Effective as of […] April 2018
In using any Services or products provided by NordendGlobal AG (the “Services”) (company registration number CHE-371.048.200, legal address at General-Wille-Strasse 65, 8706 Feldmeilen, Switzerland (“we”, “us”, or, “Company”) you (“you”, the “User” or “Account Manager” as defined below) agree to the following Terms of Service (the “Agreement”). This Agreement explains our obligations to you, and your obligations to us in the context of your use of the Services as defined below. This Agreement is the entire Agreement between us concerning the use of these Services.
2.1. To access the Services, each User must create an Account.
2.2. The physical person establishing an Account (the “Account Manager” on behalf of a legal entity) (the “Account Entity”) thereby confirms that he or she is acting with authority to bind the Account Entity to this Agreement. We reserve the right to verify the identity and authority of such persons
2.3. The Account that is created on the Website is used to access the web application on our Website (the “Web Application”), and the DEREC iOS application (the “iOS Application”).
2.4. You may also receive an invitation to create an account on the Website. In this case, the account of the User will be specifically linked with the account of the invitee, as further explained in our [Terms of Service].
2.5. Each User is solely responsible for his or her actions and for any and all information he or she makes available on the Services.
3.1. Through the iOS Application, the Company provides Users with a dental data management system that includes details of medical manipulations and patient history (“Dental Data System”).
3.2. Through the Web Application, the Company provides Users with a patient scheduling and patient profile management system (“Patient Management System”).
3.3. Through the Web Application, the Company provides Users with tools to manage their Accounts (“Account Tools”).
3.4. The Company may from time to time offer various Services to Users on a no-fee basis (“Free Services”) and/ or on a paid basis (“Pro Services”) The content and pricing of the Pro Services will be available at [LIST LOCATION] (“Pricing Plan”). Users of the Free Services are limited to a number of ten (10) Users per account, while a Pro Services account can have an unlimited number of Users.
4.1. Users can access the Patient Management System by logging in through the Website using a Username and password.
4.2. The functionality of the schedule and appointment management system depends on whether the User of the Account is designated either as a practicing dentist (“Doctor”), or whether the User is designated as an administrative assistant (“Receptionist”). A single Account is utilized for a single organization or company, such as, for example, dental practices, academic institutions and corporate conglomerates (“Organization”) with synchronized data and profiles between all Users. These scheduling systems are used to track scheduled appointments (“Appointment”) with patients who have been listed in the system (“Patient”), and to review their data on the platform (“Patient Profile”).
4.3. The Doctor scheduling system can be used:
a) to review their individual Appointments with Patients;
b) to input an Appointment;
c) to reserve a certain time on the schedule;
d) to access Patient Profiles;
e) for other functions that are currently included or will be included in the future.
4.4. The Receptionist scheduling system allows the User:
a) to review the Appointments and schedules of all Doctors;
b) review all appointments for a specific Doctor;
c) other functions that are currently included or will be included in the future.
4.5. All types of Users can access the Patient Management System by pressing the Patients tab while using the Services. The Patients tab lists all the patients that are assigned to a Practice. It allows all Users:
a) to review the list of Patients;
b) to add an Appointment to a specific Patient;
c) to search for all Practice patients;
d) to review edit the data in a Patient Profile, which includes basic data about the Patient, including his/her gender and age, as well as their identification number and their address. Moreover, evaluative data can be added to the Patient Profile on patient behavior;
e) to view all upcoming appointments and all previous appointments for a given Patient;
f) other functions that are currently included or will be included in the future.
5.1. All Users can access their Account Settings in the Web Application, where the User is given multiple tools to manage their User profile, or to manage the Account, if the User is also the Account Manager.
5.2. On the Your Profile page, the User can:
a) change the full name of the User;
b) change the listed Practice or company of the User;
c) change the Password of the User.
5.3. On the Subscription & Billing page, the User can:
a) review the status of his subscription;
b) add or edit billing data.
5.4. On the Team Management page, the User can:
a) review all Users who are currently assigned to a Practice;
b) review the individual profile of a User;
c) search Users by name;
d) delete Users;
e) edit User data.
5.5. New functions may be added to this functionality during the course of any future updates.
6.1. To use the iOS Application a User account must be created, or an already registered User account can be used to log in.
6.2. The User account can be registered by the User/Account Manager either on the iOS Application or the Web Application.
6.3. The iOS Application is meant to be used by Doctors and does not include the depth of administrative functionality that is a part of the Web Application.
7.1. By accessing the iOS Application Schedule via the Schedule tab, the User can review their individual schedule.
7.2. The iOS Application Schedule cannot add new Appointments. The Web Application Schedule and Appointment Management functionality must be used to input new appointments.
8.1. Users can access the Dental Data System functionality on the iOS Application by pressing the Patients tab while using the Services. The Patients tab lists all the patients that are assigned to a Practice. The iOS Application Dental Data System includes a visual component to the Patient Profile where the visual dental profile of the Patient can be edited and manipulated
8.2. It allows Users:
a) to review all of the Patients that have been assigned to the Practice;
b) to edit the profile of a Patient;
c) to add a new Patient Profile to the Practice;
d) to review the treatment history of a Patient Profile;
e) review the historical record of all data inputs about the Patient;
f) to review, edit and add to the treatment plan of the Patient Profile;
g) to view medical issues that the Patient has experienced;
h) to add an oral health issue to the Patient Profile;
i) to add a history record to a Patient Profile.
8.3. The visual dental profile allows Users to:
a) visually review the dental profile of the Patient;
b) to review the data and properties of a single tooth of the Patient;
c) to track and plan the restoration of a tooth;
d) to assign properties, data and attributes about a single tooth.
9.1. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
9.2. You will not transfer your account to anyone without first getting our express written permission.
9.3. You will not access this Website nor use the Services for any unlawful purposes or to conduct any unlawful activity.
9.4. Each User is responsible for his or her use of the Website and Services, for correctness and completeness of any and all data entered into the Website or Services (“Data”), and for any consequences thereof. The User is responsible for ensuring that he or she has the proper authority to upload and/or share the Data.
9.5. The Company bears no responsibility for the Data, including liability for disclosure of confidential or non-public information.
9.6. You will ensure that you have secured the consent of any person in a user capacity who is added to the Account.
9.7. You will not use or access our Services, directly or indirectly, to access and/or download fonts or any proprietary content located on the Website, Web Application or iOS Application at any time. Violators will have access terminated immediately and the Company reserves the right to seek remedies and/or damages under the law.
11.1. Upon termination for whatever reason, the Company will delete all data, files, or other information that are stored in your account unless and, to the extent, required by law to maintain the data, files or other information.
11.2. Services may be terminated by any User and/or Account Manager, without cause, at any time.
11.3. Termination by Company
a) Company may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
b) Notice of termination of Services by Company will be sent to the contact e-mail associated with the User account.
12.1. When you use the Website and our Services, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags, browser analysis tools, and web server logs. As you use our Website and our Services, your browser and devices communicate with servers operated by us, our business partners and Services providers to coordinate and record the interactivity and fill your requests for Services and information.
12.2. The information from cookies and related technologies is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Website and our Services by your computer or mobile device. These servers are operated and the cookies managed by us, our business partners or our service providers.
12.4. We use Google Analytics and other Services to help us understand how visitors interact with our Website and to help improve our User experience.
13.1. You may use the Website, Web Application and iOS Application for the processing of the Personal Data of other natural persons’ Personal Data, for example, patients.
13.3. Hereby you confirm that you understand that you have the right to use the Website, Web Application and iOS Application for the processing of the third party’s Personal Data only if you have a legal basis to carry out such activities with the Personal Data and if you comply with the requirements of the applicable laws.
14.1. Scope, Rules and Subject-Matter. This section lays out the terms and conditions for the processing of Personal Data in the context of these Terms of Service and the Services provided by the Company. These terms apply to all data that is processed by the use of these Services. For the purposes of Data Processing, the User/Account holder is designated as the Controller and the Company will be the Processor. Any additional subcontractors that provide Services for the Processor are to be considered Sub-Processors.
14.2. Right to act as Controller. By agreeing to these Terms of Service, the User/Account holder confirms that the data subjects – in this case, the Patients whose data will be processed, have given the User/Account holder the right to act as a Controller for their data.
14.3. Right to designate a Processor. By agreeing to these Terms of Service, the User/Account holder confirms that he, as a representative of the Controller, has the right to consent to this agreement with the Processor.
14.4. Nature and Purpose of Processing: The purpose of processing Patient data is to facilitate the provision of the Services by (i) creating unique Patient profiles; (ii) allowing authorized Users to view and modify the unique patient profiles; (iii) to facilitate the administration of a dental practice by allowing Patient Personal Data to be used for scheduling purposes.
14.5. Liability of Processor. The Processor is in no way liable or responsible for the actions of the Controller with regards to handling of Patients’ Personal Data.
14.6. Categories of Data Subjects. The categories of Data Subjects whose Personal Data will be processed are the (i) Users of the Website and Services; (ii) the Patients of the registered Users.
14.7. Duration of Data Processing. The Data Processing will take place for the duration of the use of the Services provided for by Company, and until these Terms of Service are in effect between the User and Company.
14.8. The Company shall process Personal Data on behalf of the User solely to facilitate the Services that have been designated solely to the extent specified and within the scope of the specified purposes in accordance with the specified nature and period of processing that have been included Terms of Services, as well as in compliance with the laws and regulations of the European Union and the Swiss Confederation. The Company shall not have the right to process Personal Data otherwise than provided for in these Terms of Service.
14.9. The Processor shall ensure and take appropriate measures (including technical and organizational measures) to protect Personal Data, in compliance with the laws and regulations of the EU (Specifically, Article 32 of the GDPR) and the Swiss Confederation.
14.10. The Processor shall have an obligation to keep the record of the processing of the Personal Data and present said documentation at the request of the Controller, or at the lawful request of the supervisory authority. The Controller shall not be held liable for the Processor’s compliance with the requirements regarding the registration of the Personal Data processing activities.
14.11. The Processor shall not have the right, without the Controller’s prior written consent, to disclose the Personal Data at its disposal, nor shall he disclose the Personal Data to any third party, as well as shall keep such information confidential for an indefinite term during the validity of this Agreement. The Processor shall have the right to make the Personal Data available to third parties to the extent necessary to facilitate the provision of Services.
14.12. The Processor shall have an obligation to ensure that employees, and/or authorized parties, and/or the subcontractors thereof, and/or other processors comply with the confidentiality referred to herein for an indefinite term, unless the laws and regulations of the European Union and the Swiss Confederation impose the obligation to disclose the said information on the Processor or any of the above persons.
14.13. The Processor shall ensure that the received Personal Data are not made available to any person other than the Processor’s employees, authorized parties, data subjects, and such subcontractors, for engaging of which the Controller has given written consent or engaging of which is required for the performance of the Services.
14.14. The Processor shall not have the right to engage any sub-processor without prior specific or general written consent of the Controller. The Processor shall be held liable for the activities of its sub-processors and the damage caused. The Processor may engage sub-processors only subject to the Controller’s written consent regarding a particular sub-processor, or, in the case of a general written consent, the Processor shall notify the Controller of any proposed changes concerning the engaging of additional processors or replacing of the processor, thus, providing the possibility for the Controller to object to such changes.
14.15. The Processor shall have an obligation to ensure that the sub-processor or employee, or authorized person be fully compliant with the same data protection requirements and regulations that must be complied with by the Processor under this Agreement as well as the Contract for Services, especially ensuring that appropriate technical and organizational measures will be taken in order to comply with the Personal Data Processing requirements of the applicable laws and regulations.
14.16. The Controller confirms that the Processor may entrust the processing of Personal Data to the following sub-processors within the scope of this Agreement as well as the Services Contract:
a) [the name of the sub-processor], Registration No.: [registration number], registered office: [registered address]
b) [the name of the sub-processor], Registration No.: [registration number], registered office: [registered address]
14.17. Upon completion of the provision of the Personal Data Processing Services, the Processor shall have an obligation to delete the Personal Data received from the Controller, unless the Controller has given written notice that such data must be transferred to the Controller; delete the derivatives of the data, unless the laws and regulations of the EU and the Swiss Confederation impose on the Processor the obligation to keep such information. If the Processor is unable to delete the Personal Data at the Controller’s request, he shall immediately notify the Controller thereof in writing. The said erasure shall render the possibility of identifying the particular natural person impossible. The Processor shall ensure the compliance with the requirements laid down herein on the part of the sub-processors engaged by the Processor.
14.18. The Processor shall immediately notify the Controller of any such instances, where a breach related to the Personal Data Processing has occurred or it is suspected that such might occur, within 48 (forty-eight hours) of identifying the breach or its potential.
14.19. The Controller or the authorized representative thereof shall have the right to carry out, at any time, the audit of the Processor or the sub-processor engaged by it at the Controller’s discretion with a view to ascertaining whether the Processor and/or sub-processor complies with the Personal Data processing requirements laid down in this Agreement and/or the Services Contract. This also includes examining, whether the processing security requirements have been complied with in Personal Data processing by the Processor or its sub-processors, as well as with the Controller’s instructions, and the requirements of the laws and regulations of the EU and the Swiss Confederation. The Controller shall notify the Processor of the audit arranged by it in advance to the extent that such notification is not prohibited under the laws and regulations. The costs of the audit shall be compensated by the Processor if deficiencies are identified in the processing of the Personal Data processed by the Processor or its sub-processor.
14.20. The Processor shall make available any and all of the information to the Controller and/or his authorized person, presenting documented and sufficient evidence for the Controller to be able to ascertain that the obligations set forth in the Agreement and the applicable laws and regulations are being performed/complied with, and to enable the Controller or another person authorized by the Controller to carry out an audit, including reviews, and provide assistance during them. The Processor shall promptly notify the Controller in the case if any request or instruction infringes, in his opinion, the requirements laid down in the laws and regulations.
14.21. The Processor shall have the right to provide all the necessary support and information to the Controller to enable the latter to carry out such obligations related to Personal Data, which are required under the laws and regulations of the EU and the Swiss Confederacy, including but not limited to the security of Personal Data Processing, reporting of Personal Data breaches, and notifying of the relevant data subject, as well as in connection with the assessment of the impact thereof on data protection, and subject to prior consultation with the supervisory authority.
14.22. If, during the validity of the Agreement, new guidelines are developed or new document templates are brought into use, or new Data Processing requirements come into force, the Parties shall apply them to this Agreement. If these clauses are contrary to the provisions of the Agreement or the Services Contract, the Parties shall agree on the relevant amendments to the Agreement and/or the Services Contract to align the said obligations with the requirements set forth by the EU Commission.
15.1. The materials provided on the Web Application and the iOS Application are provided "as is".
15.2. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, security or reliability of the use of the materials on its Services.
15.3. We do not warrant that the Services will meet your specific requirements, will be uninterrupted, timely, secure, or error- and virus-free, and the results that may be obtained from the User of the Services will be accurate or reliable.
15.4. The Company expressly disclaims responsibility for interruptions of service to Users due to third party service providers including, but not limited to, server providers, font or content provider, and/or any online hosting service.
15.5. In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption, computer failure) arising out of the use or inability to use the materials on the Web Application or iOS Application, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damages. In no event shall the entire liability of the Company to you in respect of any Service, whether direct or indirect, exceed the Fees paid by you towards such Service.
15.6. Materials appearing on the Web Application and iOS Application could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its Services are accurate, complete, or current. The Company may make changes to the materials contained on its Services at any time without notice. The Company does not, however, make any commitment to update the materials.
The Company welcomes your feedback [feedback e-mail]. Please note that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial and/or non-commercial purposes, at our sole discretion.
The Company may revise these Terms of Service for Web Application, iOS Application, or any other service provided as a part of the Services at any time without notice. By using these Services, you are agreeing to be bound by the then current version of these Terms of Service.
Any claim relating to the Services provided by the Company shall be governed by the laws of Switzerland and subject to the exclusive jurisdiction of the courts of the Swiss Confederation.
If you have any questions about these Terms of Service, please contact us at: [general contact e-mail].
Effective as of […] April 2018
1.1. Personal Data is information related with identifiable or identified natural person. If you are a natural person, the following non-exhaustive list show the type of personal data that we collect about you:
1.1.1. given name, surname;
1.1.2. personal ID number;
1.1.3. name of practice/business;
1.1.5. e-mail address;
1.1.6. browsing history;
1.1.7. uploads and information shared to the Website.
1.2. To utilize the full scope of our Services on our Web Application and iOS Application, you may have to enter the following data about your patients.
1.2.1. given name, surname;
1.2.2. personal ID number;
1.2.3. age and gender;
1.2.5. browsing history;
1.2.6. dental profile;
1.2.7. payment history;
1.2.8. history of dental procedures;
1.2.9. history of medical issues;
1.2.10. upcoming dental procedures;
1.2.11. additional miscellaneous medical data necessary to access the full range of Services.
1.3. The data collected about you is needed for Company to ensure basic functions of the Website and Our Services, as well as to develop its functionality and analyse the use of our Website and Services to improve your experience when using this Website and Services.
1.5. The data that you input while using our Services and that we collect is necessary to fully utilize the functions of the Web Application and the iOS Application. This includes the Personal Data of the Users and Patients, as well the scheduling information of the Practice, and miscellaneous data that may identify the practice or the Users of the account.
2.1. We may:
2.1.1. collect Personal Data when you register, subscribe, create an account, or otherwise interact with the Website, Web Application and iOS Application.
2.1.2. collect Personal Data about your location, browsing history and uploads and information shared to the Website when you use the Website through your mobile phone or portable device;
2.1.3. collect Personal Data about your location and information shared to our Services when you use our Services through your mobile phone or portable device;
2.1.4. collect Personal Data by requesting the input of Personal Data while utilizing the schedule system and the patient management system via the Services.
3.1. Company uses your Personal Data based on your consent to:
3.1.2. identify the most active use of our Services by location in order to ensure the client-oriented provision of the Services and our business development;
3.1.3. perform various analytics;
3.1.4. provide customer support to the Users;
3.1.5. communicate and provide additional information that may be of interest to you about our Services;
3.1.6. send you reminders, technical notices, updates, security alerts and support and administrative messages, service bulletins, or marketing materials;
3.1.7. provide advertisements to you through the Website, third-party websites, e-mail messages, text messages, applications, or other methods of communication;
3.2. Please note that if we do not have your consent for the processing of your data for the aforementioned purposes, we will not be able to provide you certain Services that are based on the processing of your Personal Data.
3.4. Company uses your Personal Data based on our legitimate interests (such as business development and development of the Services) to:
3.4.1. operate and improve the Website and our Services;
3.4.2. fulfil requests of the Users related to our Services;
3.4.3. manage our everyday business needs such as Website administration, analytics, fraud prevention, or to comply with provisions of the applicable law.
3.5. Subject to specific statutory requirements, we may provide your Personal Data to corresponding authorities. Please note that if Company has an obligation to provide your data to third parties according to the statutory requirements, you will not have the right to request us to stop such processing of your Personal Data.
4.1. We may transfer your Personal Data to others users of the Web Application and iOS Application who you have authorized to see your data.
4.2. The Data collected from you may be transferred to, and stored at, a destination outside the European Union ("EU"). It may also be processed by data processors operating outside the EU. We may also disclose information about you that is not personally identifiable or in case required under applicable laws and/or required by state or municipal authorities.
4.4. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to the Website, therefore any transmission is at your own risk and you are free to choose whether to use our Website and Services or not. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5.1. Your Personal Data shall be processed for the duration of the use of your account on our Website, Web Application and iOS Application. The start of the data processing is considered to be from the moment of User/Account manager registration on our Website.
5.2. If you choose to stop using our Website and Services by deactivating your Company account, then your data will be stored by us for a period of __________. Your Personal Data will be available for retrieval upon your request for this length of time.
5.3. We keep your Personal Data for the statutory term as well as until such time as is required to meet the aforementioned Personal Data processing purposes.
6.1. When you use the Website and our Services, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags, browser analysis tools, and web server logs. As you use our Website and our Services, your browser and devices communicate with servers operated by us, our business partners and Services providers to coordinate and record the interactivity and fill your requests for Services and information.
6.2. The information from cookies and related technologies is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Website and our Services by your computer or mobile device. These servers are operated and the cookies managed by us, our business partners or our service providers.
6.4. We use Google Analytics and other Services to help us understand how visitors interact with our Website and to help improve our user experience.
7.1. If you are a natural person and have provided your Personal Data to us, you have the right to access your data and to receive the information on: the purposes of the processing, the categories of Personal Data concerned; the categories of recipient to whom the Personal Data have been or will be disclosed, retention term if applicable, your rights, information on the source from which your personal was received by us, information on the automated decision-making and profiling.
7.2. You also have the right to request a copy of your Personal Data that we process. For any further copies requested, we may charge a reasonable fee based on administrative costs.
7.3. You have the right to request rectification or erasure of your Personal Data or restriction of processing or to object to processing, to lodge a complaint with a supervisory authority, as well as the right to data portability.
7.4. You are free to refuse from any further processing of your Personal Data at any time by informing us by e-mail: [customer service e-mail], if the Personal Data processing is based on your consent as indicated above. Such withdrawal will not affect the lawfulness of processing done before the withdrawal, however, it may impact your further use of our Services.
8.1. You may use the Website, Web Application and iOS Application for the processing of the Personal Data of other natural persons’ Personal Data, for example, patients.
8.3. Hereby you confirm that you understand that you have the right to use the Website, Web Application and iOS Application for the processing of the third party’s Personal Data only if you have a legal basis to carry out such activities with the Personal Data and if you comply with the requirements of the applicable laws.