Skin Analytics LimitedTerms and Conditions of Business
1. Basis of Contract
- We are Skin Analytics Limited (we, our or us), a company registered in England under company number 07919560 and with our registered office at Salisbury House, Station Road, Cambridge, CB1 2LA.
- These terms and conditions (Terms) form the basis of the legal relationship between you and us under which we agree to provide you with an online monitoring service that tracks changes in the shape and colour composition of your moles (the Services).
- These Terms create the contract between us for the Services. They will become binding on you and us when we issue you with [a written acceptance (including by email)] of your order for the Services.
- YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF CLAUSES 8 AND 10 OF THESE TERMS.
2. Supply of Services
- The Services are comprised of:
- The website skin-analytics.com (Website); and
- The downloadable iPhone or Android smartphone application (App).
- The Services are provided to you as follows:
- You subscribe to the Website and receive a skin-analytics.com account;
- You upload your digital images to your account, either directly onto the Website via a browser or through your App (which is downloadable for free with a skin-analytics.com account);
- We run an automatic analysis of your uploaded images and notify you by email if a potential change in the shape and/or colour composition of your mole(s) is identified;
- You are advised to review your images before, if you consider it necessary, arranging an appointment with a medical professional.
- The Services are provided solely to you (Personal Services) or to you and immediate members of your family (Family Services) depending on the Fees paid.
3. Disclaimer of Services
- The Services are intended to complement, not substitute, your existing skin self-examination. The Services only monitor and flag potential changes in your mole(s) on the basis of the images provided to us by you. The Services do not constitute a medical device and do not provide any form of medical risk assessment, medical screening, diagnosis, cure or treatment.
- You should not rely in any way on the Services and any associated materials or information. Any reliance by you is at your own discretion and risk.
- You are responsible for ensuring images uploaded are of good quality. Failure to do so may result in the Services being less effectiv
- Our ability to provide the Services effectively may be compromised where you upload images containing raised lesions, where lesions are obscured by large amounts of hair or where there is not a reasonable level of contrast between the colour of a lesion and your normal skin tone.
- Where you receive an email notification of a potential change from us, you are advised to review your digital images on the basis that the technology we may use may have alerted you in error. If, following your own review of the images, you are still concerned, you should always visit an independent medical professional for advicThe Services are not a substitute for a visit to a medical professional, and you should not delay seeking medical advice or disregard medical advice you have received on the basis of the Services.
4. Disclaimer of Risk Questionnaire Profile
- Skin Analytics uses Emily’s risk assessment tool and the information provided in the tool has been written by Researcher’s, Physicians and other employees of the Victorian Melanoma Service (VMS). This material is in the public domain and is not subject to copyright restrictions. Therefore, no special permission is required to use it or reproduce it. However, any reproduced material should contain proper acknowledgement of the VMS as the originator and the VMS web site, www.victorianmelanomaservice.org as the source
- Emily’s risk assessment tool aims to give an estimation of an individual’s risk of developing melanoma over a 5 year period.
- This model does not predict mortality or the risk of spread of melanoma once diagnosed.
- The model is designed for use by doctors in the clinical setting to assist in the communication of risk to their patients. It is highly recommended that you discuss your personal risk factors and results of your risk assessment with your doctor.
5. Charges and Payment
- The fees for the Services are stated on the Home page of our Website (Fees). The Fees you will pay will be those stated at the time you subscribe to the Website for the Services or at the time your subscription automatically renews.
- The Fees will be payable in advance.
- Your subscription will be automatically renewed unless you cancel your subscription for the Services within seven working days of the end of the subscription perioThis can be done from within your skin-analytics.com account.
6. Consumer Rights
- In accepting these Terms, you agree to the performance of the contract beginning when you receive your skin-analytics.com account details, and consequently your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 is excepted under section 13 of those Regulations.
- Your first payment will not be taken from you until seven days after your payment details have been processed, during which time you will be entitled to cancel the contract using the option to cancel on your ‘Account’ page within your Skin Analytics account or by informing us in writing, by first-class post to our registered office or e-mail to email@example.com.
- We will use reasonable endeavours to perform the Services in all material respects. We reserve the right to make changes to the Services if required for technical or legal reasons, provided that such changes do not materially affect the Services.
- If changes are required which materially affect the Services, we will notify you promptly and you will have the ability to cancel the contract. If you so elect to cancel, we will provide you with a pro rata refund calculated on the basis of the outstanding term of the contract.
- You will co-operate with us in all matters relating to the Services, provide us with such information and materials as we may require to perform the Services.
Skin Analytics is committed to safeguarding your privacy. Contact us at firstname.lastname@example.org if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.
Table of Contents
- Definitions used in this Policy
- Data protection principles we follow
- What rights do you have regarding your Personal Data
- What Personal Data we gather about you
- How we use your Personal Data
- Who else has access to your Personal Data
- How we secure your data
- Information about cookies
- Contact information
Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Skin Analytics
Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Data Subject’s rights
The Data Subject has the following rights:
- Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
Data we gather
Information you have provided us with
This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We only collect this information when you expressly provide it to us in a contact form or similar.
Information automatically collected about you
Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.
How we use your Personal Data
We use your Personal Data in order to:
- provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
- enhance your customer experience;
- fulfill an obligation under law or contract;
We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
- to identify you;
- to communicate in response to your queries
- to provide you a service or to send/offer you a product;
- to communicate either for sales or invoicing;
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
- to send you personalised offers* (from us and/or our carefully selected partners);
- to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
- to conduct questionnaires concerning client satisfaction;
- to provide accurate well thought our answers to your queries
With your consent we Process your Personal Data for the following purposes:
- to send you newsletters and campaign offers;
- for other purposes we have asked your consent for;
We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to completely anonymise Personal Data gathered and to use any such anonymised data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than
We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:
- the link between purposes, context and nature of Personal Data is suitable for further Processing;
- the further Processing would not harm your interests and
- there would be appropriate safeguard for Processing.
We will inform you of any further Processing and purposes.
Who else can access your Personal Data
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. Data we share with partners is solely used to assist us to deliver information or a service that you have commissioned us for. We share your data with:
Our business partners:
- Vitality Health
- About Health
- NHS CCG’s
Connected third parties:
We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data (GDPR Compliant). We disclose your Personal Data to third parties or public officials only when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
How we secure your data
We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks. We have a Senior Information Risk Officer (SIRO) who regularly reviews our security to ensure we meet best practice requirements.
Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.
If you have an account with us, note that you have to keep your username and password secret.
We do not intend to collect or knowingly collect information from children. We do not target children with our services.
Cookies and other technologies we use
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
- Analytics cookies – these cookies are used to track the use and performance of our website and services
- Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.
Last modification was made May 16, 2019.
9. Use of your data
- By uploading your images to the Website and/or App, you explicitly consent to the images being processed for the purposes of the provision of the Services and to be used anonymously for the purposes of research and testing of the Services software. As such, your images may be reviewed by our employees or third-party consultants engaged by us.
- All third-party service providers mentioned in these Terms are subject to similar privacy obligations as are contained in these Terms.
- You grant us an transferable, sub-licensable, royalty-free, worldwide, perpetual license to use anonymously any of the images and data that you upload to the Website and/or App for the purposes of medical, clinical and commercial research.
- Following termination of the contract for Services, your Skin Analytics account will be suspended and remain dormant until such time as you may start using the Services again. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your images continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing of the Services software.
- If you elect to terminate the Services and permanently delete your account, we will retain your personal information and services for a period of 6 months, after which period they will be removed. You agree that this does not apply in the case of images that you have uploaded prior to termination, in respect of which you consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of the Services software
What Are Cookies
For more general information on cookies see the Wikipedia article on HTTP Cookies.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
Forms related cookies. When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Site preferences cookies. In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
Third Party Cookies
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.For more information on Google Analytics cookies, see the official Google Analytics page.
From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter and LinkedIn, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
However if you are still looking for more information then you can contact us through one of our preferred contact methods at: https://skin-analytics.com/contact-us/
11. Limitation of Liability
- Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
- The Services are not to be used for commercial or business purposes, and are for domestic personal use only. We shall therefore not be liable for any pure economic loss, loss of profits, loss of business, loss of revenue, loss of contract, loss or depletion of goodwill and/or business opportunity, loss of anticipated earnings or savings or like loss; wasted management, operational or other timWe shall not be liable for any unforeseeable special, indirect or consequential losses.
- Our total liability under or in connection with the contract (whether in contract, tort, breach of statutory duty, restitution or otherwise) in respect of all and any loss or damage howsoever caused shall in no circumstances exceed the Fees actually paid by you to which the loss relates.
- Except as set out in these Terms, all warranties, other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
- Either party may terminate this contract on 30 days’ notice using the option to cancel on your ‘Account’ page within your Skin Analytics account or in writing, [or immediately in the event that the other party participates in or is subject to any winding up, liquidation or other analogous event].
- Where you terminate the contract in accordance with clause 11(a), you will be entitled to a refund of the Fees on a pro rata basis, calculated by the reference to the unexpired portion of the subscription period remaining at the end of the 30 day notice period referred to in clause 11(a).
- If you give notice to terminate the contract within 30 days of the end of your subscription period, the contract will automatically terminate at the end of the subscription perioYou will not receive a refund and no new subscription period will commence during the period of a notice to cancel.
- When you terminate the contract, your account will be suspendeTo enable you to easily return to using the Services in the future, unless you tell us otherwise your personal information will lay dormant (subject to clause 8(d)) until such time as you may choose to enter into a new contract with us for Services. This will allow you to return to the service at any time, continuing to use your original account and historical datIf you wish for your account to be permanently deleted (subject to clause 8(e)), you will need to specify this when terminating by selecting the option to completely delete your account.
- Neither party shall be liable to the other for any failure to perform its obligations under these Terms where such performance is delayed or prohibited by events that are beyond its reasonable control.
- Neither party may assign its obligations under these Terms without the other’s consent.
- Any notice given under these Terms shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or e-mail.
- These Terms constitute the entire agreement between the parties. If part of these Terms is invalid, illegal or unenforceable, that provision or part-provision shall be deemed deleted, and the validity and enforceability of the other provisions of the contract shall not be affected.
- We have the right to revise and amend these terms and conditions from time to time
- Nothing in these Terms creates a partnership or joint venture of any kind between the parties.
- A person who is not a party to this contract shall not have any rights under or in connection with it.
- These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England.
- Clauses 8 and 9 shall survive termination of the contract between us.