A) UpSurgeOn performs quality checks on its products in order to guarantee their integrity and functionality. UpSim Neurosurgical Box is handmade. No industrial processes have been adopted. Small imperfections are not considered defects. If the buyer/consumer receives defective products, in any case non-compliant with the orders made (possibly due to production defects), the supplier declares himself responsible, as determined by the national legislation and in accordance with the general sales conditions.
B) With regards to purchases made by the consumer, a guarantee of 24 months is provided from the date of delivery of the product and it is necessary for the buyer to lodge a formal complaint regarding the defects within 2 months from the date of discovery of the defect and correct use of the product, in accordance with its intended use and as outlined in the attached technical documentation.
C) With reference to purchases completed by the buyer (legal person or professional), the guarantee provided is 12 months from the date of delivery of the product and any defects must be communicated to the supplier within 8 days of their discovery; this guarantee can be activated only if the product has been used correctly, in compliance with the uses for which it is intended and as outlined in the attached technical documentation.
D) With the exception of cases relating to the replacement of defective and non-conforming products, UpSurgeOn does not assume any responsibility for any direct and indirect damages resulting from the use, even improper, of the product by the recipient.
In all cases of lack of conformity (for example, unfitness for the use for which goods of the same type are normally used - simulation and training activities - as declared by the supplier) UpSurgeOn provides, at its own expense, repair/replacement services of the products, as described in the General Sales Conditions (refer to the website upsim.upsurgeon.com).
E) UpSurgeOn assumes no responsibility for any damage caused to the user or to third parties as a consequence of accidents or injuries resulting, directly and/or indirectly from, or in any way connected to, the non-compliant use of the products, compared to the purposes and functionality expressly declared by the supplier - simulation and training activities on operating and medical procedures, in general. According the General Conditions of Sale, users declare to renounce any request for compensation and reimbursement against UpSurgeOn, and to exempt the latter from any liability and from all related actions, including any type of judicial and/or arbitration proceedings relating to the risk of accidents, compensation for damage to persons and/or property of third parties for any reason or cause, not directly attributable to the legitimate and consistent use of the products, without prejudice to mandatory provisions.
F) The products distributed by UpSurgeOn are not medical devices, not meant for direct or indirect patient intervention, to improve health conditions, even in the prevention phase. They are therefore not subject to marking processes or other registration obligations with the competent authorities.
G) The information (texts, images, videos, etc.) present on the UpSurgeOn website or included in the technical specifications attached to the products are to be considered exclusively functional to the purchase for simulation and training activities, and in any case of advertising. Unless otherwise indicated, the "technical specifications" represent the limits within which the products can be used, with particular reference to the safe use of the products. Dimensions and other physical characteristics are subject to normal trade tolerances. It will be the customer's responsibility to verify, beforehand, the suitability of the product for its intended use (training and simulation operations). The visual representation of the products on the site, therefore, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment from UpSurgeOn regarding the exact correspondence of the image depicted on the site with the actual product.
If there are differences or discrepancies between the image and that which is indicated in the text of the product data sheet, the indications given in the product data sheet will always prevail.
Nothing reported in the packaging of the products and/or on the UpSurgeOn website must be interpreted as providing advice or drawing up a recommendation relating to any decision or action concerning one's own health or the health of others. A doctor or other qualified healthcare professional should ensure that the content of the technical specifications or other documentation provided on the products should be neither considered as, nor substituted for, medical advice.
Owner and Data Controller:
UpSurgeOn S.r.l. – Viale Monza 347- 20126, Milan
Owner contact e-mail:
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.
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)
- Country (of the Institution)
- Email address
- Picture of you
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.
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.
- 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.
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
Information which should NOT appear on any patient cases uploaded to any Platform includes, but is not limited to:
- first name
- last name
- 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
Informative about cookies
Types of cookies used:
These cookies are essential for the website navigation; without some of these, technical issues could not work.
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.
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.
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.
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: firstname.lastname@example.org
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
- 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
Governing Law; Venue and Jurisdiction, Applicable Law
Effective Date, Amendment and Severability