WeSense™ (EU)


Terms & Conditions

(en rev. )

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this Mobile App and accepting the Company’s terms and conditions. "The Company",”Seneca Sense Technologies Inc” “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Please review the WeSense™ powered by Seneca Sense Technologies application Terms of Use. All access to and use of this application is governed by these terms. Entering into this application indicates that you have reviewed the application Terms of Use and have agreed to be bound by these terms.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Additionally, by using the application and website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Seneca Sense Technologies will take measures to secure and protect all health information by maintaining administrative, technical and physical safeguards within the app. Seneca Sense Technologies Inc is not liable for any issues or breaches that arise from a user exporting their facility data.
The use of this application is also subject to the Seneca Sense Technologies Privacy Policy; personal information collected through the Company’s software may be used by the Company for research and development purposes. The Company undertakes to keep all the personal information relating to the Customers and its residents strictly confidential. The Company will not use the personal information collected through the Products for any commercial activities and will not disclose the personal information of any resident.

Confidentiality

We are registered under the Data Protection Act and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Accordingly, personal data will be disclosed to third parties on a strictly limited 'need to know' basis where there is clear justification for transferring Personal Data - either because the Data Subject has consented to the transfer or because disclosure is required to perform a contract to which the Data Subject is a party, or for a legitimate purpose that does not infringe the Data Subject's fundamental rights, including the right to privacy (e.g. sharing in the context of a merger and acquisition operation).

How do we access your data?

We access the data you provide us with which is strictly necessary in order to make the application function properly. We carefully evaluate and define the purposes of any protected health information data processing before launching a project. We will ensure that the personal data we collect are relevant, adequate and not excessive in relation to the purpose of the processing and its eventual use (e.g. insights, marketing, promotions). This means that only necessary and relevant information for the purpose sought can be collected and processed.

How do we store your data?

Currently our application stores your reading data in senecasense.com domain. We store only the data that is absolutely necessary for our application to function in its entirety. Deleting some of this data will interrupt our application functionality. However, if you do not want us to store your data or any privacy concerns, you can send us your request to (we need to agree which email that can be part of this document)

Disclaimer

The information contained in this application should not be used as a substitute for facility protocols for checking, changing, and monitoring residents with incontinence by an appropriately qualified and licensed physician or other healthcare provider. SENECA SENSE SHALL NOT BE HELD LIABLE FOR ANY INJURY OR DAMAGES RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS THIS MOBILE APPLICATION OR FROM RELIANCE ON ANY INFORMATION PROVIDED HERE. ALWAYS CONSULT A HEALTHCARE PROFESSIONAL to review any questions related to individual vital sign readings, especially when those readings fall outside of optimal ranges indicated.
All information provided on this application is subject to change without notice. While efforts have been made to make this application helpful and accurate, due to the open nature of this application, and the potential for errors in the storage and transmission of digital information, Seneca Sense Technologies Inc does not warrant the accuracy of information obtained from this application.

Exclusions and Limitations

The information on this application is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
Excludes all representations and warranties relating to this application and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this application and/or the Company’s literature; and
Excludes all liability for damages arising out of or in connection with your use of this application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

WeSense™ is powered by Seneca Sense Technologies. The system works by connecting a pod to a disposable, single use sensor. When an incontinent event occurs in the brief, the caregiver will receive a notification via the WeSense™ app.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.

This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Use of Service

Unless specified otherwise, this application is for your facility use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed through this application, including text, graphics, visuals, information, software, products or services.

Push Notifications

The application can send you push notifications to notify you of incontinent events. By using the push notifications, you agree to receive such alerts. These can be configured in your mobile device settings.

Hypertext Links

This application may be linked to other websites to view and access video resources created by Seneca Sense Technologies Inc, but these sites are not maintained by Seneca Sense Technologies Inc.
Seneca Sense Technologies Inc is not responsible for the content of those websites. The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by Seneca Sense Technologies Inc disclaims any liability for links: (i) from another website to Seneca Sense Technologies Inc

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright

All materials contained on this application are subject to the ownership rights of Seneca Sense Technologies Inc and its Supplier Partners. Seneca Sense Technologies Inc hereby authorizes you to only make a copy of the content you or any linked Seneca Sense Technologies Inc products have added to the Seneca Sense Technologies Inc Mobile Health App. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Seneca Sense Technologies Inc through this application will forever be the property of Seneca Sense Technologies Inc. This excludes protected health information that is input to the app by the user or linked devices. Any material outside of protected health information that is submitted to Seneca Sense Technologies Inc will be presumed to be public and Seneca Sense Technologies Inc will not be required to treat the information as confidential. Seneca Sense Technologies Inc shall have exclusive ownership of all present and future existing rights in the information, except for protected health information,

The Information We Collect

Application servers may collect general data pertaining to every user, such as the IP address as this application and system connects by means of facility WiFi.
Title to Products during Term.
a) The Customer acknowledges and agrees that the Company is and shall remain the owner of the Product(s).
b) The Customer shall not alter or modify the Products in any way.

User Access and Use of Information

Access to this application is limited to viewing the app pages and linked web pages solely for legitimate user and business purposes to access the information provided by Seneca Sense Technologies Inc at this app and website. Any access or attempt to access other areas of the Seneca Sense Technologies Inc computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this application other than in connection with a legitimate business purpose. Seneca Sense Technologies Inc has implemented and will maintain administrative, physical, and technical safeguards to protect User Data, as further described in the Data Processing and Security Terms.

Seneca Sense Technologies Inc Access and Use of Information

Seneca Sense Technologies Inc will only access or use data to provide the Application services to User or as otherwise instructed and will not use it for any other Seneca Sense Technologies Inc products or services. Seneca Sense Technologies Inc and Seneca Sense Technologies will need to access the data to help troubleshoot if issues arise with the system.

Updates to Terms.

Seneca Sense Technologies reserves the right to modify or amend its Terms of Use at any time, and from time to time. Any changes to the Terms of Use will be posted on the app.

Governing Law; Limitations

The data will be managed and compliant as per the Health Canada Privacy Act. The operation Terms and condition shall be performed exclusively according to the law rules, of the Province of Quebec, Canada. Any legal action must be commenced within one year after the cause of action has arisen. The federal and provincial provisions of the Uniform Commercial Code as adopted by the Province of Quebec, shall apply.

Dispute Resolution

Breaches of the Terms of Use by a User may be brought by Seneca Sense Technologies Inc before any judicial court of competent jurisdiction. Disputes between the User and Seneca Sense Technologies shall be finally settled with respect to matters not regulated by them shall incorporate the arbitration rules by one or more arbitrators appointed in accordance with said Rules applying led by arbitration in Montreal, Quebec, Canada.

The current terms and condition will be available to download on mobile devices from the Google Play and Apple App Stores, and the end user will be asked to read and acknowledge by signing.

Automatic update will be requested by the system when it is available and will not be permitted to violate with any of controlled regulation withy regards to health care protected information These terms and conditions form part of the Agreement between the Client and us. Your accessing of this application and website indicates your understanding, agreement to an acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.