myHexPlan

Terms and Conditions

FOREWORD

Described below are the terms of use and license of the application named myHEXplan™ (hereinafter also referred to as the APP). By downloading the APP and placing a tick in the “I accept” box, the user declares that he has read and understood the following terms of use and license, which he accepts. The APP acts in synergy with the standard treatment approach, to support TL-HEX patient through all the treatment phases.

PROPERTY

The APP and any relevant updates, as well as all the information, functions and other contents of the APP, of any type whatsoever, are the property of Orthofix SRL (“ORTHOFIX”), having its registered office in Milan, via Vittor Pisani No.16, Italy and its headquarters in Bussolengo (VR), via delle Nazioni No.9, Italy and are protected by copyright; moreover, Orthofix is the owner of the trademarks and/or distinctive marks of any type whatsoever that appear on the APP. Orthofix reserves the right to update and/or modify at any time, at its sole discretion, the APP and relevant contents and/or functions; in this case, unless otherwise provided for, the terms of use and license conditions covered by these regulations shall also apply to any future updates.

LICENSE TO USE

Orthofix grants the APP to the user on the basis of a non-exclusive license to use, which may not be transferred or sublicensed, for the private use thereof on his device for TL-HEX treatment support purposes. The user is not permitted to copy or modify the APP, for any purpose and/or reason whatsoever, and may not decompile, reassemble and/or reverse engineer the APP, or use the APP for commercial purposes. The license to use the APP is free of charge; any data connection charges required to install and use the APP shall be borne exclusively by the user, according to the respective fee plan. The APP allows you to include and add personal materials. Those contents remain available within the APP only and, till you keep the APP installed in your device. In any case, Orthofix cannot be considered responsible for any damages or other issues related to your personal content during and after termination of use of the APP.

PRESCRIPTION(S)

Your prescription(s) will be available through the APP at the sole discretion of your PHYSICIAN. If your PHYSICIAN elects to grant you access to your prescription(s) through the APP, the printed copy of your prescription(s) will include a Quick Response (“QR”) Code. You can use the APP to scan the QR Code printed on each prescriptions to receive a copy of the prescription in the APP on your mobile device. It is solely your responsibility to review the electronic copy of your prescription to ensure that it matches the printed copy provided by your PHYSICIAN when you first receive the electronic copy in the APP. If there are any discrepancies, you must contact your PHYSICIAN before following the prescription displayed by the APP.

REMINDERS

The APP can provide you with reminders for adjustments and pin-sites care that need to be made to the limb restoration devices you are using. It is your responsibility, however, to ensure that you comply with the adjustment schedule specified in the prescription(s) provided by your PHYSICIAN. We disclaim all liability and responsibility resulting from any failure of the APP to provide you with a reminder of a required adjustment or pin-sites care regardless of whether that failure is due to a flaw in the APP.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvement of the APP (“Feedback”). You may submit anonymous Feedback using the APP. You acknowledge and agree that all Feedback will be the sole and exclusive property of Orthofix and you hereby irrevocably assign to Orthofix and agree to irrevocably assign to Orthofix all of your rights, titles, and interests in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

HOW ORTHOFIX USES INFORMATION

When you install or use the APP, we collect information regarding the type of mobile device on which the APP is installed and the operating system being used by the mobile device. We also collect information regarding the specific functions of the APP you utilize. This information is collected anonymously and not specifically tied to you or your PHYSICIAN. We use this information to better understand how users actually use the APP to continually improve it. After you scan the QR Code on your printed prescription, the APP will receive detailed information about your prescription for the use of the limb restoration device(s) your PHYSICIAN has selected for you. This information is transmitted from your PHYSICIAN’s password-protected account on Orthofix’s website (the “Website Portal”) that your PHYSICIAN used to generate your prescription. The APP will transmit your inputs detailing your compliance or non-compliance (including the failure to make any inputs) with your prescription back to your PHYSICIAN’s account on the Website Portal. Your PHYSICIAN will have access to all of this information, which directly relates to your treatment. We will access this information only at the request of your PHYSICIAN to advise on the proper use of the limb restoration device(s) being utilized in your treatment. All information that is transmitted between the APP and your PHYSICIAN’s account on the Website Portal is encrypted and the data stored by the APP on your mobile device cannot be accessed by other applications installed on your mobile device.

ORTHOFIX’S LIABILITY

Orthofix does not assume any liability for any material damages resulting from the use and/or non-use of the APP. The APP is made available in its current and available state without any warranty attached. The user acknowledges and accepts that the APP is a mere aid for the treatment of patient applied with TL-HEX, but is not a substitute for medical advice provided to patients by medical professionals and/or paramedical staff, or the rehabilitation therapy that a patient may have to undergo and/or actually undergoes and it cannot guarantee the successful outcome of the said therapy.

AGE RESTRICTION

The APP is intended for persons eighteen (18) years old or older. By accessing, running, or using the APP, you acknowledge that you are at least eighteen (18) years old. If you are the parent or guardian of a person under eighteen (18) years old who has a prescription for one or more of Orthofix’s limb restoration devices and you download the APP to your, or such person’s, mobile device, you acknowledge and agree to accept full and complete responsibility for any access to or use of the APP by such person who is under eighteen (18) years old.

DURATION

The agreement governed by these terms and conditions shall come into effect on the day the user has installed the APP and accepted the Terms of Use and License and shall be indefinitely. The user may withdraw at any time from this agreement by uninstalling the APP. Orthofix is not bound to warrant the access to the APP over time, and may therefore, at any time, deactivate it without prior notice.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE APP, ITS CONTENT, AND ANY RELATED SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, SECURITY PROGRAMMING FLAWS, OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL ORTHOFIX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT PROVIDED IN THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ORTHOFIX, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THIS AGREEMENT OR YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, YOUR INPUT OF INACCURATE INFORMATION OR YOUR USE OF ANY INFORMATION OBTAINED VIA THE APP.

ENTIRE AGREEMENT

This agreement with respect to the APP supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the APP.

GOVERNING LAW AND COURT OF JURISDICTION

The relationship with users covering the installation, use and license to use the APP is governed by the Italian law.
Any dispute concerning the installation, use and license to use the APP shall be referred to the Court of Verona (Italy), unless otherwise strictly provided for by the law.

CONTACTS

Any notification concerning the APP and the current terms of use shall be addressed to Orthofix office at Via delle Nazioni N.9, 37012 Bussolengo (Verona), Italy to the following email address: [email protected].

GENERAL

ORTHOFIX is a registered Trademark of Orthofix Srl.

Privacy

This Privacy Policy aims to illustrate the means and purposes of the processing of personal data carried out by Orthofix Srl, in its quality of data controller (hereinafter the “Controller” or the “Company”), in connection and through the website http://limbhealing.com (visit the “Website”).
Please note that this Policy shall apply to anyone who navigates and/or uses the Website, or otherwise interacts with the contents and services accessible through the Website (hereinafter the “User”).
The processing of personal data of the Users will take place full compliance with the applicable data protection legislation, including the Regulation (EU) 2016/679 (the “GDPR”).

1. REDIRECT TO OTHER WEBSITES

The Website incorporates links which allow you to connect to other websites run both by other companies of Orthofix Group and by third parties. The Company assumes no responsibility regarding the processing of personal data which may take place through and/or in connection with third-parties’ websites. Therefore, each User who accesses such web pages and/or social platforms through the Website must carefully read the relevant privacy policies in order to better understand how their personal data will be processed by the third parties which, as autonomous controllers, will provide and manage such websites.

2. CATEGORIES OF PERSONAL DATA COLLECTED

A) Traffic data

The computer systems and software procedures used to operate this Website need to acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols.

This category of data includes: IP addresses, browser type, operating system, the domain name and website addresses from which you are logged in or out, the information on pages visited by User within the Website, the time of access, time period of User’s staying on a single page, the internal path analysis and other parameters regarding the User’s operating system and computer environment.

This technical / IT data is collected and used only in an aggregated and not immediately identifiable manner and can be used to ascertain liabilities in case of hypothetical crimes committed within or against the Website or upon competent authorities’ request.

B) Personal data provided directly from User

There are few sections of the Website (e.g. “Request for information”, “Customer Service” and “Newsletter”) which allow the collection only of those personal data which the User will decide to share with the Company. It remains understood that, in this case, the Controller must collect the data provided by the User in order to fulfil the requests received. Accordingly, if the User prefers that the Controller does not collect his/her personal data, he or she is invited not to send any request.

In any event, the Users will always be free, after having read this Policy in order to understand in detail how and for which purposes their personal data will be processed by the Company, to share his/her own data by filling out the specific forms available on the Website.

3. PURPOSES OF THE PROCESSING

The Website has been designed with the main goal of providing information – and therefore as an interactive window – regarding the activities, products and services offered by the companies belonging to Orthofix Group. This is the reason why, in most cases, the collection of the User’s personal data is not required.

In any case, according to the principles set forth by the GDPR, the Website is also set to minimize the collection of personal data, as well as to exclude the processing of such data in all cases when the purposes described hereunder can be achieved with different means and/or by anonymous data.

Your personal data will be processed by the Company for the sole purposes of:

a) allowing an appropriate navigation on the Website;

b) allowing the Users to better explore and get more information regarding the activities, services and products offered by the Company and other legal entities of Orthofix Group;

c) answering and fulfilling the Users’ requests;

d) to run the recruitment process and collect the CVs delivered through the Website;

e) to comply with obligations provided for by applicable laws and/or requests or orders made by competent authorities;

f) delivering promotional newsletter regarding the products and services of the Company.

Should the data be collected in the future also for purposes other than those described above, it will be duty of the Company, on one hand, to provide adequate information to the User relating to such new purposes in order to enable transparency and user awareness and, on the other hand, ensure that a valid legal basis (such as the User’s consent) exists, where needed, to undertake the relevant processing.

4. LEGAL BASIS OF THE PROCESSING

The provision of personal data by the User – unless otherwise noted – is optional, but it must be highlighted that in case of refusal to make some data available to the Company, it could be impossible to fulfill the User’s request or provide certain specific services (such as the newsletter).
The processing activities listed from a) to e) above do not require the acquisition of the User’s consent, as they are based on different legal bases, i.e. the need to perform and provide the services which have been directly requested by the User and the need to ensure compliance with a legal obligation applicable to the Controller.
On the contrary, the although sending promotional newsletters requires the User’s registration, the Company will not be able to deliver this kind of communication in absence of the User’s prior specific consent.

5. METHODS OF THE PROCESSING AND DATA SECURITY

The personal data are collected and processed lawfully and fairly, for the above purposes and in accordance with the fundamental principles established by the applicable legislation.

Processing operations may take place both manually and electronically, or by information technology tools, always under technical and organisational measures that ensure the security and confidentiality of the data, especially in view of reducing the risks of accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to the personal data or, more generally, processing that is not compliant with the purposes of the collection.

The processing will be carried out under the authority of the Controller only by those subjects who have been duly authorized to access and process the data in accordance with the instructions provided for by the Company and the applicable data protection laws and regulations.

6. COMMUNICATIONS TO THIRD PARTIES

The personal data collected through the Website will not be shared or communicated to third parties, unless upon specific consent of the User.
Should the data be made available by the Company to third-party suppliers or partners (such as service providers, mail carriers, hosting providers, IT companies, communication agencies) in order to enable them to perform specific services connected to or necessary for the fulfilment of the purposes listed above, it will be responsibility of the Controller to appoint such third parties as data processor by virtue of their capacity, experience and reliability and to provide them with specific instructions regarding the security of the data. The updated list of appointed data processors can be accessed at any time by sending a written request to the Company, as specified below.
It remains understood the Users’ personal data must be communicated to third parties, such as public or judicial authorities, to comply with binding orders and request, as well as with applicable legal provisions.

7. DATA RETENTION

Personal data collected by the Website will be kept in a format that allows User’s identification for no longer than necessary to fulfill the purposes for which the data have been originally collected and, in any case, within the time limits set forth by applicable laws and regulations, as well as to enforce or protect the rights of the Controller (consistent with the retention periods and statutes of limitations provided for by the law), where necessary.
When no longer necessary in accordance with the above, the data will be cancelled or anonymized.

8. COOKIES (CROSS-REFERENCE)

To get more detailed information regarding the installation and use of cookies by this Website, please refer to the applicable Orthofix Cookie Policy.

9. TRANSFER OF DATA ABROAD

Given the international nature of the Controller’s business activities, the data will be transferred and so processed abroad, still for the sole purposes described above, by the companies belonging to Orthofix Group which are established both inside and outside the territory of the European Union (mainly in the U.S.).
In all cases when the data will be transferred to non-EU countries, the relevant transmission will be subject to specific data protection guarantees, as required by the law, e.g. through the adoption of Standard Model Clauses as approved by the European Commission, or other equivalent safeguards.

10. DATA SUBJECTS’ RIGHTS

The User can at any time exercise his/her rights, including:

a) accessing his/her personal data, obtaining evidence of the purposes pursued by the Controller, the categories of data involved, the recipients to whom they may be disclosed, the applicable storage period, the existence of automated decision-making processes;

b) having incorrect personal data referred to him/her rectified without delay;

c) having his data erased in the cases provided for by the law;

d) obtaining restrictions to processing, where possible;

e) requesting portability of the data provided to the Controller, i.e. receiving them in a structured, commonly used and machine-readable format, also for transmitting such data to another controller, without any hindrance by the Company, in all situations where it is required by the law in force;

f) lodge a complaint to the competent Supervisory Authority.

To exercise these rights, or for any further information and/or clarifications, please write to [email protected]

11. DATA CONTROLLER

The Data controller is Orthofix Srl, a company duly incorporated under the Italian law, with registered office at Via Vittor Pisani 16, Milan (Italy).
The Data controller may be contacted by writing to [email protected]

12. POLICY UPDATING

The Controller shall have the right to amend and/or integrate this Privacy Policy over time in order to comply with new legal provision and/or include new services. For this reason, each User is invited to periodically visit this page.
Below is highlighted the date when the last version of this policy has been uploaded.

Last Update: May 25, 2018