The Terms of this User Agreement (this ""Agreement"") are entered into by and between Eolas Medical LTD (the ""Author"") and ""you,"" the user of this application, also known as ""MicroGuide"" (the ""App"").

Access to and use of the App is provided subject to the terms and conditions set forth herein. By accessing and/or using the App, you hereby agree to these terms and conditions.


THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING AND/OR ACCESSING THE App CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR TOTALLITY. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE App IMMEDIATELY AND DO NOT USE OR ACCESS THE App.


BY ACCESSING THIS App, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE.


INFORMATION DISCLAIMER

The data and all content (Information) set out in the App is not created by the Author or edited by the Author’s employees and, as a result, may not be attributed to the Author or the Author’s employees.

The Information contained in this App is created and published by specific third parties and reflects the internal processes and procedures of that particular third party.

Therefore, use of this App by any persons, including health professionals working within establishments not connected with the specific third party do so at their own risk, and the Author or the third party make no representations or guarantees as to the adequacy or completeness of any of the Information contained in this App, or the App's compatibility with any policies or procedures of other third parties, where this App is used by persons other than healthcare professionals directly employed by the specific third party.

The App is intended as a support tool for health professionals and is provided for reference only. It does not take into account the individual circumstances of a patient and may not contain all the information you require. It should therefore not be used as the sole basis for prescribing any drugs or for the care of any patient. Updates may be released periodically and it is up to you to ensure that you are using the most up to date version available.

Other than liability for death or personal liability arising out of negligence, the Author shall not be liable for any claims or losses arising from the use or misuse of the App, its contents and any omissions from its contents or otherwise.


THIRD PARTY LINKS DISCLAIMER

The App may, from time to time, contain links to third party web sites or content not created within the App. The Author or the specific third party that created Information within the App provides these links solely as a convenience to you and not as a guarantee, warranty, or recommendation.

The Author is not responsible for the content of linked web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk.


DISCLAIMER OF ALL WARRANTIES

The Information made available in the App is provided on an ""AS IS"" and ""AS AVAILABLE"" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Under no circumstances, as a result of your use of the App, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise.


RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The Author reserves any and all intellectual property rights in the App.


INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.


GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the App shall be governed by and construed in accordance with the laws of England, and you thereby agree to submit to the jurisdiction of courts in England. You further agree that any claims or causes of action arising out of or related to this Agreement and the App, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.


ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the App.


MODIFICATION

The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.


WAIVER

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.


PRIVACY POLICY

This privacy policy tells you how we look after your personal data when you use MicroGuide.

About us

Eolas Medical is a limited liability company incorporated in England and Wales with company number 396304870. whose registered office is at: 18 Ormeau Ave, Belfast BT2 8HS, UK

We collect, use and are responsible for certain personal information about you. When we do so we are regulated under the Data Protection Act 2018, the UK General Data Protection Regulation and the need to uphold the common law duty of confidentiality.

We have appointed a Head of Information Governance who is the Data Protection Officer responsible for overseeing questions in relation to this privacy notice.

Contact details

Name or title of data privacy manager: Data Protection Officer

Email address: dpo@eolasmedical.com

Postal address: 18 Ormeau Ave, Belfast BT2 8HS


The purposes of processing

The purpose of MicroGuide is to provide knowledge support to clinicians and their teams. The App gives access to the published guidance from any Medical Organisation that subscribes to our service.

Output iOS/Android; when edits are published they are automatically updated on both the apps and web version and are consumed by Clinicians who use the guidance of their hospital.


What we collect

When you download the app we collect your:

  • Profession
  • Practice
  • Grade
  • Organisation

The lawful basis of processing

The data protection lawful basis for us to process the personal data we collect when you download the app is UK GDPR Article 6(1)(a) in that you have provided it to us with your consent.

If your Medical Organisation has provided us with your name and email address as a content editor, the data protection lawful basis for us to process is UK GDPR Article 6(1)(b) in that the Medical Organisation and Eolas Medical have entered into a contract for the provision of this product. There is no special category data collected on staff.


The recipients or categories of recipients of the personal data

There are a number of Eolas Medical subcontractors who are part of Provider Medical Organisation (DC-DP) contract and must conform to the same information governance rules as Eolas Medical does through separate specific contracts (DP-DP) with Eolas Medical. Eolas Medical have used or are using the following sub-contractors who access personal data under contract to Eolas Medical:

  • Email services
  • Support function service
  • Data hosting services
  • Customer Relationship Management software tools
  • Customer marketing software tools
  • Financial Accounting software
  • Analytics software tools
  • Team collaboration software tools
  • Product delivery software tools

The details of transfers of the personal data to any third countries or international organisations

Eolas Medical does not currently use any international sub-contractor that can process personal or special category data outside of the European Union.


The retention periods for the personal data

We retain the data that we collect when you download the app until you unsubscribe and uninstall the app.

The rights available to individuals in respect of the processing

To stop Eolas Medical processing your information when you have subscribed to one of our services simply unsubscribe and processing will stop from that date. You can also let us know by emailing microguide@horizonsp.co.uk.

For any other queries or concerns about Eolas Medical’s processing of your personal data please contact our Data Protection Officer at dpo@eolasmedical.com


The right to lodge a complaint with a supervisory authority

You also have the right to lodge a complaint with a supervisory authority about the processing of your personal data. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us, or the relevant data controller where we are acting as a data processor, in the first instance.