Business and Usage Terms/Privacy

Service provider

The service provider is

BodyTel Europe GmbH
Schlachthofstr. 1, 34537 Bad Wildungen

represented by: Mr. Stefan Schraps

Tax ID no.: DE 255 207 169

Entered in the registrar of companies:

subsequently referred to BodyTel.


Preamble

BodyTel runs an online database named «BodyTelCenter». This database allows all users of the GlucoTel device to access all blood glucose values obtained by using the GlucoTel device as well as the supplementary information entered.

GlucoTel is a Bluetooth-capable blood glucose meter which uses Bluetooth® technology to transmit the blood glucose values measured to the patient's cellphone. It requires a cellphone with Bluetooth®, Java® and internet capacities. The compatibility list shows you which cellphones are compatible. Functionality can be guaranteed only for the cell phones on the compatibility list. Furthermore, the free Java application «BodyTel Mobile» must be installed on the cellphone.

The cellphone automatically passes on the data to the patient's personal online diary in the BodyTel Center. There the data are stored. After entering a personal login, the data can be viewed using any common internet browser supporting the basic technical features HTML 4.0, XHTML 1.0 Transitional and Javascript®.

The application «BodyTelMobile» furthermore allows to enter information such as body weight, medication, insulin dosage etc. into the database via cellphone.


§ 1 Subject Matter

(1) The internet portal «BodyTel Center» is accessible under the URL

www.bodytel.com.

The subsequent standard business terms (SBTs) shall apply to the contractual relationship between BodyTel as operator of the web site www.bodytel.com and the users of the web site who register for using the contents and functions offered on the web site (hereinafter «users»). They shall also apply if users access the web site from outside the Federal Republic of Germany. They shall not apply to any access to the web site not requiring registration.

(2) Users comprise diabetes patients storing their own data in the BodyTel Center. Further users are third parties such as physicians, diabetes advisers and family members who have the patient's consent to access his personal data and who have themselves agreed to this permission by registering with the BodyTel Center. Beyond mere access to the patient's or the third party's data, these persons may define an alarm function in their settings. As soon as any value transmitted exceeds or falls below a predefined threshold, the user is informed in the desired manner (e. g. by email, SMS or fax). This is called an «alert».

(3) After registration the BodyTel shall allow the customer to access the internet portal according to clause 1 in order to use the data available there to the extent subsequently described.

(4) The transfer services required for data transmission from the mobile phone to the BodyTel Center database shall be subject matter not of the present contract but of a separate contract concluded between the user and the mobile network operator. The costs for transmission of the data via internet connection depend on the individual mobile network contract. Please ask your service provider for the current prices for data transmission.

(5) Conflicting contractual terms of the user shall not be applicable.


§ 2 Registration, Conclusion of Contract

(1) Registration establishes a contract of use between BodyTel and the user (hereinafter «contract of use»). By requesting registration, the user shall agree to the validity of these SBTs and the Privacy Policy as essentials of the contract of use. Acceptance of the separate Privacy Policy in particular is a prerequisite for using «BodyTel Center». The user shall be enabled to view these SBTs during registration, and to confirm his acceptance by a separate click. The same applies to the Privacy Policy. Performance of the registration shall be communicated to the user by E-Mail.

(2) Registration and use of those services on the web site www.bodytel.com which require registration are free of charge. Only data transmission from the cellphone to the BodyTel Center leads to costs dependent on the individual mobile phone contract, cf. § 1 clause 4.

(3) Besides acceptance of the Privacy Policy and the SBTs, registration requires the user to
- submit the data requested on the online registration form («Registration»),
- have a valid email address which an activation link will be sent to,
- be at least 18 years old or to be at least 14 years old and to act with the consent of his legal representatives, respectively.

(4) The user affirms that all his personal data submitted during registration are correct, up-to-date and complete. In case of any change in his personal data as required for registration, the user shall immediately amend his user profile accordingly.

(5) BodyTel shall strive to always keep accessible the BodyTel Service database and to solve any problems as soon as possible. However, the user has no claim to permanent availability and absence of malfunctions in BodyTel's services.


§ 3 Consumer's Right of Revocation

(1) If the user is a consumer in the legal sense, he may revoke the registration within two weeks in writing (e. g. by letter, fax or email) without being required to give a reason. The term for revocation begins with activation of access, but not earlier than receipt of the present instruction. To keep the term it shall be sufficient in any of the aforesaid cases to dispatch the revocation in due time.

The revocation shall be sent in writing to:
- by letter mail: BodyTel Europe GmbH, Schlachthofstr. 1, 34537 Bad Wildungen, Germany
- or per email: support@bodytel.com
- or per fax: +49 (0) 56 21 9 67 76-10

(2) The user's right to termination according to § 8 shall remain unaffected.

(3) In accordance with § 312d III of the German Civil Code, the user's right of revocation shall expire even before the end of the two-week term for revocation if in the meantime BodyTel has begun to deliver services with the explicit consent of the user, or if the user himself has initiated such a delivery of services (e. g. by using services requiring registration, etc.).

(4) In case of an effective revocation, both parties shall return any performance received and emoluments taken in accordance with the provisions of the law.


§ 4 Use for Health-related Purposes

(1) The customer will generally use the BodyTel Center database for logging data for therapy (diabetes). It is therefore emphasized that the BodyTel Center database serves merely as an aid for logging or documenting the measurement values obtained by the customer using the GlucoTel device.

(2) Neither GlucoTel nor the data stored in the BodyTel Center database may serve as the basis for administration of insulin. It goes without saying that use of these aids cannot obviate medical care and therapy in any way. Thus the customer shall precisely coordinate any changes in therapy with his attending physician, as he did or should have done before using the BodyTelCenter and GlucoTel. BodyTel shall not be liable for health-related issues of any kind resulting from incorrect therapy.

(3) It is pointed out that it may be expedient to keep other records besides the data stored in the BodyTel Center. In addition, regular backup of the data stored in the BodyTel Center is recommended to prevent accidental loss of the data and to guarantee surveillance in a different way. BodyTel shall not be liable for any damage due to loss of data unless caused by BodyTel.


§ 5 Use and Sharing of Data

Users with permission to access not their own data but the personal data of a third party (patient), with the consent of the latter, shall observe secrecy with regard to the contents of these personal data. Any sharing, duplication or trading of these data shall be prohibited.


§ 6 Rights and Duties of the User

(1) The user shall be responsible for properly measuring (GlucoTel) or entering (BodyTel Mobile) the data stored in the BodyTel Center. In particular, he shall read carefully the instruction manual accompanying the GlucoTel device and pay proper attention to it. No liability shall be assumed for any transfer, transmission or other errors relating to the functioning of the GlucoTel device which were caused by incorrect operation and which are beyond the control of BodyTel.

(2) All rights to the data stored in the BTC shall basically remain with the user. Nevertheless BodyTel may require rights to these data in order to be able to offer services (in particular, alerts). To guarantee this, the user shall grant a right of use to BodyTel at no charge, if and insofar this shall be required.

The subject of this granting is a non-exclusive right, unlimited throughout the universe and in perpetuity, to make accessible via BodyTel the user's data to third parties according to § 1 clause 2. Insofar as rights are granted, they shall expire together with the contract of use (e. g. by termination).

(3) Furthermore, the customer shall only download via the internet and install the Java application. The customer agrees not to copy or modify the BodyTel Mobile application. All data and files produced by BodyTel Mobile shall be property of BodyTel.


§ 7 Liability

(1) BodyTel shall not assume any liability for any material or immaterial damage whatsoever unless caused by intention or gross negligence on the side of BodyTel. The liability of BodyTel for injury to persons shall remain unaffected by the aforesaid limitation of liability.

(2) Due to the technical peculiarities of the internet, BDY cannot guarantee for the services provided to be available any time. Thus BodyTel shall not assume any liability for technical problems outside its responsibility, nor for problems due to force majeure. BodyTel shall not guarantee either that interactive processes will reach the user correctly and without delay (Alerts), nor that logging in via the internet can be guaranteed any time. Furthermore, it shall not be guaranteed that data exchange occurs with any particular transfer rate.

(3) BodyTel shall not be liable for damage due to any breach of a user's duties as defined in the present SBTs.

(4) The limitations of liability above shall apply both to contractual and to non-contractual claims. They shall also apply to BodyTel's employees.

(5) BodyTel shall not be responsible for any loss of data on the transfer path outside its sphere of control. Transfer of risk occurs when the data are provided on the server for access. BodyTel shall not be liable either for data security outside its sphere of control.

(6) The user shall be liable for all consequences and detriments which BodyTel may suffer from unauthorized use of data stored in the BodyTel Center or from the user's failure to comply with his further contractual obligations.

(7) For the rest, with regard to limitation of liability the other provisions of these SBTs, in particular § 4 clause 3 and § 6 clause 1, are referred to.


§ 8 Term and Termination

(1) The contract relating to use of the BodyTel Center is valid for an indefinite period of time. It may be terminated by either party any time without giving reasons or observing terms.

(2) Upon termination of the contract, the user's right to use the offers on the web site requiring registration shall be voided.

(3) Termination by BodyTel shall be communicated to the user in writing or by email. If the user should terminate the contract, BodyTel is likewise to be informed in writing, address: BodyTel Europe GmbH, Schlachthofstr. 1, D-34537 Bad Wildungen or by email to support@bodytel.com.
.

(4) After termination, BodyTel shall complete delete the user's account including all data stored therein. § 9 clause 3 shall be applicable.


§ 9 Deletion of User Profiles / Data

(1) If the user should infringe the present SBTs or any rights of thirds parties, BodyTel shall have the right, at their own discretion, to partially or completely exclude the user, without prior notification, from using the services requiring registration, and to delete or to lock the user profile.

(2) BodyTel shall also delete the account including the personal data stored therein upon the user's explicit request.

(3) In case of later re-registration of the user, BodyTel shall be under no obligation to restore data of the user deleted according to clause 1 or 2.


§ 10 Amendment of the SBTs

(1) The contract is based upon the SBTs of the web site as valid when the user registered. BodyTel reserves the right to later modifications of details of theses SBTs as far as this seems necessary and does not place the user at disadvantage unduly or in bad faith.

(2) Later modifications of the SBTs will generally serve to improve, in the user's interest, the services on the web site requiring registration. Modifications may also be necessitated by changes in law or jurisdiction or by other unpredictable changes neither prompted by nor within the sphere of influence of BodyTel and which would hamper or prevent fulfilment of the contract without modification or amendment of the SBTs.

(3) Essential deviations from the SBTs as valid upon conclusion of the contract and fundamental changes to the contract (such as demanding charges for the password-protected areas) are explicitly excluded from the aforesaid scope of allowable changes and may only be made by agreement between the user and BodyTel.

(4) Amendment or modification of the SBTs will be announced to the user by written or electronic notification with an appropriate term, at least four weeks in advance. The amendment or modification will come into force as a part of the contract, unless the user objects within six weeks after notification, and/or if he continues to use the services by BodyTel requiring registration after this time. Upon commencement of the term for objection, BodyTel shall separately notify the user about the consequences of his actions in accordance with section 4 clause 2.

(5) If the user should object to the modifications, either party shall have the right to terminate the contract in accordance with the provisions for termination as they were valid before the modifications. When announcing the modifications, BodyTel shall explicitly notify the user about his right to object and the consequences thereof.


§ 11 Applicable Law, Miscellaneous

(1) Notifications by BodyTel to the user shall be sent by email.

(2) This contract shall be subject to the law of the Federal Republic of Germany.

(3) If any of the provisions of the present contract should be found to be or become completely or partially invalid, or should the contract present any gap requiring filling, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be superseded by a legally effective provision which from a commercial point of view comes as close as possible to the invalid provision and which would have been agreed upon by the parties to the contract if they had been aware of the invalidity of the affected provision.
 

We thank you for visiting our web site and for your interest in our products and services.

Your personal data privacy is important to us. Therefore personal data are collected only to the extent they are technically needed. We want you to feel safe when visiting our web sites. Below we will explain to you, as we are obliged, which data will be collected when you are visiting our web site, and how these data may be used.

Collection and processing of personal data
On our server, we automatically collect and store information transmitted to us by your browser. These are:

•    Connection data of the requesting computer
•    Web pages on our server which you visit
•    Date and duration of visit
•    Data volume transferred
•    Identification of the browser and operating system used
•    Referrer web site

We cannot associate these data with any particular person. These data will not be merged or consolidated with any other data sets, and moreover, these data will be deleted after statistical analysis.

Further personal data such as your name, address, phone number and email are not collected, unless you submit these data of your own free will and accord, e. g. during registration. In this case you will receive a separate Privacy Policy and Consent Form. The data requested during registration will be collected only if you explicitly agree to collecting of these data by clicking a distinct button.

Use and sharing of personal data
Your personal data will be shared with third parties or otherwise transmitted only if this is necessary for fulfilment of the contract or if storing such data is necessitated by other legal reasons.

When you provide us with personal data, these data will be used only for the stated purpose. We will keep your personal data only as long as this is legally prescribed or required for the intended purpose.

Use of analysis tools
This web site uses analysis tools in order to continuously improve the content to the benefit of our customers. This analysis tool employs so-called «cookies», which are text files to be stored on your computer, facilitating analysis of your use of the web site. The information about your use of the web site which is generated from the cookies (including your IP address) is then transmitted to a server in the US, where it is stored. The vendor of the analysis tool will use this information to evaluate your use of the web site, to compile reports about web site activities for the operators of the websites and to provide further services relating to the use of the web site and the internet. This information will also be shared with third parties insofar as this is legally required, or insofar third parties process these data on behalf of the vendor of the analysis tool. Under no circumstances your IP address will be consolidated with other data. You can prevent installation of the cookies by choosing appropriate settings of your browser software; however, we point out that in this case you may be unable to use all functions of this web page to their full extent. By using the web site you agree to processing of the data collected by the vendor of the analysis tool in the way and manner and to the purposes described above.

Data security and data privacy
All technical and organisational measures will be taken to store your personal data in such a way that they will not be accessible to third parties. We cannot guarantee absolute security of data in email communication and hence recommend to use letter post for confidential information.

Right to information
Your confidence is important to us. Therefore we are always accountable to you with regard to the processing of your personal data. If you should have any questions which are not addressed by this privacy statement, or if you want further information on any subject mentioned here, feel free to contact us. You have the right to inspect your data, to have them corrected if necessary or to demand deletion of your data. In this case, your data will be deleted unless prohibited by legal regulations. You can revoke your assent to use your personal data any time.