Terms of Use & Privacy Policy

Terms of Use

Welcome to the website located at https://www.easypodconnect2.com and dedicated to easypodTM connect (the "Website").

The Website provides access to a web-based software (the “Software”) created and owned by Ares Trading S.A., Zone Industrielle de L'Ouriettaz, 1170 Aubonne, Switzerland ("Ares Trading", “Us” or “We”). Ares Trading S.A. is the manufacturer of the easypod™ connect and an affiliate of Merck KGaA, Darmstadt, Germany.

These Terms of Use apply to the Website and include the description of the services rendered through it. By using the Website, you are agreeing to these terms. Please, read them carefully. If you do not agree, please do not use the Website.

THIS WEBSITE AND THE SOFTWARE ARE INTENDED ONLY FOR AUTHORISED USERS WHO RESIDE IN THE COUNTRIES NAMED IN THE LIST OF AUTHORISED COUNTRIES AVAILABLE ON THIS WEBSITE.

Accordingly, only authorized users who reside in these countries are allowed to register and use the Software. We may deny account creation based on your location or other reasons, you must not attempt to work around such limitations in the service. If you do not reside in one of these listed countries, and you have previously registered, you must immediately discontinue use of the Software and this Website until further notice.

We provide you access to the Website subject to the following Terms of Use (the "Terms"). The Website is available only for your personal, non-commercial use. By using the Website, you agree to be bound by the Terms, the Privacy and Cookie Policy, the Instructions For Use (IFUs), and the License Agreement and to use the Website in compliance with all applicable laws and regulations.

We may, in our sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Website. You may not use the Website in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any service, data, account or network.

By continuing to access and use the Website after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular Ares Trading services or features on the Website, you shall be subject to any posted guidelines, rules, terms and conditions applicable to such services or features that may be posted from time to time.

1. Description of Service

The Website provides access to a web-based software (the “Software”) and related services intended only for Healthcare Professionals, including doctors and nurses treating and/or supporting or monitoring patients (including the nurses from the Merck patient support programs) using the easypod™ injector to administer Saizen™, who are duly authorized to practice in the country of use.

Access to the Website is password protected. The Website, the Software, information, features and services available on or through the Website are referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.

2. Internet Access required

To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider whether any fees may apply. You are solely responsible for any fees or costs you incur to access the Service through any wireless or other communication service.

3. Your service account and co-custodians

If you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that any person who access our site through your internet connection are aware of these Terms, and that they comply with them.

You must keep your account credentials confidential and not authorize anyone else to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact Customer Support (as detailed in the Instructions For Use) right away if you suspect misuse of your account or any security breach in the Service. You are responsible for all activity that takes place with your Service account.

If there is/are co-custodians of records in your account, you acknowledge that the co-custodians have full control over that record and may view the record's data including how and when the record is used or input data.

4. Your Content and sharing records

For the purposes of these Terms of Use, we mean by "Your Content" any content, data or information provided by you on the Service through the Website. You are the owner and sole responsible for the legality, accuracy and adequacy of your content in relation to the provision of services based on the Website. We do not claim ownership of your content. Your content remains your Content. We also do not control, verify, or endorse the Content that you and others make available on the service. Notwithstanding the foregoing, Ares Trading will have the consideration of data controller according to the Privacy Policy and the applicable law.

You control who may access your Content, along with any co-custodians. If you share Content on the Service in a way that infringes others' rights, including privacy rights, you are breaching these Terms and shall fully indemnify Us and our affiliates against any third party’s claim arising out of your breach of these Terms. We may remove your Content from the Service at any time if you breach these Terms.

You are aware that we may terminate the Service at any time. We may permanently delete your Content from our servers. We have no obligation to return Content to you after the Service is cancelled. We do not store permanently the Content you upload and may delete it after a period of time. Deleted Content may be irretrievable. However, before We irretrievably delete any Content you have uploaded, We will inform you 30 days in advance allowing you, if you wish, to print a hard copy of your specific patient report then available in the system before the 30 days period lapses.

If you decide to include any Content made available from this Service in your records, you should store a copy in your own system.

5.For Informational Purposes Only; No Medical Advice

The Service is provided for informational purposes only. Whilst We have taken reasonable care in compiling and maintaining it, We are not responsible for any action taken by any person or organization, wherever they are based, directly or indirectly as a result of the Service contained in or accessed through the Website. Nothing in this Service should be construed as the giving of medical advice or the making of any recommendation.

NEITHER ARES TRADING NOR ITS AFFILIATES PRACTICE MEDICINE OR PROVIDE MEDICAL SERVICES OR ADVICE. The Service on this Website is not intended as a substitute for informed medical advice. AS A HEALTHCARE PROFESSIONAL, YOU HAVE FULL AND FINAL RESPONSIBILITY FOR THE ANALYSIS, REVIEW AND ASSESSMENT OF ANY CONTENT SHOWN IN THE SERVICE. THE USE OF THE SERVICE OBTAINED OR DOWNLOADED FROM OR THROUGH THIS WEBSITE IS AT THE USER'S SOLE DISCRETION AND RISK. Availability and content of the Service vary by country. Healthcare Professionals should check on this Website for information appropriate to their country.

6.Privacy

You will be required to provide certain information to Us in order to take advantage of the Service. We process information about you in accordance with our Privacy and Cookie Policy. By using our Website and our Service and providing information on the Website or to our Customer Support, you consent to such processing and you warrant that all information you provide about yourself is true, accurate, current and complete information.

You confirm that you have the legal authority to consent to Us processing all information You provide and that you obtained the explicit consent of all other persons whose health data you provide.

We operate this Service for your benefit and that of your patients. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect our users or stop you from breaching those Terms. The technology or other means We use may hinder or prevent your use of the Service.

7. Linking to our Website

You must not link any website to our Website without the express prior written consent of Ares Trading.

8. Right to Use Information Supplied by User

In the event that you submit any information in order to register for use of the Software and thereafter whilst using the Software, this information shall be used by Us in accordance with the Terms.

9. Viruses, Hacking and other Offences.

You must not misuse our Website (including the Sotware and the Service) by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service type of attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Service will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and the Service or to your downloading of any material posted on it, or on any website linked to it.

10. Third-party Websites and Content

This Website and the Service may contain third-party-owned content (e.g., articles, data feeds or abstracts) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party-owned websites or content referred to, accessed by or available on this website and therefore We do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. In particular, We do not accept any liability arising out of any allegation that any third-party-owned content (whether published on this or any other website) infringes the intellectual property rights of any person, or any liability arising out of any information or opinion contained on such third-party website or content.

We cannot guarantee that you have any right to use third-party-owned Content which may be available on this Website and you must obtain permission from the third-party owner before using or downloading such Content.

We do not accept any liability arising out of any allegation that any third-party-owned content (whether published on this or any other website) infringes the intellectual property rights of any person, or any liability arising out of any information or opinion contained on such third-party website or content.

11. Software license terms for software that may be downloaded from the website

This Website may contain downloadable software components (“downloadable component“). The following license terms apply for software that is downloaded from this Website and installed on your computer if you choose to do so.

The software and its downloadable component if applicable is provided to You by Ares Trading and any third parties retained by Ares Trading, “As is” without warranty of any kind, whether express or implied, written or oral, including any warranty of merchantability or fitness for a particular purpose, and any warranties arising out of course of dealing.

You expressly acknowledge and agree that you are solely responsible for use of the software in general. You assume the entire risk as to the installation, accuracy and use of the software, including obtaining of any authorizations and consents required for installation and use of the software. In particular, We do not warrant that installation and operation of the software will be uninterrupted or error-free or that defects in software will be corrected.

You shall assume the entire cost of all necessary equipment (hardware, third party software, internet access, etc.) for the installation and use of the software, including any servicing or repair arising out of or in connection with such installation or use.

By using this Website, you are agreeing to be bound by the terms of the License Agreement available on this Website.

USE AND/OR DOWNLOADING OF SOFTWARE IS SUBJECT TO CONTINUED ACCEPTANCE BY USER OF ALL TERMS AND CONDITIONS GOVERNING SUCH SOFTWARE, IN PARTICULAR THE SOFTWARE LICENSE TERMS THAT FOLLOW, AS MAY BE AMENDED FROM TIME TO TIME. PLEASE READ THESE CAREFULLY BEFORE USING THE SOFTWARE.

We may automatically check your version of the downloaded software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the Website and the Service.

Any software We provide is licensed, not sold. Unless We notify you otherwise, the software license ends when the Service provided to you ends. You must then uninstall the Local Component of the Software, or We may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the Website or the Service, except and only to the extent that the applicable copyright law expressly permits doing so.

12.No Warranties

THIS WEBSITE AND THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ARES TRADING AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARES TRADING AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SERVICE AVAILABLE THROUGH THIS WEBSITE. ARES TRADING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. No Liability

YOU AGREE THAT NEITHER ARES TRADING, NOR ITS AFFILIATES NOR ANY OTHER PERSON OR COMPANY ASSOCIATED WITH ARES TRADING OR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE SERVICE ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ARES TRADING, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT AND THRID PARTY PROVIDERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, PERFORMANCE, NON-PERFORMANCE INTERRUPTION, INFECTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THIS WEBSITE AND THE SERVICE. BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF ARES TRADING AND ITS AFFILIATES AND SUPPLIERS.

14. Copyright

The copyright in this Website and the Software, including without limitation, in all documents, files, text, images, graphics, devices and code contained in it and in this website's general 'look and feel', is owned by Ares Trading or its Affiliates (All Rights Reserved). You are authorized to copy and print extracts or documents from the Website and the Service (except for any third-party-owned content which has been identified as such) for your non-commercial use provided any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them. Ares Trading and its affiliates’ logos and trademarks may not be used or reproduced without Our prior written consent.

Other than as specifically mentioned above, reproduction of part or all of the contents of this website and Service in any form, including framing, creating any derivative work based on this Website and/or its content, incorporation into other websites, electronic retrieval systems or publications is prohibited. We cannot guarantee that you have any right to use third-party-owned Content which may be available on this Website and you must obtain permission from the third-party owner before using or downloading such Content. Content which is copyright protected may not be changed, nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.

Except for the limited permission set out above, nothing on this website should be construed as granting any other right or license.

15.Modifications to Service; Termination

We continuously work to improve the Service and may change it at any time. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right, at its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Service, for any reason including any breach by you of the Terms or conduct by you that We may determine to be inappropriate.

You may cancel the service at any time and for any reason.

16. Miscellaneous.

To the extent that any provisions of these Terms of Use are held to be illegal, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.

17. Survival

All sections of these Terms of Use which by their nature should survive termination will survive termination of your use of the Service, including, without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

18. Assignment

We may assign, transfer, or otherwise dispose Our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign these Terms or transfer any rights to use the Service.

19. Jurisdiction and Applicable Law.

These terms are governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws principles. Ares trading and you hereby irrevocably consent any claim arising from, or related to, a visit to our Website, Use of the Service or to our Terms shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland.

PRIVACY AND COOKIE POLICY

Please, read this Privacy and Cookie Policy carefully. It contains important information about the data we collect and the ways we ensure your Privacy and the Confidentiality of your personal information.

Ares Trading S.A. (“ATSA”, “we”, "us" or “our”) is committed to the privacy of users of our websites and is committed to the protection of their personal information. Please note that this website dedicated to easypodTM connect (the “Website”) is for use and access only by Healthcare Professionals, doctors and nurses who have been provided registration details to the Website by ATSA (“you").

Ares Trading S.A. is the manufacturer of the easypodTM connect and an affiliate of Merck KGaA Darmstadt, Germany. This policy, together with the Terms of Use, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data and other personal data you provide, as well as how we will treat them.

The Website contains two types of personal data: your own personal data (“your data”) as well as your patients’ data. This policy refers to our general practice covering your data. Use of patients’ data by us is covered in the patients’ consent form.

1. We may collect and process the following data about you:

a) Information that you provide by filling in forms and/or registering on our Website, including without limitations name, email address, phone number and place of work; or technical information about your device or software.

b) If you contact us, we may keep a record of that correspondence; we may also ask you for information when you report a problem with our Website.

c) Details of your visits to our Website including, but not limited to traffic data, and other communication data and the resources that you access. Such data is collected based on your login as we maintain an “Audit Log” of the operations performed by each user.

d) Data you enter about the treatment of your patients (such as notes about the health status of patients, their clinical history or appointments).

e) Analytics data about Website usage. See 4.2.

2. Use of Patients’ data.

The collection and use of patients’ data by us is covered by and subject to the patients’ consent form. Patients’ personal data will be pseudonymised (meaning that a randomly generated identification code is assigned to their data) and encrypted while stored in the database to ensure that only persons who have data processing responsibilities as described in this document, and are authorized by data controller, can access and identify the information related to patients.

While we are responsible for our obligations towards patients according to the consent form, you remain responsible towards your patients for any data accessed, used, entered, created, generated or recorded by you as further described in the License Agreement (section 9).

3.Use of IP Addresses.

An Internet Protocol (IP) address is a set of numbers that is automatically assigned to your device whenever you log on to your internet service provider. Web servers automatically identify your device by the IP address assigned to it during your session online.

ATSA, or third party companies acting on our behalf may collect information about your device, including where available IP addresses, operating system and browser type, for the purposes of systems administration and to audit the use of our Website. We do not link a user's IP address to other personally identifiable information of that user, which means each user's session will be logged, but the user remains unknown to us. However, IP addresses may be used to identify users of our Website when it is necessary to enforce compliance with our Terms of Use, or to protect our service, Website or other users.

4. Cookies

Cookies are small text files that are placed on your device by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Please find below more information on how we use cookies. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. To find out more about cookies, including seeing which cookies have been set and how to manage and delete them, visit www.allaboutcookies.org

4.1 JSESSIONID

This Website creates a temporary cookie (JSESSIONID) as part of the user login identification process. This temporary cookie is configured to be deleted automatically once the web browser application is closed.

4.2 Google Analytics

This Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyze how users use the site. The information generated by the cookie about your use of the Website will be transmitted to and stored by Google on servers in the United States.

We have activated the “IP-anonymisation” feature on this Website, so your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases, accordingly with Google Analytics Policy, will the whole IP address be first transferred to a Google server in the United States and truncated there.

Google will use this information on our behalf only for the purpose of evaluating your use of the Website, compiling statistical reports on Website activity to us and providing us services relating to Website activity and Internet usage.

The IP-address that your Browser conveys within the scope of Google Analytics will not be associated with any other data held by Google.

You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

5. Where we store the Personal Data.

The operation of the Website requires that the data we collect from you and the data entered and generated on the Website is stored by us or a third party acting on behalf of ATSA, at a location determined by us. The data that you provide is stored at a destination within the European Economic Area ("EEA"). It may however be transferred to and processed by staff operating either within or outside the EEA who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that the data you provide is treated securely and in accordance with applicable privacy laws and this Privacy Policy.

All information you provide is stored on secure servers and we take all reasonable steps to protect it. We apply security safeguards in accordance with industry standards and applicable regulations, including encryption and secure https access, to protect your personal data and that of your patients.

However, since the transmission of information via the Internet is subject to risks beyond the control of ATSA, we cannot ensure or warrant the security of the data while they are been transmitted via the Internet.

We also would like to draw your attention to the fact that emails and SMS messages sent through the Website are not encrypted. You can help us keep your data safe by protecting your user account and using a strong password. It is your responsibility to protect the security of your login information.

6. How we use information held about you. We may use your data for the specific purposes listed below:

a) To provide the services on our Website including any updates to the Website;

b) To provide the services to support, maintain, operate or administer your data, the software, the database, related medical devices or related services;

c) To generate statistics, analyze the use of our services to improve our applications, software and services;

d) For contacting you in relation to the use of the software and services, including optional surveys and optional participation in clinical studies;

e) To ensure that content from our Website is presented in the most effective manner for you and for your device;

f) To allow you to participate in interactive features of our Service (if any), when you choose to do so; and/or

g) To inform you when updates to the Website are made available.

7.Disclosure of Your Information. We may disclose your personal information to our affiliates and subcontractors for the purposes described in this policy. In addition, we may disclose your personal information to other third parties (within the meaning of Data Protection laws) only in the following circumstances:

a) Whilst it is not a purpose of the aggregated statistics made available through easypodTM connect for patient’s health care/insurance provider (“Payer”) to show HCP or clinic details, Payers in your country may be able to identify you as an HCP from the aggregated data of such statistics;

b) If we are legally obliged to disclose your information or in order to enforce or apply our Terms of Use and to protect our rights or property, or those of others.

8. Third party websites. Our Website may contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

9. How to exercise your rights. You can exercise your rights in relation to your personal information, in the terms established by the Swiss Federal Data Protection Act (the “Act”) and any other applicable law. These rights include the rights to, free of charge, access, rectify, cancel your data and object the treatment of your personal information. In the event of a deletion, ATSA shall keep a record of your request for deletion and the date upon which this deletion occurred. Any such request shall be made as per section 11 below.

10. Changes to our privacy policy. We may occasionally update this Privacy & Cookie Policy and we will inform you of such changes per email/in writing or on the Website to ensure you are aware of such changes.

11. Contact. For all questions, comments and requests regarding this Privacy & Cookie Policy (other than as set out in section 9 above) or other material on our Website, please refer to your Contact section on the Website.

If you have any questions or concerns you can contact our data protection officer DPO-ATSA-Switzerland@merckgroup.com or the data protection authority under their email address: info@edoeb.admin.ch or here.