Remote Expert Terms Of Use

These remote expert terms of use apply to the Rods&Cones remote assistance application that enables you to view an ongoing surgical procedure from a remote location. Through a camera in the operating room, you view the life video from the operating room and you can provide information back to the operating room with your voice and with images.

We at Rods&Cones are committed to protecting your privacy and the privacy of patients. These terms describe:

1. Terms of use: the precautions you need to take when in a session
2. Privacy Policy: the security measures Rods&Cones implemented to ensure your privacy and the privacy of the patients
3. End user license agreement for the use of the Rods&Cones software

1. Terms of Use: the precautions you need to take when in a session
You are virtually present in the operating room and the conditions from the Code of Conduct apply, especially regarding your competence to provide medical advice, your awareness of the OR protocols, your physical and mental condition to assist in a surgical procedure.
In order not to jeopardise the privacy of the patient and the medical staff present in the operating room, you should never register the video feed from the operating room be it by screen recording, filming with a camera or any other means. Also make sure to view the video feed in private. No other person should be present in the room when you are in a remote assistance session. Only register patient information designated and secured information systems.

2. Privacy policy: ensure your privacy and the privacy of the patients
This Privacy Policy governs our data collection, processing and usage practices within our processing activities on instruction of our customers, and as controller to improve the services offered by Rods&Cones. By using the Rods&Cones application, you consent to the data practices described in this Privacy Policy. If you do not agree with the data practices described in this privacy policy, you should not use the application.

We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes we will notify you through email. This helps you to always be aware of what information we collect, how we use it and under what circumstances, if any, it is disclosed. Your continued use of the Rods&Cones application, and/or continued provision of personal information to us will be subject to the terms of the then-current Privacy Policy.

If you have any questions about this privacy policy or our treatment of the information you provide us, please write to us by email at privacy@rods-cones.com or by mail to Rods&Cones BV, Oudebaan 2, 2350 Vosselaar, Belgium Attn: Data Privacy Officer.

Use of the Rods&Cones application
Our customers use the Rods&Cones application to provide remote assistance. Rods&Cones does not control the information exchanged using the Rods&Cones application. That information belongs to our customers and is used, disclosed and protected by them according to their privacy policies and is not subject to this Privacy Policy. Rods&Cones processes the information collected by the Customer in accordance with our agreements with our customers and his instructions. We implemented the security measures to ensure we never store any of the exchanged information on our systems. Rods&Cones only collects general information about the use of the application in order to provide reporting required by our customers and in order to improve the Rods&Cones application to get insights in the performance of the application.

Collection and Use of Your Information
The personal information we collect from you will be used by Rods&Cones to enable the features you use and provide correctly the services. The information may also be used to analyze and improve Rods&Cones products and services.

We collect the following information for each session:
Session ID
Remote expert ID
Smartglass user ID
Session time started
Session time stopped
Bandwidth during session
Time light on, time light off
Time contrast switched
Time zoom image on visor on, time zoom image on visor off
Time screenshot taken, time screenshot annotated, time screenshot sent
Location of smartglasses. The location is not registered for sessions marked as “test call”

In the default configuration, these analytics are only available for the group of users. the information can be made available on an individual level only after explicit request of our customers.

How We Use Information We Collect
Except as described in this statement, personal information you provide won’t be used by Rods&Cones or transferred to third parties without your consent. We occasionally hire other companies to provide limited services on our behalf, such as for performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Rods&Cones may access or disclose information about you, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Rods&Cones or our customers, including the enforcement of our agreements or policies governing your use of the software; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Rods&Cones employees, customers, or the public.

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure in the EU.

If a customer terminates its use of the Rods&Cones application, we will delete all information stored for the customer by the Rods&Cones application, including any personal information provided by you, upon explicit request of our customer, unless legally prohibited.

If Rods&Cones (or Rods&Cones assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Rods&Cones on the Rods&Cones application.

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights or to comply with a law, court order, or legal process.

Opting Out and Unsubscribing

If you provide us with your personal information, you have the following rights with respect to that information:

• To review the user information that you have supplied to us
• To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
• To request that your user information not be used to contact you
• To request that your user information be deleted from our records
• To exercise any of these rights, please contact us at privacy@rods-cones.com or by mail to Rods&Cones BV, Oudebaan 2, 2350 Vosselaar, Belgium, attn. Data Protection Officer. We will promptly change, correct, or delete your information and notify you of the action we have taken.

Cookies

We use cookies to provide our service. For example, cookies help us to remember your username for your next visit, understanding how you are interacting with our services, and improving our product based on that information. Data collected for these purposes include authentication data, unique ID, browser information, and language settings.  You can set your browser to not accept cookies, but this may limit your ability to use the services.

3. End User License Agreement
Your use of the Software is limited as set forth in the following terms and conditions of use (“Agreement”). Please read them carefully. This Agreement, and any new versions, between Rods&Cones and You, covers all your use of Software from any terminals or devices where the Software has been installed, by You or by third Parties. Upon registration in the Rods&Cones applications, you can accept this Agreement by clicking on the ACCEPT button.

License and Restrictions.

• License. Subject to the terms of this Agreement, Rods&Cones hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Software on Your computer for the sole purpose of providing remote assistance.
• No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software or any part thereof.
• No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof.
• Notwithstanding anything else contained in this License, in no event shall You use the Software to enable, support, or otherwise aid a third party to develop any product, software or service competitive with any of Rods&Cones’ products.
• Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Software will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Rods&Cones or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Rods&Cones or its Affiliates to enforce any of your rights. “Affiliate” means any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, Rods&Cones. “Control” means the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
• Exclusive Ownership. Any and all IP Rights in the Software are and shall remain the exclusive property of Rods&Cones and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with Rods&Cones’ IP Rights. Any unauthorized use of Rods&Cones’ IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. “IP Rights” means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
• No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Rods&Cones’ (or its licensors) rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

Legal Disclaimer

• No Warranties. ANY AND ALL INFORMATION PRESENTED IN THIS SOFTWARE IS BEING PROVIDED ON AN “AS IS” BASIS. RODS&CONES and its Affiliates, Licensors, employees, contractors, directors, officers, agents, and attorneys (the “Rods&Cones Parties”) MAKE NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SOFTWARE, OR THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND DATA ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN RISK.
• Rods&Cones Is Not Engaged in the Practice of Medicine. The Rods&Cones Parties expressly disclaim any and all responsibility for any consequences, directly or indirectly, related to any use, misuse or interpretation of the Software or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold the Rods&Cones Parties harmless therefrom. The Rods&Cones Parties shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the Software.
• Medical Treatment or Diagnosis Disclaimer. Nothing contained in the Software is intended to be instructional for medical diagnosis or treatment. The information presented by the Software and/or Rods&Cones should NOT be considered complete, nor should it or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment, but is provided as information only. This Software does not directly or indirectly practice medicine or dispense medical services.

Your Own Risk.

You acknowledge and agree that the entire risk arising out of Your use of the Software remains with You, to the maximum extent permitted by law.

No Liability.

YOU ACKNOWLEDGE AND AGREE THAT THE RODS&CONES PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH SOFTWARE.

Limitation of Liability.

IN NO EVENT SHALL THE RODS&CONES PARTIES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE;
• ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE; OR
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (1) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY RODS&CONES FOR ANY REASON, OR (2) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE SOFTWARE TO YOU.

THE LIMITATIONS ON RODS&CONES’ LIABILITY TO YOU IN THIS AGREEMENT SHALL APPLY WHETHER OR NOT THE RODS&CONES PARTIES OR ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF THE RODS&CONES PARTIES FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF RODS&CONES, THE RODS&CONES STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

Miscellaneous.

• Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Rods&Cones with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or Rods&Cones arising out of fraud or fraudulent misrepresentation.
• Partial Invalidity. If any provision of this Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to this Agreement as a whole, the legality, validity or enforceability of the remainder of this Agreement (including the remainder of the term which contains the relevant provision) shall not be affected.
• No waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If Rods&Cones waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
• Assignment. You are not allowed to assign this Agreement or any rights hereunder. Rods&Cones is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without giving prior notice.
• Applicable Law and Competent Court. This Agreement shall be governed by and interpreted in accordance with the laws of the Belgium, without regard to conflict of laws principles, and You hereby submit to the jurisdiction of the courts of Turnhout.
• Survival. Any provision of this Agreement which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO RODS&CONES THE RIGHTS SET FORTH HEREIN.