Data Privacy | Trigo
Trigo Tech AS takes your privacy very seriously and treats all your personal data with great care. This document sets out Trigo Tech AS policy regarding privacy and security. It is recommended that you read this policy carefully. Throughout this agreement references to “you” or “your” applies to the end user of the Trigo application.
1. Who is Trigo Tech AS?
Trigo Tech AS is a company with limited liability established and existing under the laws of Norway.
Trigo Tech AS has developed a platform used to provide tools for you to manage your health and wellness by your healthcare provider or sporting organisation to support you to achieve your objectives. This will include gathering information from you, and/or providing information to you, the end user. Trigo Tech AS is responsible for content added by Trigo Tech AS but does not screen content posted by your healthcare provider or sporting organisations, nor does it select or screen specific exercise routines that are provided to you by your healthcare provider or sporting organisation.
2. The Applicable Law
Trigo Tech AS is subject to and compliant with Regulation (EU) 679/2016 (GDPR). In the UK Trigo Tech AS is subject to and compliant with the UK Data Protection Act 2018 when controlling or processing data in the course of business.
Trigo Tech AS is registered with the UK Data Supervisory Authority in accordance with The UK Data Protection (Charges & Information) Regulations 2018 with a registered number ZB307715.
Where you are located and where your health provider or sporting organisation is registered impacts data protection and privacy laws, which may apply to the control or processing of your data.
Trigo Tech AS processes your personal data for the purpose of supported self-care regarding your health and wellness. Including the creation of exercise routines for you to perform, assessments of health and fitness, provision of contextual information to support positive health outcomes. Trigo supports healthcare professionals, employers, insurance companies and sporting organisations to help you achieve your health, wellness and performance objectives by maintaining an efficient platform and content to support high quality care. Trigo Tech AS may use your personal data for the following purposes:
· To allow the healthcare provider or sporting organisation to use Trigo, including the management of your exercise routines and the management of your compliance.
· To allow you to use Trigo, including access to exercise routines provided by your healthcare provider or sporting organisation and to monitor compliance and provide information to you, to your healthcare provider or to your sporting organisation.
· To provide health and wellness assessments with contextual advice and information by Trigo or your independent healthcare professional or sporting organisation.
· To process payments by Trigo, your healthcare provider or sporting organisation.
· To communicate with you about Trigo and/or other services of Trigo Tech AS;
· To configure Trigo for your use.
· For protection of your data and with your consent, to generate anonymous statistical data.
4. Trigo Tech AS as data processor
If your healthcare provider or sporting organisation has introduced you to Trigo, Trigo Tech AS will store and process personal data on behalf of the healthcare provider or sporting organisation, a client of Trigo Tech AS. Under these circumstances, Trigo Tech AS has additional data processing agreements in-place in order to provide the service to you, the end user.
5. Trigo Tech AS as data controller
If you registered directly with Trigo and your registration was not activated by your healthcare provider or sporting organisation, Trigo Tech AS will be the “data controller” for your personal data and will also process your personal data for its own purposes and is responsible for the lawful processing of this personal data.
If Trigo Tech AS introduces you to your healthcare provider or sporting organisation, then Trigo Tech AS will be joint data controller with your healthcare provider or sporting organisation who will be data controller for the professional services they provide to you. You may under any circumstance object to your data to being processed however this may prevent Trigo Tech AS services being provided to you. You may communicate your preferences by contacting Trigo Tech AS.
If your enquiry requires the response from your healthcare provider or sporting organisation in their role as data controller, then Trigo Tech AS will inform you of this fact and ask your healthcare provider or sporting organisation to respond.
Your healthcare provider or sporting organisation is data controller for the professional services they offer; you may contact your healthcare provider or sporting organisation for information regarding their processing of your personal data.
6. Personaldata and lawful grounds
To access Trigo as an end user it is necessary to create a personal account. For this we ask you for certain information about yourself. Your name, date of birth and and country of residence are mandatory, we also require either your email address or your phone number, which act as your username. This is necessary to provide the service. Optionally you may add your sex, and image.
If you are receiving the Trigo service through a third party such as your employer or other closed group, then certain other information may be mandatory for the purposes of identification and management information, for example this might be such employee number, policy number or similar. This information is necessary to provide the service. You may be asked for this information within the application or by another actor such as your healthcare provider or sporting organisation or employer.
Trigo Tech AS also processes information for the operation and quality of the service, specifically your location, IP address, unique device ID, and any chat dialogue and video appointment sessions that you choose to undertake via your Trigo app. You may use your device settings to disable location services.
Some of the data we collect is classified as sensitive, such as data about your ethnicity and your health. This data is collected only for the purpose of the service provided, and by agreeing to use Trigo and inputting your data into Trigo applications, you consent to us processing this data. We store your sensitive data in encrypted form and user-level access is restricted to yourself, a TrigoPro user that enters your data (eg following a healthcheck) and any TrigoPro user that you specifically consent to. If you do not consent, then you must not use Trigo.
You may manage access to your sensitive data in your Trigo app and you may withdraw your consent and request your personal data is removed at any time.
The personal information contained in your account is stored in encrypted form and is not visible to unauthorized parties.
Where your healthcare provider or sporting organisation is data controller, only they can see your account information. Trigo personnel will only be able to view your personal information if you give consent via a support request or the data controller (your healthcare provider or sporting organisation) instructs Trigo by raising a support request, this will mean Trigo must view your personal data to service this request. Under these circumstances, Trigo will be able to see your name, email address, sex, telephone number, IP address, browser and mobile device type, and details regarding your Trigo routines. Trigo will not be able to view chat content or video consultations. This consent will be said to expire a maximum of 6 months after the instruction has been received.
Additionally, with your specific consent, Trigo may assign personnel from a contracted provider of professional services to support you further, for example, this may include a coach, physiotherapist or similar professional service provider. Under these circumstances the coach or physiotherapist will be able to access your personal data to deliver their service, specifically: name, email address, sex, telephone number, details regarding your Trigo routines and in-app chat and video where they are participants. Your chat and video history is not stored or recorded nor shared with any other party aside from those who were participating in the conversation at the time.
When using Trigo via an internet browser, cookies are saved on your computer. Cookies are small pieces of information (in the form of text) that a server sends to your browser (such as Internet Explorer or Firefox) with the intention that the browser sends this information back to the server the next time a user makes use of the Service. Cookies cannot damage your computer or the files saved on it. Cookies do not identify a natural person.
When you use the Service, first party cookies are saved on your computer. First party cookies are made by or for Trigo Tech AS and are stored on your computer by Trigo Tech AS and only Trigo Tech AS has access to these cookies. Such cookies are used by Trigo Tech AS, for example, to remember your login information.
You can configure your browser so that you do not receive any cookies the next time you use the Service. However, it is then possible that you will no longer be able to make full use of the Trigo Tech AS website or the portal log in services offered online. You may read about cookies here: https://www.allaboutcookies.org.
9. Data Sharing
With your consent, Trigo Tech AS may anonymise your information and share it with authorised third parties, for example to analyse anonymously the usage of the software so we can add new features and make improvements and for example to use anonymous data for research purposes The information that might be shared includes app usage behaviour to improve the usability of the application; routine and activity completion data in order that we can improve app content and relevance; progress reporting data including sleep, pain and completion trackers in anonymised or pseudonymised form.
If the App is made available to you by an organisation such as your employer, your sports club, your insurer, or similar closed group, we will provide anonymised, aggregated usage and user data, to the organisation. This information will not be personally identifiable to any specific individual.
· if it is legally obliged to do so on account of national or international laws, case law and/or regulations.
· if Trigo Tech AS considers it is necessary in defence of its own rights; or
· if you have given permission to do so.
Under certain circumstances, Trigo may ask you for consent to share your personal data with another party, for example to allow a family member or another healthcare provider or sports coach to view your account or support you with your usage of the service: Trigo Tech AS will only do this with your consent or the consent of your responsible adult and you may review and revoke access at any time. The information may include your name and email address plus information about your routine and completion progress; no chats or video call data will be shared with any party who did not participate in the original conversation.
Trigo Tech AS will not sell, rent or lease your personal information to third parties.
10. International Data Transfers
Trigo Tech AS stores your personal data within the EEA to avoid data transfers to countries which may not provide adequate protections in law to your personal data. Trigo Tech AS personal data is stored on Amazon Web Services, which has declared compliance beyond the requirements of the Schrems II safeguards, you can read the document here: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf
11. Location data
Trigo Tech AS may request your permission to use your location data, based upon the functions of your mobile device. Your consent will be obtained through your device before this data is collected and the data will be used to provide the service, specifically to match you to a suitable healthcare provider or to adjust time-based functions for your time zone. You can manage app permission in location services from the settings on your mobile device. Trigo app does not track your location. To read more about location services on your device and how to control them please refer to the following: Apple: https://support.apple.com/en-gb/HT203033;Google: https://support.google.com/accounts/answer/3467281?hl=en
12. Data Security
Because some of the personal data processed, Trigo Tech AS has incorporated an appropriate level of security.
To protect the confidentiality and integrity of your personal data, we:
· Have internal policies that keep your data private and confidential.
· Encrypt all communications between Trigo Tech AS and our users (http: via SSL, email via TLS).
· Encrypt all patient health information in our database (“at-rest”).
· Limit information access inside our company to the absolute minimum necessary.
· Use an electronically and physically secured data centre.
· Use a firewall which blocks access by attackers and unauthorized users.
· Automatically logoff healthcare provider or sporting organisations after a certain period of inactivity.
· Require users to choose strong passwords
· Use a world-class CDN (content distribution network) which filters out possible attackers
· Use enterprise grade development and testing systems.
· Use enterprise grade server management technologies.
These are in accordance with Trigo internal policies: Internal Security; Secure Development Standard; Access Controls.
13. Data Retention
Trigo Tech AS will retain your personal data for as long as your Account is active or as needed to provide the Service to you. Trigo Tech AS will not retain your personal data if you ask that your personal data are deleted or if your withdraw your consent, unless the retention of the personal data is necessary to comply with a legal obligation or in order to establish, exercise or defend a legal claim.
Your personal data will be retained by Trigo Tech AS for a maximum period of five years of inactivity (i.e. you do not access the Trigo app for a period of five years). If your account is or has been assigned to a Trigo Pro professional then you will be deemed to have received provided professional advice, whereby the retention period will be 7 years of inactivity. Trigo will notify you of our intention to delete your personal data and you will be given the option to login to the app and reset the retention period.
If you have been assigned to a healthcare professional by Trigo, then your professional will be joint data controller and will be responsible for maintaining their own records of the service they provide to you, Trigo will not have access to this record.
Where your health provider, employer or sporting organisation terminates the Trigo Tech AS service, any stored personal data will be deleted unless otherwise requested by you, in accordance with the terms of the Trigo Tech AS Data Retention Policy. You have the right to demand erasure of the personal data held by Trigo and you may do this by deleting your account via the profile area in your Trigo app or by contacting email@example.com.
Your healthcare provider is data controller for the service they provide to you, the retention of your personal information will be subject to the legal obligation of your healthcare provider.
14. Your right to access or delete your personal data
You may contact Trigo Tech AS for information about the processing of your personal data. If your enquiry requires the response from your healthcare provider or sporting organisation in their role as data controller, then Trigo Tech AS will inform you of this fact and ask your healthcare provider or sporting organisation to respond. You can send your request to firstname.lastname@example.org and Trigo Tech AS will respond to your request within 4 weeks in accordance with the requirements of the Data Subject Access Request clauses within Regulation (EU) 679/2016 (GDPR) and UK Data Protection Act 2018 . If Trigo Tech AS is for any reason unable to satisfy your request it will inform you as soon as reasonably possible.
· Where Trigo Tech AS is data controller as defined in section 4 Trigo will respond directly.
· Where Trigo Tech AS is not the data controller or is joint data controller, but your request requires information from your healthcare provider, then Trigo will inform you of this fact and liaise with your healthcare provider to meet your requirements.
Note that you may contact your healthcare provider or sporting organisation directly if you prefer.
Your right to erasure only applies in certain circumstances. Relevant exceptions include processing data that is for medical diagnosis, the provision of health or social care or the management of health or social care systems or services. Your healthcare provider is data controller for the services they provide and so they will determine the retention period for the records they keep, these are not recorded or stored by Trigo Tech AS. For more information, please refer to Article 17 of GDPR and/or UK GDPR.
15. The Applicable Supervisory Authority
Should you have a complaint about the way in which your data is controlled or processed you should first contact the Data Controller as defined in sections 3 and 4 of this document. If you feel that this does not resolve your concerns about the way in which your data is controlled or processed, then you have the right to complain to the national supervisory authority of your country.
Trigo Tech AS applies Norwegian law due to incorporation, for your reference the full list of European supervisory bodies can be found here https://edpb.europa.eu/about-edpb/board/members_en
If you are a resident of the UK the supervisory body for the UK Data Protection Act 2018 is Information Commissioner’s Office,https://ico.org.uk/global/contact-us
16. Changes to this policy
17. Contact Details
Trigo Tech AS, c/o, Øvre Kråkenes 17, 5152 Bønes, Bergen, Norway Reg No. 820889452
Appendix 1: Data items and basis of consent to process
Appendix 2: Data processors
Appendix 3: Website Social Sharing
The following notifications refer specifically to the Trigo public website found at https://www.trigo.no Specifically, we offer the optional facility to use links that we have placed on our website to allow you to share/like/comment our content, via the end user’s own social media accounts.
1.1 This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and Trigo Tech AS (a company registered in Norway with company number 820889452) whose registered office is at Trigo Tech AS, Laguneveien 9, 5239 Rådal, Norway. Reg.no: 820889452 (“Trigo”“us” or “we”) under which we grant you a licence to use the Trigo mobile or web application software, any data supplied with the software, and the associated media (collectively, “the App”) subject to the terms and conditions of this EULA.
1.2 Welicence use of the App and Documents (as defined in condition 4.1 (a)) to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator, (“App StoreProvider”) from whom you have downloaded the App (“App Store Terms”). We do not sell the App to you. We and our licensors remain the exclusive owners of the App and the Documents and all intellectual property rights in the App and the Documents at all times.
1.3 Important notice:
1.3.2 If you do not agree to the terms of this EULA, we will not license the App to you,no permission to use the App is granted to you, and you must not download, store, install or use the App on any Devices (as defined in condition 3.2).
1.3.3 You have the right to cancel and withdraw from the transaction of entering into this EULA without charge and without any reason before registering with the App.
1.3.4 However, you will lose the right to cancel and withdraw from the transaction of entering into this EULA once you complete registration with the App, because our service to you will have commenced at that point.
1.3.5 This does not affect your consumer rights in respect of the App or any Services (as defined in condition 2.1) or Products (as defined in condition 2.1) which are defective.
1.4 You should print a copy of this EULA for future reference. This EULA is only available in the Norwegian and English languages and any disputes regarding it will be determined by reference to its Norwegian language terms.
2.1 The terms of this EULA apply to the App, any of the services accessible through the App (Services) and any of the products accessible through the App (Products), including any updates or supplements to the App or any Service or any Product, unless they come with separate terms, in which case those terms apply. In respect of the open-source and other third-party software included in the App or any Services and/or Products, the terms of an open-source or other third party licence may govern such software not withstanding the terms of this EULA. The terms of such third-party licence can be made available upon written request to us. We do not make any express or implied representations or warranties with respect to such third-party software, which is provided “as is”, and to the fullest extent permissible under applicable law we expressly disclaim all such representations and warranties with respect to such third-party software.
2.2 We may change the terms of this EULA at any time by giving you notice, whether by posting an updated version on our website at www.trigo.no (Trigo Website), sending you an email with details of the change or by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App, Services and/or Products.
2.3 From time to time updates to the App may be issued through the store you downloaded the App from (App Store). Depending on the update, you may not be able to use the App, Services and/or the Products until you have downloaded the latest version of the App and accepted any new terms.
2.4 You represent and warrant that you have obtained permission from the owners of any Devices (as defined in condition 3.2) that are controlled, but not owned, by you to download a copy of the App onto the Devices and that you have the power and authority to agree to the terms of this EULA on behalf of the owners of such Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services and/or Products on or in relation to any Devices, whether or not they are owned by you, and you agree to indemnify and hold us harmless from and against any claims, demands, losses, costs, expenses (including legal fees) or other damages resulting from or relating to assertions that you did not have the right to download, install and/or use the App on such Devices.
2.6 By using the App or any of the Services and/or Products, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services and/or Products that are internet-based or wireless to improve the Services and/or Products and/or to provide any Services and/or Products to you.
2.7 Certain Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Devices. If you use these Services, you consent to Trigo and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based Services and/or Products. You may withdraw this consent at anytime by turning off the location services settings for the App on your Devices.
2.8 The App or any Service and/or Products may from time to time contain links to other independent third party services and/or websites (together Third Party Sites). Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
2.9 As part of registration to use the App, Products and/or Services, end users may create public profiles, which may contain certain personal information (such as age, country of residence, sex.). We do not, and cannot, investigate information contained in end user public profiles. Accordingly, we do not represent, warrant, endorse or guarantee the currency or accuracy of public profile information. It is the responsibility of the individual end users, not us, to ensure this informationis current and correct.
2.10 You acknowledge and understand that we:
2.10.1 have not screened and do not in any way screen our end users;
2.10.2 have not inquired and do not in any way inquire into the backgrounds of our end users;
2.10.3 have not reviewed or verified and do not in any way review or verify the statements of the end users, including any information or representations contained in public profiles.
2.11 In connection with your use of certain Services and/or Products, you are required to complete registration, this might be filled by the end user or a representative with your consent, such as employer or sporting organisation. You represent and warrant that all user information you provide at registration or otherwise in connection with your use of such Services and/or Products will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
2.12 You will also be asked to provide login details including a password in connection with your use of certain Services and/or Products. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, login details or password of any other end user at any time. You agree to notify us immediately of any unauthorised use of your account, user name or password. We shall not be liable for any loss that you or third parties incur as a result of someone else using your account, user name or password, either with or without your knowledge.
2.13 You shall indemnify and hold us harmless from and against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of this EULA.
2.14 Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
3 Grant and Scope of Licence
3.2 You may access or download the App onto your mobile Devices (such as a mobile telephone, tablet computer, laptop or similar) that are owned by you or controlled, but not owned, by you (Devices) and view, use and display the App on those Devices only for your personal purposes or business purposes covered by an agreement with Trigo.
4 Licence Restrictions
4.1 Except as expressly set out in this EULA or as permitted by any applicable law, you agree:
4.1.1 not to copy the App or any associated instructions or documents (Documents) except where such copying is incidental to normal use of the App for your personal, non-commercial purposes, or where it is necessary for the purpose of back-up or operational security, or if covered under a specific licence agreement with Trigo;
4.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
4.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
4.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that any applicable laws (including any applicable local laws) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program; (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software or services that are substantially similar to the App (d) is undertaken with the express permission of Trigo;
4.1.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
4.1.6 to include our copyright notice on all entire and partial copies you make of the App or its content on any medium;
4.1.7 not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
4.1.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Services and/or Products (Technology), together the Licence Restrictions.
5 Acceptable Use Restrictions
5.1 You must:
5.1.2 not by or otherwise in relation to your use of the Website, the App or any Services and/or Products: (i)”stalk” or otherwise harass any person or contact any person who has requested not to be contacted; (ii) provide false, misleading or inaccurate information to us or any other end user; (iii) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (iv) create more than one unique public profile; (v) harvest or otherwise collect information about other users of any Services and/or Products, including email addresses and phone numbers; (vi) use or attempt to use any engine, software, tool agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to harvest or otherwise collect information from the App for any use, including use on Third Party Sites; (vii) access content or data not intended for you or log onto a server or account that you are not authorised to access; (viii) attempt to probe, scan or test the vulnerability of the App, any Services and/or Products or any associated system or network or to breach related security or authentication measures without proper authorisation; (ix) interfere or attempt to interfere with the use of the App or any Services and/or Products by any other user, host or network, including by means of submitting a virus, overloading,”flooding”, “spamming”, “mail bombing” or”crashing”; (x) send unsolicited e-mail, including promotions or advertisements for products or services; (xi) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, any Services and/or Products; or (xii) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”,”chain letters”, “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
5.1.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services and/or Products, including through the submission of any User Content;
5.1.4 not use the App or any Services and/or Products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere withother users; and
5.1.5 not collect or harvest any information or data from any Services and/or Products or our systems or attempt to decipher any transmissions to or from the servers running any Services and/or Products,
together the Acceptable Use Restrictions.
6 Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights (including trade marks, patents, copyright, trade secrets and database rights) in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the App in source codeform.
6.3 Youa gree to and hereby grant us a fully paid-up, worldwide, sublicensable, irrevocable, transferable licence to copy, distribute, publish, transmit, publicly display or perform, edit, modify, translate, create derivative works of, reformat and otherwise use your User Content (as defined in this condition 6.5 below) in connection with the operation of any Services and/or Products or anyother similar services or related business, in any medium now existing or later devised, including in advertising and publicity. For the purposes of this EULA, User Content is any content, materials or information (e.g. any text, information, photos, images, video and other content and material) you upload or post to, or transmit, display, perform or distribute by means of, any Services and/or Products, whether in connection with your use of the Website or the App or through the use of any Third Party Sites or otherwise.
6.5 You hereby represent and warrant that you own all rights, title and interest in and to your User Content or are otherwise authorised to grant the rights licensed to us under conditions 6.3 and 6.4. You represent and warrant that, when using the Website, the App and any Services and/or Products, you will obey the law and respect the intellectual property rights of others. Your use of the Website, the App and any Services and/or Products is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyright, trade marks or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any laws and for any infringements of any third party’s intellectual property or proprietary rights caused by your use of the Website, the App and/or anyServices and/or Products.
6.6 In accordance with the Digital Millennium Copyright Act (DMCA), we may appoint a designate agent to receive notifications of alleged copyright infringement associated with information that users place on the Website. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us through the address set forth in condition 10 below. When notifying us of the alleged copyright infringement, please include all of the following information:
6.6.1 physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
6.6.2 identification of the copyrighted work alleged to have been infringed;
6.6.3 a description of the material that is claimed to be infringing and information sufficient to locate the material on the Website;
6.6.4 information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an email address;
6.6.5 a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
6.6.6 a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on the copyright owner’s behalf.
6.6.7 If material is believed in good faith by us to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to any such material.
7 Limited Warranty
7.1 We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents in all material respects for a period of 7 days from the date on which the App is downloaded or streamed to the Devices (WarrantyPeriod).
7.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, and we agree (such agreement not to be unreasonably withheld or delayed) with the assessment that the App is defective or faulty, you will be entitled to receive (at our discretion) either (a) an updated or replacement version of the App that meets the warranty set forth in condition 7.1, or (b) a refund of the money you paid to download the App.
7.3 The warranty provided for in this condition 7 does not apply:
7.3.1 if the defect or fault in the App or any Services and/or Products results from you having amended or modified the App or such Services and/or Products or used them in conjunction with third party goods or services for which they were not designed;
7.3.2 if the defect or fault in the App or any Services and/or Products results from you having used the App or such Services and/or Products in contravention of the terms of this EULA; and/or
7.3.3 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
7.4 The warranty provided for in this condition 7 is the only warranty we grant with respect to the App, Services and Products, and the express remedies set forth in condition 7.2 are the sole remedies available to you with respect to a breach of the warranty set forth in this condition 7.
8 Disclaimers, Exclusions and Limitationsof Liability
8.1 Except as expressly set forth herein, we provide the App and any Services and/or Products on an “as is” and“ as available” basis. You acknowledge and confirm that we make no promises or guarantees and do not provide any warranties that the App and/or any Services and/or Products will be uninterrupted, error free or free from viruses or other harmful components. While we take reasonable precautions to prevent the inclusion of computer viruses and/or other malicious programs in the App or through Products or Services accessed through the App, we accept no liability for them. We also make no promises or guarantees and do not provide any warranties, whether express or implied, that the content in the App and/or any Services and/or Products is accurate, complete or up-to-date. Except with respect to the warranty set forth in condition 7, and to the extent permitted by applicable law (including any applicable local laws), we exclude and expressly disclaim all other conditions, warranties, representations or other terms that may apply to the Website, the App and/or any Services and/or Products, whether express or implied, including any implied warranty of satisfactory quality, fitness for a particular purpose, merchantability or non-infringement of any third party’s intellectual property or proprietary rights.
8.2 You acknowledge and confirm that neither the App nor any Services and/or Products has or have been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements. You acknowledge and confirm that we make no promises or guarantees and do not provide any warranties that the App and/or any Services and/or Products will meet your requirements.
8.3 We are not a medical professional, and we do not provide medical services or render medical advice. You hereby agree that, before using the App and/or any Services and/or Products, you will consult your doctor, particularly if you are at risk for problems resulting from exercise or changes in your diet. You also agree that use of the App and/or any Services and/or Products is entirely at your risk. The information in the App is in no way designed to substitute the expertise and judgment of your doctor, physiotherapist or other healthcare professional and is not advice on which reliance should be placed. You are advised that decisions regarding the diagnosis and treatment of any medical condition, including decisions regarding physical or drug therapy, are complex medical decisions requiring the independent and informed judgment of your appropriate healthcare professional. All specific questions regarding the treatment and care of a medical condition should be posed to your own professional healthcare provide. If you think you may have a medical event, call your doctor or, in an emergency, your local emergency number, immediately. The App contains information about physiotherapy exercises and activities that are used by physiotherapists or sports coaches. Activities and programmes that are not based upon a personal physiotherapy or professional coaching consultation should be regarded as an information service only and not tailored to your individual circumstances. It is not intended to replace the advice of a qualified professional on whether a specific exercise is appropriate for you.
8.4 If you wish to undertake a personalised consultation you can request this within the App and Trigo will assign you a physio to make appropriate amendments, based upon a professional consultation.
8.5 Healthcare professionals assigned to support you are assessed by Trigo for suitability to serve Trigo patients and are independent professionals and have a personal professional responsibility of making sure that their service meets requirements of quality, responsibility, and care. Trigo will provide a platform that will accommodate their professional duties according to law.
8.6 Unless permission is obtained by specific license agreement with Trigo, we only supply the App and Documents for domestic, personal, and private use. You agree not to use the App and Documents for any commercial, business or resale. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity (howsoever caused) arising out of or in connection with(a) any damage to your Devices, or (b) any reliance placed on any content displayed in the App.
8.7 We are only responsible for direct losses or damages you suffer that are a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.7, but to the fullest extent permissible under applicable law (including any applicable local laws) we are not responsible for any unforeseeable loss or damage or any indirect, consequential, incidental, or special damages.
8.8 Maximum Aggregate Liability under or in connection with this EULA (including your use of the App and/or any Services and/or Products) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the aggregate amount paid by you, the licensee, in the six (6) months preceding the last event giving rise to such claim. This does not apply to the types of loss set out in condition 8.8.
8.9 Nothing in this EULA shall limit or exclude our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation by us or for any other liability that it is unlawful to exclude or limit.
8.10 Some jurisdictions limit or prohibit some of the disclaimers set forth in this condition 8; to the extent such limitations or prohibitions are applicable to any portion of this condition 8, they shall not invalidate or abrogate the remainder of this condition, which shall be severable and enforceable to the fullest extent permissible under applicable law.
9.1 If you wish to make any complaints regarding the Trigo service please contact us via email@example.com.
9.2 If you wish to make any complaints regarding the Trigo service please contact us via firstname.lastname@example.org.
9.3 You have the right to complain if you believe your rights as a patient have been infringed.
9.3.1 For more information about complaints and how to proceed with complaints in Norway please refer to https://helsenorge.no/rettigheter/klageordninger and https://www.helseklage.no/.
9.3.2 In the UK you may complain to the Health and Care Professions Council: https://www.hcpc-uk.org/concerns/raising-concerns/
10.1 We may terminate this EULA immediately by written notice to you:
10.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so;
10.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
10.1.3 You fail to make payment for the licence
10.1.4 we discontinue the App; and/or
10.1.5 we are prevented from providing the App for any reason.
10.2 Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the App and/or your access to it and/or any Services and/or Products, at any time, with or without notice to you:
10.3 if required by law;
10.4 due to an event beyond our control; and/or
10.5 as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
10.6 On termination for any reason:
10.7 all rights granted to you under this EULA shall cease.
10.8 you must immediately cease all activities authorised by this EULA, including your use of the App and any Services and/or Products.
10.9 you must immediately uninstall and remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
11 Communication Between us
11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to Trigo Tech Limited at email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
11.2 If we must contact you or give you notice in writing, we will do so by e-mail.
12 Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
12.3 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
12.4 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
12.5 Your use of the App, any Services and/or Products and any Third Party Sites is at your sole risk. It is your responsibility to back up any data that you use or input into any of these and to ensure that your backups are current and secure. You acknowledge that it is possible that your data could be lost so it is your responsibility to make and obtain a backup.
13 OtherImportant Terms
13.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
13.2 You may only transfer your rights or obligations under this EULA to another person if we agree in advance and in writing.
13.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5 This EULA, its subject matter and its formation, are governed by the laws of Norway
13.6 You and we both agree that The Norwegian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Application and any transaction(s) effected through it although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Norway.
This EULA was last updated on 2nd February2022.
Website Privacy Statement
The General Data Protection Regulation(GDPR) is in-force across all EU/EEA member states. Essentially this created a single set of rules to modernise data privacy laws across Europe. These regulations apply to all organisations, including Trigo Tech AS.
Trigo Tech AS is data controller for TrigoTech AS data that it processes. This data may include your name, address, date of birth, phone number and email address. If you are receiving emails from TrigoTech AS it is because you have provided this for the purposes of providing updates on Trigo Tech AS, for example, to respond to your enquiry or to make cancellations or amendments to planned appointments. These communications take the form of email and/or SMS however occasionally we may telephone you in emergency or if we believe it is in your interest to receive important information. If you have provided your Personal Data for specific purposes, such as making an appointment we will process your personal data only for the purposes it is collected. We will not share your information with any other individuals or organisations without your consent.
We use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve this site. GoogleAnalytics collects only the IP address assigned to you on Trigo Tech AS when you visit this website, rather than your name or other identifying information.
We may contact you from time-to-time by email to provide details of products and services from Trigo Tech AS, however if at any time you do not wish to receive Trigo Tech AS communications, you can do that by replying to any of the messages or contact us with a clear instruction of your wishes and we will remove you from Trigo Tech AS database.
Data Protection Laws, describe individuals who have provided their Personal Data to an organisation (either directly or indirectly) as “Data Subjects”. As a Data Subject, you have a number of rights with respect to how organisations process your Personal Data.
If you wish to exercise any of your rights, please contact us at firstname.lastname@example.org
Right to be Informed
As a Data Subject, you have the right to be informed of the use that your Personal Data will be put to, along with details of Trigo Tech AS data Controller and your rights.
Where you provide your Personal Data directly to Trigo Tech AS, these details will be made available at the time your data is obtained.
Right to Access
Data Subjects have the right to access and obtain a copy of your Personal Data held and processed by Trigo Tech AS, on request.
You exercise this right through the submission of a formal, written Subject Access Request, to do this please contact us, the details are at the bottom of this website.
Right to Rectification
You have the right to request Trigo Tech AS to correct inaccurate or incomplete Personal Data.
Right to Erasure (to be Forgotten)
You have the right to request TrigoTech AS to erase your Personal Data from its systems and records.
This is not an absolute right however and does not normally apply to purposes covered by Legal Obligation or which is necessary for the performance of a Contract.
Right to Restrict Processing
Data Subjects have the right to request Trigo Tech AS to stop or restrict the processing of your Personal Data. This could be for example, if your Personal Data is no longer necessary for the purpose of processing.
Right to data portability
You have the right to request a copy of the Personal Data which you have provided directly to Trigo Tech AS, which is automatically processed in a portable format.
Right to object
As a Data Subject, you have the right to object to the processing of your Personal Data, where Trigo Tech AS relies upon Legitimate Interest as the lawful basis for processing.
If you are unhappy with how your Personal Data is processed by Trigo Tech AS, you have the right to complain to Trigo Tech AS. If you remain unhappy, following Trigo Tech AS response to your complaint, you have the right to lodge a further complaint with Datatilsynet, the address is PO Box 458 Sentrum NO-0105 Oslo.
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How to change your settings for cookies used on www.trigo.no.
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