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Privacy Policy - Navina Smart App

Navina Smart app is developed according to the principles of Privacy By Design and Default, meaning that measures have been taken to protect the integrity of you as a user including technical security solutions. The personal data that you insert into the Navina Smart app is solely handled by yourself and it is your responsibility to ensure that you handle and share your information with care. Navina Smart app is installed locally on your mobile device, and no personal data is stored by Wellspect Healthcare or any of its contracted third parties.

Terms and conditions

Welcome to the Navina™ Smart app (“Application”). Your use of the Application is subject to these terms and conditions which is a legal agreement between yourself and Wellspect Healthcare. Please read the terms of conditions carefully before you start to use the Application. By clicking Accept or by using the Application, you agree to be bound by these terms and conditions, and any other terms and conditions that are incorporated herein by reference. If you do not agree with these terms and conditions, do not click Accept and do not use the Application.

1. DESCRIPTION OF APPLICATION

The Application shall be used together with the Navina™ Smart system, to extract irrigation data from the system and present it in lists, graphs and detailed views. Irrigation data can once transferred to the Application, be supplemented with personal ratings and other information such as comments. Personal evaluations may also be accomplished for the irrigation therapy and the bowel management. On your action, reports of your irrigation data including personal ratings and comments may be sent by you to your selected recipients, e.g. your physician or other healthcare provider. Your personal evaluations for the irrigation therapy as well as the bowel management will be included in those reports.

The Application is installed locally on your mobile device, and all data associated with the Application is stored in a local database on your device. The function Send report will use a Wellspect Healthcare server to create the reports, where after the reports will be sent back to your mobile device and then be deleted from the server. The Application may be used without Internet access, except the function of creating and sending reports via e-mail and the help functions from Wellspect Healthcare website, which requires Internet access.

Your evaluations and ratings of the irrigation therapy and bowel management, as well as data filled in by you in the Setting menu, will automatically and anonymously be sent and stored with Wellspect Healthcare or any of its contracted third parties. No edited text will be sent, only your selections of predefined answers. The data cannot be identified as your data by Wellspect Healthcare. Access to the data will be given by Wellspect Healthcare to its employees and health care professionals for the purpose of data analytics in order to improve the products and the therapy.

2. THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Application, such as text, images, diagrams, numbers and animations, and other information contained in the Application are for information purposes only. The content does not constitute medical advice, and is not a substitute for professional medical advice, treatment or diagnostics. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of any content you have read in the Application.

Reliance on any information provided in the Application is solely at your own risk. If you think you may have a medical emergency, call your doctor or other healthcare provider immediately.

3. INTELLECTUAL PROPERTY RIGHTS

The Application and its entire contents, features and functionality (including, but not limited to, all information, software, products, text, displays, images, video and audio, and the design, selection and arrangement thereof), is the exclusive property of Wellspect Healthcare, its affiliates, its licensors or other providers of such material, as applicable, and are protected by copyright, patent, trademark and other intellectual or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Application except for permitted use of the Application. No right, title or interest in or to the Application or any content in the Application is transferred to you, and all rights not expressly granted are reserved by Wellspect Healthcare. Nothing contained in the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or contained in the Application without written permission from Wellspect Healthcare. Wellspect Healthcare does not waive any right to any Trademark or to any other intellectual property rights and nothing herein, including the absence of a Trademark in this Application shall be construed to the contrary. Any use of the Application not expressly permitted by these terms of service is a breach of these terms and conditions and may violate copyright, trademark and other laws. 

The trademarks, logos, product and service marks, designs and slogans (collectively the “Trademarks”) displayed in the Application are registered and unregistered Trademarks of Wellspect Healthcare and its affiliates or licensors or their respective owners.

In order to improve readability, Wellspect Healthcare does not use ™ or ® in the running text or on pictures and other images in this Service, either for its own Trademarks or for the Trademarks of third parties. By doing so, however, Wellspect Healthcare does not waive any rights to its Trademarks.

4. NO WARRANTY

You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application ("Services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and Wellspect Healthcare hereby disclaims all warranties and conditions with respect to the Application and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Wellspect Healthcare does not warrant against interference with your enjoyment of the Application, that the functions contained in, or Services performed or provided by, the Application will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects in the Application or Services will be corrected. No oral or written information or advice given by Wellspect Healthcare or its authorized representative shall create a warranty. Should the Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

5. LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event shall Wellspect Healthcare be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Wellspect Healthcare’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. TERMINATION

You are free to stop using the Application at any time. Wellspect Healthcare reserve the right to suspend or terminate your access to the Application at any time, with or without cause or without prior notice. Upon such termination your right to access or use the Application will immediately terminate, and you will have no further access to any information, files or materials related to the Application. Wellspect Healthcare is not liable whatsoever to you or any third party as a result of such a termination.

7. MODIFICATIONS

Wellspect Healthcare may at any time in its sole discretion revise or update these terms and conditions by updating this posting. All changes are effective immediately when they are posted and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised terms of service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Wellspect Healthcare reserves the right to withdraw or amend the Application, and any service or material it provides, in its sole discretion and without notice. Wellspect Healthcare will not be liable if for any reason if all or any part of the Application is unavailable at any time or for any period.

8. LINKS FORM THE SERVICE

Any links contained in the Application to other sites or resources provided by third parties are provided for your convenience only. Wellspect Healthcare has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to in this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

9. MISCELLANEOUS

10.1 Choice of Law and Forum

All matters relating to the Application and these terms and conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Sweden without giving effect to any choice or conflict of law provision or rule (whether of Sweden or any other jurisdiction). Any dispute, controversy or claim arising out of or in connection with the Application or these terms of service shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Gothenburg, Sweden. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory law of your local jurisdiction.

10.2 Waiver and Severability

 No waiver by Wellspect Healthcare of any term or condition set forth in these terms and conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wellspect Healthcare to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms and conditions will continue in full force and effect.

10.3 Headings for Reference Only

The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of these terms of service.

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