Effective Date: November 2022
Clear Health B.V., IJsbaanpad 2, 1076CV Amsterdam, the Netherlands (‘Clear.bio‘ or ‘us‘ or ‘our‘ or ‘we‘) is the developer of the Clear.bio app (“App“) and supplier of glucose sensors (“Sensors“) which may be compatible with the Site.
THE SITE IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE SITE IS AN INFORMATION MANAGEMENT SERVICE TO ENABLE THE ANALYSIS OF FOOD AND GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE THAT YOU PROVIDE TO YOUR PATIENTS AS A HEALTHCARE PROFESSIONAL. THE SITE IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION THAT YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE.
- General: The Site is your gateway to access your account in which your patients’ Sensors and the App readings may be stored, reviewed and analyzed by you. The SIte is designed to assist you in viewing and managing aspects of your patients’ condition, and to allow Clear.bio to provide improved treatment guidance for patients utilizing Clear.bio’s Sensors and the App. The App allows patients to share their glucose readings with us. Clear.bio connects the respective user accounts with you.
- ‘Professional User‘ includes only those licensed healthcare providers (‘HCPs’) (and their duly authorized representatives and agents working on behalf of their clinical practice) who have either registered a clinical practice or have registered as a professional user of the Site.
By using this Site, you represent, acknowledge and agree that you are a Professional User and are duly authorized to use this Site.
You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the Site. You agree to only use the Site as expressly permitted herein. Clear.bio, its affiliates and its suppliers own all rights, titles and interests in and to the Site, including logos, graphics, videos, images, software and other materials (‘Materials‘).
You acknowledge and agree that the Site is provided to enhance your care of your patients and to allow Clear.bio to provide improved treatment guidance for patients utilizing Sensors and the App, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients.
- upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy or otherwise objectionable;
- pretend to be anyone that you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child or HCP). Clear.bio reserves the right to reject or block any account or email address that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
- upload, download, email, transmit, store or otherwise make available any data or other information from children (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or surname, date of birth, email address and their Sensor data unless you have obtained the consent of the child’s parent/guardian;
- infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Site (including accessing the Site through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Site, or any policies, requirements or regulations of networks connected to the Site (including any unauthorized access to, use or monitoring of data or traffic thereon);
- gather, store or upload personal information, including health information, on any persons using a Sensor without first having received their prior consent or without otherwise being authorized to do so, for example if you are a caregiver, HCP or parent/guardian;
- reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code of or modify the Site except and then solely to the extent permitted under applicable law;
- engineer or engage in automated downloading of personal information, including health information, from multiple patient accounts;
- request, receive, or use log-in credentials for a patient’s account;
- gather, download, store or upload personal information, including health information, using Sensors, in order to display the personal information on a third-party mobile app or website not controlled or operated by Clear.bio and not associated with or created by an HCP or clinical practice;
- gather, download, store or upload personal information, including health information, on any other users of the Site or any individual using Sensors in connection with any of the foregoing prohibited activities; and/or
- disclose information about the Site features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient.
- Clear.bio will treat all personal patient information for which it is a controller, including health information, in accordance with the Privacy Statement. When your patient has created a Clear.bio account and grants you access to that account, Clear.bio (through the Site) will be processing both your and your patient’s personal data as a ‘processor’ on your behalf as a healthcare provider where you process your patient information to protect their vital interests as determined in your sole discretion as their healthcare provider.
Availability and accuracy of information: The Site, or any feature or part thereof, may not be available in all languages or in all countries and Clear.bio makes no representation that the Site, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Site, you do so at your own initiative and are responsible for compliance with any applicable laws. Any data available to view by you are based exclusively on your patients’ glucose data and other information provided by them. Clear.bio makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data accessible or viewed by you or of any content generated by the data stored in the Site. In particular, Clear.bio makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
- Deletion of your account: You may delete your account at any time. Your account will be irreversibly deleted upon receipt and processing of your delete request, unless there is any contractual or legal obligation to keep your information in our databases. Please be aware that it may take up to 72 hours to process your request. You acknowledge that deletion of your account may have no effect on the personal information relating to your patients that Clear.bio has accessed to improve its treatment guidance for patients utilizing Clear.bio’s Sensors. Clear.biohas no responsibility for retaining/storing or backing up your account on your behalf. You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Clear.bio is not responsible for unauthorized access to, use of or alteration of your information. If you email, back up or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Clear.bio will have no ability to manage the privacy or security of that information. You should take the steps that you determine appropriate to protect the security of such information. Unless otherwise required by law, you agree that your account is non-transferable and that any rights to have an account or any data stored in the Site will terminate upon your death. In this case your account may be terminated and all data within deleted. Email email@example.com for further information. Clear.bio reserves the right to delete inactive accounts after six (6) months. We will notify you in advance by sending an email to the email address associated with your account so that you have an opportunity to ensure your account stays current and available for your use.
- Links to third-party websites: This Site may be linked to other websites that are not sites controlled or operated by Clear.bio (collectively, ‘Third-Party Sites’). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Clear.bio, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third-Party Sites. Clear.bio is providing links to the Third-Party Sites to you as a convenience, and Clear.bio does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CLEAR.BIO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Clear.bio’s endorsement or recommendation.
- No medical advice: THE SITE IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. YOU ACKNOWLEDGE THAT, WHILE CLEAR.BIO USES INFORMATION TO IMPROVE TREATMENT GUIDANCE, CLEAR TECH BV (THE PROVIDER OF THE CLEAR.BIO PORTAL) IS NOT A PROVIDER OF MEDICAL CARE AND CLEAR.BIO IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY CHANGES TO ANY OF YOUR PATIENTS’ READINGS OR FOR PROVIDING MEDICAL ADVICE TO PATIENTS. The Site is for informational purposes and is designed to help Clear.bio, patients and you better manage and support diabetes through information, analysis and communication, and is not meant to replace the relationship between patients and their medical providers. Health information content available to you through the Site is based on information provided via medical device-related data transmissions from patients scanning their Sensors. Clear.bio does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE SITE OR ON ANY INFORMATION RECEIVED FROM CLEAR.BIO EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK. CLER.BIO, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD-PARTY PROVIDERS AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING HEALTH INFORMATION CONTENT, POSTED ON OUR SITE OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING HEALTH INFORMATION CONTENT, OF OUR SITE, AND NO RELIANCE BY REGISTERED USERS SHOULD BE PLACED ON THE INFORMATION AVAILABLE IN THE SITE.
- No electronic health records: THE INFORMATION AVAILABLE TO YOU THROUGH THE SITE IS NOT AN ELECTRONIC MEDICAL RECORD. YOU MUST DOWNLOAD AND/OR PRINT OFF ANY INFORMATION THAT YOU, IN YOUR SOLE DISCRETION, DEEM NECESSARY TO INCLUDE IN YOUR PATIENTS’ MEDICAL RECORDS.
- Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Any content included in the Site is for the purpose of providing information only. Although Clear.bio believes the data displayed in the Site to be accurate as at the time it is transmitted to the users, Clear.bio makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event will Clear.bio be liable to you for any losses from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAR.BIO, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS PROVIDE THE SITE ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY, AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLEAR.BIO OR A CLEAR.BIO-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Clear.bio, its affiliates and its third-party providers do not warrant that the functions contained in the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. To the extent that applicable law requires Clear.bio to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent required to be provided under such applicable law.
- License: Clear.bio does not claim ownership of your personal data that you transmit or submit to the Site. By disclosing your personal information to Clear.bio, you grant it a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish and translate such data for the purpose of providing you with the Site. Clear.bio may create, access, retain, use or disclose to third-party researchers, aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by your law) data derived from the Site for the purposes of research, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the Site and the Sensors, to validate Site upgrades, or for product development and quality and safety of medical devices. You agree that the license herein permits Clear.bio to take any such actions. Where personal information is provided to third-party suppliers to assist us with the provision of the Site, they are required to keep personal information confidential and secure and may only use personal information to the minimum extent necessary.
- Feedback: Any data, comments or materials that you supply via the Site or provide to Clear.bio in order to receive support, including feedback data, such as questions, comments, suggestions or the like (‘Feedback’), shall be deemed to be non-confidential and non-proprietary. Clear.bio shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information which might be included in the Feedback but is subject to ‘Section 13. License’ above. Furthermore, Clear.bio shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.
- Failure to provide accurate, current and complete account information.
- Failure to report any security incident or any actual or suspected compromise of your password or account.
- Applicable law:
- Support: Free technical support is available by going to the Clear.bio support site, or by contacting your Account Manager.