Legal facts and Data Safety
prEPAred Privacy Notice
Last Updated: 20 March 2021
We appreciate you reading these lines. We realize that studying privacy statements is probably not the favorite thing for many people. We therefore worked hard to make the reading of our Privacy Notice as pleasant and informative as possible. Before you dive into the details, here is in short how we handle your information:
The purpose of the information collection is to provide you with the best experience and benefit when you use our product
Our product collects user, usage and assessment information
Only you have access to your information, unless you select to share it with others
We adhere to the strict GDPR and Swiss data privacy framework when processing your information
Information is only collected during your interaction with our app, website or interaction with our customer support
Your information is stored securely and kept strictly private at our data servers in Switzerland
Data transfers from the app or the website to our servers is encrypted
Below you will find all the details you need. We wish you a great experience with our products! Don’t hesitate to contact us should you have any further queries.
Your precisionED team
Our contact details
Name: precisionED AG (precisionED SA; precisionED Ltd)
Address: Mühlebachstrasse 2, 8832 Wollerau SZ, Switzerland
Our representative in the European Union pursuant to article 27 of the GDPR is:
VGS Datenschutzpartner UG
Am Kaiserkai 69
The type of personal information we collect
We currently collect and process the following information:
User information such as personal identifiers (your first and last name, your chosen username and your email address; only if you choose so, your sex, your profile picture and your year of birth), the prepared version you use, the institution you work at and your role (supervisor or trainee; only if you choose so, also the number of years in this role). If you use our pro version, we also process information about your professional curriculum/e-Portfolio (courses, webinars and congresses you attended including credits gained and if you choose so also your former training institutions and your role there).
Usage information such as how often you use our product, at what times, and the time it takes to complete an assessment
Assessment information: All data points gathered in the course of the assessment between a trainee and a supervisor such as the tasks a trainee performed, its complexity and the level of supervision the trainee needed to perform the task. We may also process feedback provided by a supervisor and related media files (text, audio, video, images) as well as a trainee`s learning goals.
How we get the personal information and why we have it
Most personal information we process is provided to us either by trainees or supervisors whilst they use the app:
User information is collected from users during registration, and it is needed to identify the users and their roles in order to ensure that only supervisors who have respective roles in their organizations are able to assess trainees.
We record your usage information (i.e., how often you use the app or our website, at what times, and the time it takes to complete an assessment) automatically whilst you use our products. Such information is required for statistical purposes to understand how you use our products with the aim to improve the user experience and our products.
We record assessment information during workplace-based assessments from both trainees and supervisors. The assessment data points are aggregated in an individual competency profile for the trainees. With this we aim to support the trainees’ professional learning trajectory (individualized and more effective training). Trainees may elect to share their competency profiles with a supervisor or with their institution/organization for a limited time.
At times we may receive supervisor information such as name and email address from administrators of institutions/organizations using prEPAred so that supervisor accounts can be properly linked to institutions/organizations and to trainees.
3rd Party Providers and Services
We use third party services to provide our services in a user-friendly, secure and reliable manner. Such services are also used to embed content into our website. Such services like hosting and storage services, video services and payment services may require your Internet Protocol (IP) address, otherwise such services cannot transmit the relevant content. The services may be located outside Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.
For their own security-related, statistical and technical purposes, third parties whose services we use may also process information in connection with our offer and from other sources - including cookies, log files and counting pixels - in aggregated, anonymized or pseudonymized form.
We use in particular the services of the following third-party providers:
Hosting, Application Maintenance and Development such as our data hosting provider (Hostpoint AG, Rapperswil-Jona, Switzerland as at 11/2020), our backup provider (Linuxfabrik GmbH, Zurich, Switzerland as at 11/2020) and our technical partner (Radity GmbH, Zurich, Switzerland as at 11/2020). Our hosting and backup provider may in certain circumstances have access to your information (e.g., when the provider carries out maintenance responsibilities, when taking backup copies of our database or when providing technical support to users). We grant our technical partner (Radity GmbH, Switzerland as at 11/2020) access to our database such as they can carry out their responsibilities (e.g., for technical maintenance and further development of our products).
Google Analytics: Our app and website use functions of the analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The Irish Google Ireland Limited is responsible for users in the European Economic Area (EEA) and Switzerland. The generated information about the use of our app and website is transferred to a Google server in the USA with an anonymous IP address and stored there. Google Analytics analyses your use of our app and website and compiles reports on user activity for us. This usage data forms the basis for statistical, anonymous evaluations, so that trends can be identified, which can be used to improve the offer accordingly. Google may transfer collected information to third parties. As user of our app and website, you agree to the processing of the data collected about you by Google in the manner and for the purposes described above. You can find further information about how Google process information under the link to the site "How Google uses data when you use our partners' sites or apps" at www.google.com/policies/privacy/partners/
Sendgrid.com: To send you notifications, for example when you require that your password is reset or for other relevant communication, we use the services of Sendgrid (www.sendgrid.com; a product of Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA 94105 USA). When we send you such notifications, your information may be accessible by Twilio. As user of our app and website, you agree to the processing of the information by Twilio. If you like to learn more how Twilio is processing information, see
Wix.com: For the operation of our website and for customer support (contact forms, web chat) we use the services of Wix.com (Wix.com Inc., 40 Namal Tel Aviv St., Tel Aviv, Israel, a NASDAQ listed company). When you use contact forms or web chats, your information may be accessible by Wix.com. As user of our website, you agree to the processing of information by Wix.com. If you like to learn more how Wix.com is processing information, see www.wix.com.
We may share aggregated or pseudonymized information (i.e., no identification of you will be possible) for research and statistical purposes with:
The institution/organization which provides your specific prEPAred version for them to evaluate the usage of our product.
Scientists. We will only allow scientists of reputable institutions with a clear track record to access information; all user information is pseudonymized or aggregated such as you cannot be identified directly or indirectly.
The lawful bases for our data processing
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing your personal information are:
(a) We have a contractual obligation.
(b) Your consent. You are able to remove your consent at any time. You can do this by either de-elect the selection fields in the app (if you elected to share specific user information for research such as your sex and your year of birth) or by contacting as at or by mail (at our address indicated above) and tell us that you withdraw your consent.
How we store your personal information
All your information is stored securely and kept strictly private in Switzerland at our data servers at our data hosting provider (Hostpoint AG, Switzerland as at 11/2020) and our backup service provider (Linuxfabrik GmbH, Zurich, Switzerland as at 11/2020). All information transferred from the app or the website to the data hosting provider and from the data hosting provider to the backup service provider is encrypted.
Only selected staff have access to our database at the hosting provider.
We keep the information for as long as you use our product. We will delete your information per your request or when you delete your account with us, subject to applicable legal retention requirements. We will remove or delete all your information. However, the deletion of information in our backups might take a little while.
Your data protection rights
Depending on the data protection framework applicable to you, you have certain rights. Under GDPR they include:
Your right of access - You have the right to ask us for copies of your personal information.
Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. However, we will not amend any supervisor assessment data unless we are advised so by your institution/organization.
Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing - You may have the right to object to the processing of your personal information in certain circumstances.
Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organization, or to you, in certain circumstances.
Depending on the data protection framework applicable to you, you may be required to pay charges in certain circumstances when exercising your rights. Under GDPR you are not required to pay any charges for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at or via the contact-form on our website if you wish to make a request.
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at, on our website or by writing us a letter to our address indicated at the top of this Privacy Notice.
You can also complain to the Swiss Federal Data Protection and Information Commissioner (FDPIC) if you are unhappy with how we have used your information.
The FDPIC’s address:
Office of the Federal Data Protection and Information Commissioner
CH – 3003 Berne
Last Updated: 17 March 2021
AGREEMENT TO TERMS
The information and services provided by the APP or the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable laws or regulations or which would subject us to any registration or license requirement within such jurisdiction or country. Accordingly, those persons who choose to access the APP and Site from other locations than Switzerland do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws or regulations are applicable.
The APP and Site are intended for users who have reached legal age, which is usually 18 years old but can vary depending on the country where you reside. Persons under the legal age are not permitted to use or register for the APP or the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the APP and Site, you are granted a limited license to access and use the APP and Site and to download or print a copy of any portion of the Content to which you have properly gained access for your personal, non-commercial use. Any commercial use of our APP or Site is prohibited. We reserve all rights not expressly granted to you in and to the APP and Site, the Content, and the Marks.
Our APP and our Site provide you with a professional tool for assessing tasks (including knowledge, skills, and attitudes) you have performed based on the EPA (“Entrustable Professional Activities”) framework. You acknowledge and are aware that we neither participate in nor supervise any of the assessments made with our APP or our Site. The assessments are solely made between a trainee and its supervisor, without any involvement of us, and accordingly, we cannot accept any liability for the content or accuracy of the assessments made, and you expressly acknowledge and agree that we will and cannot amend the assessments once they have been concluded in the APP or the Site. If you are of the view that any of the assessments reflected in the APP or Site are unfair, incorrect, or misleading, you need to raise immediately with your supervisor during the assessment process. If you wish to challenge any of the assessments made, you need to follow the escalation path provided by the organization you work with (if there is any at all). precisionED is neither responsible nor accepts any liability for the assessments made based on our APP or Site or any consequences arising out of the assessments made or omitted to be made, as the case may be.
The assessments made by way of using our APP or Site are accessible by the trainees only unless the trainee elects to share them with anyone. By using our APP or Site you do not gain any IP rights (and namely no copyright) in the assessments made or concluded.
If you provide any information that is untrue, inaccurate, not (or no longer) current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the APP or Site (or any portion thereof).
You are required to register for a personal account when using the APP or Site. You agree to keep your password confidential and that you will be held responsible for all use of your account and password, irrespective of if you or any other person using your account acted. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT OF FEES
PREPARED BASIC VERSION - FOR FREE
PREPARED ADVANCE AND PRO VERSIONS
You may wish to upgrade from the prEPAred-basic version to either the prEPAred-advanced or prEPAred-pro version. Our prEPAred-advanced version is designed for trainees’ use and the prEPAred-pro version for supervisors. Our upgrade versions provide enhanced applications tailored to the needs of trainees or supervisors respectively.
If you elect to do so, you will need to buy a license for the respective upgrade version (the “Upgrade License”). The Upgrade License is valid for 12 consecutive months and starts on the day you download the upgrade version and ends on the last calendar day of the 12th full month after your download (the “Upgrade License Period”). The Upgrade License is renewed automatically for another Upgrade License Period of 12 full consecutive months unless you unsubscribe from the upgrade version by 11.59 pm (MET, i.e., UTC +1h) of the last day of the respective Upgrade License Period.
Please check our website www.prepared.app for the current prices for the Upgrade License. We reserve the right to alter the prices for Upgrade License at any time and without notifying you (for technical and organizational reasons, this is unfortunately not viable), but you only will be charged the altered prices upon renewal of the Upgrade License, i.e., for a next Upgrade License Period. To avoid any negative surprises, please make sure to check the price for the Upgrade License on our website before a new Upgrade License Period starts.
You can explore the current capabilities of the prEPAred-advanced version and the prEPAred-pro version on our website www.prepared.app. We strive to continuously improve all prEPAred versions, including the basic version. By upgrading to prEPAred-advanced or prEPAred-pro and effecting the respective download, you confirm that you have familiarized yourself with the actual capabilities and features of the upgrade version and agree to pay the price for the Upgrade License Period.
Users who unsubscribe from the Upgrade License can continue to use the prEPAred-basic version. By downgrading to the prEPAred-basic version all data which is related to the upgrade version will no longer be available. However, we keep the respective data in line with the paragraph “Cancellation” below.
When upgrading to an upgrade version you will be charged the respective subscription price (the “Upgrade License Fee”); the Upgrade License Fee is an in-app purchase and accordingly, the Upgrade License Fee is debited from the credit card which is linked to your app store account. By downloading an upgrade version, you agree to this billing method and allow us to debit your credit card. All payments shall be in Swiss Francs (CHF). It is your responsibility to make sure that your credit card details and instructions are current and that a sufficient limit is available for us to charge the Upgrade License Fee. Should we not be able to successfully charge the Upgrade License Fee when a renewal of the Upgrade License is due, we reserve the right to set you back to the prEPAred-basic version without any prior notice. We will charge your account when you download the upgrade version for the first time, and on the first day of the new Upgrade License Period in case the Upgrade License is renewed for another Upgrade License Period.
30 DAY MONEY BACK GUARANTEES
If you purchase an Upgrade License for a prEPAred-advanced or a prEPAred-pro version and are unsatisfied, you’re entitled to a full refund within 30 days of the download of the prEPAred-advanced or a prEPAred-pro version. Upon cancellation of your prEPAred-advanced or prEPAred-pro version, your account with us will remain life, but you will be reverted to the basic version. Any information or consent provided for under the prEPAred-advanced or a prEPAred-pro version (e.g., regarding Cookies set) will remain valid also for your basic version. In case of a cancellation within 30 days of the download of the prEPAred-advanced or a prEPAred-pro version, the fees we charged will be refunded in full (but excluding any taxes added on top and already paid by us, unless we can claim back taxes already paid).
You can cancel your subscription to our APP or Site at any time by logging into your account or contacting us using the contact information provided below. In case you cancel a subscription to the prEPAred-basic version, the cancellation will be effective once we have affected it. Should you cancel a subscription to the prEPAred-advance or -pro version, your cancellation will take effect at the end of the current Upgrade License Period. All assessment data and personal information related to either the prEPAred-basic or the prEPAred-advance or -pro versions, as applicable, will be safely stored for 2 years after the end of the subscription in case you want to reactivate your account. After 2 years of inactivity of your respective account, your account with all its related data will be deleted permanently.
If you are unsatisfied with our services, please email us at
You may not access or use the APP or Site for any purpose other than that for which we make the APP and Site available. The APP or Site may not be used in connection with any commercial endeavors except those that are within the limited license granted or specifically endorsed or approved by us.
As a user of the APP/Site, you agree not to:
1. Systematically retrieve data or other Content from the APP or Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, unless via the channels provided by us for doing so.
2. Make any unauthorized use of the APP or Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the APP or Site.
4. Use the APP or Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the APP or Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the APP or Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the APP or Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the APP or Site or the networks or services connected to the APP or Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile and/or account.
13. Use any information obtained from the APP or Site in order to harass, abuse, or harm another person.
14. Use the APP or Site as part of any effort to compete with us or otherwise use the APP or Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the APP or Site.
16. Attempt to bypass any measures of the APP or Site designed to prevent or restrict access to the APP or Site, or any portion of the APP or Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the APP or Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the APP or Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the APP or Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of a standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the APP or Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the APP or Site.
24. Use the APP or Site in a manner inconsistent with any applicable laws or regulations or that subject us to any licensing or registration requirement.
USER-GENERATED LEARNING GOALS
The APP or Site provides you with an option to document learning goals and allows you to save various media files (text, voice recording, video) for this purpose. The learning goals provide you with an easy to access repository of things you like to improve and/or to remember in the future. You acknowledge and agree and herewith confirm that you are aware that it is strictly prohibited to save any personal data (e.g. the names, voice or images) and particularly sensitive personal data (as defined in applicable data protection laws) like medical history or information related to any of your patients or people you have a duty to care in your learning goals, even in case the respective persons (e.g. your patient) have agreed to the use of their personal data for the purpose of your learning goals. Excluded from this prohibition is personal data (e.g., voice recordings or video images) of your supervisors or colleagues, provided they have expressly agreed to the use of their personal data for the purpose of the learning goals.
The learning goals are for your personal use only. However, we may access learning goals for research purposes, but if we do so, we only use learning goals in an anonymized way such as no one can derive from the learning goals to you or any other person.
You herewith represent and warrant that
1. you (either in your role as trainee or supervisor) are the creator of your learning goals.
2. your learning goals do not contain any personal data (e.g., the names, voice or images) and particularly no sensitive personal data (as defined in applicable data protection laws) like medical history or information related to any of your patients or people you have a duty to care.
3. the creation of your learning goals does not and will not infringe privacy and personal rights or the proprietary rights, including but not limited, copyright, patent, trademark, trade secret, or moral rights of any third party, or publicity rights of any third party.
4. you have the necessary consent, release, and/or permission of each and every identifiable individual supervisor or colleague reflected in your personal goals to use its name and any other personal information in your learning goals; and
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the APP or the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
Our APP or Site may contain (or you may be sent via the APP or Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Further, we do not knowingly accept, request, or solicit information from children or minors or knowingly market to children or minors. Therefore, if we receive actual knowledge that anyone below legal age has provided personal information to us, we will delete that information from the APP or Site as quickly as is reasonably practical.
COPYRIGHTS OF OTHERS
All Notifications should include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the APP or Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our APP or Site. We also reserve the right to modify or discontinue all or part of the APP or Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the APP or Site.
Exklusive Jurisdiktion: Zurich 1, Switzerland
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (including Disputes related to validity, invalidity, infringement and cancellation) will be finally and exclusively resolved by, and the Parties irrevocably submit to, the ordinary courts of Zurich 1, Switzerland, unless a mandatory jurisdiction provided for by Swiss law applies.
Zurich 1 shall also be the place of performance and place of debt collection for users residing outside of Switzerland. precisionED shall have the right to refer any Dispute to a court having jurisdiction at the respective user’s place of residence, or place or registered office, or place of its subsidiary, or any other court of competent jurisdiction or to any competent authority, in which case substantive Swiss laws (excluding its conflict of laws principles) shall apply exclusively.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief or for other super provisional actions.
There may be information on the APP or Site that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the APP or Site at any time, without prior notice.
THE APP AND SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP OR SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP OR SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED THERETO AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP OR SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP OR SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP OR SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
WE DO NOT PROVIDE ANY SORT OF GUARANTEE OR ASSURANCE AND DISCLAIM US FROM ANY LIABILITY THAT THE ENTRUSTABLE PROFESSIONAL ACTIVITIES DISPLAYED IN A SPECIFIC USER`S PROFILE ARE GENUINE, ACCURATE OR CORRECT OR DISPLAY SKILLS THAT A USER IS ABLE TO PERFORM. EACH ORGANISATION (E.G. HOSPITAL) NEEDS TO ENSURE AND IS SOLELY RESPONSIBLE THAT ITS TRAINEES ARE APPROPRIATELY SUPERVISED AND HAVE THE REQUIRED ABILITIES AND SKILLS TO PERFORM THEIR JOB SAFELY, ACCORDING TO BEST PROFESSIONAL PRACTICE AND IN THE BEST INTEREST OF CLIENTS (E.G. PATIENTS). NEITHER OUR APP NOR OUR SITE CAN REPLACE THIS RESPONSIBILITY.
We will maintain certain data that you transmit to us via the APP or the Site for the purpose of managing the performance of the APP or Site, as well as data relating to assessments made via the APP or the Site. Although we perform regular routine backups of data, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the APP or Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, the APP or the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP OR THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you wish to contact us to receive further information regarding the use of the APP or Site, or in order to resolve a complaint regarding the APP or Site, please contact us at:
Mail: precisionED AG, Mühlebachstr. 2, CH-8832 Wollerau SZ, Switzerland
General Terms and Conditions for the
prEPAred Assessment-System (GTCs)
Last updated 1 October 2021
These General Terms and Conditions ("GTC") govern the basis of the business relationship between the customer (“Customer”) and precisionED AG, Mühlebachstrasse 2, CH-8832 Wollerau, Switzerland ("precisionED") with regard to the use of the prEPAred Assessment System ("prEPAred") by the Customer and its Users, unless otherwise agreed in writing. "Users" are the individuals who use prEPAred for pre- and postgraduate training.
The GTC at hand are a translation into English from the German original GTC. In case of any discrepancy between the English translation and the German original, the German original shall prevail.
1. Contract for use of prEPAred
precisionED sends the Customer an offer for the use of prEPAred by email. The offer is considered accepted as soon as the Customer confirms the acceptance of the offer online by clicking the "accept" button. The Customer ensures and confirms that only persons authorized to act on its behalf will click the "accept" button.
With acceptance of the offer a contract regarding the use of prEPAred is deemed concluded: precisionED grants the Customer the right to use prEPAred in the version and for the agreed period of use specified in the offer. In return, the Customer agrees to pay precisionED the usage fees according to the offer.
Granting of rights of use to prEPAred and all copyrights, trademarks, patents and other (property-) rights in relation to prEPAred are the exclusive property of precisionED. Customers are not allowed to grant sub-use rights or licenses.
2. Period of Use and Termination
The period of use begins on the date specified in the offer and runs for the following 12 full calendar months ("Period of Use"). If neither party terminates the contract as per the end of the respective Period of Use, the contract shall automatically extend for a further 12-month period.
Both Customers and precisionED may terminate the contract in writing with a notice period of 3 months by the end of the Period of Use.
3. Scope of Service
The current scope of services of prEPAred is described on the website www.prepared.app. Customers confirm that they are aware of the current scope of services. precisionED reserves the right to change the scope of services at any time and without prior notice. Changes in the scope of services are intended for the continuous improvement of prEPAred. Should a change in service represent a deterioration from the Customer's point of view, Customer can terminate the contract prematurely according to section 2 paragraph 3.
precisionED provides Users from time to time with temporary new features for testing purposes. These features will later be used in paid versions of prEPAred. Such feature changes will be marked as temporary. Customers have no right of termination when such features are disabled.
4. No Guarantee for Uninterrupted Use
Customers acknowledge and agree that prEPAred is a software application that can be accessed on the most common internet browsers. Accordingly, precisionED cannot guarantee that prEPAred will be available at any time and during the entire Period of Use without restrictions or interruptions. precisionED only commits to provide prEPAred on a "best effort" basis. The same applies with regard to the app version of prEPAred.
The usage fees according to the offer are to be paid annually in advance.
precisionED reserves the right to adjust the usage fees unilaterally by means of appropriate notification to the Customers. A fee increase is only binding for a new Period of Use.
Customers who do not agree with a fee increase are free to file an objection in writing with precisionED within 30 days of the notification of the fee increase, whereby the contractual relationship ends at the end of the current Period of Use. Otherwise, the fee increase is considered accepted.
6. Disclaimer of Warranty
precisionED does not guarantee that the use of prEPAred by Customers or their Users complies with applicable law (especially labor law) or any standard regulations. Clarifications in this regard and the adaptation of employment contracts, work processes, internal regulations, rules, documentation etc. are exclusively the responsibility of Customers.
precisionED does not guarantee that prEPAred will effectively bring the intended benefits to Customers and Users (no guarantee of success).
In particular, precisionED does not guarantee and does not give any warranty or assurance that the professional competences displayed in a User's profile are accurate or represent the real level of competence of a User. precisionED only provides an assessment system. PrecisionED has no control over the correct use of the system. The assessment of User`s competences, the monitoring and accurate deployment of Users is in the sole responsibility of the Customer or the responsible employer (e.g., a hospital or clinic). Each employer is solely responsible for ensuring that its personnel are appropriately supervised and deployed according to their competences and experience.
7. Exclusion of Liability
precisionED assumes - as far as legally permissible - no liability for any direct or indirect damages or other disadvantages of Customers, Users or third parties caused directly or indirectly by the use of prEPAred by Customers or their Users.
8. Access to User Profiles; Data Protection
prEPAred is deliberately programmed from the User's point of view. Only Users have access to their own data and especially to their personal competence profile. Users decide with whom and for how long they share their personal competence profile. The Customers take note of this and agree to it.
If Users shall be obliged to disclose their data (in particular their personal competence profile), it is solely the responsibility of Customers to carry out the corresponding legal clarifications and adaptations of contracts etc. With the exception of aggregated or pseudonymized data for research or statistical purposes, precisionED will not provide Customers access to User data.
Detailed information on how precisionED processes personal data can be found in our "Privacy Notice" on www.prepared.app.
9. Obligation to Protect Data
Customers must take appropriate measures to ensure that Users comply with their data protection obligations at all times.
10. Utilisation of prEPAred by Users
precisionED makes prEPAred available to Customers as a web version. In order to use prEPAred, Users must be able to access the assessment system online. If Customers declare the use of prEPAred to be mandatory for Users, precisionED recommends Customers to provide Users access to the web version.
Users are free to use the free version of the prEPAred app (available in the App Store and Google Playstore) instead of the web version.
Customers are obliged to keep precisionED up to date with regards to their personal data (such as name and address in particular). Notices from precisionED are considered delivered when they have been sent to the address last communicated to precisionED.
12. Changes to the GTC
precisionED reserves the right to unilaterally amend these GTC at any time. precisionED will inform the Customer in advance in a suitable form. In the absence of a written objection within 30 days after the information, the changes are considered as approved by the Customer. In case of an objection to the changes by the Customer, the parties are free to terminate the contract prematurely according to section 2 paragraph 3.
13. Applicable Law, Place of Jurisdiction and Place of Performance
The licence agreement (contract of use) and the rights and obligations of Customers and precisionED among themselves are exclusively subject to Swiss substantive law.
Place of performance, place of debt collection for Customers domiciled abroad (special domicile in the sense of Art. 50 para. 2 of the Federal Law on Debt Collection and Bankruptcy of April 11, 1889) and exclusive place of jurisdiction for all proceedings in connection with a legal relationship between Customers and precisionED including validity, invalidity and violation of this agreement is Zurich (1), Switzerland.
precisionED reserves the right to bring an action against Customers at the competent court at the domicile, the registered office, the seat of a subsidiary or at any other competent court or authority.
© precisionED AG, September 2021