Privacy Policy

Owner and Data Controller:

UpSurgeOn S.r.l. – Viale Monza 347- 20126, Milan

Owner contact e-mail:

privacy@upsurgeon.com

Our commitment to privacy

Your privacy, and that of your patients, is critically important to us. At UpSurgeOn we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it, if you join us as Author of a topic of Theory section of our Platform (www.upurgeon.com) or if you join us as a member of our community in www.upsurgeon.com or www.upsim.upsurgeon.com.
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.
  • In our blogging products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.

The purpose of the UpSurgeOn Platform is to facilitate the sharing of information and knowledge, so we keep your personal information safe and secure, and only use it for the purposes described in this privacy policy. We publish this policy explaining our online information practices and the choices you can make about the way your information is collected and used so that you can make an informed decision about using and/or registering for any Platform, and learn how your use and/or registration may affect your privacy. This privacy policy applies to information collected through any UpSurgeOn Platform. By accessing any Platform, you acknowledge and agree to the uses of information described in this privacy policy.

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13-14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

The information we collect about you

Among the types of Personal Data that the websites of UpSurgeOn S.r.l. collect (hereinafter, the “websites” or the “website”), by itself or through third parties, there are: cookies, Usage Data, first name, last name, email address and website.

Personal Data may be freely provided by the User or, in case of Usage Data, collected automatically when using this website.

User Author Information

User Author Information is information that is provided by you to us when you join us as Author of a topic of Theory section of our Platform, an AppSurgeOn App or an UpSim product, including your:

  • First Name
  • Last Name
  • Position title (professional)
  • University
  • Institution
  • Country (of the Institution)
  • Email address
  • Picture of you

Website Visitors

Like most website operators, UpSurgeOn collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. UpSurgeOn’s purpose in collecting non-personally identifying information is to better understand how UpSurgeOn’s visitors use this website. UpSurgeOn also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users.

IP Address

Every computer connected to the Internet is associated with a unique numerical identifier, known as an Internet Protocol address (IP Address). When you access our services via UpSurgeOn website, our servers need to know your IP Address, which is sent automatically when information is requested by you. When you are visiting UpSurgeOn website, we do log your IP Address, but do not automatically link your IP address to any other information that would enable us to identify you. However, if it becomes necessary to enforce compliance with our Terms of Use, or to protect our Platforms, other users or third parties (e.g. patients), we may attempt to use the logged IP address with other information to attempt to identify you. In addition, we use IP Addresses to determine the approximate geographic location of the device you used to access our Platforms.

Usage Data

Usage Data includes general information about how you interact with the web pages and web sites on the Platforms. This is collected using cookies (or similar technologies) placed by us and others (see ‘Who the information is shared with’ below).

The way we use information

Methods of processing

The Data Controller takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of UpSurgeOn S.r.l. (administration, sales, marketing, etc.), or external parties (such as third party technical service providers, IT companies, etc.), appointed, if necessary, as Data Processors by the owner. The updated list of these parties may be requested from the Owner at any time.

Legal Basis of processing

The owner may process Personal Data relating to User if one of the following applies:

  • users have given their consent;
  • provision of data is necessary for the performance of any contractual or pre-contractual obligations;
  • processing is necessary for compliance with legal obligation to which the Owner is subject;
  • processing is related to a task that is carried out in the public interest or in exercise of official authority vested in the Owner;
  • processing is necessary for the purpose of the legitimate interests pursued by the Data Controller.

Place of processing

The Data is processed at Owner’s operating offices and in any other places where the parties involved in the processing are located.

Personal Data may involve transferring the User’s Data to a country other than their own.

User is also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their data.

Purposes of processing

The Data concerning the User is collected in order to allow the Owner to provide its Services and for the following purposes:

  • to contact Users further to their completion of the contact form with their Data: the User in this way authorizes this Platform to use such details to reply to their requests;
  • to contact Users further to the sending out of the newsletter: by registering for the newsletter, the User’s email address will be added to the contact list including contact of Users interested to scientific information.
  • direct marketing of services and products, promotional events and commercial and/or professional activities; distribution of information materials, sending out of commercial newsletters and publications directly related to the activities performed by the Data Controller;
  • to perform of any contractual or pre-contractual obligations concerning the sale of UpSim products such as the Brainbox and its components together with any of the AR (Augmented Reality) software licensed by UpSurgeOn;
  • to contact Users further to the sending out of CV by means of specific forms.
  • interaction with external social networks and platforms (such as Facebook, Instagram, LinkedIn): the information obtained through our websites are subject to the User’s privacy policy set forth by each social network.
  • managing contacts and sending email messages: this service allows the Owner to manage a database of email contacts, phone contacts or any other User’s contact information (MailChimp)
  • analytics (Google Analytics)
  • managing web site;
  • managing security of your Data and of our website;
  • judicial legal assistance;
  • compliance with legal obligation.

User Author Information

We use your User Author Information for communicating with you in relation to the Platforms, including contacting you in relation to your contributions, directly marketing our products to you and notifying you of administrative matters. If you are a registered user as Author of a Theory module of Theory section (www.upsurgeon.com/theory) we also publish your User Information, first name, surname, position title, university, institution, country (of institution), excluding your email address. We may also use your User Information in the ways described below.

Usage Data

We use Usage Data to understand the online behavior of our users (see above Google analytics). In particular, using web analytics services on the Platforms enables us to measure, collect, analyse and report on Usage Data for the purposes of understanding and optimising users’ experiences on the Platforms. It also enables us to focus our marketing activities, which, in turn, help us to develop the Platforms.

Anonymity of cases / images

It is a requirement of the Terms of Use that all patient cases uploaded to any Platform by each User Author are de-identified such that the identity of each patient to whom the content included in the case relates (e.g. radiographic images and case notes) is not reasonably identifiable. If you become aware of any case from which you feel you (as a patient) or another person is reasonably identifiable, please contact us immediately at support@upsurgeon.com.

Information which should NOT appear on any patient cases uploaded to any Platform includes, but is not limited to:

  • first name
  • last name
  • initials
  • date of birth
  • address, including full or partial postal code
  • telephone or fax numbers or contact information
  • e-mail addresses
  • unique identifying numbers
  • vehicle identifiers
  • medical device identifiers (e.g serial numbers)
  • web or internet protocol addresses containing any link to the patient
  • biometric data
  • facial photograph or comparable image
  • names of relatives
  • date of study

Note: Our privacy policy does not override the individual policies of institutions, and users should ensure that they are using images within their local guidelines.

We take patient privacy very seriously, and failure to abide by these rules a breach of our privacy policy and Terms of Use. If you upload a case containing patient information, or from which a person is otherwise reasonably identifiable, your case will be deleted from the Platforms immediately upon our becoming aware of its existence and we may take such action against you as permitted under the Terms of Use.

Informative about cookies

In order to make our website more comfortable and intuitive, we use cookies: they are small files of information needed to understand how users navigate in our website and make your browsing experience more enjoyable and more efficient in the future. Cookies do not store any personal information, and will not be stored any identifiable data. If you want to disable the use of cookies you have to customize the settings of your internet browser by removing all existing cookies and disabling their storage. To proceed without modifying the application of the cookies just continue the surfing. Please visit AboutCookies.org for more information about cookies and how they affect your browsing experience.

Types of cookies used:

Technical cookie

These cookies are essential for the website navigation; without some of these, technical issues could not work.

Performance cookie

These cookies collect information about how visitors use the website: for example, which pages are most popular, and which pages have reported warnings or error messages. These cookies do not collect any personal information about the visitor, and they are used only to improve the website operation. By using our website, you agree that these cookies may be installed on your device.

Functionality Cookie

Cookies allow the website to remember the choices made by the user (for example, to remember the language choice) and provide custom functionality. These cookies can also be used to remember changes to the text size and other features of web pages that you can customize. They can also be used to provide services such as watching a video or sharing on social networks. The information gathered from these types of cookies can be anonymous and can't track your browsing activity on other websites. By using our website, you agree that these cookies may be installed on your device.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. The information generated by the cookie about your use of the website (including your anonymous IP address) will be transmitted and stored in Google's servers in the United States. Google will use this information with the purpose of evaluating your use of the website, compiling reports on website activity for the operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties, unless required by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this website, you allow Google to process the data about you in the manner and purposes set out above.

Facebook

This website uses plugins from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (subsequently called "Facebook"). When opening a website that contains such a plugin, your browser will establish a direct connection to the Facebook servers. Facebook will transfer the content of the plugin directly to your browser, the latter of which will embed it in the website. This website hence does not have any influence on the amount of data that Facebook collects through this plugin and informs you according to its best knowledge. Through embedding the plugins Facebook receives the information that you have opened the respective website. If you are logged in to Facebook, Facebook can link this information to your Facebook account. If you interact with the plugins, for example by clicking the Like-button or commenting, your browser will submit this information directly to Facebook, which will save it. If you are not a member of Facebook, Facebook nonetheless might identify and save your IP address. Purpose and scope of the data collection as well as its distribution and usage of the data by Facebook as well as respective rights and preferences regarding privacy can be found in Facebook's privacy policy http://www.facebook.com/policy.php. If you are a member of Facebook and do not want Facebook to collect data through this website and connect it to your Facebook profile, you have to log out from Facebook prior to visiting this site.

How you can opt out

If you no longer wish us to use your Usage Data or IP Address Details for certain purposes, you can do any or all of the following:

  • o delete existing cookies from your web browser and/or disable cookies on your computer and/or other devices (as appropriate). Depending on the particular browser you are using (e.g. Google Chrome, Safari, Internet Explorer, Mozilla Firefox), this can usually be done on your computer by accessing your ‘Browsing History’ through the ‘Settings’ or ‘Options’ menu (or equivalent) in your web browser, or if you are using a different device, then in the ‘Settings’ for that device. If you do not disable cookies in your web browser, and you subsequently visit our website, fresh cookies are likely to be placed and you may need to repeat the process of deleting existing cookies
  • o alter your ad preference settings in each of Google and Facebook, and on the platforms of other providers, if you have access to do so

The rights of Users

In compliance with the provisions under Chapter III, Section I, GDPR, User may exercise the rights therein indicated and in particular:

  • right of access;
  • obtain the rectification or the erasure of personal data or the limitation to processing from the Owner. In case of the request of erasure, the Data Subject has the right to obtain that the Owner, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by Controller of any links to, or copy or replication of, those personal data;
  • right to object to the processing of personal data;
  • right to data portability;
  • right to withdraw the consent at any time; the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
  • right to lodge a complaint with the Supervisory Authority.

You may exercise such rights by means of a request to be sent by email to the following certified email address: privacy@upsurgeon.com

Contact us

Should you have any questions or concerns about this privacy policy, please contact us (preferably by email) at the following addresses: UpSurgeOn S.r.l., Viale Monza 347, 20126 Milan, Italy, or support@upsurgeon.com or privacy@upsurgeon.com.

Links and Third Party Content Links to Other Web Sites

The Platforms may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of "the sponsor” clearly identified) or recommendation by UpSurgeOn. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Links do not imply that UpSurgeOn is legally authorized to use any trademark, trade name, product name, company name or logo displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, product name, company name or logo of ours or of any Provider. Users must not post links to other Web sites, except when in the form of a link to a reference textbook or journal in the reference field of articles. UpSurgeOn reserves the right to remove any and all links from any part of any Platform.

Third Party Content

The Platforms may (from time to time) contain material, data or information provided, posted or offered by third parties, including advertisements or postings in online community discussions. You agree, to the maximum extent permitted by law, that neither UpSurgeOn nor its Associates shall have any liability whatsoever to you for any such third party material, data or information.

Disclaimers of Liability General Disclaimer

THE PLATFORMS, INCLUDING THE IMAGE AND TEXT CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THESE TERMS OF USE, INCLUDING THE "MEDICAL DISCLAIMER", AND ANY OTHER CONDITIONS BROUGHT TO YOUR ATTENTION IN THE COURSE OF YOUR ACCESS TO, OR USE OF, ANY PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT: 1. YOUR USE OF ANY PLATFORM IS AT YOUR SOLE RISK; 2. EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING, UPSURGEON AND ITS ASSOCIATES EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE USE OF THE PLATFORMS; 3. WITHOUT LIMITING THE FOREGOING, UPSURGEON AND ITS ASSOCIATES ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION:

  • as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of any Platform (including any advice, opinion, statement or other content or any products or services distributed or made available by third parties through any Platform);
  • that confidentiality of information transmitted through any Platform will be maintained;
  • that any Platform will be of merchantable quality, fit for a particular purpose or meet your requirements;
  • that any access to, or use of, any Platform will:
  • not infringe any rights (including intellectual property rights) of any third party; or
  • be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system;
  • be uninterrupted or error free or;

4. YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE FROM ANY PLATFORM IS FREE OF DEFECTS, VIRUSES OR ANYTHING ELSE (SUCH AS WORMS OR TROJAN HORSES) THAT MAY INTERFERE WITH OR DAMAGE THE OPERATIONS OF A COMPUTER SYSTEM; 5. UPSURGEON AND ITS ASSOCIATES ARE NOT LIABLE TO YOU OR ANYONE ELSE IF INTERFERENCE WITH OR DAMAGE TO YOUR COMPUTER SYSTEM OCCURS IN CONNECTION WITH YOUR USE OF ANY PLATFORM

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH YOUR USE OF ANY PLATFORM, OR OTHERWISE FROM UPSURGEON OR ITS ASSOCIATES, CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. YOU ACKNOWLEDGE THAT UPSURGEON DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY PLATFORM.

Termination

UpSurgeOn may, as it sees fit, for any reason or no reason at all, without liability to you or any third party, terminate your account or your access to the Web Platform and if you fail to comply with these Terms of Use, UpSurgeOn may terminate your account or your access to any App Platform. You may terminate your Author account for any reason at any time by sending an email clearly requesting that your account be terminated to support@upsurgeon.com and we will implement your request promptly. If your account is terminated, we may, as we see fit, delete any content relating to your use of any Platform on our servers or otherwise in our possession. Immediately upon termination, either by you or us, of your account you will no longer be permitted to use any Registration Features on that Platform. You may continue to browse content on the Web Platform but your continued browsing will be deemed to be continued acceptance of these Terms of Use.

Governing Law; Venue and Jurisdiction, Applicable Law

These Terms of Use shall be governed by the laws of Italy.

Competent Jurisdiction

In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent Courts of Italy.

Effective Date, Amendment and Severability

These Terms of Use are effective as of 10 January 2017. UpSurgeOn may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting. Where required by law, we will send you an e-mail (if you are registered as Author of the Theory section) notifying any material changes and if you subscribe for email updates (at the end of this document) we will endeavor to notify you of all changes. Your continued use of any Platform after any such updating means you accept such revisions and any changes to the Privacy Policy will apply both to User Information and Usage Data we already have about you at the time of the change, and any such information created or received after the change takes effect. If you do not agree to any changes, you must not continue to use any Platform. If any provision of these Terms of Use are held unenforceable, the remaining portions shall remain in full force and effect.