Neurostatus-UHB Legal Notice
Version 1.3 / 2018-JUN-26
Access to and use of Neurostatus-UHB Products and Services (Neurostatus.net, Neurostatus e-Test, Neurostatus Training, Neurostatus Documents) are provided by the University Hospital Basel (following: PROVIDER) and is subject to the following terms:
1.1 By using Neurostatus.net you agree to be legally bound by these terms, which shall take effect immediately on your first use of Neurostatus.net. If you do not agree to be legally bound by all the following terms please do not access and/or use Neurostatus.net.
1.2 The PROVIDER may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the PROVIDER. Your continued use of Neurostatus.net after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
2.1 Transmission of Personal Data to Third Parties: Data collected during registration and from visits to the Neurostatus.net website are transmitted exclusively to the study personnel of the studies published on Neurostatus.net. We do not transmit data for other commercial or non-commercial purposes.
2.2 Information that the PROVIDER collects from you (including Personal Information)
The PROVIDER directly collects information when you:
• sign up for a Neurostatus user account;
• purchase Neurostatus Training Materials;
• participate in public forums.
2.3 The PROVIDER does not itself collect or store financial account numbers. Instead, if you choose to make a purchase of Neurostatus Training Material, you will be directed to Neurostatus third-party payment processor provider. If you do not wish to submit the required payment information on the Neurostatus Website, you may require an invoice with bank account details to proceed with a bank transfer.
2.4 The PROVIDER requires your Personal Information only in limited circumstances when you:
• sign up for a Neurostatus user account (first and last name, email address, title, year of birth, sex, country of origin, city of residence, state and country);
• Sign up for a Neurostatus Study Administrator user account (profession, company, address, city, postal code and phone number);
• purchase Neurostatus Training Materials (so that we can send you the materials)
2.5 Study personnel does not receive your Personal Information until you are assigned to a specific study. In that case, the study personnel will be able to see your Personal Information from your Neurostatus account profile including results from your e-Test(s).
2.6 How Your Information Is Used
The PROVIDER uses information, including Personal Information, to carry out the following purposes:
• Communicate with you. This includes answering your support issues, notifying you of Website maintenance and updates if required and sending you email notifications regarding studies you are participating in.
2.7 How Your Information Is Shared
The PROVIDER shares the following information:
• with study personnel for the following purpose: track and/or confirm you are entitled to be a valid participant in a study.
• with carriage partners for the sole purpose of shipping ordered Neurostatus Training Materials.
2.8 Access and correct your Personal Information
All of your Personal Information is available in your Neurostatus account. Your name, email address, and other identifiable profile information is editable through the profile settings in your Neurostatus account except as noted below. Your account lists all current and archived studies in which you have participated and includes links to current certification documents you may have earned.
• Usernames cannot be changed. This is a Neurostatus system restriction. Because a username uniquely identifies you, this is randomly created by the system.
2.9 Delete account and Personal Information
The request of deletion of your Neurostatus account and Personal Information must be made in writing form through an email sent to Neurostatus Support (email address available in menu 'contact' on www.neurostatus.net). Because deletion on the Neurostatus system is a permanent action and cannot be reversed, The PROVIDER may ask you to complete a process that aims to confirm your authority to manage the Neurostatus account affected by your request.
With respect to your Neurostatus account, Neurostatus will permanently:
• deactivate your Neurostatus account,
• remove the active profile,
• retire your username, and
• remove you from Neurostatus email lists.
With respect to your Personal Information, The PROVIDER will permanently delete your Neurostatus account profile Personal Information from the Neurostatus Website.
• The PROVIDER will archive certification documents (in compliance with legal document retention obligations) to serve its mission to enable study personnel research on educational proof and scientific research.
• The PROVIDER cannot always delete records of past interactions and transactions. For example, records relating to previous purchases of Neurostatus Training Material must be retained for financial reporting.
• The PROVIDER may retain and use Personal Information as necessary to comply with its legal obligations, enforce its agreements, and as otherwise permitted by applicable law.
2.10 Storage & Security
The PROVIDER stores Personal Information only on its own servers. Test results and study specific information might be stored on servers of companies that the PROVIDER hires to provide services.
The PROVIDER controls the only copy of information collected through the Neurostatus Website and has an information security program designed to protect information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures. The PROVIDER uses administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the information that it collects, receives, stores, or transmits. Nonetheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, the PROVIDER cannot guarantee its absolute security.
2.11 Links to External Websites
Our website contains links to external Websites. We have no control over whether the operators of these linked websites comply with data protection laws.
2.12 Contact Information
If you have privacy concerns or would like to access the Personal Information that the PROVIDER maintains about you, please contact Neurostatus Support. .
3. The use of Neurostatus.net
3.1 One (1) single Neurostatus account per User: Holders of a personal Neurostatus account on Neurostatus.net are not allowed to hold other personal accounts with the same or similar names. If you notice (or suspect) the existence of additional accounts, issuing from earlier activities on Neurostatus.net, please contact Neurostatus Support in order to merge these accounts.
3.2 Whoever intentionally opens several personal e-Test accounts with similar names on Neurostatus.net, risks non-recognition of e-Tests and EDSS certificates connected to these accounts and cancellation of said accounts.
4. Password usage (Regulatory requirements)
4.1 Storage of passwords either digitally or physically is not permitted. Auto-fil functionality of the Internet browser must not be used.
Passwords are for individual use only and must be kept confidential. Sharing of passwords is not permitted.
5. Copyrights and Intellectual property
5.1 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Neurostatus.net content in any way except for the intended use as a participant in one or more clinical trials that are licensed to use the content of Neurostatus.net or being licensed as an 'Individual User'.
5.2 You also agree not to adapt, alter or create a derivative work from any Neurostatus.net content except for your own personal, non-commercial use. Any other use of Neurostatus.net content requires the prior written permission of the PROVIDER.
5.3 The names, images and logos identifying the PROVIDER or third parties and their products and services are subject to copyright, design rights and trademarks of the PROVIDER, and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of the PROVIDER, or any other third party.
6. Use of Neurostatus Documents
6.1 Copyright (Right of Authorship) protected documents (Neurostatus Scoring Sheet, Neurostatus Definitions) may be downloaded by:
• Participants licensed to use Neurostatus.net in one or more clinical studies, licensed for Neurostatus
• Holders of an "Individual User" license
• Administrators/Monitors/Study personnel licensed to administer Neurostatus for one or more clinical studies.
6.2 Copyright (Right of Authorship) protected documents (Neurostatus Scoring Sheet, Neurostatus Definitions) which are free to download on Neurostatus.net, must be used exclusively and under the Proviso of Clause 5 for patient examinations in clinical studies, licensed for Neurostatus.net.
6.3 Holder of the Copyright (Right of Authorship) of the documents mentioned above is Prof. Dr. L. Kappos, Chair Neurology, University Hospital Basel.
6.4 The following rules and conditions apply to the reproduction of the documents mentioned above:
• Single copies on commercial copy-machines are allowed for Study Centers.
• It is not allowed to reproduce these documents in commercial printing shops, copy centers, or other institutions offering a commercial copy service, without the express permission of the PROVIDER. The PROVIDER offers his own copy order service on Neurostatus.net (Neurostatus Scoring).
6.5 Translations of these documents into languages other than the existing English version (protected by Copyright resp. Right of Authorship) are allowed under the following conditions:
• Previous, explicit and written permission by Prof. L. Kappos
• Translations must be authorized by Prof. L. Kappos, explicitly and in writing
• Authorized Translations will be placed explicitly under the Copyright of Prof. Dr. L. Kappos, Neurologic Clinic and Policlinic, University Hospital Basel.
6.6 You agree to use Neurostatus.net only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of Neurostatus.net. Prohibited behavior includes harassing or causing distress or inconvenience to any person, or disrupting the normal flow of dialogue within Neurostatus.net.
7. Disclaimer and Limitation of Liability
7.1 Neurostatus.net content, including the information, names, images, pictures, logos and icons regarding or relating to the PROVIDER (or to third parties owning sublicenses to use Neurostatus services or products), its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 Under no circumstances will the PROVIDER (or third parties owning sublicenses to use Neurostatus services or products) be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Neurostatus.net regardless of the form of action.
7.3 The PROVIDER does not warrant that functions contained in Neurostatus.net content will be uninterrupted or error free, that defects will be corrected..
8. Online Payment
8.1 Individual customers on Neurostatus.net purchasing Training media (Neurostatus Training DVD-ROM, Neurostatus Scoring Documents) by online payment have the right to return damaged products to the PROVIDER within 30 days, if it is evident that the PROVIDER is responsible for respective damage. The PROVIDER will then replace the damaged product without charging additional costs.
8.2 Individual Users on Neurostatus.net purchasing services (Neurostatus e-Test) by online payment have the right to ask for additional e-Test trials, in case of a system failure leading to an unsuccessful qualification attempt after three e-Test trials. This right is granted after three (3) unsuccessful trials. Requests for additional trials must be addressed to Neurostatus Support by email (email address available in menu 'contact' on www.neurostatus.net).
9. Contributions to Neurostatus.net
a) warrant that your contribution:
• is your own original work;
• is not defamatory; and
• does not infringe any law; and
b) warrant that your contribution:
• is published under your own name and under no other;
• is published under your own e-mail address and not under the e-mail address of another person; and
c) that you indemnify the PROVIDER against all legal fees, damages and other expenses that may be incurred by the PROVIDER as a result of your breach of the above warranty.
10. Community Rules
10.1 You agree to use Neurostatus.net Communities (including Message Boards) in accordance with the following Community Rules. These apply across all Neurostatus.net community sites and services.
10.2 Member Names will be locked if they appear to impersonate someone else or are otherwise objectionable.
10.3 We reserve the right to reject messages which:
• Are considered likely to disrupt, provoke, attack or offend others.
• Are racist, sexist, homophobic, sexually explicit, abusive or otherwise objectionable.
• Break the law or condone or encourage unlawful activity. This includes breach of copyright, defamation and contempt of court.
• Advertise products or services for profit or gain.
• Are seen to impersonate someone else.
• Contain links to other websites which break our Editorial Guidelines.
• Describe or encourage activities which could endanger the safety or well-being of others.
• Are considered to be 'spam', that is posts containing the same, or similar, message posted multiple times.
• Are considered to be off-topic for the particular message board.
The PROVIDER welcomes feedback, both positive and negative, about our programs and services; but please make sure your comments are in line with the above Community Rules.
12.1 We advise that you never reveal any personal information about anyone else (for example: telephone number, home address or email address) unless this person knows about and agrees to the release of his/her personal information.
13. About the Law
13.1 You may not submit any defamatory or illegal material of any nature in Neurostatus.net Community. This includes text, graphics, video, programs or audio.
13.2 Contributing material with the intention of committing or promoting an illegal act is strictly prohibited.
13.3 You agree to only submit materials which are your own original work. You must not violate, plagiarize, or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
13.4 The views expressed in Neurostatus.net Community area are those of members of the public and are not necessarily those of the PROVIDER.
14.1 If there is any conflict between these terms and specific terms appearing elsewhere on Neurostatus.net then the latter shall prevail.
14.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
14.3 These terms shall be governed by and interpreted in accordance with the laws of Switzerland. Eventual disputes shall be under the jurisdiction of the Courts of the Canton Basel City, Switzerland.
University Hospital Basel
Neurologic Clinic and Policlinic