General Terms and Conditions of Use


Last updated:
1 June 2012

The following terms and conditions (“Terms”) apply to all users of the Breathe Easy Asthma Management Application (“App”) and to all services provided through the App by Asthma New Zealand – The Lung Association Incorporated (“Asthma NZ”, sicknesswe” or “us”).  By using the App you will be deemed to agree to these Terms and to our Privacy Policy.  If you do not agree to be bound by these Terms and/or our Privacy Policy, ed you should stop accessing and using the App.

Use of the App

  1. We provide the App to allow users to record peak flow readings and doctor’s appointments, patient set reminders, take an Asthma Control Test, set up personal treatment plans and emergency numbers, review peak flows and Asthma Control Test scores and share them with health professionals and keep up to date with asthma-related news and events. These functions allow users to track, control and mange their Asthma on a daily basis.
  2. To use the App, you must set up an Asthma NZ or MedRepublic login or sign in on the ‘Asthma New Zealand – Breathe Easy Mobile’ Facebook application.
  3. By using the App, you warrant to us that you are 13 years of age or over.

User Conduct

  1. When using the App, you must provide us with accurate, current and complete registration information. You agree that you will comply with all applicable laws and regulations relating to the App, Content, App Content and/or your use of them.
  2. When using the App you must not:
    1. defame, abuse, harass, stalk, threaten, breach the confidence of or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    2. provide/post any inappropriate, offensive, obscene or indecent content;
    3. provide/post any content that infringes the rights, including intellectual property rights, of any third party;
    4. provide/post any materials that contain viruses, corrupted files, or other programs that may damage the operation of another’s computer;
    5. impersonate any other person, or falsify or delete any legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a posted file;
    6. prevent any other person from using the App;
    7. conduct or forward competitions, surveys or chain letters;
    8. hack into any part of the App;
    9. send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material;
    10. commit or encourage a criminal offence; or
    11. otherwise breach any relevant statute or rule of law.

Proprietary Rights in Content 

  1. All rights, including intellectual property rights, in any content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (“Content”) are the property of the user who provided that Content (“Owner”).  No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted or transmitted in any form or by any means, in whole or in part, without the prior written consent of the Owner.
  2. All rights, including intellectual property rights, in other App content (“App Content”) are the  exclusive property of VADR Limited (“VADR”) and may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without VADR’s prior written consent. Copyright, trade mark or other intellectual property right infringement may result in civil and/or criminal penalties.
  3. BREATHE EASY and the associated swirl device are Asthma NZ’s trade marks. All rights in respect of these trade marks are hereby expressly reserved. Unless otherwise indicated, all other trade marks appearing on the App are the property of their respective owners.
  4. The Asthma Control TestTM is a trademark of QualityMetric Incorporated. © 2002, by QualityMetric Incorporated. TAPS NA5615-12MA GlaxoSmithKline group of companies All Rights Reserved. © 2001 – 2005.

Use of Content

You agree that you are fully responsible for Content provided by users. We do not control or endorse and therefore are not responsible for such Content, and have no obligation to monitor Content. However, we may:

  1. review the App and delete or remove any Content that is in breach of these Terms;
  2. disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content.

If you are dissatisfied with any Content on the App, you should notify us and discontinue use of the App.

Use of App Content

  1. You agree that any App Content downloaded or otherwise obtained through the use of the App is done at your own discretion and risk and that you will be solely responsible for any and all damage to your computer system or loss of data.
  2. We provide the App for entertainment and management purposes only. The App does not contain or constitute, and should not be interpreted as medical advice or opinion. The App is not a substitute for the advice of a medical professional, and should not be relied upon when making medical decisions regarding diagnosis or treatment. If you require medical advice or services, you should consult a medical professional. We do not give any warranty of accuracy or reliability of App Content to you or any other person. To the extent permitted by law, we exclude all responsibility and liability for such App Content, including any harm or injury associated with Asthma.

Linking 

The App and/or Content may include links to third party materials (“Linked Websites”). We will not be responsible for the contents of any Linked Website or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.  These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Linked Website or any association with their operators.  You are responsible for complying with any terms and conditions imposed by any Linked Website.

Email communications

By using the App, you consent to receive periodic email communications from us regarding asthma-related news and events. You may request to unsubscribe at any time by clicking on the unsubscribe link on the email.

Research Project

If you consent, we will use your user data, including user demographics, location and integrated data feeds, for the purposes of researching and studying Asthma. User data will be non-identifiable and encrypted format. We will not share your user data with any person other than our research partners. You can request to unsubscribe from this program at any time by revoking your permission in the settings section of the App.

Liability

To the extent permitted by law we exclude all responsibility and liability in relation to the App and we will not be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits). Without limitation, we will not be liable to you for losses arising directly or indirectly from any failure, error, interruption, changes, suspension, discontinuance, use or content of the App.

Access

  1. We may terminate your access, or refuse you access, to any part of or all of the App at any time for any reason without notice.  We reserve the right to cease operating the whole or any part of the App at any time.
  2. We make no representations whether the App and services can be downloaded or appropriately used outside of New Zealand. If you access the App from outside New Zealand, you do so at your own risk. You are solely responsible for ensuring compliance with local laws.

Changes to Terms

We reserve the right to change these Terms at any time.  We will notify you of the latest Terms by including a “Last updated” date next to the Terms hyperlink on the webpage www.breatheeasy.co.nz. By continuing to use the App, you agree to be bound by the amended Terms.

Waiver

If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other Term.

Governing Law

These Terms will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Apple, including any Apple account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

Privacy Policy

 

The following terms and conditions (“Privacy Policy”) apply to your use of the Breathe Easy Asthma Management Application (“App”), and to all services provided through the App by Asthma New Zealand – The Lung Association Incorporated (“Asthma NZ”, “we” or “us”).  This Privacy Policy is to be read in conjunction with the General Terms and Conditions of Use (collectively, these terms and the Privacy Policy are referred to as the “Terms”). By using the App you will be deemed to agree to the Terms. If you do not agree to be bound by the Terms you must stop using and accessing the App.

Privacy Policy

  1. This privacy statement discloses the privacy practices for the App.
  2. Your privacy is important to us. We want you to understand the terms and conditions surrounding the capture and use of any information we gather via the App. To that end, this Privacy Policy discloses what information we gather, how we use it, and how to correct or change it
  3. If you feel that we are not abiding by this Privacy Policy or have any queries regarding the policy, you should first contact us by email at info@breatheeasy.co.nz or by mail to Asthma New Zealand – The Lung Association (Inc), PO Box 67 066, Mt Eden, Auckland, 1349

Collection of Information

    1. We are the sole owner of the information collected on this App. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from users at several different points on the App.
    2. We gather various information about users of the App. This information includes:
    3. personal information, provided through sign-in, log-in or use of the App (such as your first and last names, demographics and email);
    4. personal information, provided by you through any other method (including without limitation correspondence, medications, triggers, appointment details, peak flow readings and Asthma Control Test scores);
    5. information from your phone, including device properties, device software and hardware platform, mobile phone carrier, geographical data, crash reports, pixels and web beacons;
    6. information collected by us through click tracking in relation to your use of the App, including the content you provide and the content you access;
    7. aggregated data, which tracks traffic to the App; and
    8. cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on the App).
    9. Failure to provide necessary personal information when requested may result in certain functions of the App not being available to you.

Use of Information

    1. If you participate in an activity or program on the App, your personal information will only be used for the purposes of that activity or program, unless you otherwise provide us with your consent.
    2. Any personal information you provide may also be used by us for the following purposes:
    3. to send you periodic emails through your nominated email address;
    4. to obtain feedback on your use of the App or services offered through the App;
    5. to contact you as part of the transaction process when purchasing products or services;
    6. verification of your identity as a user of the App;
    7. to monitor, develop and improve the App and ensure that content of the App is presented in the most effective manner for the user;
    8. to keep the App relevant and of interest to users;
    9. to investigate any complaints relating to the misuse of the App;
    10. responding to any queries and/or comments you have sent to us; and
    11. such other use that you authorise.
    12. You will have the option to choose to not receive certain types of email communications or push notifications from us, except for those that are absolutely necessary. Emails will always contain a link at the bottom to be removed from the mailing list or you can unsubscribe via your account page if you have registered as a user. Push Notifications can be turned off within the Notification settings within the iPhone settings.

Disclosure of Information

    1. We may share personal information with VADR Limited (MedRepublic), the App developer. We may also share personal information with other companies or individuals in the following limited circumstances:
    2. where we have your consent, such as by opting-in to receive communications from third parties; or
    3. information may be disclosed to our employees or agents for the purpose of performing any services provided through the App.

Cookies

  1. A cookie is a piece of data stored on the end-user’s device containing information that relates directly to the end-user’s visit to the App. Any information placed in the cookie is accessible only to us, and will not be sold or shared with anyone else under any circumstances.
  2. We may use a cookie file containing information that can identify the device you are accessing the App from.  The cookie file is anonymous and isn’t linked to you as a person. We may use the information generated by “cookies” to:
  3. track traffic patterns to and from the App including information like the services you use, the time you spend on each service and the date and time of your visit; and
  4. enable you to enter our App and use certain services without having to sign in each time.
  5. You can choose to refuse cookies by turning them off and/or deleting them from your device. You do not need to have cookies turned on to use the App, but you may need them for customisable areas of the App that we may develop in the future. If your cookies are turned off, your experience of the App could be affected.

Facebook

When you first sign up to the App, you can choose to connect your account to Facebook. If you choose to connect, you’ll be able to pre-populate your profile and notify friends of your progress and results. Your information on the Facebook platform will be governed by Facebook therefore please read its privacy policy (http://www.facebook.com/about/privacy/).

If you connect your use of the App with Facebook, we may be able to collect certain information from Facebook when Facebook permits it, and when you consent to allow Facebook to make that information available to us. This information may include your profile picture, user ID, organisations and links on your profile page, names and profile pictures of your Facebook friends and other information you have included in your Facebook profile.

Log Files

     We use unique ID’s to analyse trends, administer the App, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.]

Sharing

      We will share aggregated demographic information with our affiliates, partners and advertisers. This is not linked to any personal information that can identify any individual person.

Links

This App contains links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave the App and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this App.

Holding, correcting and updating

  1. Any personal information that you provide to us will be collected and hosted by Amazon in Singapore. Under the Privacy Act 1993 you have rights of access to and correction of personal information that we hold.
  2. Although we take reasonable steps to ensure that all data we use is accurate, we depend on our users to update or correct their personal information whenever necessary. If your personally identifiable information changes (such as your email address etc.), you can add new information or delete any addresses from the profile page within the apps settings, once you have logged in. Alternatively, you may contact us by email at info@breatheeasy.co.nz

Security

    1. As no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the App. These activities are conducted at your own risk.
    2. The App uses Hypertext Transfer Protocol Secure (HTTPS) which is a combination of Hypertext Transfer Protocol (HTTP) with SSL/TLS protocol.
    3. If you have any questions about the security of the App, you can send an email to info@breatheeasy.co.nz
    4. Be safe and privacy aware, make sure you have a password on your phone.
Changes to Policy

We reserve the right to change this Privacy Policy at any time by notifying users of the existence of a revised policy by updating the “last updated” notice beside the link to this Privacy Policy. By continuing to use the App, you agree to be bound by the amended Privacy Policy. You should check from time to time to see if the Privacy Policy has changed or not.

Last updated: 1 June 2012