Legal facts and Data Safety

prEPAred Privacy Notice

Last Updated: March 20st, 2021

 

Dear User, 

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

Web: 

E-mail: 

Our representative in the European Union pursuant to article 27 of the GDPR is: 

Marije Hennus; MD, PhD, MSc ClinEd, FHEA

Belleperenlaan 19

3452 EV, Vleuten

The Netherlands

 

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
Feldeggweg 1

CH – 3003 Berne

prEPAred Terms of Use

Last Updated: March 17st, 2021

 

AGREEMENT TO TERMS

These Terms of Use constitute the legally binding agreement made between you, whether personally or on behalf of a legal entity in case you act on behalf of and for such legal entity (“you”) and precisionED AG (precisionED SA; precisionED Ltd), Mühlebachstr. 2, CH-8832 Wollerau (“we”, “us”, “our” or “precisionED AG”), concerning your access to and use of the website web.prepared.app (collectively, the “Site”) or the prEPAred app (the “APP”) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto. You agree that by accessing and thereafter using the APP and/or the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the APP and the Site and you must immediately discontinue using it.

Supplemental terms and conditions or documents that may be posted on the APP or the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you hereby expressly waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use version by your continued use of the APP or Site after the date such revised Terms of Use have been posted.

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

Unless otherwise indicated, the APP and Site is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the APP or on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights, unfair competition laws and international conventions from illegal use. The Content and the Marks are provided in the APP and on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the APP or Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, especially no commercial purpose, without our express prior written permission.


LICENSE

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.


EPA ASSESSMENTS

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. 


USER REPRESENTATIONS

By using the APP and Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor and have reached legal age in the jurisdiction in which you reside; (5) you will not access the APP and Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the APP or Site for any illegal or unauthorized purpose; (7) your use of the APP or Site will not violate any law or regulation applicable to you or us; (8) your use of the APP or Site does not subject us to any license or registration requirement in the jurisdiction in which you reside; and (9) you will not use the APP or the Site other than in agreement with the limited license granted to you under these Terms of Use. You furthermore undertake that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the APP or Site or Content or Marks for any purpose other than in compliance with the limited license granted and these Terms of Use, unless with our express prior written permission.

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).

 

USER REGISTRATION

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

We grant you free access to our prEPAred-basic version for an indefinite time. We reserve the right to cancel your account for any reason and without prior notice at any time, including for any violation of these Terms of Use. You can explore the current capabilities of the prEPAred-basic version on our website www.prepared.app.

 

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. 

 

PAYMENT 

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). 

 

CANCELLATION

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 

 

PROHIBITED ACTIVITIES

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.

19.  Copy or adapt the APP or Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or any other code.

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

5.  your learning goals do not violate any applicable law, regulation, rule or best practice or any provision of these Terms of Use.

Any use of the APP or Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the APP or Site. We have the right, in our sole and absolute discretion, at any time and for any reason, without notice, to edit, redact, delete or otherwise change any learning goals that violate the above representations. We have no obligation to monitor your learning goals. In addition, you agree to fully indemnify and hold us harmless from and against any claim or loss related to any misuse of the learning goals or an infringement of the above representations and warranties on your side, irrespective of if such misuse or infringement occurred consciously, unconsciously or negligently.    
 

SUBMISSIONS

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”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the APP or Site or any Third-Party Content posted on, made available through, or installed from the APP or Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the APP or Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the APP or Site or relating to any applications you use or install from the APP or Site. Any purchases you make through Third-Party Websites or apps will be through other websites or apps and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
 

SITE MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the APP/Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the APP or Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the APP and Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the APP and the Site.

PRIVACY POLICY

We care about data privacy and data security. Please review our Privacy Policy, available on  www.prepared.app. By using our APP or Site, you acknowledge and agree to our data processing as described in our Privacy Policy, which is incorporated by reference into these Terms of Use. Please be advised that the APP and the Site are hosted in Switzerland. If you access the APP or the Site from a jurisdiction other than Switzerland which provides for data protection laws stricter than the Swiss Federal Act on Data Protection or the European General Data Protection Regulation (GDPR), you herewith expressly acknowledge and agree that such stricter laws shall not apply to any of our data processing, and you agree through your continued use of the APP or the Site to our data processing as described in our Privacy Policy. 

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

We respect the intellectual property rights of others. If you believe that any material available on or through the APP or Site infringes upon any copyright you own or control, please immediately notify us via the contact information provided in our Privacy Policy (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the APP or Site infringes your copyright, you should consider first getting legal advice.

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

These Terms of Use shall enter into effect between you and us with your first use of the APP or Site and remain in full force and effect while you use the APP or Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE APP OR SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR UNDERTAKING CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
 

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.

Unfortunately, we cannot guarantee that the APP or Site will be available at all times and that you can access your data gathered in the APP or Site. We may experience hardware, software, or other problems or need to perform maintenance related to the APP or Site or our servers, resulting in interruptions, delays, or errors in the use of or access to the APP or Site. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the APP or Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the APP or Site or data relating to you during any downtime or discontinuance of the APP or Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the APP or Site or to supply any corrections, updates, or releases in connection therewith. In addition, precisionED does not accept any liability for any loss of your data, including not when you downgrade from prEPAred-advance or -pro version back to prEPAred-basic version.

GOVERNING LAW

These Terms of Use and your use of the APP or Site are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negoziation

To expedite resolution and control the cost of any dispute, controversy, conflict or claim related to these Terms of Use or your use of our APP or Site (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating formal legal steps. Such informal negotiations commence upon written notice (an email notification to the email address you used to register your account shall be deemed to be in writing) from one Party to the other Party.

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. 
 

Exceptiones 

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. 

CORRECTIONS

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.

DISCLAIMER

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. 

NO GUARANTEE

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. 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the APP or Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties or undertakings set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the APP or Site with whom you connected via the APP or Site; or (6) incorrect, inaccurate or fake user profiles. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

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.

 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the APP or Site or in respect to the APP or Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions, and the unlawful, void or unenforceable provision shall be replaced by a new wording that comes closest to the parties' initial intentions an economical duty. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the APP or Site. 
 

CONTACT US

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:

Email: 

Web: www.prepared.app

Mail: precisionED AG, Mühlebachstr. 2, CH-8832 Wollerau SZ, Switzerland