Welcome to Coromec (also referred to as the “Registry”), a real time epidemiology platform provided by Aventyn, Inc.
You and Aventyn are together referred to as the “Parties.”
1.1 Aventyn reserves the right to modify this User Agreement without further notice and your continued use of the Registry thereafter means that you accept those changes. If you wish no longer to be a part of this User Agreement, you must end the session and/or delete your account. The up-to-date version is always available on our website.
1.3. If you do not follow the terms set out in this User Agreement, Aventyn may cancel your account.
1.4. Aventyn may stop (permanently or temporarily) providing the Registry (or any features within the Registry) to you at Aventyn’s sole discretion, without prior notice to you.
2.1. This User Agreement grants you the right to use the Registry to sign up for clinical services, research studies, trials and professional events organized by the organizers (“Organizer”). As such these services are the sole responsibility of the organizers, and Aventyn only provides the means for you and the Registry entries to contact each other, Aventyn is not liable for anything that concerns the professional services.
2.2. Subject to the terms and conditions of this User Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sub licensable, non-assignable and non-transferable license (“License”) to download, install and use the Registry in accordance with this User Agreement on a mobile telephone, tablet, computer or other device (each, a “Device”) that you own or control.
2.3. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Registry; (ii) reverse engineer, decompile, dissemble, or otherwise attempt to derive the source code for the platform; (iii) copy (except for back-up purposes), modify, adapt, alter, improve or create derivative works of the software or any part thereof; (iv) use the Aventyn’s name, Coromec logo or trademarks in any other context except for using the Registry without our prior written consent; (v) use the Registry or software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this User Agreement; and/or engage in any activity that interferes with or disrupts the Registry.
3.1. In order to use some of the Registry you may have to create or use an account (an “Account”). During registration you will be asked to choose a password.
3.2. When creating an account, you agree that you will only use your full, real name voluntarily. You can create account only for yourself, and using Aventyn on another person’s behalf is strictly prohibited. Since Aventyn is intended for professional uses only, remember to act professionally when using it, and only use it for professional purposes. Users are not allowed to distribute any illegal material including but not limited to drugs, pornography, weaponry or terrorism.
3.3. If you create an Account, you must provide accurate and complete information about yourself within the registration guidelines. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You acknowledge and agree that you are solely responsible for the safe usage, maintenance and confidentiality of the password that you use to log in to the Registry. You must notify us immediately of any unauthorized use of your Account by emailing us at firstname.lastname@example.org. If there is any reason for us to assume that unauthorized third parties are using the Registry or user informs us from such a use, the account is immediately suspended.
3.4. You acknowledge and agree that the information you provide in the course of creating an account, joining a study community or registering for a clinical services or other kind of use of the Registry may be provided to and maintained by the Sponsor, whether or not you complete the registration process, and may be used by the Sponsor in connection with the registry or future services or other products and Registry’s.
4. Location Data
5. Third Party Sources
5.1. The Registry may also enable you to view, access, communicate and interact with third party sources (“Third Party Source(s)”) meaning third party websites and Registry’s.
5.2. We do not assume any responsibility for the content, actions or practices of, any Third Party Sources. Your interaction with a Third Party Source and your use of, and reliance upon, any content provided by Third Party Sources is at your sole discretion and risk.
5.3. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Aventyn, and release Aventyn from any and all liability, arising from your use of and interaction with any Third Party Source.
6. User Content
6.1. The Registry may permit the hosting, sharing, posting and publishing of content by you and other users (“User Content”). Your User Content may be posted to the Registry, or otherwise be made publicly available. You shall be solely responsible for your User Content and the consequences of posting or publishing them. We have complete discretion whether to publish your User Content and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Content at any time and for any reason. We do not guarantee any confidentiality with respect to any User Content.
6.2. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Content, and to enable inclusion and use thereof as contemplated by this User Agreement. You retain all of your ownership rights in your User Content.
6.4. You understand and acknowledge that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Content; and you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to such User Content.
6.5. We reserve the right to access, read, preserve and disclose any User Content or any other information that we obtain in connection with the Registry as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this User Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; or (iv) respond to your user support requests;
6.6. You agree that you will not send, display, post, submit, publish or transmit a User Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (iii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (iv) breaches this User Agreement .
7. Intellectual Property Rights
7.1. You acknowledge that Aventyn and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Registry (and its related software). We reserve all rights not expressly granted herein to the Registry. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, Registry marks, trademarks, know-how or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
8.1. Currently you have the right to use the Registry for free. However, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Registry unless you first agree to such charges.
8.2. Possible payment information and payment methods will be specified and presented through the Registry.
10. Warranty Disclaimers
10.1. THE REGISTRY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10.2. WE DO NOT WARRANT THAT THE REGISTRY WILL OPERATE ERROR-FREE, THAT THE REGISTRY IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE REGISTRY. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
10.3. IF YOU HAVE A DISPUTE WITH ANY OTHER REGISTRY USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
10.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
11. Limitation of Liability
11.1. UNDER NO CIRCUMSTANCES SHALL AVENTYN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR REGISTRYS, THAT ARISES UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE REGISTRY EVEN IF AVENTYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. IN ANY EVENT, AVENTYN’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE REGISTRY, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO AVENTYN FOR USING THE REGISTRY (NOT INCLUDING ANY FEES PAID FOR TRANSACTIONS) WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
11.3. FURTHERMORE, AVENTYN IS NOT LIABLE FOR ISSUES RELATING TO CONSUMER PROTECTION ACT (38/1978). SUCH MATTERS ARE SOLELY THE RESPONSIBILITY OF THE SPONSOR OF THE PROFESSIONAL SERVICE IN QUESTION. YOU AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE REGISTRY AND YOUR PERFORMANCE UNDER THIS AGREEMENT.
12.1. You agree to defend, indemnify and hold harmless Aventyn and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Registry, including but not limited to your User Content; (ii) your violation of this User Agreement ; and (iii) your violation of any third party right, including without limitation any Intellectual Property Right or privacy right.
13. Term and Termination
13.1. This User Agreement is effective until terminated by us or by you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Registry; and/or (ii) terminate this User Agreement and your use of the Registry with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this User Agreement or any subsequent modifications thereto, or become dissatisfied with the Registry in any way, your only recourse is to immediately discontinue use of the Registry.
13.2. Upon termination of this User Agreement, you shall cease all use of the Registry. This Section 13.2 and Sections 7 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 15 (Governing Law and Disputes) and 16 (Miscellaneous) shall survive termination of this User Agreement.
14.1. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Aventyn without restriction or notification.
15. Governing Law and Disputes
15.1. This User Agreement shall be governed by and construed in accordance with the laws of USA, without regard to its conflict of laws rules.
15.2. In the event of any dispute arising out of this User Agreement or the breach thereof, the Parties shall use their best endeavors to settle such disputes. If the Parties do not reach such solution within a period of sixty (60) days, you agree to submit to the exclusive jurisdiction of the courts located in the city of San Diego, California to resolve any legal matter arising from this Agreement.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
16.1. This User Agreement, and any other legal notices published by us in connection with the Registry shall constitute the entire agreement between you and Aventyn concerning the Registry. In the event of a conflict between this User Agreement and any of the foregoing, the terms of this User Agreement shall prevail.
16.2. No amendment to this User Agreement shall be binding unless in writing and signed by Aventyn.
16.3. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect.
16.4. No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.
16.5. You agree that any cause of action that you may have arising out of or related to this User Agreement must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
17. Usages Rules
17.1. If you are downloading the software from a third party mobile device platform or Registry provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the software and the Registry (“Usage Rules.”). We specifically refer to the Usage Rules of certain Distributors in the section 18 below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the software has been downloaded from.
17.2. You acknowledge that, prior to downloading the Coromec mobile app, creating an account and accessing the Registry from a Distributor or using the Registry, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the software and the Registry are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Registry; if you are unable to make such a representation you are prohibited from installing and/or using the Registry. You agree that any right to refund under the Usage Rules shall not apply to Fees you pay for the Registry under Section 8.
18. Distributor Requirements and Usage Rules
18.1. If you download the Coromec mobile app from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS app) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
You acknowledge and agree that:
1. this Agreement is concluded between Aventyn and you only, and not with Apple, and Aventyn and its licensors, and not Apple, is solely responsible for the software and the content thereof.
2. your use of the Registry is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Registry, effective as of the date that you enter into this Agreement.
3. the License granted herein is limited to a non-transferable right to use the Registry on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. Aventyn is solely responsible for providing any maintenance and support Registry’s with respect to the Registry, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support Registry’s with respect to the Registry;
5. Aventyn is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Registry to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the Registry to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Registry, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Aventyn’s sole responsibility;
6. Aventyn, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the Registry or your possession and/or use of the Registry;
7. in the event of any third party claim that the Registry or your possession and use of the Registry infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
18.2 You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Name: Aventyn, Inc.
Address: 300 Carlsbad Village Drive, Suite 108A Carlsbad CA 92008 USA
2) PERSON IN CHARGE OF DATA FILES
Name: Puja Chandler
Contact details: email@example.com
3) THE CATEGORIES OF DATA SUBJECTS
4) THE CATEGORIES OF PERSONAL DATA
The data files concerning the data subjects of Sections 3.1) – 3.4) may contain the following categories of personal data:
The data files concerning the data subjects of Section 3.1) may also contain the following categories of personal data:
The data files concerning the data subjects of Section 3.2) may also contain the following categories of personal data:
The data files concerning the data subjects of Section 3.3) may also contain the following categories of personal data:
The data files concerning the data subjects of Section 3.4) may also contain the following categories of personal data:
5) PURPOSE OF THE PROCESSING OF PERSONAL DATA
Personal data of the data subjects of Sections 3.1) – 3.4) can be handled for the following purposes:
Personal data of the data subjects of Section 3.1) can also be handled for the following purposes:
Personal data of the data subjects of Section 3.2) can also be handled for the following purposes:
Personal data of the data subjects of Section 3.3) can also be handled for the following purposes:
Personal data of the data subjects of Section 3.4) can also be handled for the following purposes:
Personal data can also be processed by other Aventyn, Inc.’s affiliate companies, if any, in accordance with the US Consumer Data Act, the GDPR and the HIPAA Data Protection Act.
6) LEGAL BASIS FOR PROCESSING
The controller has the right to process the personal data of the data subjects based on the:
7) REGULAR SOURCES OF INFORMATION
Information regarding the data subjects are regularly gathered:
8) PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The controller shall not store the personal data longer than is necessary, taking into consideration the purpose for the processing of personal data.
If a jobseeker is not chosen for the position she applied for, we shall not store any data of her without her consent. If we do not receive her consent, we destroy her data immediately. If she gives us her consent, we may store her data for six (6) months, after which we will destroy all such data.
The controller inspects monthly the necessity of the personal data stored.
9) CATEGORIES OF RECIPIENTS OF PERSONAL DATA
The recipients of personal data may consist of the following categories:
All other information than information concerning data subjects of Section 3.3) may be disclosed with the data subject’s consent for marketing purposes in accordance with the HIPAA Act and the GDPR.
10) REGULAR DISCLOSURE OF DATA AND INFORMATION TRANSFER OUTSIDE OF EU OR THE EUROPEAN ECONOMIC AREA
Information may be transferred and stored to a server outside of EU or the European Economic Area to be processed by the Controller or Controller’s affiliate on Controller’s behalf in accordance with the GDPR.
11) DATA SUBJECTS’ RIGHTS
The data subject has a right to use all of the below mentioned rights.
The contacts concerning the rights shall be submitted to the person in charge of the data file stated in Section 2. The rights of the data subject can be put into action only when the data subject has been satisfactorily identified.
Right to inspect
Having presented the adequate and necessary information, the data subject has the right to know what, if any, data the controller has stored of her/him into this register. While providing the requested information to the data subject, the controller must also inform the data subject of the register’s regular sources of information, to what are the personal data used for and where is it regularly disclosed to.
Right to rectify and erasure
The data subject has a right to request the controller to rectify the inaccurate and incomplete personal data concerning the data subject.
The data subject can request the controller to erase the personal data concerning the data subject, if:
If the controller does not accept the data subject’s request to rectify or erase the personal data, it must give a decision of the matter to the data subject in a written form. The decision must include the reasons for which the request was not granted. The data subject may refer the matter to the relevant authorities (Data Protection Ombudsman).
The controller must inform the party to whom the controller has disclosed the personal data to or has received the personal data from of the rectification or erasure of personal data. However, there is no such obligation where the fulfilment of the obligation would be practically impossible or otherwise unreasonable.
Right to restriction of processing
The data subject can request the controller to restrict the processing of the personal data concerning the data subject where one of the following applies:
If the controller has based the restriction of the processing of personal data on the abovementioned criteria, the controller shall give a notification for the data subject before removing the restriction.
Right to object
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning her/him for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Right to data portability
The data subject shall have the right to receive the personal data concerning her/him, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.
Right to withdraw consent
Where the legal basis for the processing of personal data is the consent of the data subject, the data subject shall have the right to withdraw her/his consent.
12) RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
Data subject shall have the right to lodge a complaint with a supervisory authority, if the data subject considers that the processing of personal data relating to him or her infringes the GDPR. The complaint can be lodged in the Member State of her/his habitual residence, place of work or place of the alleged infringement.
13) MERGERS AND ACQUISITIONS
In connection with mergers, acquisitions or divestiture of all parts of Aventyn Inc., business, the acquiring entity, as well as its business partners will obtain access to data managed by Aventyn Inc., and this may include personal data. In the aforementioned case, such external parties will enter into a non-disclosure agreement with Aventyn, Inc., which covers the potential disclosure of personal data.
14) DATA PROTECTION PRINCIPLES
Aventyn, Inc., uses all reasonable efforts to maintain physical, electronic, and administrative safeguards to protect personal information from unauthorized or inappropriate access, but Aventyn, Inc., note that the Internet is not always a secure medium. Aventyn, Inc., restricts access to information about data subjects only to the personnel of Aventyn, Inc., that need to know the information e.g. for responding to inquiries or requests made by the data subjects.