Terms & Conditions.
LEGAL NOTICES
The website https://www.cardmedic.com/ , web app (https://app.cardmedic.com) and mobile application (Apple: https://apps.apple.com/gb/app/cardmedic/id1510011459 and Google Play: https://play.google.com/store/apps/details?id=com.cardmedic.app) are owned and managed by Card Medic Limited in the U.K., a limited company with registered number 12544617 and registered office address at Oxford Centre for Innovation, New Road, Oxford, OX1 1BY and Card Medic, Inc. in the U.S. registered at 251 Little Falls Dr. Wilmington, DE 19808. Trading as “CardMedic” The use of the website, web app and mobile application are subject to the following terms and conditions and by using the website, web app and mobile application and their content you agree to the terms and conditions set out below, including the disclaimer. Do not continue to use CardMedic if you do not agree to all of the terms and conditions below. These Terms and Conditions are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. The following terminology applies to these terms and conditions: "You" and "Your" refers to you, the person using this website, web application and mobile application and "CardMedic", "We", "Our" and "Us", refers to Card Medic Limited (UK) and Card Medic, Inc.(USA) and their respective websites, web applications and mobile applications.
TERMS & CONDITIONS
OUR TRADEMARK Our companies Card Medic Limited and Card Medic, Inc. trade as “CardMedic” and this trading name and trademark belongs to Card Medic Limited and is protected as a registered trademark. No use may be made of our trade name or trademark without express prior written licence from Card Medic Limited. OUR PROPRIETARY RIGHTS Content on the CardMedic website, web application, mobile application and related company collaterals may be created by a variety of contributors, including but not limited to employees, sub-contractors, directors, users, authors, subject matter experts, and third-party collaborators engaged by CardMedic. Regardless of the source or nature of the contribution, all intellectual property rights in the content belong exclusively to CardMedic. This ownership applies to content created directly or indirectly, whether through employment, contractual relationships, or user contributions, and includes all forms of intellectual property rights arising from or associated with such content. Specifically (but without limitation) the content of the website, web application and mobile application (including communication flashcards and related features and functionality) is protected as copyright (and copyright is asserted with the copyright notice appearing at the foot of each screen or page). No licence for the reproduction of any CardMedic owned copyright material, website, web application or mobile application content has been granted by CardMedic to any third party for the purpose of reproduction nor, particularly, to create a website, web application, mobile application or collection of printed materials containing CardMedic content (individually or in combination). You must not republish or copy copyright material (including (without limitation) an individual communication flashcard and/or any combination of two or more communication flashcards, website, web app or mobile application content) belonging to CardMedic, nor sell, rent or sub-license such copyright material without express prior written consent. You may not create frames around our web pages, web application pages or mobile application pages without prior written permission or otherwise copy, screen capture or share CardMedic content with others (including patients and colleagues) unless with express written permission from CardMedic. GRANT OF LICENCE TO HEALTH WORKERS TO USE CARDMEDIC The CardMedic website, web application, mobile application, communication flashcards and associated features and content are designed to be used by health workers as a communication tool with individual patients and as such is intended that the communication content on the website, web application and mobile application be accessed by a health worker and shared (as a communication tool) with their patient(s) exclusively and at no charge to the patient. Such use may be by way of creating a hard copy (print out) to show to a patient or by downloading an electronic copy to use in communication with a patient on an electronic device. There is no limit to the number of times a health worker may access the website, web application or mobile application to use the content as a communication tool nor any limit to the number of patients that a health worker may use the communication tool with. It is prohibited for any charge to be made by the health worker for use of the CardMedic in any context whatsoever. YOUR SUGGESTIONS AND COMMENTS You hereby grant CardMedic a non-exclusive license to use, reproduce, edit and authorise others to use any of your suggestions or comments that may be useful to us in the improvement of our website, web application and mobile application, and content (in any and all forms, formats or media). THIRD PARTY LINKS, CONTENT AND WEBSITES We link to some third party sites from our website, web application and mobile application. While we strive to provide only quality links to useful and reliable websites, we have no control over the content and nature of third party websites and take no responsibility (and decline all liability) for the content on any third party website. A link to another website does not imply a recommendation for all the content found on these websites and we may remove a link to a third party site at any time with no notice. Please be also aware that any third party website will be subject to their own policies and terms and you should consult the general terms and conditions of each website. DISCLAIMER FOR CARDMEDIC If you require any more information or have any questions about our disclaimer, please feel free to contact us by email at info@cardmedic.com. All the information and content on this website at https://www.cardmedic.com/, web application at https://app.cardmedic.com/ and mobile application at Apple: https://apps.apple.com/gb/app/cardmedic/id1510011459 and Google Play: https://play.google.com/store/apps/details?id=com.cardmedic.app is published in good faith and for general information purpose only. The website, web application and mobile application do not provide medical advice and are not intended to be a substitute for professional medical advice, diagnosis or treatment from a qualified medical doctor or other qualified health care worker. You should never delay seeking medical advice or disregard professional medical advice based on any of the content of this website, web application or mobile application. Any action you take on the content you find on the website, web application or mobile application, is strictly at your own risk. The content of the website, web application and mobile application are provided “as is”. CardMedic does not represent nor guarantee the information on the website, web application or mobile application are fault or error free, comprehensive, up to date or accurate although it is believed to be correct at the time of creation and publication on the website, web application and mobile application. The website, the website contents, web application and web app contents, mobile application and mobile application contents includes sections which are provided free of charge and as such CardMedic does not guarantee its uninterrupted availability, nor any service level, nor that the service is free of any virus. To the maximum extent permitted by applicable law and taking into account that sections of the website, web application, mobile application and their content are provided free of charge, CardMedic, it’s directors and employees (i) expressly exclude all representations and warranties of any kind (whether express, implied or statutory) as to the completeness, reliability and accuracy of any of the content of the website, web application and mobile application; and (ii) shall not be held responsible or liable for any direct, indirect or consequential losses or damages, expenses or other claims howsoever arising out of actions taken by you (or any third party) in connection with the content of the website, web application or mobile application, or your use of (or inability to use) the website, web application or mobile application (or any third party’s use of (or inability to use) the website, web application or mobile application). CardMedic, its directors and employees, exclude all liability for third party website content, web application content and mobile application content, or for any liability, damages or expenses howsoever incurred in relation to any link to the third party content from the website, web application or mobile application. Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and prohibitions of liability set out in this section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
| Activity | Type of data | Legal Justification | Lawful basis for processing data |
|---|---|---|---|
| When a user signs up | Profile/Identity Data | Medical Research Contractual Obligations Legitimate Interest | We need to process this data in order to provide you with our services and fulfil our contractual obligations. This includes being able to verify your identity and presenting your name and occupation to patients via our app. We will also share this data securely with your place of work so that they can track the uptake of our app across their organisation and enable them to contact you directly for your feedback about our app. |
| When a user signs up | Contact Data | Medical Research Contractual Obligations Legitimate Interest | We need to process this data in order to provide you with our services and fulfil our contractual obligations. This includes being able to verify your identity and presenting your name and occupation to patients via our app. We will also share this data securely with your place of work so that they can track the uptake of our app across their organisation and enable them to contact you directly for your feedback about our app. |
| When a user signs up | Technical Data | Medical Research Contractual Obligations Legitimate Interest | We need to process this data in order to provide you with our services and fulfil our contractual obligations. |
| When a user signs up | Customer Support Data | Medical Research Contractual Obligations Legitimate Interest | We need to process this data in order to provide you with our services and fulfil our contractual obligations. |
| When a user signs up | Usage Data | Medical Research Contractual Obligations Legitimate Interest | We need to process this data in order to provide you with our services and fulfil our contractual obligations. |
| When a user signs up | Marketing and Communications Data | Legitimate Interest | We need to process this data in order to provide you with the marketing and communications data which you have opted to receive. |
| When a user purchases our products or services | Transactional Data | Legitimate Interest | We need to process this data so that we know who and where to charge for the products you have purchased from us |
| When a user purchases our products or services | Billing Data | Legitimate Interest | We need to process this data so that we know who and where to charge for the products you have purchased from us |
| When a user purchases our products or services | Financial Data | Legitimate Interest | We need to process this data so that we know who and where to charge for the products you have purchased from us |
PRIVACY POLICY
INTRODUCTION AND IMPORTANT INFORMATION ON WHO WE ARE Welcome to Card Medic Limited’s Privacy and Data Protection Policy (“Privacy Policy”). The following terminology applies to this Privacy Policy: "You" and "Your" refers to you, the person using this website, web application and mobile application and "CardMedic", "We", "Our" and "Us", refers to Card Medic Limited (UK) and Card Medic, Inc.(USA) and their respective websites, web applications and mobile applications. At Card Medic Limited (“we”, “us”, or “our”) we are committed to protecting and respecting your privacy and Personal Data in compliance with the United Kingdom General Data Protection Regulation (“GDPR”), the DPA 2018 and all other mandatory laws and regulations of the United Kingdom. This Privacy Policy explains how we collect, process and keep your data safe. The Privacy Policy will tell you about your privacy rights, how the law protects you, and inform our employees and staff members of all their obligations and protocols when processing data. THE INDIVIDUALS FROM WHICH WE MAY GATHER AND USE DATA CAN INCLUDE Customers Suppliers Business contacts Employees/Staff Members Third parties connected to your customers and any other people that the organisation has a relationship with or may need to contact. This Privacy Policy applies to all our employees and staff members and all Personal Data processed at any time by us. WHO IS YOUR DATA CONTROLLER Card Medic Limited is your Data Controller and responsible for your Personal Data. We are not obliged to appoint a Data Protection Officer and have not voluntarily appointed one at this time. Therefore, any inquiries about your data should either be sent to us on email at info@cardmedic.com or sent in a letter to Card Medic Limited, Oxford Centre for Innovation, New Road, Oxford, OX1 1BY. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. PROCESSING DATA ON BEHALF OF A CONTROLLER AND PROCESSORS’ RESPONSIBILITY TO YOU In discharging our responsibilities as a Data Controller we have employees who will deal with your data on our behalf (known as “Processors”). Therefore, the responsibilities described below may be assigned to an individual, or may be taken to apply to the organisation as a whole. The Data Controller and our Processors have the following responsibilities: Ensure that all processing of Personal Data is governed by one of the legal bases laid out in the GDPR policy (see table below for more information on those bases); Ensure that Processors authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk associated with the processing of Personal Data; Obtain the prior specific or general authorisation of the Controller before engaging another Processor; Assist the Controller in the fulfilment of the Controller's obligation to respond to requests for exercising the data subject's rights; Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the GDPR policy and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller; Maintain a record of all categories of processing activities carried out on behalf of a Controller; Cooperate, on request, with the supervisory authority in the performance of its tasks; Ensure that any person acting under the authority of the Processor who has access to Personal Data does not process Personal Data except on instructions from the Controller; and Notify the Controller without undue delay after becoming aware of a Personal Data Breach; LEGAL BASIS FOR DATA COLLECTION TYPES OF DATA / PRIVACY POLICY SCOPE “Personal Data” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together below. Not all of the following types of data will necessarily be collected from you but this is the full scope of data that we collect and when we collect it from you: Profile/Identity Data: This is data relating to your first name, last name, occupation and your image/photograph. Contact Data: This is data relating to your place of work addresses, email addresses. Marketing and Communications Data: This is your preferences in receiving marketing information and other information from us. Billing Data: This is information relating to your place of work payment details and related billing addresses. Financial Data: These are your place of work banking details e.g. account number and sort code. Transactional Data: This is information of details and records of all payments you have made for our services or products. Technical Data: This is your IP address, browser type and version, time zone setting and location, operating system and platform, and other technology on the devices you use to engage with us. Customer Support Data: This includes feedback and survey responses. Usage Data: information about how you use our website, products and services. We also collect, use and share Aggregated Data such as flashcard usage, content usage, content preferences and user types. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy. We may also aggregate data to enable research or analysis so that we can better understand and serve you and others. For example, we may conduct research on your demographics and usage. Although this aggregated data may be based in part on Personal Data, it does not identify you personally. We may share this type of anonymous data with others, including service providers, our affiliates, agents and current and prospective business partners. THE LEGAL BASIS FOR COLLECTING THAT DATA There are a number of justifiable reasons under GDPR that allow collection and processing of Personal Data. The main avenues we rely on are: “Consent”: Certain situations allow us to collect your Personal Data, such as when you tick a box that confirms you are happy to receive email newsletters from us, or ‘opt in’ to a service. “Contractual Obligations”: We may require certain information from you in order to fulfil our contractual obligations and provide you with the promised service. “Legal Compliance”: We’re required by law to collect and process certain types of data, such as fraudulent activity or other illegal actions. “Legitimate Interest”: We might need to collect certain information from you to be able to meet our legitimate interests - this covers aspects that can be reasonably expected as part of running our business, that will not have a material impact on your rights, freedom or interests. Examples could be your address, so that we know where to deliver something to, or your name, so that we have a record of who to contact moving forwards. HOW WE USE YOUR PERSONAL DATA OUR USES We will only use your Personal Data when the law allows us to. Set out below is a table containing the different types of Personal Data we collect and the lawful basis for processing that data. Please refer to the table below for more information on the lawful basis listed in the table below. Examples provided in the table below are indicative in nature and the purposes for which we use your data may be broader than described but we will never process your data without a legal basis for doing so and it is for a related purpose. For further inquiries please contact us.
CONTENT AND FEATURE UPDATES
You will receive new content and product feature communications from us unless you specifically request that you would not like to receive these communications. From time to time we may make suggestions and recommendations to you about goods or services that may be of interest to you.
CHANGE OF PURPOSE
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
YOUR RIGHTS AND HOW YOU ARE PROTECTED BY US
WHAT CONTROL DO I HAVE OVER CARD MEDIC LIMITED’S USE OF MY PERSONAL DATA?
Your account information will be protected by a password for your privacy and security. You need to prevent unauthorised access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and by signing off after you have finished accessing your account.
You can access information associated with your account by logging into your account you created with us.
We do not guarantee the ability to delete all stored data. If you would like us to delete/correct personally identifiable data, let us know and we will action your request as soon as practicable.
California Privacy Rights: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to info@cardmedic.com.
HOW DOES CARD MEDIC LIMITED PROTECT CUSTOMERS’ PERSONAL DATA?
We are concerned with keeping your data secure and protecting it from inappropriate disclosure. We implement a variety of security measures to ensure the security of your Personal Data on our systems, including adopting a secure protocol and encrypting our databases using AWS Cognito identity services. Any Personal Data collected by us is only accessible by a limited number of employees who have special access rights to such systems and are bound by obligations of confidentiality. If and when we use subcontractors to store your data, we will not relinquish control of your Personal Data or expose it to security risks that would not have arisen had the data remained in our possession. However, unfortunately no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Card Medic Limited to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please contact us.
OPTING OUT OF MARKETING PROMOTIONS
You can ask us to stop sending you marketing messages at any time by contacting us or unsubscribing.
Where you opt out of receiving these marketing messages, we will continue to retain other Personal Data provided to us as a result of interactions with us not related to your marketing preferences.
HOW TO REQUEST YOUR DATA AND THE PROCESS FOR OBTAINING IT
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, if your request is clearly unfounded, we could refuse to comply with your request.
We may need to request specific information from you to help us confirm your identity and ensure you have the right to access your Personal Data (or to exercise any of your other rights). 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.
YOUR DATA AND THIRD PARTIES
WILL WE SHARE YOUR DATA WITH THIRD PARTIES?
We may share non-Personal Data with third parties. We may share your Personal Data with subcontractors (only when necessary and with your consent) or affiliates (subject to confidentiality obligations to use it only for the purposes for which we disclose it to them and pursuant to our instructions).
We may share your Personal Data at any time if required for legal reasons or in order to enforce our terms or this Privacy Policy.
THIRD-PARTY LINKS
The CardMedic website, web application or mobile application may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, web application or mobile application, we encourage you to read the privacy policy of every website you visit.
HOW LONG WILL WE RETAIN YOUR DATA FOR?
We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for. We may retain your Personal Data for a longer period than usual in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
AGE LIMIT FOR OUR USERS
You must not use Card Medic Limited unless you are aged 16 or older. If you are under 16 and you access Card Medic Limited by lying about your age, you must immediately stop using Card Medic Limited.
This website is not intended for children and we do not knowingly collect data relating to children.
INTERNATIONAL TRANSFER OF DATA
Your information may be stored and processed in the US or other countries or jurisdictions outside the US where Card Medic Limited has facilities. We are currently storing data in the EU and so, by using Card Medic Limited, you are permitting and consenting to the transfer of information, including Personal Data, outside of the US.
NOTIFICATION OF CHANGES AND ACCEPTANCE
We keep our Terms and Conditions and Privacy Policy under review and will place any updates on this webpage. This version is dated 10 December 2024. By using CardMedic, you consent to the collection and use of data by us as set out in these Terms and Conditions and Privacy Policy. Continued access or use of CardMedic will constitute your express acceptance of any modifications to these Terms and Conditions and Privacy Policy.
INTERPRETATION
All uses of the word “including” mean “including but not limited to” and the enumerated examples are not intended to in any way limit the term which they serve to illustrate. Any email addresses set out in this policy may be used solely for the purpose for which they are stated to be provided, and any unrelated correspondence will be ignored. Unless otherwise required by law, we reserve the right to not respond to emails, even if they relate to a legitimate subject matter for which we have provided an email address. As a matter of common sense, you are more likely to get a reply if your request or question is polite, reasonable and there is no relatively obvious other way to deal with or answer your concern or question (e.g. FAQs, other areas of our website etc.).
Our staff are not authorised to contract on behalf of Card Medic Limited, waive rights or make representations (whether contractual or otherwise). If anything contained in an email from a Card Medic Limited address contradicts anything in this policy, our terms or any official public announcement on our website, web application or mobile application, or is inconsistent with or amounts to a waiver of any Card Medic Limited rights, the email content will be read down to grant precedence to the latter. The only exception to this is genuine correspondence expressed to be from the Card Medic Limited legal department.
