License agreement for the use of Asthma Tracker

License agreement and terms of use for the software “Asthma Tracker”

By downloading, installing and/or using the software “Asthma Tracker” (“App”) by the company “haako gmbh” (Developer) and the cantonal hospital of Basel-Country (Publisher) in its entirety or in part, you agree to the terms of use stated below. The usage of the app is exclusively permissible in accordance with these terms of use.

The terms of use may be modified, amended or replaced by the publisher. By taking up usage, the validity of these terms of use in their respective wording is being accepted. The terms of use may always be inspected. For that, go to http://www.asthma-app.com.

1. Usage of the software

  1. The publisher grants a non-exclusive and non-transferable right to download the app “Asthma Tracker” onto your mobile device, to install it there and to use it in a fashion intended by the publisher. Apart from these rights no additional rights will be devolved by this license agreement.
  2. You must not use the app in a manner that may damage, disable, overburden or impair the app and the servers and networks involved. Furthermore, it is prohibited to use the app and the servers and networks involved in a manner that may limit or lessen the benefits and the enjoyment of third parties.
  3. You agree that the sole responsibility for the usage of the app lay with you and that neither the developer nor the publisher bear any liability towards you or third parties. You also agree that you, as the user of the app, bear the sole liability for violations for your part of these terms of use and the consequent implications and that you may be held responsible immediately, or at a future date.

2. Intellectual property

You acknowledge and agree that:

  • The app contains confidential information and content protected by copyright and the applicable and prevailing Swiss and international laws for protection of intellectual property and other Swiss as well as international laws and agreements.
  • The publisher and/or third parties exclusively hold all intellectual property rights on the app and the content available within the app. Hereof excluded is all content which is saved or deposited by you as a user on the available in-app functionality.
  • The publisher and/or third parties hold all intellectual property rights on the app and/or parts of it. Under the term of “intellectual property”, all works are taken to mean that are protected by applicable by Swiss and international patent law, copyright law, trademark law or design law and agreements.
  • It is not permitted to you or third parties to copy, sell, grant a license to third parties of, distribute, demise, modify, or translate the app; to create derivative works, based on the app and its constituents, components and designs, to decompile, recreate (“reverse engineering”), disassemble or get ahold of the source code and the contained content retrievable.
  • You will not undertake any action aimed at circumventing or deactivating the used or induced security measures and rules applied by certain functionalities for the usage of content within the app.
  • You will refrain from using the app to access content and works protected by copyright or other applicable Swiss or international law; to copy, convey transcode or spread them through the app.
  • You are not allowed to remove, blanket or blur copyright notices, brands or other tags of copyrighted property attached to the app within the frame of accessing it.

3. Data security and privacy

By using the app you agree that the publisher collect the following anonymized, non-medical data that provides information about usage of the app and the functions contained therein, as well as the used hardware:

  • Information regarding the operating system and the operating system version
  • Information regarding the used hardware
  • The set time zone on the device
  • The set language on the device
  • Error messages
  • The used version and build number of the app and its constituents used by you
  • Crash logs
  • Date and time (UTC), the internal characterization of the functions or functionalities used by you (e.g. by creating a new user entry), as well as the user-ID generated automatically and randomly at the first start or the installation of the app.

By uninstalling the app from your device, the randomly generated user-ID is being deleted from your device and newly generated when reinstalled. Neither personal data within the meaning of article 3a DSG (Swiss federal law governing data protection), nor data exceptionally worthy of protection within the meaning of article 3c DSG is being collected, conveyed or processed in any other way. All medical data that is being entered through the app or singled out from or saved in other applications or databases on the device, are not being conveyed but remain locally on the device. Should health data be saved in Apple Health, Google Fit or other cloud-bound health platforms of third parties and should these databases be synchronized with the cloud-services or backup-solutions by the respective provider by permission of the user, or should they be saved in it, so will the data stored therein be subject to data protection terms of the respective provider.

You acknowledge that the developer and the publisher of the app cannot influence third parties regarding data protection and you agree that neither the developer nor the publisher of the app bear the responsibility or can be held liable on that account.

It is not possible for the developer or the publisher and companies possibly hired by them to service, refine and maintain the app, to create or process user- or personality profiles that can be precisely allocated to a certain person based on conveyed data (especially based on the user-ID); nor is this intended. The collected and aggregated anonymous data is being used to analyze the usage of the app. It is being used for the purpose of refinement and improvement, or to cut out mistakes in the interest of the app`s users; all of this in the sense of processing continuous feedback. The developer or the publisher and companies possibly hired by them to service, refine and maintain the app, are amenable to Swiss data protection law.

3.1 Usage of data for research purposes

Furthermore, the data is being saved securely and encrypted and analyzed for medical-scientific research purposes. Information entry into the text-box is not being collected.

After first opening the app you will be asked for your explicit consent on whether or not you want to make your health-related data available for the publisher, in order to conduct research.
If you consent, your data can be used for future, not yet defined, research projects. The research projects are mostly conducted by researchers within the cantonal hospital of Basel-Country. They may as well be conducted at other research institutes (other hospitals, universities, research drug industry). For that purpose, your data and samples can be transferred domestic and abroad. Usage and transfer are regulated, so that your data is strictly protected. The research projects are reviewed by the ethics commission in charge.

For your protection, researchers are allowed to use the data only encrypted and under strictly regulated premises. This ensures that your rights are being respected, especially the protection of your privacy.
You have the right to withdraw your consent at any time in the settings of the app (revocation). In case of a revocation, no data will be used for research anymore.
The app is utilizable even without consent to the usage of your data. In that case, no health-related data will be forwarded to the publisher.

4. Export Restrictions

The app is subject to export restrictions of the Swiss Confederation. The user covenants to abide by all applicable Swiss and international laws concerning the export of the app. These laws include restrictions on export destinations, users as well as usage.

5. Termination of contractual relationship

This license agreement and the associated terms of use remain in effect until cancellation by you. You may always withdraw from the license agreement and the terms of use by permanent deletion of the app from your device. Your usage rights, independent of demission, expire immediately and permanently, if you fail to abide by the terms of use at hand. In that case, the app must be deleted immediately from the device.

6. Obligations of the user to third-party claims

You bind yourself to, as far as compatible with applicable law, protecting and averting any damage to the developer and the publisher of this app, their partners and their respective executives, persons in authority, employees and representatives from any claims, lawsuits, charges or legal action whatsoever resulting from you using the app. This, among other things, encompasses – although not exclusively – losses, duties, damage, costs and expenditures (including appropriate legal fees), which emerge from your usage of the app, including downloading, installing and using it; or, from violating these terms of use.

7. Disclaimer of liability

  1. Downloading, installing and using the app happen exclusively at your own risk and without any warranty by the developer or the publisher whatsoever.
  2. The developer and the publisher are not liable for any damage to mobile- and other devices as well as to the user’s software. This includes damage to the application caused by viruses. They are also not liable for loss of preexisting user’s data or for data originated from using the app.
  3. The developer and the publisher, within the scope of the legally permissible, reject any liability for material- or legal defect whatsoever, as well as functional faults of the software and also ceded information and documentation. Liability for their accuracy, completeness, usefulness, absence of errors and/or freedom from third-party copyrights and related rights is explicitly rejected.
  4. The app is not designated for the use at operating nuclear facilities, life support systems, emergency communication systems, aircraft navigation- or communication systems, air traffic systems, or any other activities in which failure of the app may result in death, injuries, severe physical harm or environmental damage.

8. Closing provisions

  1. The terms of use at hand constitute the entirety of all contracts between you and the publisher of the app.
  2. The terms of use at hand replace other possible agreements, arrangements and contracts between you and the developer resp. the publisher of the app.
  3. A possible waiver of (judicial) enforcement of the terms of use in individual cases by the publisher does not mean that the publisher generally abdicates their assertive right, or abrogates the terms of use entirely or in part.
  4. Should individual clauses of these terms of use prove to be invalid, void or unrealizable, so will neither the validity, nor the efficacy, nor the satisfiability of the remaining parts of the terms of use be impaired.
  5. These terms of use, as well as the business relationship between you and the publisher of the app, are governed by Swiss law. Exclusive place of jurisdiction is Liestal, Switzerland.