DXS INTERNATIONAL PLC

End-user Licence Terms

DXS International plc (“DXS”) is the developer of the MyVytalCare app to which these Terms of Use apply. These end-user licence terms (“terms”) are a legal agreement between you and DXS, a company registered in England and Wales with company number 06311313, whose registered office is located at 119 St. Mary’s Road, Market Harborough, Leicestershire, England, LE167DT (the “we” or “us”) and governs your use of the online software component known as MyVytalCare (accessible at http://support.myvytalcare.com/), including updates and new releases (“Software”) issued from time-to-time, electronic and physical documentation (“Documentation”).

It is a condition of your use of the MyVytalCare software that you read the disclaimer of liability below and accept the terms thereof. As the disclaimer affects your legal rights you should not accept these TERMS of USE unless you fully understand the terms of the disclaimer. By clicking the “Accept” button you agree to these terms. You will be asked to click the “Accept” button the first time you log in and use the Software. If you do not agree to these terms, you must not use the Software. We recommend that you print a copy of these terms for future reference.

1. Acknowledgements



The terms of our Privacy and Cookie Policy, are incorporated into these terms and set out the ways in which we process the personal data we collect from you. By using the Software, you consent to such processing and you warrant that all data provided by you is accurate. The Software is made available to you free of charge. We do not guarantee that the Software, or any content thereon, will always be available or be uninterrupted. We will not be liable to you if, for any reason, the Software is unavailable at any time or for any period. We may update these terms from time-to-time. If we update these terms, we will inform you thereof the next time you log into the Software. You will be asked to click on the button and “Accept” the most recent terms to be able to continue using the Software.

You must treat your username and password as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at support@dxs-systems.com.


2. Grant of Licence



In consideration of your agreement to abide by these terms, we grant you a non-transferable, non-exclusive licence to use the Software, subject to these terms and the Privacy and Cookie Policy. We are the owner or licensee of all intellectual property rights in the Software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not modify, copy, disassemble, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the MyVytalCare App or website. You may not copy any element of the App or website that you may download except where it is part of a general backup routine where you must undertake to keep all backups secure. This is your personal data and you are now responsible for its security.

This does not affect any statutory rights as a consumer.


3. Use of Our Apps



These Terms of Use apply to your use of the service and are not dependent on the type of device on which you view the MyVytalCare App. When you use Apps you will also be subject to the App Store Rules. If the App Store Rules are inconsistent with these Terms of Use, these Terms of Use will apply.


4. Acceptable Use Restrictions



You must not:

  • (a) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
  • (b) infringe our intellectual property rights in relation to your use of the Software;
  • (c) use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • (d) not collect or harvest any information or data from the Software or attempt to decipher any transmissions to or from the servers running the Software. (collectively referred to as “Acceptable Use Restrictions”)


5. Data Protection



DXS have no rights in your personal data (as defined in the Data Protection Act 1998 (the “DPA”)). and now the Data Protection Regulation (GDPR) (EU) 2016/679. When processing your medical records, the healthcare organisation to whom you have provided the personal data shall be the data controller and we shall be the data processor (as defined in the DPA). We shall:

  • (a) process the personal data only in accordance with the data controller’s instructions and these terms;
  • (b) implement appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure. We are an NHS IG Toolkit accredited company; and
  • (c) not process or transfer any personal data outside the European Economic Area.


6. Limitation of Liability



You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functions of the Software meet your requirements. We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any indirect or consequential loss arising under, or in connection with these terms which fall within any of the following categories: special damage, or loss of goodwill, or loss of, or damage to, data or information. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Software or any content on it, whether express or implied.


7. Termination



We may terminate your access to the Software immediately if you:

  • (a) commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so. A breach of clause 2 will constitute a material breach of these terms; and
  • (b) breach any of the Acceptable Use Restrictions. On termination for any reason all rights granted to you under these terms shall cease and you must immediately cease using the Software.


8. Third Party Links



Where we provide links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.


9. Contact Us



If you wish to contact us in writing, you can send an email to support@dxs-systems.com. We will confirm receipt of your correspondence by contacting you in writing, generally by email. Should we need to contact you or give you notice in writing, we will do so by sending you an email to the address you have provide to us upon registration to use the Software.


10. General



Each of the clauses of these terms operates separately. If any court or competent authority decides that any of these terms are unlawful or unenforceable, the remaining clauses will remain in full force and effect. These terms, its subject matter and its formation, are governed by English Law. You and we both agree to the courts of England and Wales having exclusive jurisdiction.


11. Privacy and Cookie Policy



DXS International plc ("We") are committed to protecting and respecting your privacy. This policy (together with our end-user licence terms) applies to your use of our online software component known as MyVytalCare which is available at http://support.myvytalcare.com/ (the “Online Portal”). This policy 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 how we will treat it. By clicking on the “Accept” button you expressly consent to the practices described in this policy. For the purpose of the Data Protection Act 1998 (the “Act”), Data Protection Act 1998 (the “DPA”) and now the Data Protection Regulation (GDPR) (EU) 2016/679 the data processor is DXS International plc whose Data Protection Registration Number is ZA157287.


12. Information We May Collect from You



We may collect and process the following data about you:

  • Information you give us. You may give us information by filling in forms on the App or our Website or by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use the MyVytalCare App. The information you give us may include your name, date of birth, NHS number, address, email address and phone number (“Registration Information”);
  • Information we collect about you. Each time you use the MyVytalCare App or our website we may automatically collect the following information: technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
  • information about your visit, including the full Uniform Resource Locators (“URL”) clickstream to, through and from our App or website (including date and time) and page response times. (collectively referred to as “Usage Information”) The MyVytalCare App may, from time-to-time, contain links to third party Apps or websites. If you follow a link to any of these Apps or websites, please note that these Apps or 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.


13. Cookies



The Apps and website use cookies to distinguish you from other users. This helps us to provide you with a good experience and also allows us to improve the Online Portal. Cookies are small data files which are stored on the hard drive of your computer. Cookies contain certain personal information about you, which helps us to deliver a better and more personalised service. You may refuse to accept cookies by activating the setting on your browser which allows you to reject cookies. However, if you select this setting you may be unable to access certain parts of the Online Portal. We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of the Online Portal. They include, for example, cookies that enable you to log into secure areas of the Online Portal.


You can find more information about the individual cookies we use and the purposes for which we use them in the table below. What is a cookie? Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. You can find more information about cookies at www.allaboutcookies.org. There are several kinds of cookies that can be applied to websites, but MyVytalCare's use of cookies is very limited.

 

Cookie Type

What it is used for?

How this type of cookie is used by MyVytalCare?

Cookie Name

Strictly necessary cookies

These cookies are essential in order to enable you to move around the website and use its features such as accessing secure areas of the website.

MyVytalCare uses a session cookie to maintain your "logged-in session", allowing us to know that you are securely logged in to our site.

Performance cookies

These cookies collect information about how visitors use a website, for instance which pages visitors go to most often and if they get error messages from web pages. These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous.

No

Functionality cookies (Session and Persistent)

These cookies can be first- or third-party session or persistent cookies. These cookies will be as a result of a user action but might also be implemented in the delivery of a service not explicitly requested but offered to the user.

First party only, one "Session" and one "Persistent", see details below.

Session cookies

A session cookie allows website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.

MyVytalCare uses session cookies to maintain your "logged-in session".

MyVytalCare Session

Persistent cookies

These cookies remain on a user's device for the period of time specified in the cookie.

MyVytalCare uses a persistent cookie to tell us that you have seen our cookie message at the first point of sign in so that we don’t keep showing that message again. It lasts for 12 months.

MyVytalCare Cookie Consent

 

Descriptions taken from the International Chamber of Commerce Guide to UK Cookies 2012.



Uses Made of the Information



We use information held about you in the following ways:

  • Information you give to us. We will use your Registration Information to manage your account and for our own internal administration purposes;
  • Information we collect about you. We will use your Usage Information to monitor, gather and use “usage” statistic. We do not disclose information about identifiable individuals and “usage” statistics will always be anonymised;
  • To improve the Online Portal to ensure that content is presented in the most effective manner for you and for your computer; and
  • As part of our efforts to keep the Online Portal safe and secure.


Disclosure of Your Information



We may disclose your personal information:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets provided that you have provided your express consent to the disclosure of your information;
  • if DXS International plc or substantially all of its assets are acquired by a third party, in which case personal data held by it about its end users may be one of the transferred assets provided that you have given your express consent to the disclosure of your information;
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to protect your vital interests or the vital interests of other end users;
  • if we are required to disclose “usage” statistics to Clinical Commissioning Groups, in which case your information will be anonymised; and
  • to your healthcare organisations, provided that you have given your express consent to the disclosure of your information to the healthcare organisation.


Where We Store Your Personal Data



The data that we collect from you will be stored in the European Economic Area ("EEA"). All information you provide to us is stored on our secure servers. You are responsible for keeping your username and password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will make every effort to protect your personal data, we cannot guarantee the security of your data transmitted to the MyVytalCare App(s); any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.



Access to Information



The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.



Changes to Our Privacy and Cookie Policy



We may update this policy from time-to-time. If we revise this policy, we will inform you when you log into the Online Portal and you will be asked to click on the button and “Accept” the most recent policy. This policy was last updated on 23 May 2018.



Contact



Questions, comments and requests regarding this policy are welcomed and should be addressed to http://support.myvytalcare.com/