Each medical training simulator (the "Simulator") of VirtaMed AG (“VirtaMed”) is designed to give you („you“ or the „User“) the opportunity to practice your skills concerning diagnostic and therapeutic interventions in a range of realistic scenarios within a controlled environment. However, the Simulator is not a substitution for real life practice or educational training and shall in no event be used in connection with real interventions on humans. Training on the Simulator does not ensure that you or any other person is able to apply the acquired skills in real life correctly, safely and efficiently. The Simulator is for educational use only and is not intended to constitute medical advice or medical training on surgical methods or the use of a specific medical device. Accordingly, the Simulator is no substitute for an individual patient assessment based upon factors unique to a particular patient and should be used by healthcare professionals only as a training device and not in determining the best course of treatment for an individual patient. Before practicing on the Simulator, you must read the entire user instructions carefully.
By using the Simulator, you explicitly agree to abide to the terms and conditions of this Legal Disclaimer and Privacy Statement (the “Legal Disclaimer”). If you do not agree with these terms and conditions, you shall not use the Simulator.
To use the services provided by VirtaMed (the “Services”), you must sign in in order to receive an account (the “Account”). You agree to: (a) provide true, accurate, current and complete information about yourself (“Account Data”) and (b) maintain and promptly update the Account Data. You agree that VirtaMed may use your Account Data to provide Services that you access or use and as otherwise set forth in this Legal Disclaimer. If you provide any Account Data that is inaccurate or not current, or VirtaMed has reasonable grounds to suspect that such Account Data is inaccurate or not current, VirtaMed has the right to suspend or terminate your Account and refuse current or future use of the Services. In consideration of your use of the Services, you represent and warrant that you are not a person barred from receiving Services under the laws of any applicable jurisdiction.
Subject to applicable individual agreements between the User and VirtaMed or its relevant partner, all disputes arising out of or in connection with this Legal Disclaimer or the Simulator shall be governed by substantive Swiss law excluding the conflict of law rules and the laws in treaties. The courts of Zurich, Switzerland shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Legal Disclaimer or the Simulator.
The "controller" of data processing as described in this Legal Disclaimer (i.e. the responsible person) is VirtaMed. You can notify us of any data protection-related concerns using the following contact details: VirtaMed AG, Schlieren, Switzerland; email info@virtamed.com; phone +41 44 500 96 90.
VirtaMed and its controlled affiliates collect "User Data" and "Simulator Data".
User Data for the purposes of this Legal Disclaimer is any data provided to VirtaMed by the User in the context of one or several Simulators. It is data such as:
Simulator Data for the purposes of this Legal Disclaimer is any data that is generated by the Simulator equipment or any hardware or device interfacing with the Simulator such as surgical tools attached to the Simulator. The following Simulator Data is processed by us:
The Simulator allows the User either to sign in as an anonymous guest or to open an Account. Data generated based on the simulations performed by the User is linked to the User Account of the User and some of this data can be anonymized. This enables the User to use the Simulator individually based on the Account. User Data provided to VirtaMed by the User such as personal information, emails etc. is stored in the Account of the User as well. This User Data cannot be anonymized, but the User can choose to delete this data from the Account at any time. VirtaMed collects and stores all Simulator Data.
Both data types, User Data and Simulator Data, may also be stored by one or several third party providers in the cloud within Switzerland and abroad. The User can choose not to provide certain information to VirtaMed, accepting a limitation of many of the Simulator’s features or functions.
Any and all rights in the User Data shall belong to the User. Any and all rights in the Simulator Data shall belong to VirtaMed.
VirtaMed may use User Data and Simulator Data collected according to this Legal Disclaimer as follows:
We may share your User Data and Simulator Data with you, your teacher, institution, facility, employer or other organization for whom you train, work or otherwise provide services. We may provide anonymized Simulator Data to third party service providers that help us operate and manage VirtaMed Simulators as well as to research institutions. The service providers will have only access to your User Data and Simulator Data to provide the required services. We implement in any case reasonable contractual and technical protections to limit the use of that data.
We may use and share aggregated and de-identified information relating to you and our other users. Your information may be combined with information of other users and provided to our customers and business partners to show aggregated results, scores and comparisons from use of VirtaMed Simulators. This information will be de-identified and will not include your name or other User Data from which third parties can determine your name or identity.
We will share anonymized User Data and Simulator Data with third party companies, organizations or individuals outside of VirtaMed if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer your User Data and Simulator Data to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in this Legal Disclaimer or any other applicable privacy policy unless you agree differently.
We may collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.
For more information or to modify cookie settings please visit our cookie policy webpage at http://www.virtamed.com/en/contact/cookie-policy.
In accordance with and as far as provided by applicable law (as is the case where the EU General Data Protection Regulation is applicable), you have the right to access, rectify and erase of your User Data and other personal data set out in this Legal Disclaimer and the right to restriction of processing or to object to our User Data processing. Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights incurs costs for you, we will notify you thereof in advance.
We will process your User Data and other personal data set out in this Legal Disclaimer within the scope of and based on the consent given to us by you. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been agreed upon contractually.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents when your identity is not evident otherwise or cannot be verified in another way). In order to assert these rights, please contact us at the addresses provided in section 1 above.
In addition, all data subjects have the right to enforce their rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
You can access your User Data at any time. You can update certain information we have relating to your Account by signing into your Account or contacting us at myaccount@virtamed.com.
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your User Data and Simulator Data.
You are solely responsible for maintaining the confidentiality of the password associated with your Account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your Account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your Account. We cannot, however, guarantee absolute security of your Account, your content or the User Data you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify VirtaMed of any unauthorized use of your Account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to VirtaMed.
By using and accessing VirtaMed Simulators, you agree and consent to the transfer to and processing of User Data and other personal data set out in this Legal Disclaimer on servers located in Europe or to our controlled affiliates and data processors elsewhere in the world for the Purposes described in this Legal Disclaimer. You also agree that the protection of such information may be different than required under the laws of your residence or location. When we access or transfer User Data and Simulator Data, we do so in compliance with applicable law. Additionally, we protect the privacy and security of User Data and Simulator Data, regardless of where it is processed or stored.
Our Legal Disclaimer may change from time to time. We will not reduce your rights under this Legal Disclaimer without your consent in accordance with applicable law. We will post any Legal Disclaimer changes on our website. If the changes will materially affect the way we use or disclose previously collected User Data and Simulator Data, we may also notify you by providing a more prominent notice (including, for certain services, email notification of Legal Disclaimer changes).
We process and retain your User Data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations.
User Data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes).
As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible.
If you have any questions, concerns, complaints or suggestions regarding our Legal Disclaimer or otherwise need to contact us, please contact us online, email us at info@virtamed.com or call us at +41 44 500 96 90.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SIMULATOR IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER VIRTAMED NOR ITS PARTNERS REPRESENT OR WARRANT THAT THE SIMULATOR IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VIRTAMED AND ITS PARTNERS CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE INCLOSED IN THE SIMULATOR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT LEGALLY POSSIBLE, IN NO EVENT SHALL VIRTAMED OR ITS PARTNERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SIMULATOR, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED THROUGH USE OF THE SIMULATOR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE . VIRTAMED AND ITS PARTNERS ARE ONLY LIABLE IN CASES OF INTENT OR GROSS NEGLIGENCE, IF A GUARANTEE PROVIDED BY VIRTAMED HAS BEEN VIOLATED OR IN CASES OF WILFUL CONCEALMENT OF DEFECTS. THE SAME LIABILITY LIMITATIONS APPLY FOR AUXILIARY PERSONS OF VIRTAMED AND ITS PARTNERS.
