Terms of Use

Terms of Use

INTRODUCTION

Volpara respects your privacy and is committed to protecting your personal data. These Terms will inform you as to how we collect, process and look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please read these Terms together with any other privacy notices we may occasionally provide, so that you are fully aware of how and why we are using your data. These Terms supplement other notices and privacy policies and are not intended to override them. We regularly review all our Terms and privacy policies and may modify them from time to time.

CONTROLLER

Volpara is made up of different legal entities. These Terms are issued on behalf of all Volpara companies (”COMPANY”, “we”, “us” or “our”). Volpara is the controller and is responsible for this website.

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to these Terms and our privacy policy. If you have any questions, including any requests to exercise your legal rights in respect of your data, please contact the DPO at: dpo@volparasolutions.com.

YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. The links are provided for your convenience only and do not imply that we check, endorse, approve or agree with any third party website or the content thereon.

Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control and have no responsibility for these third-party websites. When you leave our website, we encourage you to read the privacy policy of every website you visit.

You may not link your website to this website, or affiliated websites without our prior written consent.

THE DATA WE COLLECT

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

During your visit to this website, we may collect and store aggregate and non-personal information, for example, Technical Data such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website ; Usage Data such as how you use our website, the pages you request and the date and time of these requests; and Marketing and Communications Data including your preferences in receiving marketing from us and your communication preferences. We collect this information via 'cookie' technology or with web beacons. We may use this information to measure site activity and to generate statistics.

We may request Personal Information such as your name, title and professional occupation, contact data (for example your mailing address, e-mail address or other), type of request, or other information. Such information is collected, stored, and used and in a secure manner.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not sell, provide or otherwise disclose personal information about you to any third party however, we may disclose information about you if we are required to do so by law or legal process, to law enforcement authorities or other government officials, or when we believe disclosure is necessary to prevent harm or financial loss or in connection with an investigation of suspected or actual illegal activity. Subject to our Privacy Policy, we may use free of charge any information, ideas or proposals stored by you on this website for the development, improvement and sale of our products.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including: through direct interactions where you give us your data; via automated technologies or interactions e.g. as you interact with our website; and/or via third parties or publicly available sources.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data as and when the law allows us to.

We have set out below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Generally, we do not rely on consent as a legal basis for processing your personal data.

Please note that we may process your personal data for more than one lawful ground. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer

(a) Identity

(b) Contact 

Performance of a contract with you
To manage our relationship with you, including notifying you about changes to our terms or privacy policy

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a survey (a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

OPTING OUT

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us directly at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, service purchase, warranty registration or other transactions.

COOKIES

We use cookies to provide you with a better experience. Cookies comprise small pieces of data which are stored on your computer and allow us to recognize you when you return to our site or load another page on the site. These cookies allow us to personalize the site for you and to increase your security by storing your section ID and keeping track of single user access. We also use the aggregated statistical information to learn more about the usage of the site and to improve it over time. You do not have to accept cookies. You can instead disable cookies in your web browser via your browser settings. However, if you do disable cookies, then parts of the site may not be accessible to you.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out above:

  • Internal Third Parties (other Volpara companies acting as joint controllers or processors and who are based in Europe, New Zealand and the USA and who provide IT and system administration services and undertake leadership reporting)
  • Specific External Third Parties (service providers acting as sub-processors who provide IT and system administration services ; professional advisers who provide consultancy, legal, insurance and accounting services)
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

We share your personal data within Volpara. This may involve transferring your data to other countries. We ensure your personal data is protected by requiring all Volpara companies to follow the same rules when processing your personal data. These rules are called ‘binding corporate rules’.

Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the appropriate authorities 
  • Where we use certain service providers, we may use specific contracts approved by the appropriate authorities which give personal data the same protection it has in the country of origin 

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those trained employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to: request access to your personal data; request correction of your personal data; request erasure of your personal data; object to processing of your personal data; request restriction of processing your personal data; request transfer of your personal data; and to withdraw consent.

If you wish to exercise any of the rights set out above, please contact Volpara Data Protection Officer at dpo@volparasolutions.com.

We try to respond to all legitimate requests within 7 days. Occasionally it could take us longer than 7 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

INTELLECTUAL PROPERTY

Volpara is the creator and owner of proprietary technology which is protected by intellectual property rights. We actively assert and enforce our intellectual property rights to the fullest extent of the law.

Copyright

All content on this site, including but not limited to design, text, software, graphics, configurations of files and their selection and arrangement ('Content') are our copyright works and/or protected by other intellectual property rights. All rights are reserved. The Content may not be modified, copied, distributed, reproduced, published, downloaded, transmitted, stored or sold in any form or by any means, in whole or part without our prior written permission, except that you may download and print content for use that is not competitive with or derogatory to us or our interests and provided that all copyright and other proprietary notices are adequately displayed.

Trade Marks

'Volpara' is a registered trade mark of Volpara Health Technologies Limited, used under licence. Other trade marks, logos, brand names and slogans registered and/or used by Volpara Health Technologies and/or its divisions and subsidiaries include Volpara Solutions, VolparaEnterprise, VolparaEnterprise DDP, VolparaDose, VolparaAnalytics, VDG, Volpara Density Grade and Tempara. All such trade marks (registered and unregistered), trade names, page headers, custom graphics, icons and scripts, service marks and other aspects of trade dress may not be copied, imitated or used in whole or in part without our prior written permission, except to identify our products and services. Such identification should be in the proper format, according to local statutes and rules.

Patents

Our products and processes are protected by patents and/or are subject to trade secret and/or other proprietary rights. We reserve all such rights.

LIMITS ON ACCURACY

This website has been developed as a service to provide information about our products and services and the Information is believed to be accurate at the time it is created. However, information on the website may become out of date, contain technical inaccuracies or typographical errors. While we will use all reasonable efforts to keep the information accurate and up-to-date we make no warranties or representations as to its accuracy.

Nothing contained in any Information is to be construed as medical, legal, investment, financial, or other advice and it is important that you rely on the advice of an appropriate professional in all such respects. All users agree that all access to and use of the website is at their own risk and Volpara shall not be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with your use of this website or any content contained on this website.

FORWARD LOOKING STATEMENTS

From time to time, we may have made or may make statements which comprise beliefs, expectations, estimates, assumptions, projections and other predictive statements ('Forward-looking Statements'). All such statements are subject to and influenced by many factors that could cause outcomes and actual results to differ materially from such Forward-looking Statements and Forward-looking Statements should not be relied upon.