6. TERMS & CONDITIONS

July 13, 2016

BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.
THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SERVICES, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 11 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

Eligibility; Registration and Account

You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Services suspended or terminated.

To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at https://www.facebook.com/whitehat if you discover or otherwise suspect any security breaches related to the Services.

Equipment; Software; and Updates

Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.

We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our community standards, agreements, laws, regulations or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.

Seizures:

Some people (about 1 in 4000) may have severe dizziness, seizures, eye or muscle twitching or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Such seizures are more common in children and young people under the age of 20. Anyone who experiences any of these symptoms should discontinue use of the headset and see a doctor. Anyone who previously has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using the headset.

Children:

This product should not be used by children under the age of 11, as the headset is not sized for children and improper sizing can lead to discomfort or health effects, and younger children are in a critical period in visual development. Adults should make sure children (age 11 and older) use the headset in accordance with these health and safety warnings. Adults should monitor children (age 11 and older) who are using or have used the headset for any of the symptoms described in these health and safety warnings (including those described under the Discomfort and Repetitive Stress Injury sections), and should limit the time children spend using the headset and ensure they take breaks during use. Prolonged use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the headset for any decrease in these abilities.

INFORMATION WE COLLECT

Full account will be given to data protection aspects. The identity of each participant will be kept confidentially at the site of data collection and will not be shared amongst consortium partners or any other group. Each participant will be assigned a coded identification number once they provide informed consent (via either an electronic consent agreement menu at the smartphone (GData) or a signed one (SData)). All documentation and data collection sheets will have this coded ID number and will not contain any information that would identify the participant. The ID number will be the only way of identifying participants. The coded data will be stored on a separate computer to the study data, in a password protected file. GData/SData will be anonymized and stored on secure file servers in a private Cloud, managed by the partner institutions in line with respective institutional policies. The transfer of data between partners will also be protected. All electronic data will be encrypted and will only have the participant’s ID and relevant clinical or physiological information required to interpret the results. The password to access the encrypted data will be provided by phone and will not accompany the data or be delivered through the same medium. The principal investigator from each participant organization will be responsible for ensuring compliance with local and EU data protection regulations (95/46/EC and its forthcoming amendments with new guidelines for data protection and privacy to be enforced from 2017).

In addition to the data we collect in registration for the Amanda, we also collect:

Data Imports. The Amanda allows you to import data including data collected as answers in specific tasks. You may also give permission to import certain data from third party wearable activity devices (like Microsoft Band). We are not responsible for the data practices of third parties from which you may elect to import data and you are advised to consult their privacy policies separately.
Other Information You Provide to Us. We also receive other information, including personal data, that you may provide to us, such as comments or questions you provide to us.

Data Security:
We take steps having HIPAA and Personal Health Information (PHI) guidelines to ensure that your personal data is kept in de-identified format by removing personal data that reasonably can be used to identify you directly, such as name or telephone number. ISO 27001 and HL-7 are all included in Microsoft Azure Privacy Policy but we encrypt all data users provide to us with ID-based in Mobile Service as well as in the Windows Azure Virtual Machines to keep the anonymity. Data after their processing are deleted to be complied with HIPAA regulations.

Your Rights and Choices Subject to applicable law, you may have certain rights regarding the personal data we maintain about you. You may have the right to request access to and receive information about the personal data we maintain about you, or have your personal data rectified, blocked or deleted if it is incorrect, inaccurate or outdated. Following your request, we will accommodate your enquiry as required by applicable law.

Changes in Privacy Policy will be applied if EU health data protection regulations and HIPAA updates.