Heart for Heart is a randomized crowdsourced data collection initiative. The aim is to involve participants to help us further develop Happitech’s technology through a health crowdsourcing campaign. The data and information collected through this campaign will help to speed up the development process of this technology. The data and information will be used to improve the algorithm that in turn will help Afib patients.
Before using the Heart for Heart mobile application (the “Application’), please carefully read the following Terms of Use and Privacy Policy (“Terms”). Heart for Heart participation is done on a voluntary basis by persons 18 years of age or older.
By accessing and using this Application, you acknowledge that you have read, understood and agree to be bound by these Terms. If at any time you do not agree to these Terms, please do not access or use this Application.
Use of the Application in any way not expressly permitted by these Terms is prohibited.
All right, title, and interest in and to the Application and the content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are exclusively owned by Happitech B.V.
You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Application unless expressly authorized by Happitech B.V.
By using the Application, you consent to the use of your Personal Information, Diagnostic, Photoplethmography & Heart Rate Information, Usage and Analytics Information (collectively referred to as ‘Data’), as described herein. You may withdraw your consent to our processing of your Data at any time.
Personal Information
The Application tracks your Photoplethmography and heart rate data, Researchkit Questions, iPhone model, operating system version, hardware, browser version. When using the Application we may also collect information about you personally, such as your gender, length, age, activity level, location (collectively referred to as “Personal Information’).
We use your Personal Information to improve the Application and to send you general and administrative notifications if necessary.
Photoplethmography & Heart Rate Information
The Application will perform a photoplethmography measurement. The measurement will allow the calculation of the heart rate and heart rhythm. Motion detection also helps determine the signal quality (‘Photoplethmography & Heart Rate Information’).
We may use Photoplethmography & Heart Rate Information to improve our Application Photoplethmography & Heart Rate Information in a de-identified, aggregated, and anonymous way, to increase the Application’s functionality and user-friendliness and medical research purposes.
Usage and Analytics Information
The Application may collect information through the use of commonly used information-gathering tools, such as cookies and log files. Such Information may include information regarding your mobile device (such as your device model and unique device id number), browser type, browser language, operating system, internet protocol (“IP”) address (“Usage and Analytics Information”).
Usage and Analytics Information will be used to improve our Application. We may also use your Usage and Analytics Information in a de-identified, anonymous way in conjunction with analytics services.
Security and retention
We use reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect your Data.
We will keep your Data for as long as it remains necessary for the identified purposes or as required by law.
Disclosures & Transfers
In the event Happitech B.V. needs to collaborate or involve third parties to help us improve the Application, Happitech will ensure that such third parties will sign an agreement with terms and condition not less protective as the terms set out herein. Happitech B.V. will not disclose or transfer your Data to third parties without your permission, except as specified in these Terms.
The results of the Heart for Heart study will be shared with Bug Labs for visualization on the Freeboard platform.
Happitech B.V. may disclose your Data to third parties in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, to comply with the law, protect any person from death or serious bodily injury, prevent fraud or abuse of us or our users, protect our property rights.
Happitech B.V. reserves the right at any time and from time to time to modify or discontinue the Application, or any portion thereof, with or without notice. You agree that Happitech B.V. shall not be liable to you or to any third party for any modification or discontinuance of the Application.
Happitech B.V. reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Application for any reason.
Cell phones are no (validated) medical devices. Although the aim is to the measurements using the mobile phone are made to resemble the similar measurements (validated) medical devices, Happitech B.V. is not responsible for the differences between the measurements with the phone and validated medical devices. The measurement with the phone is not a substitute for measurements by medical equipment and doctors' examinations.
Heart for Heart and the use of our Application is not a clinical trial and the results shall not be presented as a medical diagnosis. Accordingly, Happitech shall not be obliged to report medical information to you.
The Application is controlled within The Netherlands. Those who choose to access the Application from locations outside of the The Netherlands do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
THE APPLICATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPITECH ITS COLLABORATORS AND/OR LICENSEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TOTHE USE OF THE APPLICATION INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPPITECH DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF THE USE OR IN CONNECTION WITH THE APPLICATION. IN NO EVENT SHALL HAPPITECH, ITS COLLABORATORS AND/OR LICENSEESBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGESWITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF HAPPITECH ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT COVERED BY HAPPITECH’S INSURANCE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HAPPITECH B.V., ITS COLLABORATORS AND/OR LICENSEES HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USE OF THE APPLICATION; OR YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF HAPPITECH OR ANY THIRD PARTY.
These Terms set forth the entire understanding and agreement between you and Happitech B.V. with respect to its subject matter.
These Terms may be revised or updated from time to time by Happitech B.V. Each time you access, use or browse the Application, you signify your acceptance of the then current Terms.
The validity, construction and performance of these Terms of Use and Privacy Policy shall be governed by the laws of The Netherlands and shall be subject to the exclusive jurisdiction of the court in Amsterdam to which the parties hereby submit.
Any action or claim you may have with respect to the use of Application must be commenced within three (3) months after the claim or cause of action arises.
Please direct any questions you may have about this Terms of Use and Privacy Policy to heartforheart@happitech.com