GENERAL CONDITIONS FOR THE SOFTWARE ONEWOUND
The software OneWound (”Software”) is produced by OneMed Group Oy, corporate identity number 2039640-1, with address at Metsalantie 20 Helsinki, 00320 Finland (”OneMed”), and is provided in the form of a mobile application.
OneWound is a stand-alone Medical Device Software mobile application intended to be used as a supplementary decision support tool by health care professionals to assist in the process of assessing and treating hard-to-heal leg ulcers of adults aged 18 and above, having skin classified as type I, type II, or type III on the Fitzpatrick scale.
The Software is intended as an aid, which provides suggestions for the assessment of inflamed or infected hard-to-heal leg ulcers.
These general conditions (“General Conditions”) regulate your use of the Software, including all functions and information content associated thereby. By giving consent to these General Conditions and/or use the Software you also agree to be bound by these General Conditions in all of your use of the Software.
Use of the Software
As a user you are responsible that the use of the Software is not in violation of applicable law, e.g. laws relating to medical devices, data privacy and software, or these General Conditions. You are not allowed to violate, circumvent, erase or affect the technology or the security systems that OneMed uses to protect the Software and the content of the Software. Further, you are not allowed to act in a way that could cause the Software to be disabled, overloaded, impaired or damaged, or in any other way that may cause OneMed damage. Also, you are responsible for not writing any personal data, e.g. the patient’s social security number, name and phone number, in the chat function that could identify the patient. Finally, you are responsible for only taking photos of wounds, not other identifiable parts of the body.
Intellectual property rights
All intellectual property rights, including but not limited to trademarks, copyright, patents and source code as well as the Software’s functions regarding the Software belongs to OneMed and/or its licensor, and may not be used by you except for what is necessary for the use of the Software according to these General Conditions or follows from mandatory law, e.g. laws relating to medical devices such as the Medical Device Directive and the Medical Device Regulation. All intellectual property rights, e.g. copyright including, but not limited to, any images, photographs, animation, video, audio, music, text and "applets" incorporated into the Software, that is created from the use of the Software is owned by OneMed or one or more of the third-party suppliers. You are not allowed to change, translate, reproduce, copy or transfer the Software, with the exception from when this is expressly permitted by law.
Before using the Software, OneMed assume that you have obtained the patient’s consent by asking the patient or his/her legal guardian if he/she agrees that the Software is used to take photographs of his/her wounded areas. By accepting these General Conditions, you allow OneMed to use the picture of the patient’s wound created in the Software, which is also considered as a medical record, for the purpose of assessing the wound.
OneMed intends to, as far as possible, provide the Software without any technical disturbances or errors. Maintenance work, development and/or other disturbances may however limit and/or intermittently prevent your ability to use the Software.
OneMed reserves the right to undergo planned updates and maintenance work regarding the Software without prior notice hereof. Once updates have been released, users will be notified about a new version of the Software being available in the Apple App Store or Google Play Store.
The Software is intended as an aid, which provides suggestions for the assessment of inflamed or infected hard-to-heal leg ulcers. The user is responsible for any product that they ordinate or prescribe, or any other kind of advice that is based on the information provided by the Software.
OneMed is responsible for the intact functionality and safety of the Software as long as the Software is used in accordance with the intended use and use specifications as indicated in section 1 and 2 of the Instructions for Use (https://onewound.eu/instructions-for-use ).
The Software is developed to support the latest versions of hardware and operating systems. OneMed does not guarantee the intact functionality and safety of the Software unless the Software is run on hardware and operating systems that are approved as stated in section 9 of the Instructions for Use (https://onewound.eu/instructions-for-use ).
Changes to the General Conditions
OneMed reserves the right to, from time to time, change the terms of these General Conditions. You will be notified about substantial changes within a reasonable period before the changes enter into force. You are deemed to have accepted the changes to the Software by continuing to use the Software.
Governing law and disputes
These General Conditions shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with these General Conditions, or the breach, termination of invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.
Handling of personal data
When you use the Software OneMed processes your personal data. The personal data OneMed processes are your name, phone number and e-mail address. The purpose of the processing is to i) identify you when you log into the Software, ii) ensure that you are authorized to access the Software’s different functions and iii) contact you to obtain your feedback about the Software. OneMed also processes your e-mail address for the purpose of iv) informing you about improvements of the functionality of the Software and v) market new features and services in relation to the Software.
OneMed is the data controller for the processing of your personal data.
The legal basis for the processing according to i) – iii) above is your consent. The legal basis for the processing according to iv) – v) above is OneMed’s legitimate interest to inform about improvements of the functionality of the Software and market new features and services. You are not obliged to provide the personal data to OneMed. However, if you do not provide us with the personal data, the consequences will be that we may not be able to provide the services in the Software to you. The personal data that we process about you are transferred to the personnel within OneMed who work with the Software. The personal data will not be transferred to a country outside EU/EEA. OneMed will process your personal data as long as you are registered as a user in the Software.
As for the processing that is based on your consent, you have the right to withdraw the consent at any time. However, such withdrawal does not affect the lawfulness of the processing of your personal data based on the consent before the withdrawal. According to data protection rules, you have the right to request access to information regarding which of your personal data that is being processed and request rectification of your personal data. You also have the right to object to and request restriction of the processing concerning your personal data, as well as the right to request erasure of your personal data.
You can contact our data protection officer on email@example.com. You also have the right to lodge a complaint with the Swedish Data Protection Authority or another competent supervisory authority.
Do you consent to OneMed’s processing of the personal data about your name, phone number and e-mail address for the purpose of i) identifying you when you log into the Software, ii) ensuring that you are authorized to access the Software’s different functions and iii) contact you to obtain your feedback about the Software according to the above?