Last modified: April 21, 2020.
The Triage App has not been approved by the U.S. Food and Drug Administration, and is classified as a Class I medical device in Canada. Triage is making the Triage App available FOR INVESTIGATIVE USE ONLY by HCPs, including (1) non-clinical evaluation and (2) Trials involving the Triage App pursuant to a Clinical Trial Agreement and applicable governmental authorizations, including under U.S 21 C.F.R. Part 812. The Triage App is not available at this time for use by members of the general public. THE PERFORMANCE CHARACTERISTICS OF THE TRIAGE APP HAVE NOT BEEN ESTABLISHED.
The Triage App is a support tool for use by HCPs to inform clinical/patient management. It is not intended to definitively diagnose or direct the treatment of medical condition or disease (including, without limitation, skin conditions or diseases), and it is not intended to be used as the sole or primary basis for a clinical patient diagnosis.
The contents of the Triage App (the “Content”) including, without limitation, text, graphics, images, and information provided by the Triage App, are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, and treatment. Triage does not recommend or endorse any specific product, services, or HCPs.
Individuals should always seek the advice of a physician or other qualified HCP with any questions they may have regarding medical conditions or symptoms. Individuals should never disregard professional medical advice or delay in seeking it because of something they may have heard or read about the Triage App. Reliance on any information provided by the Triage App including, without limitation, information provided by Triage, Triage employees, or other representatives of Triage appearing on the App, is solely at any user’s own risk. If an individual believes they may have a medical emergency, he or she should call their physician or 911 immediately.
All of the Content including, without limitation, the text, graphics, user interfaces, logos, icons, photographs, data, arrangements, code, and overall design of the Triage App, is the exclusive property of and owned by Triage, its licensors, or its content providers and is protected by patents (pending), copyrights, trademarks, services marks, trade secrets, and other proprietary rights and laws.
In using the Triage App, an HCP may not:
When using the Triage App, an HCP must follow and comply with all instructions or policies provided by Triage regarding use of the App. In pre-registering to use the App, the HCP must disclose true, accurate, current, and complete information.
Triage may assume that any use of an HCP’s registered account and/or communications received by Triage from the HCP’s account, was made by the HCP unless Triage is notified promptly that it was not. The HCP is entirely responsible for maintaining the confidentiality of information submitted to Triage, including password(s), and for any activity that occurs under the HCP’s account as a result of failure to maintain the security and confidentiality of such information. An HCP may be held liable for any privacy or other claims asserted or damages incurred by any party, including Triage, resulting from use of his/her/its account.
An HCP may not, nor may they permit any person to, modify, reverse engineer, disassemble, decompile or otherwise derive or attempt to derive source code from the Triage App. An HCP may not combine any aspect of the App into another program or create or attempt to create derivative works based on the App. An HCP may not copy, modify, distribute, sell, or lease any component of the App without Triage’s written authorization.
Triage is constantly changing and improving the Triage App. We may add, remove, or change features or functionalities of the App, and we may suspend or stop providing the App at any time in our sole discretion.
Triage provides the Triage App using a reasonable level of skill and care, but we do not make any representations or promises regarding the accuracy, completeness, or adequacy of the Content or other information received from the App or the features and functionalities of the App. The Triage App is provided on an “as-is” and “as-available” basis.
TRIAGE DOES NOT WARRANT THAT THE TRIAGE APP OR ANY INFORMATION THAT MAY BE RECEIVED FROM THE APP IS OR BE FREE OF VIRUSES, DESTRUCTIVE FEATURES, DEFECTS, OR ERRORS. IT IS AN HCP’S RESPONSIBILITY TO ENSURE THAT WHATEVER INFORMATION IS RECEIVED FROM THE APP IS FREE OF ITEMS SUCH AS VIRUSES, TROJAN HORSES, OR OTHER ITEMS OF A DESTRUCTIVE NATURE. WITHOUT LIMITING THE FOREGOING, TRIAGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE TRIAGE APP.
YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE TRIAGE APP MAY NOT BE SECURE AND MAY BE INTERRUPTED OR INTERCEPTED BY UNAUTHORIZED PARTIES.
SOME JURISDICTIONS PROVIDE THAT UNLESS DISCLAIMED, CERTAIN WARRANTIES ARE LEGALLY IMPLIED, AMONG THEM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR A COURSE OF DEALING. TO THE EXTENT PERMITTED BY LAW, TRIAGE DISCLAIMS AND EXCLUDES ALL SUCH EXPRESS, IMPLIED, OR STATUTORY WARRANTIES.
THE SOLE REMEDY AGAINST TRIAGE FOR DISSATISFACTION WITH THE TRIAGE APP IS TO STOP USING THE APP.
TRIAGE MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, FOR CLAIMS FOR PERSONAL INJURY/WRONGFUL DEATH CAUSED BY USE OR MISUSE OF THE TRIAGE APP OR THE CONTENT, OR FOR LOST PROFITS RESULTING FROM DELAYED OR LOST DATA OR OTHER INTERRUPTION OF BUSINESS, ARISING FROM OR RELATED TO USE OR OPERATION OF THE TRIAGE APP, OR FROM ANY ACTIONS WE MAY TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS AN HCP SENDS TO US. THIS LIMITATION APPLIES IRRESPECTIVE OF THE BASIS OF LIABILITY (i.e., WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE). IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON LIABILITY, THIS EXCLUSION OR LIMITATION ON LIABILITY WILL BE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ALL CASES, TRIAGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORSEEABLE BY US.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TRIAGE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO USE OF THE TRIAGE APP, INCLUDING FOR ANY IMPLIED WARRANTIES THAT MAY BE LEGALLY ENFORCEABLE, SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID US FOR USE THE TRIAGE APP, OR $1,000, WHICHEVER IS LESS.
WE MUST BE NOTIFIED OF ANY CLAIMS ARISING FROM OR OTHERWISE RELATING TO USE OF THE TRIAGE APP WITHIN ONE YEAR AFTER THE EVENT GIVING RISE TO SUCH A CLAIM OCCURRED, EVEN IF THE BASIS FOR SUCH ACTION WAS NOT KNOWN OR DISCOVERED DURING SUCH ONE-YEAR PERIOD.
Triage reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in that event, the HCP agrees to cooperate with Triage in the defense of such matter.
The arbitrator shall only have authority to award direct damages as measured by the prevailing party’s actual damages, and shall have no authority to award indirect, punitive, incidental, special, or consequential damages including, without limitation, claims for lost profits.
For the purpose of enforcement of an arbitration award, any HCP that accesses or used the Triage App agrees to the personal jurisdiction of and venue in the federal and provincial/state courts in Toronto, Ontario or in Washington, D.C., as appropriate, and waives any objections to such jurisdiction or venue.
Last modified: June 12, 2020.
Triage Technologies, Inc. and its affiliates (collectively, “Triage”, “we”, or “us”) recognize the importance of privacy. The purpose of this privacy statement (“Privacy Statement”) is to inform you about our privacy practices, including how we collect, use and disclose your Personal Information. This Privacy Statement applies to your use of the Triage website located at: www.triage.com (the “Site”), and all services provided by us in connection with the Site including, without limitation, the Triage mobile and web app (the “Triage App”, collectively with the Site, the “Services”).
This Privacy Statement may be updated periodically and without prior notice to you to reflect changes in our information practices. The date first written above will indicate this Privacy Statement’s effective date and when it was most recently updated. Please review this Privacy Statement carefully. By submitting your Personal Information to us, by registering for or using any of the Services, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your Personal Information as set out in this Privacy Statement, as revised from time to time.
“Personal Information” means information about an identifiable individual. This information may include, but is not limited to, your name, e-mail address, and telephone number.
According to applicable Canadian laws, Personal Information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as your name, position name or title, work address, work telephone number, work fax number or work electronic address.
Personal Information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.
We collect, use and disclose your Personal Information with your consent or as permitted or required by law. How we obtain your consent (i.e. the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the Personal Information in question. If you choose to provide Personal Information to us, we assume that you consent to the collection, use and disclosure of your Personal Information as outlined in this Privacy Statement.
If you wish to withdraw your consent to our collection, use or disclosure of your Personal Information, please contact us using the contact information in the “Contact Information” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.
If you provide Personal Information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this Privacy Statement.
We may gather the following types of Personal Information through our Services:
For individuals who use the Triage App and any related services, we may collect information from you or from your use of the Triage App. This may include:
For individuals who visit the Site, we may collect information from you or from your activities on the Site including through the following means:
Examples of cookies we use include:
Most browsers are designed to accept cookies, but they can be modified to block cookies. See your browser’s help files for more information. You should note, however, that without cookies some of the Site’s functions may not be available.
If you would like more information about this practice and to know your choices about not having your information used by these companies, you can visit www.allaboutcookies.org.
For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who would like more information about our products or services, who sign-up to receive newsletters or other communications, or who respond to surveys and questionnaires, we may collect Personal Information that you provide to us during these interactions. This Personal Information may include your name, e-mail address, and other contact information.
We may use your Personal Information and other information for purposes such as:
We may use your Personal Information and other information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.
We do not use the Personal Information we collect to provide advertising of third party products and services or targeted advertising of Triage products and services across third party websites or service offerings.
We rely on third party services providers to perform a variety of services on our behalf, such as e-commerce providers, payment card processers, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers.
If we provide your Personal Information to service providers, then we require that the service providers keep your Personal Information secure, and only handle it for the limited purposes for which it is provided. We do not authorize the service providers to disclose your Personal Information to unauthorized parties or to use your Personal Information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “Contact Information” section below.
Additionally, we may use and disclose your Personal Information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our Services; (e) to protect our rights, operations or property; and (f) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your Personal Information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.
If we otherwise intend to disclose your Personal Information to a third party, we will identify that third party and the purpose for the disclosure, and obtain your consent.
We restrict access to Personal Information to Triage personnel and other parties who assist us in providing the Services and/or conducting our normal business operations and who have agreed to maintain the confidentiality of the information and not to use it except in connection with the Services. We will retain your Personal Information only for as long as necessary to fulfill the purposes for which that Personal Information was collected and as otherwise permitted or required by law.
While no party that maintains a website can guarantee security, Triage does utilize administrative, technical, and physical safeguards, consistent with applicable laws, with a view to maintaining the integrity of our systems and protecting the Personal Information that we have collected. These safeguards include, encrypting all Personal Information that is stored by us. We periodically review and update our collection, processing, and storage practices with respect to Personal Information, including physical security measures, and implement any changes necessary to guard against unauthorized access, disclosure, or use to your Personal Information.
If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “Contact Information” section below.
We expect you, from time to time, to supply us with updates to your Personal Information, when required. We will not routinely update your Personal Information, unless such a process is necessary.
You may make a written request to review any Personal Information about you that we have collected, used or disclosed, and we will provide you with any such Personal Information to the extent required by law. You may also challenge the accuracy or completeness of your Personal Information in our records. If you successfully demonstrate that your Personal Information in our records is inaccurate or incomplete, we will amend the Personal Information as required.
Under the GDPR, you may be entitled to additional rights, including: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to unlawful data processing, under certain conditions; (iv) the right to erasure of personal information about you, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right to object to decisions taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with data protection authorities.
We may require that you provide sufficient identification to fulfill your request to access or correct your Personal Information. Any such identifying information will be used only for this purpose.
This Privacy Statement applies only to our products and services. This Privacy Statement does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third party privacy policies prior to using third party websites or products or services.
Except in very rare circumstances, COPPA does not apply to Triage’s Services.
Triage’s websites and Services are not directed to children under 13 years old and cannot be used by persons younger than 18 years old without Triage’s prior written permission (limited to cases where the person submitting the request is an emancipated minor or otherwise could legally consent to the collection, use, storage, and/or disclosure of PHI by Triage).
If you have a question regarding this Privacy Statement, please contact the Triage Privacy Officer as follows: