TERMS AND CONDITIONS
1. WHY IS THIS IMPORTANT?
2. WHAT IS AN KLARITY ACCOUNT?
3. OUR SERVICES
Using our health score functionality, you can take assessments to see which areas of your general and health wellbeing you may be able to improve and how to do that. We might do this by providing you with access to referenced external research and content. To unlock your health score, we ask that you share your data anonymously with us to allow us to offer you personalised responses and to power the recommendations we make to you and to people like you.
The sharing feature gives you the option to give access to your selected data with other persons through the mobile application. You can do this by submitting the other person’s email address in the “Give Access to someone new” section. Once the other person has created their account with us and accepted your invitation, they will be able to see the information you have chosen to give them access to. If you decide to use the sharing feature, you acknowledge the following:
- you can choose to share parts of your data and keep other parts private;
- you are responsible for ensuring that the email you have provided is correct for the person you intend to give access to your information. We cannot verify or check this;
- we cannot prevent the email address you submit on the “Give Access to someone new” section being accessed by persons other than those whom you intend to give access to your information;
- we are not responsible for ensuring that the other person to whom you have given access can keep your information confidential and secure, and that it is appropriate to give them access to such information;
- we cannot and do not take any responsibility for what the other person will do with your information, for example:
- the other person may use their own means to download, save or store your data;
- the other person may unintentionally or otherwise share your information with a third party;
- we do not carry out any checks or due diligence on the other person; and we cannot stop or force any person to delete your information once you have provided them with access.
You can revoke access to anyone you have shared with, or change the parts of your data which they can see, at any time. Where you choose to give another person access to your data, that person will be able to see everything in your data which you can.
From time to time we may make changes to the Services that are made available to you. This may be in the form of improvements and enhancements to the existing Services and the addition of new functionality. We may also remove certain Services at our sole discretion. Certain updates to the service may be mandatory and failure by you to install them may result in the Service no longer being available to you.
4. HOW DO I OPEN AN KLARITY ACCOUNT?
Anyone who is a resident of the United Kingdom who is 13 years of age or older and creates an account can use the Service. However, users outside the United Kingdom can also use the service although some features and functions might not apply or be relevant.
If you are under the age of 13 years (a “Child”), then you may only register for an account and use the Service if prior consent has been given by your parent or guardian, and they have agreed to these terms, as the party to this agreement, on your behalf.
By creating an account within the application on behalf of a Young Person, you are agreeing that you are the Responsible Person for that Young Person and will take the necessary steps upon the Young Person reaching 13 years old, to enable the Young Person to take over their health data. When you register for an account it is important that you understand that each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
In order to use the Service, we require you to create an account by providing us with your name, email address and a strong password. You are responsible for the activity that occurs in association with your account. Responsibility for the security of any passwords issued rests with you. There are also some technical requirements as to whether you can use the services.
5. COMMUNICATING WITH YOU
We’ll usually communicate with you through the app or through the website, but we may also communicate with you by email, so you should regularly check your email account. You can specify which types of communication you would like to receive from us by using the “Communication Preferences” functionality within the “Settings” section of the mobile app.
Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect, we will update it.
How do I close my account?
You can close your account, and so end the agreement, at any time by letting us know. You can also delete your account from within the “Settings” area of the mobile application at any time.
How is my account protected
We will help keep your account and personal information safe, secure and private. Your account is password protected to prevent unauthorised access by anyone else.
The data that is entered, transmitted and stored is encrypted to prevent any unauthorised use of the data.
The electronic transmission of data over the internet is never completely secure but we endeavour to make the service as secure as possible and provide a high level of security for your personal healthcare information.
You are also responsible for the safety of your information. You should choose a strong password (or use the biometric unlock function of the app), and be sure that you don’t let anybody else know it. Keep your mobile phone and email account secure and don’t let other people use them. If you suspect that somebody else has used your account without permission, you should reset your password immediately. If in doubt, please get in touch with us.
Are there any restrictions on using my account?
All that we ask is that you act reasonably and responsibly when using your account. Do not use it for illegal purposes or in a way that might harm our ability to provide our services.
Please also act in a respectful way towards us and our support staff we’re here to help you.
When we might block or close your account
The safety of your data is important to us. We might prevent you from accessing your account if we’re reasonably concerned about its security. We’ll tell you before, or as soon as possible after, we block or close your account. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances or where we cease to provide this service. If we are ceasing to provide the service, we will endeavour to let you know in advance.
We can change these terms
We’ll only change these terms and conditions for the following reasons:
- if we think it will make them easier to understand or more helpful to you;
- to reflect the way our business is run, particularly if the change is needed because of a change in the way any technology is provided;
- to reflect legal or regulatory requirements that apply to us;
- to reflect changes in the cost of running our business;
- because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.
If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it.
Otherwise, you’ll be informed of the changes the next time you use the app or website.
6. ARE YOU RESPONSIBLE IF SOMETHING GOES WRONG WITH MY ACCOUNT OR FOR INFORMATION PROVIDED THROUGH THE ACCOUNT?
We’ll do as much as reasonably possible to make sure that our services are not interrupted, are available 24 hours a day and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. we’ll always do our best to solve any problems with our services, no matter what the cause.
We are not responsible for the accuracy, quality and use of all of the information which can be accessed and viewed by you, but we are responsible for some of it.
Certain functionality, including the health score, assessments, questionnaires, content, blogs and articles are published by us and we are responsible for their quality and accuracy. Often, we will use externally published research, evidence or other external content in the production of such content and where this is the case we will clearly list and link to the references we have used. We are not responsible for external content and we accept no liability for the information (whether accurate or not) that it contains.
We are not responsible for your data or the information it contains; we accept no liability for information (whether accurate or not) on health advice, therapy, diagnosis and or treatment, in patient information leaflets and/or the information contained in medical notes, consultation records and/or other records. Sometimes we may direct you to external websites which may be accessed by and displayed on our software; we accept no liability for the information (whether accurate or not) that they contain. We do however make sure that the information that we provide to you is verified and that the references are available to you.
7. HOW TO CONTACT US OR MAKE A COMPLAINT
If you’re unhappy with our service, we’ll try to put things right. We always do our best, but we realise that things sometimes go wrong. If you have a complaint or you’d just like to speak to someone about an issue that’s concerning you, please contact us.
You’ll ideally need to tell us:
- your name;
- the phone number and email address associated with your account;
- when the problem arose; and
- how you’d like us to put the matter right.
We’ll look into your complaint and respond to you by the same method you used to contact us. We will communicate with you in English, unless we tell you otherwise. If you want to write to us, this is our address:
Klarity / Klarity BV
3011 TA Rotterdam
Our email address is: firstname.lastname@example.org
8. PERMISSION FOR US TO PROCESS YOUR PERSONAL INFORMATION
By entering into the agreement, you are giving us permission to gather, process and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.
You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
9. OUR INTELLECTUAL PROPERTY
We own all the intellectual property in our products (for example, the content in our app and on our website and our logo). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
10. LEGAL FINE PRINT
Our contract with you:
- Only you and we have any rights under the agreement.
- The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.
Our right to transfer:
We will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement. When we transfer rights and obligations, we call this “novation”. When we only transfer rights, we call this “assignment”.
English law applies:
The laws of England and Wales apply to these terms and conditions.
The English version of the agreement applies:
If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply.
Our right to enforce the agreement:
If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.
Taking legal action against us:
If you want to take legal action against us in the courts, only the courts of England and Wales can deal with any matter relating to these terms and conditions.
11. YOUR INFORMATION RIGHTS
Klarity is the Data Controller for the data that we process. This term is a legal phrase used to describe a person or entity that controls the way data is used and processed.
The General Data Protection Regulation (GDPR) gives you a number of rights as a data subject. These rights are listed below:
- You have the right to know how we will use your personal information.
- You have the right to be provided with a copy of your record (the information we hold about you). This is known as a Subject Access Request. This information is available to you through the App, but if you wish to check our full records, please let us know.
- You have the right to object to us making use of your information for any specific purpose. This is addressed in the “Communications Preferences” sections of the App. You may change your consent options at any time. We will monitor these consent records and ensure that your wishes and changes are respected.
- You have the right to rectify any information in your data which you believe is inaccurate. As you have control of your data through the App, you will normally be able to make changes yourself, but if you believe that we have made an error, or you are unable to make a correction, please contact us. Please remember that you control what information you and anyone you give sharing rights to, is recorded in your health data. It is not therefore intended that we routinely review or verify the accuracy of any of this information.
- You have the right to be forgotten. Your App allows you to delete your record at any time. Please let us know if you wish us to delete your data and we will confirm that your data has been removed from our records.
- You have the right to transfer your data to another service provider. If you wish to do this, let us know and we will provide the information in an electronic format.
- You have the right to object to any automated decision making, however we do not carry out any automated decision making within our systems.
We are registered under the Data Protection Act 2018 with the Information Commissioner’s Office (the UK data protection regulatory). Our registration number is A8694892 and can be viewed online at www.ico.org.uk. You can also useful access guidance and information about your data protection rights on this website.
You can make a complaint to the ICO at any time about the way we use your information. However, we hope that you would first consider raising with us any issue or complaint you have about how we handle your personal information. Your trust is extremely important to us, and we will always do our very best to promptly resolve any problems you may have in this regard.
12. WEBSITE INFO ON CONDUCT?
You are prohibited from posting or transmitting to or from our Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse our Website (including, without limitation, by hacking).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this clause.
Links to third party websites on our Website are provided solely for your convenience. If you use these links, you leave our Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites links on our Website, you do so entirely at your own risk.
If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Klarity logo;
- you do not create a frame or any other browser or border environment around our Website;
- you do not in any way imply that we endorse any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not otherwise use any Klarity trademarks displayed on our Website without express written permission from us;
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
13. Third Party Liability
Certain features of our services and products may utilise the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data or other services. Certain of these vendors and business partners (for example laboratories or logistics companies) may require customers who utilise such features to agree to additional terms and conditions. In any event, Klarity cannot be held liable for the failures of such third-party vendors and business partners.
The Mobile App is currently only available to users who have an Android or iOS device which is internet enabled. The supported operating systems are as follows:
- Android 5.0 (and above)
- iOS: iOS 9 (and above)
You will also need a minimum of 15MB of spare storage space on your chosen device. We may decide at our sole discretion at any time in the future to discontinue supporting any of these operating systems.
Even if your device adheres to the above technical requirements, we do not guarantee that the Mobile App will work on your device. These technical requirements may be updated from time to time as a result of updates that we make to the Mobile App.
Your device will need an internet connection to access the functionality of the application.
Klarity.health has been tested with the most recent version of the following browsers:
- Google Chrome
Your experience using Klarity.health will be improved by using the most recent browser available on your platform – with improvements in page layout and design, speed of access and accessibility options.