Menicon Bloom
App Terms of Use and Privacy Policy
Version 1.0, 30 June 2021
Terms of Use
1. Introduction
1.1. Menicon Co., Ltd., a corporation of Japan, (hereinafter
referred to as “Menicon” or “we” / “our” / “us”) has
developed this mobile application “Menicon Bloom App”
(hereinafter referred to as the “App”) through which you can access certain
online medical services with our orthokeratology lens “Menicon
Bloom” (the "App Services").
1.2. These terms
and conditions ("terms of use") apply to your use of the App and App
Services. Whenever you use the App or App Services, you agree to our terms of
use. Read these terms of use before using the App Services.
1.3. By agreeing
to our terms of use, you are also agreeing to comply with:
(1) Our privacy policy as may be updated from
time to time, which sets out the terms on which we process any personal data we
collect from you, or that you provide to us via the App;
(2) Our cookies policy as may be updated from
time to time, which sets out information about the cookies we use and how we
use them when you access and use our Services (including the App); and
(3) Any other separate terms of use, privacy
policies and other terms and conditions we may notify you of, and may apply in
relation to access and use of specific App Services or other services or
websites accessed via the App.
2. The App Services
2.1. The App is
part of the Menicon Bloom services and enables you to
maximize Menicon Bloom lens wearing experience (the
"App Services"), or do the same for other people (e.g.
your child or someone you care for) as authorised by your or their eye care specialists (hereinafter referred to as
the “ECP”) from time to time (the "Proxy Access").
The programmed
survey feature collects information at the appropriate timing allowing ECP to
collect information to be used in their future decisions.
- Survey Feature:
o Over the course of the Bloom Service, you
will receive surveys through this application at its appropriate timing. Your
feedbacks are collected by the ECP to make better decision in the upcoming
visits.
- Tips feature:
o You have access to various tips and links
that is related to the Bloom services and products.
- Message feature:
o You have the capability to send message
with your ECP as well as receiving notification from them.
- ECP profile feature:
o You have access to the ECP and store
information.
2.2. Service provider. The App and the App Services
are provided by:
Menicon Co., Ltd.
21-19, Aoi 3, Naka-ku,
Nagoya 460-0006 Japan
e-mail: bloom_client_support@menicon.com
If you wish to
contact us for any reason, please send an e-mail to us.
2.3. If you have a
complaint or query about any health-related information provided via the App,
we are unlikely to be able to offer any advice relating to this information.
Instead, we may refer you back to your ECP.
2.4. You are not supposed to use the App’s message
feature to consult about your eye condition with your ECP asking for the
professional diagnosis. We will not be liable for any loss or damage incurred
by such use of the message feature.
3. How to register to use the App
3.1. In order to
access App Services through the App, you will receive an email invitation from
your ECP. The email contains a unique link to your registration site. This will
take you through a series of identification steps, which ensures that your use
of the App is secure and only you can access your account. Your username (email
address) and the defined password should be kept secure and should not be
shared with anyone.
3.2. The App is intended for use only by
people who live in (home country name). If you access or attempt to access the
App from any location outside (home country name), we cannot guarantee you will
be able to access the App or the App Services will
function correctly.
3.3. If you are younger
than the age of adulthood in accordance with applicable laws, your legal guardian shall access to the App and App Services on behalf
of you. If you have any questions you
should contact your ECP directly.
4. Accessing the App
4.1. The App and
App Services are only intended to be used by you. Where you permit any other
person to use your account with us to access and use the App or the App
Services, you:
(1) do so entirely at your own risk;
(2) must not, in so doing, share your user
identification code or password with such person;
(3) are responsible for their access and use
of the App and App Services as if it were your access and use; and
(4) must make sure such persons are aware of
these terms of use and other applicable terms and conditions, and that they
comply with them.
You are responsible for protecting any data (including personal
data) stored on your device by utilizing a strong password. We will not be liable to you for
any loss or damage incurred by malicious third party’s access unless such
loss or damage is related to or arising from our gross negligence or wilful
misconduct.
4.2. If you know
or suspect that anyone other than you knows your user
identification code or password to your login account, you must promptly reset
your password to something only you know.
4.3. We are giving
you personally the right to access and use the App and App Services. You may
not transfer the App or access to the App Services to anyone else. If you sell,
loan or otherwise dispose of any device on which the App is installed, you must
remove the App from the device beforehand.
4.4. The App is not designed to
operate correctly with any device, operating system and browser.
5. How we will communicate with you
5.1. If we need to
contact you, we will do so by email, SMS or telephone call using the contact
details you have provided.
6. Intellectual Property Rights
6.1. All
intellectual property rights, including rights in copyright, patents, database
rights, trademarks and other intellectual property rights in any contents on
the App including any information, data, text, images, videos, interactive
services, links to products and apps, and other works in any format (“Bloom
IPR”) belong with us or our licensors.
6.2. Your right to
use the App and the App Services does not mean you have a right to use Bloom
IPR. Unless permitted by law or under these terms of use, you will:
(1) not rent, lease, sub-license, loan,
translate, merge, adapt, vary or modify the App or Bloom IPR;
(2) not modify the App or any Bloom IPR, or
permit them to be combined with, or become incorporated in, any other
programmes or services;
(3) not disassemble, decompile,
reverse-engineer or create derivative works based on the whole or any part of
the App or Bloom IPR; and
(4) comply with all technology control or
export laws that apply to the technology used by the App or Bloom IPR.
7 Prohibited uses
7.1. You may not:
(1) transmit any data, send or upload any
material that contains viruses, Trojan horses, worms, spyware or any other
harmful programmes or similar computer code designed to adversely affect the
operation of any computer software or hardware;
(2) infringe third party’s or our assets
including intellectual property rights such as copyright, patents, database
rights, trademarks;
(3) slander, libel and defame third parties or
us, or violate third parties’ privacy by inadequately collecting, disclosing
and using their personal data;
(4) use the App in a way that could damage,
disable, overburden, impair or compromise our systems or security to interfere
our business and provision of the App Services;
(5) reverse engineer, decompile, disassemble,
derive source code or aid or assist in such activities of all or any part of
the App; and
(6) use the App in any way that constitutes
improper use or otherwise in a manner not reasonably contemplated by these
terms of use.
8. Ending your use of App
8.1. You may stop
using the App and/or cancel your App account at any time. If you wish to cancel
your account, you should contact us by e-mail.
8.2. If you breach
any of these terms of use, we may prevent you from accessing the App and App
Services and cancel your App account. If we terminate (or suspend) your access
to the App, we will notify you.
8.3. If you cancel
your App account or we end your rights to use the App, any personal data we
hold about you will be dealt with in accordance with our data retention policy,
which is set out in our privacy policy. All rights granted to you under these
terms of use shall automatically cease without further notice, although your
statutory rights - for example in respect of data protection as described in
the privacy policy - are not affected.
9. Updates to the App
9.1. From time to time we may automatically update the App to improve
performance, enhance functionality, reflect changes to the operating system, or
address security issues. Depending on the update, you may not be able to use
the App until you have downloaded the latest available update.
10. Temporary suspension of the App
10.1. From time to
time we may temporary suspend full or a part of the
App and App Service without any notice in case of:
(1) Maintenance and repair of computer system;
(2) Communication failure of computer system;
(3) Force majeure such as earthquake, thunder,
fire, power outage, war, riot, labour dispute, pandemic; and
(4) When we judge temporary suspension is
necessary.
10.2 We will not be liable to you or third
parties for any loss or damage incurred by any of the items stated in the above
clause 10.1
11. Our liability, warranty disclaimers
11.1. The App and
the App Services may contain technical inaccuracies or typographical errors. We
reserve the right at any time and without notice to make changes and
improvements to the App and App Services.
11.2. Although we
make reasonable efforts to update them, the App and App Services are provided
"as is" and, to the extent permitted by law, we make no
representations, warranties or guarantees, whether express or implied
(including but not limited to the implied warranties of satisfactory quality
and fitness for a particular purpose), that the App and App Services are (a)
accurate, complete or up-to-date; (b) meet your particular requirements or
needs; or (c) access to, or use of, the same will be uninterrupted or
completely secure. This is because we are completely reliant on third parties
to provide accurate and correct data for the App.
11.3. We cannot
guarantee that the App and App Services will be free of viruses or represent
the full functionality, accuracy or reliability of the materials. You should
use your own virus protection software (and ensure that it is regularly
updated) when accessing and using the App, and you acknowledge that the
introduction of threats or viruses may be as a result of circumstances that are
not within our control.
11.4. Nothing in
these terms of use excludes or limits our liability for death or personal
injury arising from our negligence, or our fraud or fraudulent
misrepresentation, if you can show that i) this was
caused by the App and ii) we failed to use reasonable skill and care to prevent
this, or any other liability that cannot be excluded or limited under laws of
Japan.
11.5. Subject to
clause 11.4 of these terms of use, we will not be liable or responsible to you
or any person you are using Proxy Access on behalf of for:
(1) any loss or damage caused by a virus that
may infect your device, computer equipment, computer programmes, data or other
proprietary material due to your use of the App and App Services;
(2) any harm suffered where this is not caused
by our negligence;
(3) any loss or damage that was not caused by
our breach of these terms of use;
(4) any indirect or consequential losses that
were not foreseeable to both you and us when you commenced using the App; and
(5) any other loss or damage whether arising
under tort (including negligence), breach of contract, breach of statutory duty
or otherwise.
12. General
12.1. Assignment. We
may transfer our rights and obligations under these terms of use to another
organisation. We will always tell you in writing if this happens, and we will
ensure that the transfer will not affect your rights under these terms of use.
12.2. Severability.
Each of the clauses of these terms of use operates separately. If any part of
these terms of use is determined to be invalid or unenforceable pursuant to
applicable law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these terms of use shall
continue in effect.
13. Amendments to terms of use
13.1. We may, at
any time and in our sole discretion, amend these terms of use to comply with
law or reflect changes to the App Services or new features on the App. The
latest version of our terms of use will be accessible through the App, and we
will inform you via the App and request your continued agreement if we make any
significant changes to these terms of use.
Privacy Policy
This privacy
policy summarises and describes how Menicon Co.,
Ltd., a corporation of Japan, (hereinafter referred to as “Menicon”
or “we” / “our” / “us”) collects and uses Personal Data through this mobile
application “Menicon Bloom App” (hereinafter referred
to as this “App”) in relation to the medical service with our orthokeratology
lens “Menicon Bloom”.
Definitions
“Controller” means the person or entity
which alone or with others determines the purposes or means or processing of
personal data.
“De-Identified
Information” means information that is neither used nor intended to be used to
personally identify an individual.
“Personal Data” means information about you that is
personally identifiable to you, such as your contact information (e.g., name,
address, email address, or telephone number), personally identifiable health or
medical information (hereinafter referred to as “Health Information”), and any other non-public information
that is associated with such information.
“Processor”
means any person or legal entity who processes personal data on behalf of the
controller.
Our
commitment to protecting your Personal Data
We take the
security of your Personal Data seriously and strive to maintain the
confidentiality of your Health Information. We continuously seek to safeguard
that information through administrative, physical and technical means, and
otherwise abide by applicable laws and guidelines.
However, no
software or application can be completely secure. If you have any concerns that
your account could have been compromised (for example, someone could have
discovered your password), please contact our customer support centre at
“bloom-app-support@menicon.com”.
Who is involved
1. Big
Picture Medical: System operator of the entire Menicon Bloom Easyfit system. Your data entered in this application is
stored and maintained by this third-party.
2.
Eye Care
Professional: Your Eye Care Professional (ECP) who prescribed your Bloom lenses
through the Menicon Bloom Easyfit system. Your
account is linked to the Menicon Bloom Easyfit System by your email address. Your data entered in this application are
monitored and used by your ECP in your follow up visits.
What data
are collected
· Your
name, age, email address, username, password, and other registration information.
· Information
that you provide us through this app, which may include information or records
relating to your eye condition, lens type and specification, medical or health
history, health status and laboratory testing results, diagnostic images, and
other health related information.
· Health
information about you prepared or obtained by the Ophthalmologist who provides
clinical services such as medical and therapy records, treatment and
examination notes, and other health related information.
· Information
about the computer or mobile device you are using, such as what Internet
browser you use, the kind of computer or mobile device you use.
· Other
information you input into the Menicon Bloom Easyfit System database.
How your
Personal Data is used and disclosed
We may process personal data for the purposes of:
1.
Research and Development
-
Research and development of Menicon Bloom in the optometric
equipment, services and products area.
2.
Manufacturing and Supply
-
Reviewing,
manufacturing and supply of the orders of Menicon
Bloom.
3.
Sales and Marketing
-
Sales
improvement and its evaluation.
-
Targeted
and strategic sales and marketing.
-
Rollout
of extended Menicon Bloom business.
4.
Support and Services
-
Aftercare
through your Eye Care Professional.
-
Improvement
of support and services of our support center, products, manufacturing
departments.
5.
Personalized Services and Ads
-
Operation
of personalized advertisement and recommendation service.
-
Targeted
marketing and advertisement.
6.
Quality Assurance and Measurement
-
Improvement
of myopia suppression treatment quality through the performance of quality
reviews of Menicon Bloom.
-
Improvement
of test, measurement and/or management quality of our service, product, system,
and manufacturing facilities.
7.
Education
-
Sharing
various statistical data of myopia and/or eye diseases with optometric,
pediatric, general practice medical and non-medical entities, optometry
examination equipment and its accessary manufacturers to increase awareness of Menicon Bloom and consulting.
8.
Compliance
-
Compliance with
legal requirements concerning retention periods and traceability.
We may create de-Identified Information without restriction to use for
aggregate statistics relating to the use of Menicon
Bloom.
Where your data is stored
We only store and process your Personal
Data within your country.
Proxy
Access feature
This App enables
you to
view parts of the
medical record, send Health Information to the database in relation to other
people (e.g. your child or someone you care for) as
authorised by your Ophthalmologist
from time to time. This is called "Proxy Access".
You can create new
Proxy Access relationships or change existing ones through this App.
You are
responsible for any Personal Data that you access on behalf of the person you
are using Proxy Access in respect of, and must keep it
safe and secure.
You must, to the
extent possible bearing in mind their age, condition and capacity:
▪
make the person you are using Proxy Access on behalf
of aware of, and seek their consent to, your Proxy Access and any steps you
take on their behalf; and
▪
make the person you are using Proxy Access on behalf
of aware of this privacy policy and other applicable terms and conditions.
Your rights
Data protection laws provide a
number of rights to you. You can exercise your rights by contacting our customer support centre at
“bloom-app-support@menicon.com”.
These rights are:
▪
To know how your data will be collected, processed and
stored, and for what purposes.
▪
To withdraw your consent (which applies to your
participation in user research panel membership, survey responses and
unsubscribe to mailing list membership.
▪
To request a copy of your Personal Data.
▪
To correct your Personal Data errors or omissions.
▪
To request we delete your Personal Data.
▪
To request we restrict our use of your Personal Data.
You may request
deletion of your Personal Data by us, however, we may
be required (by law or otherwise) to keep this information and not delete it
(or to keep this information for a certain time, in which case we will comply
with your deletion request only after we have fulfilled such requirements).
When we delete Personal Data, it will be deleted from the active database, but
may remain in our archives and we may also retain anonymous information about
your use of our services. Once we disclose some of your Personal Data to third
parties, we may not be able to access that Personal Data any longer and cannot
force the deletion or modification of any such information by the parties to
whom we have made those disclosures. After we delete Personal Data, we may
retain De-Identified Data and will continue to use De-Identified Data as
permitted under this privacy policy.
Points of contact for queries,
objections and complaints
If you believe
that your privacy has been violated, you may file a complaint with us or with
local authority. To file a complaint with us or receive more information,
please contact our customer
support centre at “bloom-app-support@menicon.com”.
Appendix for Users in the EEA
If you are a user
in the EEA applying, Menicon will be the controller
of your data for the purposes of general service operation, service
improvement, clinical research and commercial use. Local subsidiaries of Menicon are data controllers for local customer support and
any subsequent user-related processing. The following sections provide
additional information under the EU General Data Protection Regulation
("GDPR") and national data protection law.
- Legal Basis,
Data Protection Rights and Contact
We use a
combination of legitimate interests, performance of a contract (including the
intention to enter into a contract) and/or consent as the legal basis to
process the personal information that you share with us as part of provision of
the Menicon Bloom medical services.
Users in the EEA
can object to processing of their personal information, ask us to restrict
processing of their personal information or request portability of their
personal information. Where consent to the use of personal information has been
obtained, it can be withdrawn at any time with future effect. Withdrawing consent will not affect (1) the
lawfulness of any processing we conducted prior to the withdrawal, or (2)
processing personal information under other legal bases.
A list of Menicon subsidiaries that receive personal information of
individuals in the European Union is shown below:
|
Menicon Holdings B.V. |
Waanderweg 6, 7812 HZ Emmen, The
Netherlands |
|
Menicon B.V. |
Waanderweg 6, 7812 HZ Emmen, The
Netherlands |
|
Menicon SAS |
13 Rue de la Perdrix |
|
Menicon Pharma SAS |
Boulevard Sebastien
Brant, Parc d'Innovation, F-67400 |
|
Menicon GmbH |
Heinrich-Krumm-Straße
1-3 63073 Offenbach am Main, Germany |
|
Menicon Limited. |
Gatelodge Close, Round Spinney,
Northampton, NN3 8RJ UK |
|
Menicon Iberia S.L. |
C/ Córcega Nº 329, 5º
2ª, 08037 Barcelona, Spain |
|
SOLEKO S.P.A. |
Via Ravano KM. 2.000 -
03037 Pontecorvo(FR), Italy |
If you believe we
are using your personal information in a way that is inconsistent with this
Privacy Policy or for more information about your rights, please contact your
local data protection authority.
Changes to the privacy policy
The terms of our
privacy policy may change from time to time. We will inform you via this App
and request your continued agreement if we make any significant changes to our
privacy policy, cookies
policy or terms of use.
Version history
Version 1: 30 June
2021 - original version for the Bloom App release.