GENERAL TERMS AND CONDITIONS
(last updated Mar 22, 2018)
CHAPTER I – GENERAL TERMS
Welcome to this website, available at mypinkofview.com or any other address as my be from time to time (the “Website”), operated and managed by COYN Technologies Ltd., a company incorporated under the laws of the State of Israel, having its principal place of business at Kfar Saba (hereinafter: “Company” or “Us” or “We”).
The Use of the Website is subject to the terms and conditions herein (as may be amended and/or updated from time to time) (the “Terms”). The Terms constitute the legal basis for any communication You may have with the Company in connection therewith. Please read the Terms carefully before Using the Website. In order to take part and/or otherwise participate in the Research you will need to positively accept these Terms by clicking "I accept" button. By Using the Website in any manner, You confirm that You read, understood, accept and agree to be bound by the Terms in their entirety without limitations. If You do not agree to the Terms, whether in whole or in part, You may not Use the Website and/or participate in the Research.
1. Definitions. For the purpose of these Terms, the following terms shall have the respective meanings set forth besides them:
1.1. “Content” shall mean any information of any kind (but excluding Information, as defined below) found on the Website including, however not limited to, texts, verbal and visual content, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, texts and any other information displayed or presented on the Website, whether owned by the Company or by a third party that granted the Company with a right to use it in the Website.
1.2. "Data", "Sensitive Data" – as defined in the Protection of Privacy Law 5741-1981.
1.3. “Information” shall mean Personal Information and Non-Personal Information, together.
1.4. “Non-Personal Information” shall mean any information, data or content which You knowingly uploaded and/or otherwise provided to the Website (whether to contribute to the Research or participate in it, as the case may be) after Your Personal Information (as defined below) was completely detached and stripped off from it, and as such it is not considered as "Data" or "Sensitive Data", meaning - it does not and cannot personally identify You as an individual, and it is not and cannot be combined with other information, that results will the ability to personally identify You as an individual;
1.5. “Personal Information” - shall mean Your Data and/or Sensitive Data, such as You contact details (Your name and e-mail address) which You upload to the Website (whether to contribute to the Research, or participate in it, or in the event You want to contact Us via the Website, all – as the case may be) which can personally identify You as an individual and/or otherwise can be attributed to You as an individual.
1.6. “Use” shall mean any accessing and/or viewing and/or visiting and/or browsing and/or using the Website for any purpose. The Use of the Website is free of charge.
1.7. “You” (including any alterations thereof) or “User” shall mean any person or entity that Uses the Website for any purposes (including, for contribution and/or participating in the Research), using a computer and/or any other device, including cellular device and/or by any other means of communications.
1.8. “Statistical Scale Classification”- classification of risk for breast cancer, which is calculated on the basis of the Non-Personal Information You provided in the Website, in combinations with other statistical data collected from other Users which contributed and/or otherwise participated in the Research and also in combination with statistical elements published in medical studies and/or based on the experience of physicians participating in this Research.
2. Scope of License, Limitations of Use
2.1. The Company is a research startup, which developed a unique and ground breaking technology which may assist in the definition of population at high risk for breast cancer, and thus allows encouraging of early detection for such relevant population (the “Research”). The Website is intended to provide general information about the Research. When You Use the site, You can either contribute to Our Research (by providing Your Personal Information and Non-Personal Information), and/or to participate in our Research (by providing Your Personal Information and Non-Personal Information, and receiving the Statistical Scale Classification).
2.2. Subject to Your Use of the Website according to the Terms, We hereby grant You a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Website, solely for Your personal, non-commercial, legal and legitimate purposes. You may not Use the Website for any other purpose.
2.3. Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website for any public and/or commercial purposes; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website (including without limitation to any algorithm); (d) send and/or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violate of third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content contained therein; (h) attempt to gain unauthorized access to Website or its related systems or networks; (i) create any link or deep linking and/or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website, or perform any other action in the Website or any part thereof in violation of the Terms and/or that would or might cause any damage to the Company.
2.4. Without derogating from any other right granted to the Company in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Website and from the Research.
3. Ownership and Intellectual Property rights
3.1. In the relations between You and the Company, the Website (including any Content incorporated therein) is owned by the Company and may be protected by copyright and other intellectual-property laws and treaties. We (and/or our licensors) own any and all rights, title and interest in and to the Website (and any Content therein), including all copyright and other intellectual property rights in the Website, and the limited license granted herein (as set forth in section 2.1 above) does not provide You with any title or ownership rights in or to the Website and/or in any Content.
3.2. You acknowledge and agree that any Content presented to You on or through the Website is and shall remain the property of the Company (and/or its licensor and/or suppliers), and is or may be protected by copyright, trademark, patent and/or other proprietary rights law.
4. No Warranty and Disclaimers
Any Content contained on the Website is of a general nature and is provided for informational purposes only. The Website (including any Content incorporated therein) and/or the Statistical Scale Classification (to the extent provided to You) do not constitute an offer for, or an invitation by or on behalf of the Company or any other party, to provide any service outlined or referred to in this Website, either directly or indirectly.
4.1. YOUR USE OF THE WEBSITE (INCLUDING, YOUR DECISION TO CONTRIBUTE TO THE RESEARCH AND/OR OTHERWISE PARTICIPATE IN IT) IS AT YOUR OWN RISK AND BASED ON YOUR FREE WILL.
4.2. THE WEBSITE (INCLUDING ANY CONTENT INCORPORATED THEREIN) AND THE RESEARCH ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; FURTHER, THE STATISTICAL SCALE CLASSIFICATION (TO THE EXTENT PROVIDED) IS NOT ISSUED BY DOCTORS AND/OR ANY QUALIFIED HEALTH PROFESSIONAL. IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS ABOUT YOUR MEDICAL CONDITION, AND TO RECEIVE ADVICE THAT IS SUITED TO YOUR PARTICULAR CIRCUMSTANCES AND THE FACTS OF YOUR CASE.
4.3. THE RESEARCH AND ANY ADVICE (INCLUDING THE STATISTICAL SCALE CLASSIFICATION) PROVIDED THROUGH THE WEBSITE, TO THE EXTENT PROVIDED, IS GENERAL IN NATURE, AND IS BASED ON STATISTICAL DATA COLLECTED BY THE COMPANY. NEITHER OF THE ABOVE SHALL BE CONSIDERED AS “MEDICAL ADVICE” AND/OR “RECOMMENDATION FOR TREATMENT” AND/OR “SUBSTITUTE FOR PERSONAL MEDICAL TREATMENT. ANY RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY (INCLUDING, WITHOUT LIMITATIONS, THE STATISTICAL SCALE CLASSIFICATION), IS SOLELY AT YOUR OWN RISK.
4.4. Without limitations to the foregoing, the Content contained in the Website and/or the Statistical Scale Classification are provided “AS IS”, without any warranty, representation or undertaking (whether expressed or implied) of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, suitability for User’s intended purposes or non-infringement. The Company disclaims any responsibility and/or liability regarding the accuracy, completeness, correctness or reliability of the Content contained on this Website and/or the Statistical Scale Classification, or that the Content and/or the Statistical Scale Classification is error free. The Company does not warrant that the Website will be available and/or uninterrupted and/or that is will work in full operating condition.
5. Limitation of Liability
To the maximum extent applicable by law, and notwithstanding any other provisions of any law or agreement, in no event will the Company and/or its licensors and/or its employees and/or representatives be liable for any damage (including but not limited to direct, indirect or consequential damage, such as damage due to lost profits, lost data or business interruption, damage to goodwill, etc.) arising out of or in connection to the Use and/or inability to Use and/or the results of Use of the Website, any site linked to the Website, or Content contained on the Website (including, without limitations, reliance on such Content and/or the Statistical Scale Classification) or on any site linked to the Website, and/or resulting from exposure to computer viruses or other malware, whatever the grounds of claim or cause of damage, whether based on contract, tort or otherwise. The sole and exclusive relief available to You in any such event(s) is to leave the Website or opt-out from the Research (as the case may be).
Trademarks. The names and logo of the Company and/or of companies and/or customers mentioned on the Website (if any) are trademarks or commercial logos of their respective owners. The Use of the Website (including the participation in the Research) does not confer on You any rights in trademarks of the Company and/or any third parties mentioned in the Website.
6. Collection of Information. Without derogating from the generality of the preamble in Chapter I, the purpose of this Chapter II is to ensure You are fully informed and aware as to the scope and nature of Information the Company collects and/or otherwise receive from or about You while You are Using the Website and/or contributing or participating in the Research, and how is it being processed and/or otherwise used by the Company. By Using the Website, You hereby acknowledge and provide Your informed, freely consent to the terms herein in this Chapter II.
7. Personal Information.
We do not claim ownership to Your Personal Information. However, when You upload Personal Information to the Website, You hereby grant the Company an irrevocable, royalty-free, non-exclusive, unlimited license to use Your Personal Information and transfer it to third parties, all as detailed below:
7.1. No legal requirement. The decision to contribute to the Research and/or to take part in it is entirely up to You, and based on Your own free will. If you wish to contribute to the Research and/or participate in it, You need to register the Website, and then You will need to choose whether You contribute to the Research, or participate in it – and follow the instructions as will be presented to You in the Website. Either way, You have no legal obligation to provide Us with any Personal Information, and the provision of it is solely based on Your free will. However, You are aware that without the provision Personal Information, You will not be able to complete the registration, contribute to the Research or participate in the Research, and We will not be able to reply and/or otherwise respond to You message in the Website (all – as the case may be).
7.2. Your Representations regarding Your Personal Information. By Using the Website and uploading Personal Information to the Website, (including, any Personal Information You provide for the Research, whether as a contributor or as a participant) You hereby represent, acknowledge and provide Your informed consent to all of the following: (a) the Personal Information is Yours, You have the legal right to provide us such information and it is complete, accurate and true; (b) Your Personal Information will be stored in our database(s), and to the extent required by Governing Law will be registered with the Israeli Registrar;
7.3. How We Collect Personal Information. We collect Personal Information from the questioners You fill in (whether You contribute to the Research, or whether You participate in the Research), or when You leave Your details in the Website.
7.4. How We use Personal Information. Please note that We are not interested in, nor do We need any Personal Information for Our Research. We only use Your Personal Information to ensure that You are a human being, allow you to enter the questionnaires on the Website from time to time and to send you version updates and/or service notifications.
7.5. Transfer of Personal Information. Personal Information uploaded to the Website will be transferred to and stored in third parties’ data centers (the servers are located in London and the data is stored in Germany) for storage and/or hosting purposes. Also, We may transfer and/or otherwise disclose Personal Information in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
7.6. Right to review. You have the right to review Your Personal Information stored in our database(s), and also provide a request to update, amendment and/or delete it by contacting us at [email protected] We will act in accordance with to provision of the Governing Law in order to comply with Your request. However, We may retain certain Information as deemed required by applicable law, or for legitimate business reasons, for the duration as required under applicable law.
8. Non-Personal Information.
By using the Website, You hereby grant Us an irrevocable, non-exclusive, royalty-free, unlimited license, and You hereby acknowledge and provide Us Your informed consent to use the Non-Personal Information for, and to transfer Non-Personal Information to third parties, all as detailed below.
8.1.1. No Legal Requirement. The Non-Personal Information is the basis of Our Research. As mentioned above – You have no obligation to participate in Our Research, whether as a contributor or as a participant, and hence have no legal obligation to provide Us with any Non- Personal Information, and the provision of it is solely based on Your free will. However, You are aware that without the provision of the Non-Personal Information, You will not be able to complete the registration, contribute to the Research or participate in the Research.
8.1.2. Your representations regarding Non-Personal Information. By using the Website and uploading Non-Personal Information to the Website, (whether as a contributor to the Research or as a participant) You hereby represent, acknowledge and provide Your informed consent to all of the following: (a) the Non-Personal Information is Yours, You have the legal right to provide us such information. Bear in mind that the Non-Personal Information is the basis of our Research, and this is extremely important that such Non-Personal Information is complete, accurate and true; (b) Your Non-Personal Information will be stored in our database(s) (c) when You upload Non-Personal Information to the Website, You hereby grant the Company an irrevocable, royalty-free, non-exclusive, unlimited license to use the Non-Personal Information and transfer it to third parties, all as detailed below.
8.1.3. How We Collect Non-Personal Information. We collect Non-Personal Information from the questioners You fill in (whether You contribute to the Research, or whether You participate in the Research).
8.1.4. How We use Non-Personal Information. We use the Medical Non-Personal Information for research and development purposes, to create a data base for the Research, and in case You participate in the Research, in order to provide You with Your Statistical Scale Classification.
8.1.5. Transfer of Non-Personal Information. Non-Personal Information will be transferred to and stored in third parties’ data centers (the servers are located in London and the data is stored in Germany) for storage and/or hosting purposes and it may be transferred to third parties within a cooperation for the purpose of further research, funding etc. Also, We may transfer and/or otherwise disclose Non-Personal Information in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
9. Security and Data Protection. We take the safeguarding of the Information very seriously, and use a variety of methods to try to protect the Information from loss or unauthorized use or access when it is in our possession or control, including reasonable physical, technical and organizational measures which restrict access to the Information. However, we do not promise that any Information (including Personal Information) will be fully protected from unauthorized disclosure or use. You should take steps to protect against unauthorized access to Your computer and any content installed and/or otherwise downloaded on it (including passwords).
CHAPTER III - MISCELLANEOUS
10. The Website is designed for the use of adults (18 years or older) and is not intended for minors. If you are a minor (below the age of 18), your Use per se of the Site is evidence that you received permission from your parents or appointed legal guardian to do so.
11. If any of the terms herein is determined to be illegal, invalid or otherwise enforceable by reason of law, then to the extent and within the jurisdiction in which the term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms, and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
12. You will defend, indemnify and hold the Company (including its directors and employees) from and against all claims, losses, costs, damages, liabilities and expenses (including without limitations, reasonable attorney’s fees) incurred by the Company due to Your breach of these Terms.
13. The Terms shall be governed by and construed in accordance with the laws of the state of Israel, excluding its choice of law principals (above and hereinafter: “Governing Law”). Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel.
14. These Terms form the entire agreement between the Company and You regarding the Research (whether as a contributor or participant, as the case may be), and Your Use of the Website . The Company reserves the right to alter and/or amend the Terms from time to time without advance notice by posting revised Terms. Also, the Company reserve the right to change and/or expend the scope of the Research. You can see when the Terms were last updated by checking the revised date at the top of the Terms. Further, the Company reserves the rights to change the graphics of the Website, add or remove any Content, and also temporarily suspend or permanently stop the activity of the Website at any time, without advance notice.
15. If you have any question regarding the Terms, please contact Us at [email protected]