfstrasse 24, 6312 Steinhausen, Switzerland or via email to info@wemedoo.com.
Wemedoo may give notices to the Client via notifications within the Tool, via the email address associated with their account or (exceptionally) by hand, mail or courier to the address provided for that Client within the information available to us, as applicable.
Notice shall be deemed to have been received:
- the next day if given via notice on the Client account or via email,
- when delivered, if delivered by hand,
- at the time indicated in the courier receipt, if sent by courier,
- on the second workday following the date of posting, if sent by registered post. Workday shall have the meaning of workdays at Wemedoo 's registered seat.
Either Party may change its notice address or email address under this Contract with prior prompt written notice to the other Party sent in accordance with this Section.
15. NO WAIVER
Failure by Wemedoo to exercise or enforce any right or provision of TOS shall not constitute a waiver of such right or provision.
16. THIRD-PARTY SERVICES AND WEBSITES
In case Wemedoo enables access to data from another service provider through linking, Wemedoo does not carry any responsibility for such information.
The Tools may contain links to other websites which are in the ownership of other legal or natural persons. Each of such websites has its terms of use and privacy policy on handling personal data, and such terms and policies may differ significantly from the ones applicable to the use of Tools. Wemedoo has no control over such websites and shall not carry any responsibilities neither for the availability of those websites nor for the terms of use and privacy policies applicable to their visitors and users.
Placing links to third-party websites on the Tools does not represent any kind of recommendation or approval of services or products offered through such websites by Wemedoo.
17. GOVERNING LAW, DISPUTE RESOLUTION
Unless otherwise stipulated in the Agreement between Wemedoo and Client , this Contract shall be governed and construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions.
In the event of a dispute and before resorting to arbitration in line with the following paragraph, either Party must call for escalation and for designation of the executive with authority to make commitments that would resolve the dispute (a Senior Manager) by written notice to the other. The Parties’ Senior Managers shall meet in person or by telephone (Dispute Conference) within 10 (ten) Workdays from the date such written notice is received and shall negotiate in good faith to resolve the dispute. The Party initiating the Dispute Conference shall suggest at least 3 (three) time slots to the other Party. Except to the extent necessary to prevent irreparable harm or to preserve rights or remedies and unless the other Party fails to attend the Dispute Conference or refuses all of the three suggested time slots, neither Party shall initiate arbitration or litigation until 10 (ten) Workdays after the Dispute Conference.
Any dispute, controversy, or claim arising out of, or in relation to, the Contract, including regarding the validity, invalidity, breach, or termination thereof, shall ultimately be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre. The seat of the arbitration shall be Zurich. The arbitral proceedings shall be conducted in the English language. All aspects of such arbitration shall be conducted in the strictest confidence and treated as confidential information, and each Party agrees not to disclose any information concerning any dispute or arbitration hereunder to any person except as may be required by law or this Contract.
Notwithstanding the provisions above, Wemedoo may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.
18. NO CLASS ACTION
With the exceptions of events explicitly prohibited by law, as a condition of the use of Tool and/or Service, you agree that any and all Disputes shall be resolved individually, without resorting to any form of class action.
Any arbitration under TOS shall take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted.
PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
19. ASSIGNMENT
Neither Party may assign this Contract or any of its rights or obligations hereunder without the other Party’s express written consent, except that either Party may assign this Contract to the surviving Party in a merger of that Party into another entity or in the acquisition of all or substantially all that Party’s assets. An assignment authorized pursuant to the preceding sentence shall not become effective unless and until the assignee agrees in writing to be bound by all the assigning Party’s rights and obligations set forth in this Contract. Except to the extent forbidden in the previous provision, this Contract will be binding upon and inure to the benefit of the Parties’ respective successors and assigns.
20. ENTIRE CONTRACT
This Contract (as defined above and amended from time to time) together with, where applicable, Agreement between Wemedoo and Client constitutes the entire contract between you and Wemedoo relating to the subject matter hereof and supersedes all prior agreements and understandings between Parties with respect to that subject matter. Unless otherwise specifically prescribed in this Contract, the Contract may be amended only in writing in the form of a separate annex to be signed by both Parties. No action, conduct or behaviour of any of the Parties during the term of the contractual relationship can be interpreted as a waiver of this provision or as a proposal to amend this provision.
In case of conflict between any provision of the Contract and any statement, representation, or other information published on the Tool or contained in any other materials or communications, the provision of the Contract shall prevail.
In case of any discrepancy between TOS and Agreement between Wemedoo and Client, the provisions of the Agreement between Wemedoo and Client shall prevail.
The provisions of TOS will apply to everything that is not regulated by Agreement between Wemedoo and Client.
PRODUCT-SPECIFIC TERMS OF SERVICE
The following Product-Specific Terms of Service apply to the Wemedoo Tool and, where the Client accesses, uses or attempts to use such Tool(s), supplement the General Terms of Service or another agreement entered between Client and Wemedoo.
OOMNIA CT TERMS OF SERVICE
1. DEFINITIONS
Please note that capitalized terms used and not defined in the Product-Specific Terms of Service have the meanings given to them in the General Terms of Service.
Employees or otherwise engaged workers by the Client or Organization.
Any individual that Client authorizes to use the Tool. Users may include: (i) Client’s and its affiliates’ employees, consultants, contractors, and agents (ii) third parties with which Client or its affiliates transact business i.e. participate in a clinical trial such as Investigational center, Contract Research Organization, Sponsor, Investigational Medicinal Product (IMP) Supplier, doctors, and medical staff (iii) individuals invited by Client such as Participants participating in a clinical trial (iv) or any other type of user who accesses the Tools or uses our Services.
2. READ BEFORE REGISTERING
oomnia ct is focused on supporting clinical trials. The unified oomnia ct SaaS solution natively includes EDC, RTSM, CTMS, eTMF, and allows for real-time access to data and analytics across all tools, systems, and organizations.
If you become an oomnia ct User under Product-Specific Terms of Service, you will have your own account on the Tool linked to the Client Account, through which you may access all functionalities and features, including documents, reports, and similar in accordance with the specific terms of the Agreement between Wemedoo and Client.
Additionally, if you become an Admin under these Product-Specific Terms of Service, you will also be able to:
- represent your Organization,
- create the user accounts for your Employees,
- designate roles and permissions to your Employees within the Tool,
- create Organizations participating in the clinical trial,
- designate Organizations to the user accounts; exercise any additional rights in accordance with the terms of the Agreement between Wemedoo and Client.
3. WHO CAN USE THE TOOL?
Registration on oomnia ct can be made only by a natural person, and it is done by an Admin appointed either by Wemedoo or the Client.
By starting the registration process on the Tool, you guarantee that you have a full Legal Capacity to enter into this Contract.
Namely, our Service is primarily aimed at businesses and companies, so the core functionalities of the Tool will be available to the Employees, i.e. Users only when their account is linked to a specific Client which will allow the Employees, i.e. Users to effectively participate in trials via the Tool.
Activating the Admin account
Wemedoo will normally act as an Admin on behalf of its Clients and enable all the functionalities within the Tool to the Users according to the Clients’ instructions and the Contract.
Wemedoo can also enable the Clients’ representative to use the Tool as an Admin for the purposes of providing Client Service via the Tool.
When we verify your email address and activate your Admin Account, you will be granted the role of Admin within the Tool. As an Admin, you will be entitled to invite persons to join the Tool, create accounts for Users and designate roles and permissions to them within the Tool. The Admin who is using the Tool as the Client’s representative will be responsible and liable for authorizing Users who want to join the Tool in different roles.
Activating the User account
Users will receive an invitation from Admins to join the Tool and access a User account linked to the Client Account. For the purpose of creating a User account, Admin will add User’s personal data needed for the registration to the Tool, according to our Privacy Policy. Once the Account is registered, User will receive credentials via e-mail to access the Tool, including a password which must be changed afterward.
Please note that the Client is responsible for the activity of all the Users (including Admin) that are linked to the Client Account and registered on its behalf. Wemedoo has no liability in that regard.
4. USER ACCOUNT
As a User, you undertake to use your account only in accordance with the Contract and applicable laws.
To every account, there will be a system user role assigned, as well as a role within the designated Organization or Clinical trial.
Please note that the account also represents a means of communication between you and Wemedoo, as Wemedoo will notify you about all updates of the relevant Client Service via notifications.
5. THE PURPOSE AND FUNCTIONALITIES OF OOMNIA CT
oomnia ct is designed to support all clinical trial types and organizations regardless of their size. Users can access multiple trials on a single instance of the system along with their studies and associated documents.
Different personalized roles with specific permissions will be available for different users adapted for their actual role within the trial.
Some of oomnia ct functionalities include:
- Trial and Document Management
- Custom Reports
- Query Management
- Participant Reported Outcomes
- Electronic Data Capture
- Randomization and Trial Supply Management
You can find more information about oomnia ct functionalities here.
ePRO oomnia TERMS OF SERVICE
Please note that capitalized terms used and not defined in the Product-Specific Terms of Service have the meanings given to them in the General Terms of Service.
Employees or otherwise engaged workers by the Client or Organization.
Any individual that Client authorizes to use the Tool. Users may include: (i) Client’s and its affiliates’ employees, consultants, contractors, and agents (ii) third parties with which Client or its affiliates transact business i.e. participate in a clinical trial such as Investigational center, Contract Research Organization, Sponsor, Investigational Medicinal Product (IMP) Supplier, doctors, and medical staff (iii) individuals invited by Client such as Participants participating in a clinical trial (iv) or any other type of user who accesses the Tools or uses our Services.
2. READ BEFORE REGISTERING
ePRO oomnia tool enables Participants to directly report data through electronic devices such as smartphones, tablets, or web-based platforms, thereby improving data accuracy. It further encourages active Participant involvement in the clinical trial, fostering a sense of inclusiveness.
If you become a Participant under these Product-Specific Terms of Service, you will have your own Participant account on the Tool, through which you may:
- access questionnaires related to the trials you are taking part in,
- answer the questions from those questionnaires,
- view your answers from previously filled questionnaires.
Additionally, if you become an Admin under these Product-Specific Terms of Service, you will be able to:
- represent your Organization,
- access questionnaires submitted via the Tool, and view the answers provided by
the Participants who were invited by you to the Tool.
Please note that the Tool is not an agent or any sort of intermediary between the Clients who enter into any agreement with their Participants.
When providing solely the Software, Wemedoo is not a contractual party in any agreement concluded by and between the Client and their Participants, and does not participate in the Clinical trials conducted between the Client and the Participants. Hence, Wemedoo cannot be held liable for any incorrect information, behavior, omission, non-compliance, or reduction in the quality or quantity of service that our Clients provide to their Participants.
When contracted to perform data management or other Services related to the Clinical trials, Wemedoo is liable only for ensuring the accurate entry and management of information as provided by the Sponsor or Sponsor’s representative. In such scenarios, our liability is limited to the accuracy of data handling in accordance with the information provided to us.
3. WHO CAN USE ePRO oomnia?
Registration on the Tool can be made only by a natural person, and it is done by an Admin appointed either by Wemedoo or the Client. Additionally, Participant accounts can be registered by Employees as well.
By starting the registration process on the Tool, you guarantee that you have Legal Capacity to enter into this Contract.
An Admin or Employee must ensure that any User, who is a natural person, whom he causes to become a User (for example, by inviting the person to access the Service) has Legal Capacity.
Admins can also add Organizations participating in the Client trial. Namely, our Service is primarily aimed at businesses and companies, so the core functionalities of the Tool will be available to the Employees, i.e. Users only when their account is linked to a specific Client which will allow the Employees, i.e. Users to effectively participate in trials via the Tool. Also, Participants will be able to use the relevant functionalities of the Tool only if linked to the specific Clinical trials conducted by the Client.
Activating the Admin account
Wemedoo will normally act as an Admin on behalf of its Clients and enable all the functionalities within the Tool to the Users according to the Clients’ instructions and the Contract.
Wemedoo can also enable the Clients’ representative to use the Tool as an Admin for the purposes of providing Client Service via the Tool.
When we verify your email address and activate your Admin account, you will be granted the role of Admin within the Tool. As an Admin, you will be entitled to invite persons to join the Tool, create accounts for Employees and register the Participants, and designate roles and permissions to Employees within the Tool. The Admin who is using the Tool as the Client’s representative will be responsible and liable for authorizing Users who want to join the Tool and obtaining all the necessary permissions from the Users to join the Tool in different roles.
Activating the Employee Account and Registering the Participants
Employees will receive an invitation from the Admin to join the Tool and access an Employee account. For the purpose of creating an Employee account, Admin will add Employee’s personal data needed for registration to the Tool, according to our Privacy Policy. Once the Employee account is registered, Employee will receive credentials via e- mail to access the Tool, including a password which can be changed afterward.
Participant are being invited to the Tool by Employees. For the purpose of registering a Participant on the Tool, Employee will add Participant’s personal data needed for registration to the Tool, according to our Privacy Policy. Afterward, the Participant will receive a link to access the Tool and verify their account via a single-use code to an email, or an SMS message to a phone number.
Further, every Participant will be asked to give informed and explicit consent, via that link, for participation in a trial conducted by the Client. The consent is recorded through the Participant’s digital signature and the Client Employee’s digital signature in the form of a PDF document that becomes available to all signatories.
Please note that the Client is responsible for the activity of all the Users (including Admin) that are registered on its behalf and Participants registered by its Employees all linked to the Client Account. Wemedoo has no liability in that regard.
4. USER ACCOUNT
As a User, you undertake to use your account, only in accordance with the Contract and applicable laws.
To every account, there will be a system user role assigned, as well as a role within the designated Organization or Clinical trial. This does not apply to Participants who will not have User accounts, but will instead access the Tool via link and one-time password, as explained above.
Please note that the account also represents a means of communication between you and Wemedoo, as Wemedoo will provide necessary instructions for the use of the Tool and might notify the User about potential updates of the relevant Client Service via notifications on the Tool.
5. THE PURPOSE AND FUNCTIONALITIES OF ePRO oomnia
The Tool is designed to support all clinical trial types and organizations regardless of their size. Participants can access multiple questionnaires on a single instance within the Tool where they can provide required answers. Those answers are later on used on other Tools for conducting the Clinical trials.
Main functionalities of ePRO oomnia tool include:
- accessing questionnaires related to the trials Participants are taking part in,
- answering the questions from those questionnaires,
- viewing the answers from previously filled questionnaires by the Participants.
- submitting the questionnaires and viewing the answered versions by the Client.
You can find more information about ePRO oomnia functionalities here.
eConsent oomnia TERMS OF SERVICE
1. DEFINITIONS
Please note that capitalized terms used and not defined in the Product-Specific Terms of Service have the meanings given to them in the General Terms of Service.
Employees or otherwise engaged workers by the Client or Organization.
.
Any individual that Client authorizes to use the Tool. Users may include: (i) Client’s and its affiliates’ employees, consultants, contractors, and agents (ii) third parties with which Client or its affiliates transact business i.e. participate in a clinical trial such as Investigational center, Contract Research Organization, Sponsor, Investigational Medicinal Product (IMP) Supplier, doctors, and medical staff (iii) individuals invited by Client such as Participants participating in clinical trial (iv) or any other type of user who accesses the Tools or uses our Services.
2. READ BEFORE REGISTERING
If you become a User under Product-Specific Terms of Service, you will have your own account on the Tool linked to the Client Account.
a) If you are using the Tool on behalf of the Client you will be able to:
- access multiple trials simultaneously, system modules;
- provide answers to Participants;
- conduct statistical analyses based on collected data.
b) If you are using the Tool as a Participant, you will be able to:
- fill out questionnaires;
- give explicit consent for Clinical trials;
- ask questions to Users who are conducting clinical trials.
Additionally, if you become an Admin under these Product-specific Terms of Service, you will also be able to:
- represent your Organization,
- create the accounts for your Employees,
- create Participants’ accounts,
- designate roles and permissions to your Employees within the Tool.
Please note that the Tool is not an agent or any sort of intermediary between the Client who enters into any agreement with their Participant.
When providing solely the Software, Wemedoo is not a contractual party in any agreement concluded by and between the Client and their Participants, and does not participate in the Clinical trials conducted between the Client and the Participants. Hence, Wemedoo cannot be held liable for any incorrect information, behavior, omission, non-compliance, or reduction in the quality or quantity of service that our Clients provide to their Participants.
When contracted to perform data management or other Services related to the Clinical trials, Wemedoo is liable only for ensuring the accurate entry and management of information as provided by the Sponsor or Sponsor’s representative. In such scenarios, our liability is limited to the accuracy of data handling in accordance with the information provided to us.
3. WHO CAN USE eConsent oomnia TOOL?
Registration on the Tool can be made only by a natural person, and it is done by an Admin appointed either by Wemedoo or the Client. Additionally, Participant accounts can be registered by Employees as well.
By starting the registration process on the Tool, you guarantee that you have Legal Capacity to enter into this Contract.
An Admin or Employee must ensure that any User, who is a natural person, whom he causes to become a User (for example, by inviting the person to access the Service) has Legal Capacity.
Admins can also add Organizations participating in the Client trial. Namely, our Service is primarily aimed at businesses and companies, so the core functionalities of the Tool will be available to the Employees, i.e. Users only when their account is linked to a specific Client which will allow the Employees, i.e. Users to effectively participate in trials via the Tool. Also, Participants will be able to use the relevant functionalities of the Tool only if linked to the specific Clinical trials conducted by the Client.
Activating the Admin account
Wemedoo will normally act as an Admin on behalf of its Clients and enable all the functionalities within the Tool to the Users according to the Clients’ instructions and the Contract.
Wemedoo can also enable the Clients’ representative to use the Tool as an Admin for the purposes of providing Client Service via the Tool.
When we verify your email address and activate your Admin account, you will be granted the role of Admin within the Tool. As an Admin, you will be entitled to invite persons to join the Tool, create accounts for Employees and Participants, and
designate roles and permissions to Employees within the Tool. The Admin who is using the Tool as the Client’s representative will be responsible and liable for authorizing Users who want to join the Tool and obtaining all the necessary permissions from the Users to join the Tool in different roles.
Activating the Employee Account and Registering the Participants
Employees will receive an invitation from the Admin to join the Tool and access an Employee account. For the purpose of creating an Employee account, Admin will add Employee’s personal data needed for registration to the Tool, according to our Privacy Policy. Once the Employee account is registered, Employee will receive credentials via e- mail to access the Tool, including a password which can be changed afterward.
Participants are being invited to the Tool by Employees, but will not have User Accounts. For the purpose of registering a Participant on the Tool, Employee will add Participant’s personal data needed for registration to the Tool, according to our Privacy Policy. Afterward, the Participant will receive a link to access the Tool and verify their account via a single-use code to an email, or an SMS message to a phone number.
Further, every Participant will be asked to give informed and explicit consent, via that link, for participation in a trial conducted by the Client. The consent is recorded through the Participant’s digital signature and the Client Employee’s digital signature in the form of a PDF document that becomes available to all signatories.
Please note that the Client is responsible for the activity of all the Users (including Admin) that are registered on its behalf and Participants registered by its Employees all linked to the Client Account. Wemedoo has no liability in that regard.
4. USER ACCOUNT
As a User, you undertake to use your User account only in accordance with the Contract and applicable laws.
To every account, there will be a system user role assigned, as well as a role within the designated Organization or Clinical trial. This does not apply to Participants who will not have User accounts, but will instead access the Tool via link and one-time password, as explained above. Please note that the account also represents a means of communication between you and Wemedoo, as Wemedoo will notify you about all updates of the relevant Client Service via notifications.
5. THE PURPOSE AND FUNCTIONALITIES OF THE TOOL
eConsent oomnia is designed to support all Clinical trial types and organizations regardless of their size and to enable Participants to give their informed and explicit consent to take part in those Clinical trials. On the eConsent oomnia Tool, Participants are also able to acquire information on the Clinical trials in which they are participating.
Clients and their Employees can access multiple Clinical trials on a single instance of the system.
Different personalized roles with specific permissions will be available for different Employees adapted for their actual role within the Clinical trial.
Questions and Answers section of the Tool enables Participants to ask their questions and send inquiries regarding the Clinical trials and Employees to provide Participants with answers and all the necessary information.
You can find more information about eConsent oomnia functionalities here.
USER NOTICE
Welcome to oomnia.oomnia is owned and operated by Wemedoo AG, with a registered seat at Sumpfstrasse 24, 6312 Steinhausen, Switzerland, CIN: CHE-290.176.074, VAT number: CHE-290.176.074 MWST (hereinafter: “Wemedoo”, or “we”). Wemedoo develops digital health innovative solutions and services enabling medical data interoperability, across all systems and teams. By accepting this document, you will gain access to the following oomnia tools (jointly “Tools” and individually a “Tool”):
- oomnia ct, which supports clinical trials conducted by Clients and having EDC, RTSM, ETMF, CTMS and lab management as integrative parts (“oomnia ct”);
- ePRO oomnia, which supports clinical trials conducted by Clients and enables Participant participation in clinical trials by filling in the available questionnaires (“ePRO oomnia”); and
- eConsent oomnia, which supports clinical trials conducted by Clients by enabling the patients – clinical trial participants – to provide an electronically signed informed consent for participation in clinical trials conducted by Clients (“eConsent oomnia”).
If you are a person or an entity who accesses the Tools and Services of Wemedoo (either because you are employed at the Client, or are a doctor, medical staff, clinical research organization or its employee, or any other type of user, other than the Client, that accesses the Tools or uses our Services), this User Notice applies to you. Please note that, by accessing, using, or attempting to use the Tools and Services of Wemedoo, you enter into a legally binding contract with Wemedoo and agree to this User Notice, our Privacy Policy, and our Acceptable Use Policy (hereinafter: “Agreement”).
Hence, please read each of these documents carefully.
In case you are interested in knowing about how we process your personal data, please see our Privacy Policy.
You are responsible for (and must have sufficient authority to take) all actions that are performed on or through your account, including any disclosure of data in connection with the Tools. If you have been added or invited to a Tool, the party that administers such Tool (and not you) controls your use of that Tool, including but not limited to adding or removing you from that Tool, enabling or disabling integrations, and managing permissions. Any content that you submit or upload to the Tool may be retained, accessed, used, modified, shared, or removed by the party that administers such Tool and their appointees. You acknowledge that your account can become managed by the entity that owns or controls the email address domain with which your account was created or registered, as described in our Privacy Policy.
1. DEFINITIONS
2. USE OF TOOLS
3. MODIFICATIONS OF THE TOOL AND THE END USER NOTICE
4. ELECTRONIC COMMUNICATIONS
5. INTELLECTUAL PROPERTY
6. WARRANTIES DISCLAIMER
7. NOTICES
8. THIRD-PARTY SERVICES AND WEBSITES
9. LIMITATION OF LIABILITY
10. GOVERNING LAW, DISPUTE RESOLUTION
11. NO CLASS ACTION
1. DEFINITIONS
In this User Notice, all the capitalized terms shall have the meaning defined in the General Terms of Service, unless otherwise stated herein.
2. USE OF TOOLS
By accessing or using any of the Tools, you guarantee that: you have Legal Capacity to enter into this Agreement; and (ii) you will use the Tools responsibly and in line with the Acceptable Use Policy.
3. MODIFICATIONS OF THE TOOL AND USER NOTICE
To provide you with the best possible user experience, we may change and update the Tool occasionally. Such changes primarily involve adjusting the content and functionalities of the Tool, but also interrupting the operation of the Services or removing certain parts of the Tool. In addition, Wemedoo reserves the right to amend, limit, or delete any part of the Tool, as it finds appropriate.
Please note that in such situations, the Tool may be temporarily unavailable. We will make the maximum effort to shorten the time during which the Tool is unavailable and enable the functioning of the Tool again as soon as possible.
Besides this, Wemedoo may revise and update the User Notice or any part of the at any time and we thus caution you to review these documents from time to time.
Any changes shall enter into force upon being published on the Tool (including information delivered via email) and/or after at least 10 days upon the receipt of the notification from us. Your continued access or use of the Tool after any such change will constitute the acceptance of these changes. Thus, if you do not agree with the amended terms of the Agreement, we kindly ask you to stop using the Tool immediately.
4. ELECTRONIC COMMUNICATIONS
By accepting this User Notice, you agree to be bound by this Agreement – made in an electronic form. Additionally, visiting the Tools or sending emails to Wemedoo shall constitute electronic communications. Under this User Notice, the User gives consent to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications that are provided by Wemedoo electronically (via email or mobile), satisfy any legal requirement that such communications be in writing.
5. INTELLECTUAL PROPERTY
Unless otherwise indicated in the Agreement, Service, Tools, and the entire content of any of the Tools(including but not limited to the original source code, Tool, images, graphic elements, design, databases, logo or other signs, domain, trade name and business name, trademarks or service marks, any customized work, and other related materials including offers and expense estimates, drawings, illustrations, calculations, brochures, catalogues, models, tools, test or demonstration programs, any documents, proposals, test programs and other items of Wemedoo relating to any Services made available to Users, as well as any other documents provided to Users by Wemedoo) are protected by the Intellectual Property Rights of Wemedoo.
With respect to each Tool, Users have only the rights specified herein, and are obliged to use the Tools in accordance with the Acceptable Use Policy. You do not acquire any Intellectual Property Rights under this Agreement. The Tool is made available on a limited-access basis, and no ownership right is transferred to any User, or Client irrespective of any possible use of terms such as “purchase” or “sale” in Agreement or anywhere within the Tool.
Any unauthorized use of the entire content of the Tool and/or any part of it, without the permission of Wemedoo, shall be deemed an infringement of Intellectual Property Rights. Within the shortest term upon the acknowledgment of any unauthorized use, Wemedoo shall take all legal remedies to protect its Intellectual Property Rights.
Any copying or downloading of the content of the Tool in part or whole is permitted only upon obtaining the explicit written consent of Wemedoo.
Additionally, Wemedoo reserves all Intellectual Property Rights not expressly granted in this Agreement.
6. WARRANTIES DISCLAIMER
Service is provided on an “as is” and “as available” basis. Users understand that they use the Tool at their sole risk.
Wemedoo hereby disclaims, to the fullest extent permitted under the applicable law, all statutory warranties, including warranties arising from the course of dealing, course of performance, or usage of trade. Warranties of Wemedoo related to the Tool or Service, which are not explicitly stated herein shall be deemed withheld.
You will be solely responsible for any damages that you may suffer resulting from the use of the Service. No written or oral information or advice provided by Wemedoo, or its authorized representatives shall be deemed as a warranty or in any way extend the scope of the obligations of Wemedoo.
Without prejudice to the generality of the previous provisions, Wemedoo does not warrant:
(a) fitness for a particular purpose, nor that Service will meet your specific requirements;
(b) accuracy or reliability of the results obtained from the use of the Service;
(c) correction of any errors in Service which may occur.
Wemedoo makes every effort to ensure that the Service will be uninterrupted, timely, secure, error-free, or of satisfactory quality. However, there still is a possibility that the Service will not fulfill these expectations, and Wemedoo will not warrant these expectations.
Wemedoo and/or its suppliers make no representations about the suitability, reliability, availability, continuity, timeliness, and accuracy of the Tool and Service.
Without limiting the foregoing, the Tools are not designed or licensed for use in hazardous environments requiring fail-safe controls (for example, aircraft navigation/communication systems, air traffic control, medical device and life support machines, or weapon systems) in which the failure of Tools may result in death, personal injury or physical and/or environmental damage. Accordingly, the Agreement excludes any high-risk activities (including previously enlisted examples), and User agrees not to use the Tools in connection to such high-risk activities.
7. NOTICES
The User may deliver notices to Wemedoo to the following address: Sumpfstrasse 24, 6312 Steinhausen, Switzerland or via email to info@wemedoo.com.
Wemedoo may give notices to the User via notifications within the Tool, via the email address associated with their account or (exceptionally) by mail or courier to the address provided for that User, as applicable, within the information available to us, as applicable.
Notice shall be deemed to have been received:
(1) the next day if given via notice on the User account or via email,
(2) five workdays after posting the notice via courier or registered post. Workday shall have the meaning of workdays at Wemedoo 's registered seat.
8. THIRD-PARTY SERVICES AND WEBSITES
In case Wemedoo enables access to data from another service provider through linking, Wemedoo does not carry any responsibility for such information.
The Tools may contain links to other websites which are in the ownership of other legal or natural persons. Each of such websites has its terms of use and privacy policy on handling personal data, and such terms and policies may differ significantly from the ones applicable to the use of Tools. Wemedoo has no control over such websites and shall not carry any responsibilities neither for the availability of those websites nor for the terms of use and privacy policies applicable to their visitors and users.
Placing links to third-party websites on the Tools s does not represent any kind of recommendation or approval of services or products offered through such websites by Wemedoo.
9. LIMITATION OF LIABILITY
Wemedoo and/or its suppliers, employees, and representatives shall not be liable (to the maximum extent permitted by the applicable law) in any event for the following:
(1) any losses, damages, expenses, or other harmful consequences that occurred as a result of any User use or inability to use the Tool;
(2) any installation, implementation, customization, or modification of the Tool conducted by any party other than Wemedoo, to the extent applicable ;
(3) User’s failure to apply available updates, service pack, fix, or upgrade that would prevent the harmful event, if applicable;
(4) any unauthorized use of the accounts and its credentials for access to the Tool.
To the greatest extent permitted by the applicable law, under no circumstances shall Wemedoo and/or its suppliers, employees, and representatives be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for the loss of use, data, or profits, or business interruption) arising out of or in any way connected with:
- the use or performance of the Tool,
- the delay or inability to use the Tool and/or Service, including the provision of or failure to provide Service,
- Tool, Service, any products, information, or related graphics obtained through the Tool, or otherwise arising out of the use of the Tool, whether based on contract, tort, negligence, strict liability, or otherwise.
Liability Cap. In case any of the foregoing limitations occur to be unenforceable or in the event any liability of Wemedoo is established, to the maximum extent permitted under the applicable law, User agrees that the entire aggregate liability of Wemedoo and User’s sole remedy arising out of or related to Agreement, Tool, or Service shall be limited to monetary damages that in the aggregate may not exceed the sum of 100 EUR (hundred Euros).
By entering into this Agreement, you confirm that you understand and agree that this limitation of liability represents a reasonable allocation of risk and is the fundamental element of the Agreement. Further, you understand that the Tool and Service, would not be provided without such limitations.
Taking into account that some of the limitations of liability stated in this section may not be applicable to the User, due to the fact that certain countries do not allow the limitation of particular damages, you may have some additional rights. Regardless, in case any part of this section is held to be invalid under the applicable law, the invalidity of such portion shall not affect the validity of the remaining parts of the applicable sections.
Exceptions. Mandatory liability of Wemedoo shall not be excluded if Wemedoo commits a willful breach of any of its obligations arising from the Agreement, or in the event of death or personal injury caused by a defective item provided or produced by Wemedoo.
10. GOVERNING LAW, DISPUTE RESOLUTION
Unless otherwise stipulated, this Agreement shall be governed and construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions.
Any dispute, controversy, or claim arising out of, or in relation to, the Agreement, including regarding the validity, invalidity, breach, or termination thereof, shall ultimately be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre. The seat of the arbitration shall be Zurich. The arbitral proceedings shall be conducted in the English language. All aspects of such arbitration shall be conducted in the strictest confidence and treated as confidential information, and each Party agrees not to disclose any information concerning any dispute or arbitration hereunder to any person except as may be required by law or this Agreement.
Notwithstanding the provisions above, Wemedoo may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.
11. NO CLASS ACTION
With the exceptions of events explicitly prohibited by law, as a condition of the use of Tool and/or Service, you agree that any and all Disputes shall be resolved individually, without resorting to any form of class action.
Any arbitration under Agreement shall take place on an individual basis. Class arbitrations and class/representative/collective actions are not permitted.
PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN EACH INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Unless both Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.