AI Copilot Search Terms of Use / Disclaimer

In aanvulling op artikel ‘Uw privacy’:
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Als u een persoonlijk oefenprogramma aanvraagt in de app, dan registreert u zich met uw naam, e-mailadres en geboortedatum. Deze gegevens worden alleen gebruikt om uw persoonlijke oefenprogramma aan te maken. De beveiliging van deze gegevens in de app is van hoog niveau. Physitrack is een app voor zorgaanbieders. Daarom heeft Hifysio, de praktijk waarmee we werken voor Fysiochecknu, inzage in uw gegevens als u zich registreert en een oefenprogramma wilt. Zij zullen nooit medewerkers van ONVZ inzage geven in uw gegevens. Wanneer u uw gegevens wilt laten verwijderen, kunt u dit aanvragen via support@physitrack.nl.

In aanvulling op artikel ‘Onze verantwoordelijkheid voor door u geleden verlies of schade’:
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Voor zover toegestaan door de wet, wordt Physitrack's aansprakelijkheid onder enige garantie, voorwaarde of waarborg (met inbegrip van, zonder beperking, enige garantie, voorwaarde of waarborg van verkoopbaarheid, aanvaardbare kwaliteit, geschiktheid voor een bepaald doel, of geschiktheid voor openbaar gemaakt resultaat), of enig ander recht of rechtsmiddel, onder enige wet of geïmpliceerd in deze Servicevoorwaarden door enige wet (wettelijke garanties) is hierbij uitgesloten. Indien Physitrack aansprakelijk is onder enige Wettelijke Garanties, en wettelijke bepalingen in een contract die de toepassing van, of de uitoefening van, of aansprakelijkheid onder dergelijke Wettelijke Garanties uitsluit of wijzigt, wordt Physitrack's aansprakelijkheid voor enige inbreuk op dergelijke Wettelijke Garanties beperkt, naar keuze van Physitrack, tot een of meer van het volgende: - indien de inbreuk betrekking heeft op goederen: de vervanging van de goederen of de levering van gelijkwaardige goederen; de reparatie van dergelijke goederen; de kosten van de vervanging van de goederen of de aankoop van gelijkwaardige goederen; of de kosten van het laten repareren van de goederen; en - indien de inbreuk betrekking heeft op diensten: de herlevering van de diensten of de kosten om de diensten opnieuw te laten leveren.

The following terms of use are intended to inform Clinician users of the limitations and usage guidelines of the artificial intelligence Copilot Search (“CoPilot””) provided by Physitrack Plc (“Physitrack” or “we” or “us”) through its platform.
The user is defined as the Clinician using CoPilot.
Please read these terms of use carefully before using CoPilot.

General Information.
Copilot is an automated system powered by Chat GPT4. It is designed to assist Clinicians to search for exercises more efficiently and to add exercises to the Clinician´s programme.

Liability.
While we strive to provide accurate information through Copilot, we cannot guarantee the accuracy and/or the completeness of the information provided. We act as technology provider only and are not responsible nor liable for any use or reliance on the platform including this feature, including any reliance by you or end-user patients. You are required to verify and review the accuracy, with your medical professional judgement, of any information provided by Copilot before taking any action or making any decisions based on that information and Physitrack assumes no responsibility or guarantee for the accuracy or completeness of the information provided. You accept and acknowledge that not all information may be correct. We expressly reserve the right to modify, add or delete individual or all Copilot functionalities without notice, or to discontinue Copilot temporarily or permanently. We provide no guarantee for the uninterrupted accessibility of Copilot. We have the right to suspend access to Copilot for any period of time. We will only take steps to suspend or terminate access to Copilot if we consider that there are reasonable commercial, security or technical grounds to do so or we consider that you have breached or are likely to breach these terms, our Terms of Service or any other contractual terms which we may have with you .

We together with any of our affiliated companies do not accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of Copilot.

Use of Copilot.
The use of Copilot is intended for persons with at least 18 years of age and who are registered Clinicians who are authorised to use our Platform in accordance with our Terms of Service.

By using Copilot, the Clinician user agrees:

This feature is currently being provided on a test/trial basis only for the purpose of assisting practitioners/clinicians with their own search for exercises. This feature is not for use by end user/patients or other third parties.
This feature is only available to authorised Clinician users who are accessing the Platform on behalf of Physitrack´s Customer and in accordance with our Terms of Service.
This feature is not a medical device nor provides, nor is intended to provide, any form of medical advice, diagnoses or treatment whatsoever.
We act as technology provider only and are not responsible nor liable for any use or reliance on the platform including this feature, including any reliance by end-user patients.
As you are a Clinician using Copilot you agree to be solely responsible for using your professional judgment in use of any search function, assigning exercises, reaching conclusions, advising and validating exercise programs prior to prescribing them. You accept full responsibility and liability for the use of any exercise programs by you or your patients and agree to indemnify us and our affiliate companies for any claims brought against us or our affiliate companies in particular by your patients or any other third parties.
Not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through Copilot.

Not to use Copilot to conduct illegal or immoral activities.
Not to share any personal health information or sensitive personal data with Copilot.
Not to attempt to compromise the security of Copilot or access confidential information related to the Service.
Not to copy, distribute, modify, reverse engineer, decompile or attempt to extract the source code of Copilot or any part that composes it, without our prior written consent.

Indemnity

You agree to indemnify and hold harmless Physitrack, its affiliates, employees and other agents from and against any claims, losses and expenses (including lawyers fees) arising from or relating to your use of Copilot which relates to any breach of these terms or our Terms of Service.

Ownership of Content ‍

By using Co-pilot and inputting, providing or submitting content you are granting Physitrack and third-party partners permission to use the prompts, creations, customisations and related content from your inputs in connection with the operation of its businesses including, without limitation, the licence rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the prompts, creations and other content that you provide; and the right to sublicense such rights to any supplier of Physitrack. Your use of Copilot does not grant you any ownership rights in any underlying technologies, intellectual property or other data that comprise or support Copilot or any services provided by Physitrack or its Affiliates.

No compensation will be paid with respect to the use of your content, as provided herein. Physitrack is under no obligation to post or use any content you may provide, and Physitrack may remove any content at any time at its sole discretion.

You warrant and represent that you own or otherwise control all of the rights to your content which you provide, upload, input or submit.

Data Privacy and Security.‍

We prioritize the privacy and security of our users' information. Be aware that Copilot conversations may be reviewed by our teams to improve results. Do not share in your conversation through Copilot any Personal information that is not useful and/or requested for handling your assistance request.

By using Copilot, you acknowledge and agree to this disclaimer and its terms. If you do not agree with this disclaimer, we recommend refraining from using Copilot. For further assistance or inquiries, please contact support@physitrack.com

Data retention

How long will you use my personal data for?

We will retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any contractual, legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available in our Data Retention Policy https://www.physitrack.com/data-retention-policy Once the appropriate retention period has expired we will erase your data securely.

In some circumstances you can ask us to delete your data: see section ‘Your legal rights’ of this Policy for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

EU Representative

Our representative within the EU with respect to our obligations under European data protection law is Physiotools Oy incorporated and registered in Finland with company number 0491074-9 whose address is Kehräsaari B, 5th Floor, 33200 Tampere, Finland. Email: data.protection@physiotools.com

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you and to follow certain procedures to help us verify the request, confirm your identity, and ensure your right to access your personal data (or to exercise any of your other rights). The verification steps we take may differ depending on your country of residence and the request. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it in accordance with applicable law. If we cannot verify your request, we may ask you for additional information to help us verify your request. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We will respond to your request within the time period required by applicable law. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Considerations in the United States

Identifiable Patient information in the United States is treated as Protected Health Information (as defined at 45 C.F.R. § 160.103) (“PHI”) regulated by the U.S. Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). PHI is handled by us in accordance our HIPAA business associate agreements (“BAAs”) with the relevant Health Practitioners.

In the United States, we use and retain any PHI that we receive as a processor to provide and improve the Services and our products and services to the extent permitted by HIPAA and applicable agreements with our customers. We use and disclose PHI in accordance with HIPAA and applicable BAAs.

In the United States, we also may disclose PHI in accordance with HIPAA and the applicable BAAs or as directed by you. You are solely responsible for any disclosure of your personal data that you initiate using the Services.

Considerations in Australia

If the Australian Privacy Act 1988 (Cth) (Privacy Act) applies to the handling of your personal data, this clause will apply.

In this Privacy Policy, any references to “Special Categories of Personal Data” are taken to be references to “sensitive information” as set out in the Privacy Act. We will collect, use or disclose sensitive information about you only as permitted by law, for example where we have received your consent to do so or the collection is required or authorised by law.

For the purposes of clause 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside Australia) as set out under the list of Physitrack's Third Party Vendors (sub-processors) which can be found here https://support.physitrack.com/article/721-what-types-of-data-are-stored-by-physitrack.

Considerations in New Zealand

If the New Zealand Privacy Act 2020 (NZ Privacy Act) applies to the handling of your personal data, this section will apply.

We will also comply with the New Zealand Health Information Privacy Code 2020 (HIP Code) when collecting your health information.

We will collect personal data directly from you unless (i) you have authorised the collection of personal data from a third party, (ii) it would not prejudice you for collection to occur through a third party, (iii) collection from you would prejudice the purpose of collection, or (iv) it is not reasonably practicable to collect from you and the information will not be used in a form whereby you are identifiable.

For the purposes of section 7 (International Transfers) of this Privacy Policy, we may transfer your personal data to overseas recipients (i.e. outside New Zealand) located in the countries as set out under the list of Physitrack's Third Party Vendors (sub-processors) which can be found here https://support.physitrack.com/article/721-what-types-of-data-are-stored-by-physitrack.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

YOUR LEGAL RIGHTS

Depending on where you live, you may have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact by email: dpo@physitrack.com.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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If you or your practice are based in the United States, then the US version of our Terms of Service and the US version of our End User Terms apply to you.
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If you or your practice are not in the United States, then the outside USA version of our Terms of Service and outside USA version of our End User Terms apply to you.

Manufacturer's Name:

Physitrack PLC

Registered Trademark:

Physitrack

Manufacturer's Address:

Bastion House, 6th Floor
140 London Wall
London EC2Y 5DN
United Kingdom

Name of Device:

Physitrack Software Platform

Classification:

Class: I (according to Medical Devices Directive (93/42/EEC)

Conformity Assessment Route:

Physitrack PLC applied the procedures for the CE-labelling of the product in accordance with the Council Directive 93/42 (EEC) and Medical Devices Regulation (EU) 2017/745

GMDN Code:

Self-care monitoring/reporting software - 58884

We hereby declare that the medical device (Software) specified above meets the provisions of the Council Directive No. 93/42/EEC for Medical Devices and issued under the sole responsibility of Physitrack PLC.

The Software as medical device covered by the present EU declaration is in conformity with the (EU) MDR 2017/745.

All supporting documentation for this EC Declaration of Conformity is retained in the document management system of the manufacturer.

Breht McConville
Chief Compliance Officer
Physitrack PLC

Please note that if you are reading a translated version of this policy, the text of the English version of this policy prevails.