Last modified: August 10, 2020.
DO NOT USE THE SITE, THE TRIAGE APP, OR THE SERVICES.
If you are a U.S. consumer or other non-HCP, you should not use the Triage App or Services at this time.
The Triage App and the Services do not diagnose whether an individual has a certain skin condition. They are investigative tools that assists you (the “User” as more fully defined in Sec. 3 below) in identifying certain potential types of skin conditions by comparing the pictures and information you provide (“User Content” as more fully defined in Sec. 4 below) to the data in the Triage clinical database. The accuracy of the Services will vary depending on, among other things, the quality of photos you submit, the accuracy of the information you provide, and the data contained in the Triage clinical database.
The Platform provides a list, sometimes called a “differential”, of specific skin conditions or diseases that you (or, if you are an HCP, your patient) may have based upon the Content submitted via the Triage App as compared to the large volume of data including, without limitation, photos of diagnosed conditions and associated de-identified information, in the Triage database.
Skin conditions are complex and difficult to analyze and not all factors that may affect a person’s risk are known or can be measured. The differential is not intended, and should not be interpreted, as providing medical advice, a professional diagnosis, a medical test, or a medical opinion, and should not be relied upon in any such regard. The Platform, and specifically the Services and the differential, are not a substitute for an in-person examination by an HCP or a medical test. Provision of the Services and/or the presentation of a differential does not establish a physician-patient relationship between you and Triage.
Before taking any action based upon the differential, you should consult a dermatologist or other HCP or, if you are an HCP, you should conduct an in-person examination of the patient and complete any indicated medical tests. Always consult your dermatologist or another qualified HCP before beginning any treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Platform or the results of the Services.
Triage may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend, or discontinue any aspect of the Platform including, without limitation: (i) changing the availability of, restricting access to, or imposing limits on any or all features or Services on, or links to, the Platform; (ii) adding, removing, or changing any fees or charges for use of the Platform or any features of the Platform; or (iii) removing, adding, modifying, or otherwise changing any Content or Services of the Platform. Triage reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Platform at any time without notice, but disclaims any duty to do so.
All information, data, text, software, images, videos, or other content that a User may post, submit, link to, or otherwise make available to, on, or through the Platform (“User Content”) is solely the responsibility of such User. All User Content that you provide through this Platform or in connection with any Services should be true, accurate, current, and complete and not be misleading. You should update your Account information promptly upon the occurrence of any change in such information.
In providing the Services, Triage relies upon the accuracy of the User Content you provide. Submission of any false, inaccurate, non-current, incomplete, or misleading information or your failure to update your Account information promptly upon the occurrence of any change in such information, can result in inaccurate information from the Services.
Triage has the right, but has no obligation, to review, vet, reject, or delete any User Content. Nothing on or provided to you in connection with the Platform (including any Service Offerings), should be taken as an endorsement by Triage of any User Content.
You grant Triage a royalty-free, world-wide, perpetual and irrevocable license to store, use, reproduce, modify, publish, display, communicate by telecommunication, translate and distribute any and all User Content that you submit to the Platform, for use in connection with the Platform. You represent that you have the right to submit the User Content and to grant this license.
You consent and agree to Triage using, storing, and/or disclosing any User Content provided by you in its sole discretion, in connection with the Triage clinical database that is used to compare the pictures and information provided by other users as part of the Platform’s investigative process for skin conditions.
From time to time, Triage is contacted by pharmaceutical companies that are conducting clinical trials or studies of treatments for specific skin conditions and are looking for individuals who may have those conditions and meet certain other criteria (e.g., age, gender, severity of condition, and geographic location) and who may be interested in participating in the trial or study. You consent to Triage contacting you if you meet the trial or study criteria to determine if you might be interested in becoming a participant and, if so, connecting you with the company organizing the trial or study.
You further consent and agree to Triage’s use or disclosure of any de-identified and/or aggregated information gathered by Triage through or relating to your use of the Platform for product and service development purposes and in connection with other Triage service offerings. In this regard, you expressly consent to Triage using such information, which may be shared among Triage and its affiliates, partners, suppliers, licensors, and clients in furtherance of the foregoing purposes.
Subject to any applicable law, any suggestions, feedback, or other communications (excluding any personal information) in relation to the Platform that are sent by you via this Platform or otherwise to Triage, whether solicited by Triage or otherwise, are on a non-confidential basis, and Triage may copy, reproduce, publish, modify, or otherwise use, including to commercially exploit, them in any way or for any purpose without any compensation to you or anyone else. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark right, patent right, unfair competition, moral rights, or implied contract) and you waive any such moral rights in whole in favour of Triage and its successors, assigns, and licensees as well as any right to receive any financial or other consideration in connection with such communication.
When using the Platform, you must follow and comply with all instructions or policies provided by Triage regarding use of the Platform. In pre-registering to use the Platform, you must provide true, accurate, current, and complete information.
Triage may assume that any use of your registered Account and/or communications received by Triage from your Account, was made by you unless Triage is notified promptly that it was not. You are entirely responsible for maintaining the confidentiality of information submitted to Triage, including password(s), and for any activity that occurs under your account as a result of a failure to maintain the security and confidentiality of such information. You may be held liable for any privacy or other claims asserted or damages incurred by any party, including Triage, resulting from use of your account.
You may not:
use this Platform for commercial purposes or activities, other than for investigative purposes in association with your Service Offerings as a Medical Professional, including the following activities:
use this Platform in any manner that may:
All of the Content including, without limitation, the Triage name and logo and the texts, graphics, user interfaces, icons, photographs, data, arrangements, code, words, titles, phrases, and overall design of this Platform are 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.
The Platform and its components are protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction, or modification of this Platform or the Content by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Platform and to prevent any unauthorized copying of any component of this Platform.
(a) Monitoring. Triage is not obliged to monitor, screen, police, or edit the use of the Platform including, without limitation, materials submitted to this Platform, although Triage reserves the right to do so in its sole discretion. Triage will respond as it considers appropriate, in its sole discretion, if Triage becomes aware of any inappropriate uses of the Platform including, without limitation, uses that constitute copyright infringement.
(b) Fees and Charges, Availability, Prices, Misprints, and Errors and Orders. You are responsible for paying all fees and charges associated with using this Platform, including any applicable taxes. All amounts appearing on this Platform are quoted in local currency amounts.
Triage reserves the right to change the prices, fees, and charges associated with this Platform and any products that may be made available through this Platform at any time and from time to time without any notice or any liability to you or any other person. Triage cannot guarantee that services advertised on this Platform will be available when requested by you. Triage also reserves the right at any time to reject, correct, cancel, or terminate any order. If you order Services for which the price was incorrectly displayed, please contact Triage as set out in the Contact Us section below. If you order goods or services that are not available, Triage will notify you by email. Triage reserves the right to limit quantities licensed or sold.
Triage provides the Platform 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 Platform 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.
TO THE FULLEST EXTENT PERMITTED BY LAW, TRIAGE AND ITS AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR REPRESENTATIVES (“TRIAGE REPRESENTATIVES”), DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS, OF USE, EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE AT LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION: (I) ANY IMPLIED WARRANTIES OF USE OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (II) THAT THIS PLATFORM WILL MEET YOUR NEEDS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR RELATED EQUIPMENT OR SOFTWARE; (III) THAT THE PLATFORM IS ACCURATE, RELIABLE, AUTHENTIC, CURRENT, OR COMPLETE; OR (IV) THAT THIS PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS, OR BE FREE OF ERRORS, BUGS, OR VIRUSES.
IN ADDITION, TRIAGE MAKES NO REPRESENTATION OR WARRANTY THAT THIS PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE AT ANY LOCATIONS OUTSIDE CANADA. ACCESSING AND USING THE PLATFORM FROM LOCATIONS WHERE DOING SO IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS PLATFORM FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
IF YOU USE THE PLATFORM FOR INVESTIGATIVE PURPOSES IN ASSOCIATION WITH PROVIDING ADVICE, ALL SUCH ACTIVITIES ARE AT YOUR OWN RISK. TRIAGE REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH ACTIVITIES AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH ACTIVITIES.
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.
(a) You are solely responsible for actions undertaken and User Communications transmitted in the course of your usage of this Platform, and you must comply with all laws and professional obligations that apply or may apply to your use of or activities on this Platform. Triage may investigate occurrences that may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. Triage reserves the right at all times to disclose any information (including your personal information, account information payment information, and materials submitted to the Platform) regarding your usage of this Platform (including any actual or perceived violations of applicable law) as Triage deems necessary or desirable to satisfy any law, regulation, or governmental request.
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, you agree to cooperate with Triage in the defense of such matter.
(b) Governing Law; Dispute Resolution. This Platform is controlled, operated, and administered by Triage from its offices within the Province of Ontario, Canada. By accessing this Platform, you agree that all matters relating to the access to, or use of, this Platform shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
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.
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: