Skin Cancer Tracker Application Terms of Use
This liability disclaimer, privacy policy, and user consent applies to the Skin Cancer Tracker Application (hereby referred to as “Application”) for mobile devices that was created by NH Skin Cancer Surgery LLC (hereby referred to as “Company”) as a free service. This service is intended for use “AS IS”.
In accordance with the Food and Drug Administration (FDA) “Appendix A: Examples of Software Functions that are NOT Medical Devices” listed under “Policy for Device Software Functions and Mobile Medical Applications: Guidance for Industry and Food and Drug Administration Staff”, September 28, 2022, this Application is:
1. “intended for increased patient awareness, education, and empowerment, and ultimately supports patient-centered health care”. This app does not “replace the judgement of a health professional, or perform any clinical assessment”. (Appendix A, section 3, page 18)
2. The “Software Function” will “allow a user to record (i.e., collect and log) data…or other data from a device to eventually share with a heath care professional”. (Appendix A, section 9, page 20)
3. Given that this app does not replace an electronic medical record (EMR), it contains “Software functions that provide healthcare professionals easy access to information related to patients’ health conditions or treatments… and enable the health care professional to independently review the basis of the information provided by the software function, such that the health care professional does not rely primarily on the information to make a clinical decision about an individual patient”. (Appendix A, section 11, page 21)
4. This app contains “Software functions that provide patients with simple tools to organize and record their health information without providing recommendations to alter or change a previously prescribed treatment or therapy”. (Appendix A, section 12, page 21)
You accept that this Application is for unofficial use, is not linked to any EMR, and does not replace an official EMR. Although you may access links contained within the Application, you accept that no official recommendations are made.
Liability Disclaimer (Company Liability Disclaimer for User Interface)
By downloading the Skin Cancer Tracker Application, you agree that you are fully responsible for the accuracy of the information you, your healthcare providers, or your authorized representative place into the Application, and that the Application does not replace an official EMR. You understand that any and all information you, your healthcare providers, or your authorized representative place into the Application including but not limited to images, personal information, personal health information, provider opinions, diagnosis and interpretation relating to the images, data and information placed into the Application (singularly and collectively “Data”) is your sole responsibility. The Company, its representatives and affiliates (singularly and collectively “Company”) assume no liability or responsibility to you, your healthcare providers, or your authorized representative for the accuracy, completeness, interpretation, transmission, storage, recording, use or misuse of the Data either by you, your authorized representative, or your health care providers. You agree to safeguard the information entered.
You understand and agree that the Company does not intend to have access to your personal information or personal health information that is placed into the Application. In the event the Company does inadvertently access your personal information or personal health information and comes to discover or is made aware of this inadvertent access, the Company will make every effort to rectify such inadvertent access. You will not hold the Company liable for such inadvertent access of information. If the Application is deleted or your mobile device is lost, you understand that all information contained within the Application will be lost and you will need to enter all information into the Application again. You do not hold the Company liable for any such loss of information and subsequent impact to your health. You agree to hold harmless the Company and will not hold the Company liable for any damage, injury, risk, or danger to yourself or others.
You further understand and agree the Company assumes no responsibility or liability to you, your representative, or your healthcare provider for the efficacy or accuracy of the Application or the Application software or any information you, your authorized representative, or healthcare provider place into the Application. You are solely responsible for any and all liability relating to the authorized or unauthorized release or disclosure of your personal information or personal health information placed into the Application.
Privacy Policy
Information Collection and Use
The Application has been created with the intent of avoiding collection of information when you download and use the application. It is intended to be used as an offline application. However, despite this intent, you accept the possibility that data may be unintentionally collected. This information may include, but is not limited to, information such as your device’s IP address, time spent on the Application, your mobile device’s operating system, sections of the Application that you access, and information that is placed into the Application.
Personally Identifiable Information (PII) and Protected Health Information (PHI)
The intent of the application is to avoid to the greatest extent possible collection of personally identifiable information (PII), however, the transmission of PII may occur in association with use of this Application. Although this Application does not replace an EMR, the information stored within the Application based on personal input could be considered health information and should be safeguarded by the Application user.
Third Party Access
Although the intent when creating this Application was to avoid any transmission of data, you accept the possibility that your information may be shared with third-party service providers such as, but not limited to Apple and Google Play Services. Please note that the Application utilizes third-party service providers that have their own Privacy Policy regarding handling of data. The Company may share your information with third parties in the ways that are described in this privacy statement.
The Company may disclose User Information as required by law such as to comply with a subpoena, or similar legal process; when they believe in good faith that disclosure is necessary to protect their rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with their trusted third-party service providers who work on their behalf, do not have an independent use of the information the Company discloses to them, and have agreed to adhere to the rules set forth in this privacy statement.
Opt Out Rights
You may intend to stop all inadvertent collection of information by the Application by uninstalling it. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy
The Company may retain User data for as long as you use the Application and for a reasonable time thereafter.
Minors
The Company does not use the Application to knowingly solicit data from, collect personally identifiable information, or market to children under the age of 13. You confirm that you are of legal age in the state of your residence to access, download and use the Application and that if you are not of legal age, you have the consent of your parent or legal guardian to access, download, and use the Application.
Changes to Policy
This Privacy Policy may be updated from time to time for any reason. The Company will make notification of changes to the Privacy Policy by updating this page with the new Privacy Policy. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
This privacy policy is effective as of 2024-05-31.
Consent
By using the Application, you are consenting to the processing of your information as set forth in this Privacy Policy, Company Liability Disclaimer for User Interface, and User Consent now and as amended by the Company.
By indicating accept and continue, you have read and accept the terms and conditions of use of the Application as set forth above and understand that this may be amended with new changes updated on this page.