GetHealth Limited ("GetHealth", "gethealthapp.com," "we," or "us") provides an online and mobile health management product (“Services”), which encourages users to check-in to their daily health achievements through native mobile applications available in the iOS and Android application stores. The services have been formed primarily but not exclusively as an online solution to the corporate wellness industry as a tool to track and boost engagement in health and wellness. Please read the following important Terms and Conditions (“Terms of Service”) carefully.
TERMS OF SERVICE FOR BETA LAUNCH
TERMS OF SERVICE
GetHealth will provide its users with a native application for iOS and Android which allows users to check-in and earn points for their daily health achievements. During the beta, users will automatically be included in their company’s overall GetHealth leaderboard. The level of engagement each user has with the application can be seen by all other users who are using GetHealth within that user’s company. You will receive some notifications from GetHealth during the beta either through SMS or email (chosen at the discretion of the user). The frequency of these notifications can be set at your discretion. GetHealth aims to be a useful aid for helping you to improve your health and should not be treated as a definitive resource for improving health.
GetHealth, its servants or agents, will hold but will not pass any of your personal details onto any third party in a direct form, but retains the right to send overall group demographic information including a breakdown of usage data to relevant administrators within an organization. No user data passed on to organization administrators will show specific user names, emails, dates of birth and how that relates to any users’ level of engagement with the GetHealth service. All user information is stored in our databases to secure your privacy from unauthorized users pursuant to current data protection laws. However you are solely responsible for your own User-Provided Data and the consequences of posting or publishing them. You understand that GetHealth cannot guarantee total confidentiality with respect to User-Provided Data, but GetHealth will use commercially reasonable efforts to ensure the security and confidentiality of electronic mail and other messages which you access through GetHealth. While GetHealth provides users with a useful health management tool, your use of the Service is at your own sole risk. Technical support is only provided to account holders and is only available via email to the registered email account nominated by the user upon registration. GetHealth endeavors to deal with any such queries within a reasonable amount of time. You may not modify, adapt or hack the Service or attempt to do so or modify another website so as to falsely imply that it is associated with the Services. Such representation or unauthorized use will be deemed actionable by law. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written permission from GetHealth. The technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices but any such changes will be in full compliance with data protection law. You may not upload, post, host, or transmit unsolicited email, push notifications or “spam” messages through or in connection to the service. You may not transmit any worms or viruses or any code of a destructive nature or denial of service, allow or permit same to be transmitted. GetHealth, it’s servants or agents does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the information that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected, instead it will be on best business endeavor.
IN NO EVENT WILL GETHEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF PROFITS, DAMAGE TO HEALTH OR SOCIAL SITUATION, GOODWILL, OR OTHER INTANGIBLE LOSSES OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF GETHEALTH’S, SERVICES, CONTENT AND USER-PROVIDED DATA WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GETHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In accepting these terms, You agree to defend, indemnify, and hold GetHealth, its officers, directors, employees and agents, harmless from and against any third party claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User- Provided Data; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
If you wish to cancel your account during this beta, you must email hello@GetHealthapp.com informing GetHealth of your request for termination. Once you terminate your account, it will no longer be accessible, however GetHealth holds the right to hold your information for the lifetime of the service, as per Irish regulatory requirements. Any termination request will be handled within 7 days of receipt by GetHealth. Any suspension or termination will not affect your obligations to GetHealth under these Terms of Service (including but not limited to rights to User-Provided Data, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. GetHealth reserves the right to immediately terminate or suspend your access to the Site and Services and remove any material from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services, or your access thereto at any time and for any justifiable reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. GetHealth will not be liable to you or any third party for termination of the Services or termination of your use of the Services, in whole or part. FOLLOWING ANY TERMINATION OR SUSPENSION, THE INFORMATION THAT YOU HAVE SUBMITTED ON GETHEALTH, INCLUDING USER-PROVIDED DATA, WILL NO LONGER BE ACCESSIBLE TO YOU. Furthermore, GetHealth will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Certain types of content are made available on GetHealth. As used in these Terms of Service, "Content" means the text, data, graphics, video, images, and other content made available through the Site, excluding User-Provided Data. As used here, "User-Provided Data" means the text, data, graphics, video, images, and other content and information, not derived from the Site or Service, that Users (as defined below) cause to be submitted to the Site, including electronic mail messages sent or received through the Service. GetHealth reserves the right to remove and permanently delete any Content or User-Provided Data from the Site without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any Content, User-Provided Data, or other materials that are believed to violate these Terms of Service.
GetHealth may provide links to third party websites or resources from the Site. You acknowledge and agree that GetHealth is not responsible or liable for the availability or accuracy of, and GetHealth does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. In order to access certain features of GetHealth and Services, you must create a GetHealth account and become a "User". To become a User you must be at least 13 years of age. If you are under 13, do not attempt to register to use our Services. In accepting these terms you thereby agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current, and complete. If you become a User you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password, and you agree not to disclose your password to any third party, either directly or by allowing a browser on a shared computer to update your password, thereby passing password protection. You agree that you will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify GetHealth of any unauthorized use of your account. GetHealth and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treatises and regulations in connection with your use of the Site and Services and any breach or suspected breach of the said laws shall render your user agreement invalid with immediate effect until and unless the contrary can be shown by the user. These Terms of Service shall be governed by the laws of the Republic of Ireland, without respect to its conflict of laws principles. Any claim or dispute between you and GetHealth that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in the Republic of Ireland. These Terms of Service shall constitute the entire agreement between you and GetHealth concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GetHealth's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement
PURPOSE OF THE POLICY OF GETHEALTH
PRINCIPLES OF THE ACTS AND POLICY OF GETHEALTH
GetHealth will keep data for purposes that are specific, lawful and clearly stated and the data will only be processed in a manner compatible with these purposes. GetHealth will only disclose personal data that is necessary for the purpose(s) or compatible with the purpose(s) for which it collects and keeps the data. GetHealth will take appropriate security measures against unauthorized access to, or alteration, disclosure or destruction of, the data and against their accidental loss or destruction Security measures will include stringent controls, passwords, encryption, access and backup controls of computerized data. Personal data backups will be held securely and access will be limited to authorized persons only in accordance with domestic and EU data protection laws. GetHealth will have procedures which are sufficient to ensure high levels of data accuracy. GetHealth will have put in place appropriate procedures to assist staff in keeping data up-to-date. GetHealth will also carry out periodic reviews and audits to ensure data is accurate, complete and up-to-date. Personal data held by GetHealth will be adequate, relevant and not excessive in relation to the purpose(s) for which it is kept. GetHealth will decide on specific criteria by which to decide what is adequate, relevant and not excessive and apply those criteria to each information item and the purposes for which it is held.
RETAIN DATA FOR NO LONGER THAN IS NECESSARY FOR THE PURPOSE OR PURPOSES
GetHealth will not retain user records for any longer than 6 months after termination of service, but may be required to hold it as long as any future legal situation may dictate it be held.
If a user’s account remains inactive for a period of over 6 months, it can be terminated and deleted without contacting the user. However, GetHealth will endeavor to contact you, if no response is received with 21 days of the final attempt; GetHealth reserves the right to terminate the user account.
GIVE A COPY OF HIS/HER PERSONAL DATA TO THAT INDIVIDUAL ON REQUEST
GetHealth will have procedures in place to ensure that data subjects can exercise their rights under Irish Data Protection legislation. A data subject is entitled to the following on written application within forty days:
The right of access may be restricted where the data is: required for the purpose of preventing, detecting or investigating offences, apprehending or prosecuting offenders, or assessing monies due to the State; subject to legal professional privilege; kept only for statistical or research purposes and the results are not made available in a way that identifies data subjects; back-up data.
DISCLOSING PERSONAL DATA
Personal data should only be disclosed in ways that are necessary or compatible with the purpose for which the data is kept. Special attention should be paid to the protection of sensitive personal data, the disclosure of which would normally require explicitly consent.
All employees of GetHealth must be satisfied of the need to disclose. Personal data should not be disclosed outside of the EEA unless written consent has been obtained, unless the disclosure is required for the performance of a contract, to which the data subject is a party, or unless disclosure is necessary for the purpose of any legal proceedings.
PERMITTED DISCLOSURES OF PERSONAL DATA
The Act provides for disclosures where data is:
GetHealth has overall responsibility for ensuring compliance with the Data Protection legislation. However, all employees of GetHealth who collect and/or control the contents and use of personal data are also responsible for compliance with the Data Protection legislation. GetHealth will provide support, assistance, advice and training to all employees to ensure it is in a position to comply with legislation.
This Policy will be reviewed regularly in light of any legislative or other relevant indicators.
The information within the mobile applications and on the website has been supplied by the GetHealth Team. Although we have made every effort to ensure the information provided is accurate and up to date, the information contained in this website is not intended and must not be taken to be the provision or practice of medical advice or services nor a substitute for medical advice, diagnosis or treatment. This data is treated as sensitive data under the Data Protection Acts and the Data Protection Commissioner's website gives guidance on this. If you have any questions or concerns about your health or would like more information, contact your GP, doctor or other qualified health professional.