Liability disclaimer/Release from liability

1. Liability disclaimer

2. Release from liability

Data protection & privacy declaration

Last revised: 01.2018

Data protection official:
Alexander Bugl
Bugl & Kollegen GmbH
Eifelstrasse 5
93057 Regensburg

E-Mail: datenschutz.bugl@tomatomedical.com

1. Consent

By consenting to this data protection and privacy declaration, you agree to permit us to use your personal data in the cases highlighted in bold print and underlined in this data protection and privacy declaration for the purposes described therein. Your consent applies in particular to the collection, storage, use and disclosure of your data as described in the relevant highlighted sections of this data protection and privacy declaration.

2. Collection of data and responsible office

This data protection & privacy declaration informs you about which personal data are collected and processed by the provider during your use of the application (hereinafter referred to as “app”) with regard to the type, scope and purpose. Data are personal when they can be unambiguously assigned to a certain natural person. You’ll find the legal basis for data protection and privacy in the German Federal Data Protection & Privacy Act (BDSG) and the German Telemedia Act (TMG).

When you use the Emergency App, you will remain anonymous unless you voluntarily enter personal data and make it available. In the context of this data protection and privacy declaration, we use the designation “personal data” for information that can be assigned to a certain person and used for the identification of this person (e.g. name, address, e-mail, telephone number, IP address, health information, insurance data and similar information).

Personal data are collected, used and forwarded if this is legally permitted or if the users consent to the data collection.

Each registered user is responsible for his own data entered in the app.

The Emergency APP is a service of tomatomedical international UG . Should you have questions regarding the collection, processing or use of your personal data, for information, correction, blockage or deletion of data, please contact the responsible office:

3. Collection of personal data

You can download the Emergency App without having to set up a user account. When you share your personal data by entering them, you have decided not to remain anonymous. With your agreement to this data protection and privacy declaration and the entry of your personal data, you declare your consent to these data being transmitted to our servers in the Federal Republic of Germany and other servers around the globe, e.g. in the United States, and stored there. No medical or social data is stored outside of Germany. All cloud servers are located in Germany. We collect the following types of personal data to enable you to use and access our websites, applications, services and tools, to provide you with a more personalized and better user experience and to adapt content and advertising:

a. Automatically recorded data

When you access our app, information is occasionally automatically collected (i.e. not via registration), which is not assigned to a certain person (e.g. the operating system used, number of visits, average time spent on the website, publications retrieved). We use this information to determine the attractivity of our application and to improve its performance and content.

b. Data provided by youn

We record and store data that you enter in the Emergency App or forward to us during the use of our websites, applications, services or tools. These include:

• data that you provide when setting up a user account or the registration for one of our services, such as your e-mail address, telephone number, mobile/cell phone number, postal address and health and insurance information (depending on the service used, further information and data such as organ donation, patient power of attorney etc.).
• data transmitted in the context of community discussions, chats, clarification of problems and correspondence/feedback via e-mail/fax/post.

c. Location data

The app requires access to the location of your mobile device in order to determine your location in an emergency. Data concerning your location will be used only for processing your inquiry. Your location data is transmitted via an encrypted connection. On most mobile devices you can control or deactivated the location services in the “Settings” menu. When external crash sensors are integrated in the system, your current location (GPS position) is recorded, in order to be able to inform assistance services accordingly.

4. Use of personal data

The collection and use of personal data by the app is carried out for the purpose of giving you access to the use of our services, applications and tools, to perform the desired customer service and to provide you with relevant information about your user account. By consenting to this data protection and privacy declaration, you agree that we can use your personal data to:

• give you access to the applications, services and tools and to perform the desired customer service via e-mail or by phone; to adapt, to measure and to improve our services, content and advertising;
• to compare the data for accuracy and to check it with the assistance of third-party providers; to inform you about about targeted marketing campaigns and
• advertising offers in accordance with your notification settings;
• to personalize, analyze and improve our advertising in accordance with your adaptation settings.

5. Use of Google Analytics and Google AdSense

This app uses Google Analytics, a web analysis service of Google Inc. (“Google”), and Google AdSense, a service for integrating advertising from Google Inc. (“Google”). Google Analytics and Google AdSense use so-called "cookies", which are text files stored on your device you use for the app (mobile/cell phone, tablet, etc.) that facilitate an analysis of your use of the app. Google AdSense also uses so-called Web beacons (invisible graphics). With these Web beacons, information such as the rate of visitor traffic on the pages of this site can be analyzed.
The information about your use of this app (including your IP address) generated by cookies and app beacons and the delivery of advertising formats are generally transmitted to a server in the United States and stored there.

Google will use this information to analyze your use of the app. Google may also transmit this information to third parties, insofar as this is legally required or insofar as third parties process this information on behalf of Google. When AdSense is used, a cookie is set by Google and the IP address is transmitted to Google without the possibility of anonymizing the IP address. In addition, Google AdSense tracks and saves individual user behavior. By using this app you declare your consent to the processing of the data collected about you by Google in the manner described above and for the aforementioned purpose.

6. Disclosure of your data by us

We disclose personal data as required to the legally permissible extent in order to comply with statutory requirements, to implement our principles of pursuing complaints about offers or content that infringe the rights of third parties, and to protect the rights, the property or the security and safety of others. As stated above, we will not disclose your personal data to third parties for marketing purposes without your explicit consent.
We also have the right to forward your personal data to the following recipients:

• service providers commissioned by us to assist us in our business operations (in particular advertising agencies).
• other third parties (e.g. physicians, health insurance companies, other insurance companies) to whom we send your data at your explicit request (or about whom you were explicitly notified and to whom you gave corresponding consent when using a particular service).
• other companies in conjunction with planned mergers, takeovers or company acquisition. In the event of such a merger, we will demand compliance with this data protection and privacy declaration with regard to your personal data from the newly merged company.

7. Access to, editing and correction of your data

You can retrieve, review, edit or delete most of your personal data by logging into your user account. You are obligated to make any required changes or corrections to your data yourself without delay.

8. Revocation, duration of data storage, data deletion

Personal data entered in the app are stored only until the purpose for which you provided them to us has been fulfilled. You are free to delete the entered data; this may restrict the use of the app. You can revoke your consent to the use of your personal data in accordance with this data protection and privacy declaration at any time with effect for the future by deleting your user account. You can undertake the deletion yourself in your user account.

9. Advertising

The app is available in various versions and can be extended. The free version of the app as well as several additional tools can be used only when advertising is integrated. The integration of the advertising can be prevented by using the extended/paid version of the app.

10. Security during data transmission, data transmission to a cloud

Please note that data transmission on the Internet can have security vulnerabilities. Complete protection of data against access by third parties is not possible. Data is SSL-encrypted and transmitted on servers in the Federal Republic of Germany. With the app you can use an upload tool from your mobile device (smartphone, tablet) to store data (e.g. patient CDs with X-ray, CT and MRI images in DICOM format, etc.) in a cloud and use the app to access these data anywhere and at any time you can go online.

11. Dispute Arbitration

Dispute Arbitration according to Art. 14 Par. 1 ODR-VO: The European Commision provides a platform for Online Dispute Arbitration. You can find it at http://ec.europa.eu/consumers/odr/.

12. Change in the data protection & privacy declaration

In the event of changes to this data protection and privacy declaration, we will inform you of the changed data protection and privacy declaration as well as the date on which it takes effect via an update.
Should any ambiguities or cases of doubt arise and with regard to all claims or legal disputes, the German version of the terms and conditions apply exclusively, never the English version.