Privacy Policy

The Pain QuILT Privacy Policy was last updated on September 22, 2021.

1. Scope, applicability and changes

These terms of service ("TOS") shall exclusively govern all rights, obligations and conditions between iHAT Solutions Inc. (“the Operator”) and end users ("the User") of the technology platform "PainQuILT", " ("platform"), including all websites and apps for mobile devices operated by iHAT Solutions Inc., in particular in connection with the processing of health-related data and any personal data uploaded by the User, and the information and services offered on this platform.

Upon registering as a User on the platform, the User shall be deemed to have read, understood and accepted these TOS.

These TOS may only be accepted, and the platform may only be used by persons who are older than 18 or with the consent of the legal representative.

These TOS are subject to change by the Operator at any time. Amendments to the TOS will be notified to the User by email or upon visiting the platform. Users who do not wish to accept the amended TOS must immediately cease using the platform. Continued use of the platform after notification of the changes shall be deemed to constitute acceptance of the amended TOS by the User. These TOS will apply in full to all future amendments and extensions to the platform.

2. Solution and platform data

The Operator offers registered Users a platform for the following purposes:

• to create and maintain an online pain journal,
• to share information with authorized healthcare professionals,
• for the report processing of pain information

The information which Users can record on the platform ("User Data") is classified in the following categories:

• "Personal data": email address, username and the password of the User as well as any information about the User necessary to process payments (if applicable);
• "Profile data": date of birth, gender, weight, size and profession of the User; (if required)
• "Health data": all journal entries, descriptions of pain, information on diagnoses and therapeutic interventions (or other).

The User Data are not made available by the Operator; instead they are recorded by Users on the platform.

The Operator does not validate the content of the User Data. The Operator is entitled to reject, delete and adapt content, exclude Users and cease the provision of services if there is an indication of an infringement of applicable laws, a breach of these TOS or without stating any given reasons at its sole discretion.

3. Use of profile data and health data and consent to access by approved third parties

The above-mentioned profile data and health data of the User is intended to assist and improve the management of pain. To achieve this goal, the Operator may make the individual User's profile data and health data available to:

• User Approved doctors, therapists and other healthcare professionals to enable them to better deliver healthcare to the User,
• User approved other stakeholders who are involved in the care and management of the User,

As the profile data and health data can be viewed by such third parties, the User is only required to enter information in regard of which they consent to have them made available to third parties. As a rule, third parties are not able identify a User on the basis of the User's profile data and health data unless approved by that User. However, the Operator cannot guarantee the anonymity of the Users in full. Users should ensure that they do not provide information that would allow third parties to draw conclusions about their identity, for example, by disclosing their names, addresses or email addresses in their profile data or health data.

The Operator can make the profile data and health data of Users available to selected third party organizations only in anonymized, de-identified and aggregate form.

The Operator may require remuneration from third parties for the data made available to them pursuant to this section, without, however, being required to pay individual Users remuneration in return.

Upon acceptance of the present TOS, the User fully consents to the use of their profile data and health data in the described manner and to their transmission to third parties.

4. Data protection

The Operator undertakes to comply with the spirt data protection laws.

The Operator shall save and process the User Data (personal data, profile data and health data) entered by Users on one of the platform to deliver its services to improve and expand the services offered by the Operator, to obtain insights about pain problems, treatment options and for medical research as well as for service billing purposes.

The Operator makes the data entered on the platform by Users, including personal data, available to third parties for the purpose of providing and especially, but not limited to, for the storage of data and analyzing profile data and health data. The Operator shall require third persons who have access to the User Data to observe data protection regulations.

Any liability for damage caused by such third parties, in particular by persons used by the Operator to perform its contractual obligations, is excluded to the extent permitted by law.

As described in Section 3, the Operator makes the health data entered by Users on one of the platform available to third parties that may well be located in countries that lack data protection legislation.

The User expressly consents to data processing and data disclosure as described in this Section.

5. Storage and deletion of the User's data

If the use of the platform pursuant to Section 11 is terminated in any way, the Operator may irrevocably delete all data of the User entered previously.

Upon termination of the use of the platform the User may request the Operator to delete the personal data (in other words, email address, username, password, etc.). To this end, the User must send an email with a corresponding request to user_request@painquilt.com. The User may, however, not request deletion of profile data or health data. The Operator reserves the right to continue using profile data and health data for the purposes stated in Section 3.

6. Copyright

The copyright in all content generated by the Operator shall be held exclusively by the Operator or any specifically mentioned legal title holders. Any reproduction of any elements of PainQuILT requires the prior written consent of the Operator.

7. Liability and Indemnification

The platform is NOT intended as a substitute for consulting a medical doctor. If you suffer pain, please consult a certified medical doctor.

Most of the content on the platform is not generated by the Operator, and the Operator does not perform any data control of the User Data. For this reason, the Operator does not warrant that the data is accurate, current, lawful and furthermore, the Operator does not warrant the validity of any summary reporting, analyses or statistics. The Operator also does not warrant that all Users will abide by the provisions of these TOS, in particular regarding the input of the content, will refrain from entering unlawful content or will create content in good faith. The liability of the Operator for damage, costs and futile expenses resulting from the content of the platform is herewith excluded. Any use of the content of the platform is at the User’s own risk.

Unfortunately, the transmission of data via the Internet cannot be completely guaranteed as secure. Even though the Operator takes suitable measures to protect the content of Users, the Operator does not guarantee that the data of the User are fully secure against unauthorized access and unauthorized use by third parties. Any input of content on the platform is at the User's own risk.

The Operator is not liable for the temporary non-availability of the platform, for the non-availability of individual functions, for malfunctions and for data theft and data losses.

The liability of the operator is excluded to the extent permitted by law.

If a User or third party asserts claims against the Operator for an infringement of their rights by a User due to content entered on one of the platform, the Operator may disclose the identity and the location of the User from whose user account the content was entered, and the User concerned undertakes to indemnify the Operator from all claims, damage and expenses (including court fees and legal costs).

8. Prohibited uses of platform

The following activities are specifically prohibited on the platform:

• violation of proprietary rights of third parties,
• disruption of the operation of the platform,
• infringement of applicable laws,
• infringement of the personality rights of other Users and third parties,
• the deliberate entry of inaccurate user data,
• the use of the platform for own commercial purposes
• use of the platform content for uses than those explicitly provided for,
• and any other form of abuse of the platform.

The Operator is entitled to take technical measures to ensure that illegal activities can be discovered, prevented and prosecuted.

Any breach of the prohibition of the above activities constitutes a serious violation of the TOS and entitles the Operator to exclude the User with immediate effect. The same applies also in the event of a (partial or comprehensive) contract of use for remuneration without giving rise to claims for compensation for the benefit of the User. Any further claims of the Operator, other Users or third parties remain reserved.

9. User Conduct

The User is obliged to keep the identification elements (user name and password) assigned to him by the Operator or modified by the User secret from third parties. Upon first choosing a password and at any later change of the password, the User shall ensure that the password is not readily apparent to third parties or easy to guess.

The User shall take the necessary measures to ensure that third parties are not able to use his account without authorization or gain access to it. In this regard, he shall take precautions in particular:

• by securing the access device with a password and the installation of a virus and spyware scanner,
• by deregistering from all platform, deleting the browser history and cookies after using one of the platform on access devices that may also be used by third parties (e.g. public internet locations).

The User is aware that every person who is in possession of their access data:

• may enter data in their name on the platform,
• may view their User Data already entered on the platform,
• will be deemed by the Operator to be authorized to act on behalf of the User concerned.

The User shall always be responsible for providing current and accurate personal data to the Operator. In particular, User shall provide an email address to which emails can be effectively transmitted and from which emails are retrieved at regular intervals. Moreover, User shall ensure that the emails of the Operator are not blocked and that there are no delivery obstacles due to spam filters, or that capacity restrictions prevent receipt of the emails.

The User is responsible for ensuring that he meets the technical requirements for accessing and using the platform.

10. Termination of Use

The use of the platform can be terminated at any time by the User and takes effect immediately. Notice of termination by the User shall be sent to the email user_request@painquilt.com or to a corresponding authorized third party (i.e. medical doctor).

In the case of inactivity of the User (in other words, if the User does not make use of the platform) for more than six months, the Operator may terminate the use by the User. However, in this case, the Operator shall notify (see Section 12) the User at least one month before termination of the fact that his use will be terminated in the event of continued inactivity.

The Operator is authorized to terminate the use in the event of an abuse of the platform by the User (see Section 9) without notice period and at any time and permanently exclude the User with immediate effect from further use of the platform. In such a case, the User will be informed by email, and he shall not be permitted to register again on the platform.

11. Notification by the Operator to the User

Notifications by the Operator to the User shall be made in one of the following formats and are thus deemed to have been validly transmitted:

• Placing of the information in an easily visible position on the platform, e.g. as part of the registration process or on the start screen after successful login.
• Via email to the email address provided by the User during registration (if required) or as amended at a later stage. A notice shall be deemed to have been validly transmitted even if the User has not yet read the email or has not received the email if he has provided an incorrect email address.

12. Platform Availability

The Operator always seeks to ensure that the platform is working and available. Foreseeable disruptions (e.g. necessary maintenance works on servers or similar works) will be communicated, if possible, in advance.

Malfunctions of the platform (even where they lead to a loss of data), irrespective of advance notification or not, do not give rise to any claims against the Operator or against third parties that provide contractual services on behalf of the Operator.