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Terms of Use

Latest version: 31 May 2019
Last updated: 23 January 2019

These Terms of Use (the “Terms”) govern your use of the websites, products, software, and services (the “Services”) owned by Virti Inc. (the “Company”). These Terms are important and effect your legal rights, so please read them carefully. By accessing or using the Services, you agree to be bound by these Terms, the Privacy Policy and the Cookies Policy, which are incorporated herein by reference.

By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside. By accessing or using the Services, you represent and warrant that you have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services. If you do not agree to every provision of these Terms in their entirety, do not access or use the Services.

These Terms may be revised at any time for any reason, and Company may provide you notice of these changes by any reasonable means, including by providing notice through the Services. You can determine when we last updated the Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Services, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Services to review these Terms. If you do not agree to the revised Terms, do not access or use the Services.

Restrictions on use of the services
Company may suspend your access to the Services in the event you utilize the Services in violation of these Terms. The Services are controlled and operated by Company from its offices within the United States. Company makes no representation that materials on the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Compliance with laws
You agree to use the Services for lawful purposes only and to comply with all applicable laws and regulations. The material provided on the Services is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Copyrights
The copyright in all material provided on the Services is held by Company, its affiliates, or by the original creator of the material. The contents of the Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the express permission of Company or the copyright owner, except that you may copy, download or print the materials on the Services for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Company’s permission, “mirror” any material contained on the Services or any other server. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in anyway exploit copyrighted material. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Services, including but not limited to customer identities. Use of any software available for downloading from the Services is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names in the Services are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited. Any unauthorized use of any material contained on the Services may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

Limitation of liability
THE MATERIALS IN THE SERVICES, INCLUDING MATERIALS IN LINKED SERVICES DIRECTLY OR INDIRECTLY ACCESSIBLE FROM THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY DOES NOT WARRANT THAT THE MATERIALS OR THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF YOUR USE OF MATERIALS FROM THE SERVICES, OR ANY LINKED SERVICES, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION. YOU EXPRESSLY AGREE THAT YOU USE OF THE SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

UNDER NO CIRCUMSTANCES SHALL WE, NOR OUR AFFILIATES, AGENTS, AND SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOST REVENUES, OR SIMILAR ECONOMIC LOSS), WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS AVAILABLE IN THE SERVICES OR ANY LINKED SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF, NOR FOR ANY CLAIM BY A THIRD PARTY. IF USE OF MATERIALS FROM THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF USER EQUIPMENT OR DATA, THE USER ASSUMES ANY COST THEREOF.

You agree to release, defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees) arising out of your use of the Services or your violation of these Terms.

Legal requirements; Privacy Policy
Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Services where it reasonably believes it is compelled to do so. Please see Company’s PRIVACY POLICY for additional information relating to the privacy and security of information collected hereunder.

Linked services
The Services may provide links or references to other websites or services (“Third Party Sites”) originating from other companies, individuals or organizations. However, the materials that can be accessed from such Third Party Sites are not maintained by us and we are not responsible for the contents thereof and we shall not be liable for any damages or injury arising from that content. Any reference to a linked Services or any specific third-party website, product, or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Feedback
Any communication you send to the Services or otherwise to Company by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing software and products, except as otherwise governed by separate mutually-executed agreement between you and Company. Notwithstanding the foregoing, all personal data provided to Company online, will be handled in accordance with Company’s Privacy Policy. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The sender of communications to the Services or otherwise to Company shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Modifications to the services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time.

Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

Governing law and jurisdiction
These Terms shall be governed in accordance with the laws of the State of Texas, excluding its conflict with laws provisions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Company at the following contact: legalnotices@strivr.com. Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via posting on the Services. Please report any violations of these Terms to Company at the contact listed above.

Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Miscellaneous
These Terms constitute the entire agreement between you and Company relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Questions
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@virti.com and we will try to resolve your concerns. your concerns.

Your privacy is important to us. This privacy statement explains what personal data VirtiHealth LTD ("Virti", "we", "us", "our") collects from you, through our products and how we use that data.
Virti serves a number of group of users in different ways. References to products in this statement include Virti services, which are offered through our websites and app.
Please read product-specific details in this privacy statement, which provide additional information about some Virti products.
This policy applies to any users of the services of Virti or its affiliates anywhere in the world, and to anyone else who contacts Virti or otherwise submits information to Virti, unless noted below.


1. Data Protection Principles
We are committed to complying with data protection law and principles, which means that your data will be:
Processed lawfully, fairly and in a transparent way;
Collected for specific, explicit and legitimate purposes stated in this policy and not used in any way that is incompatible with those purposes;
Adequate, relevant and limited to what is necessary for those purposes;
Accurate and, where necessary, kept up to date;
Kept for no longer than is necessary for those purposes; and
Processed securely.

2. Collection of Personal Information
Virti acts as the data controller for the information you provide or that is collected by Virti or its affiliates. Virti collects data to operate effectively as a business and to provide you, the user, with tailored services and products. You have choices about the data we collect. When you are asked to provide personal data, you may decline. But if you choose not to provide data that is necessary in order for us to provide services to you, you may not be able to use that product. We provide further information, below, on the types of personal data we obtain and how we use them, throughout your use of our service and products.

Data provided during account registration
At the registration process on the Virti platform, you are asked to provide the following information:
Your first and last name
Your email address
Your profression
Your medical speciality
Your profile password
This basic information is necessary to complete your user registration and for you to use our app and services (for more information on what we use your data for, see section 3) If you decline to provide this information during the registration process you will not be able to create an account on the app and use our services. We do not store additional personal information captured on onboarding processes of legacy products, e.g past versions of the app collected additional information that we do not collect anymore. Virti reserve the right to confirm the accuracy of registration data for medical verification purposes using external third party sources, such as publicly available sources such as open government databases or other data in the public domain. In order to optionally complete your Virti profile, we ask for you to also provide your registered hospital. We do not specifically ask for location data but we do infer your location based on your IP address during registration and for opt-ins. In addition to IP address, our platform automatically collects data about your device, including the model, platform, locale code and UUID (universally unique identifier). If you are a surgeon or organisation contributing content through one of our platforms, you will be asked for your email address which we will store, along with your questionnaire responses, in accordance with this policy.

App and service engagement data
When you begin to use our app or services, we monitor engagement and feature usage on our platform by recording every interaction you have with products you are registered on. This includes, but is not limited to, page visits, surgical content viewed and assessments taken on our platform (including performance metrics associated with assessments such as score and duration).

Cookies and other data collection technologies
Virti uses cookies and similar technologies on our online services to allow us to store your personal preferences and settings; optimise login processes; maintain a high level of security and to monitor and analyse performance of our online services. On our website, we may use traffic log cookies to track pages you view. The purpose of this is to analyse web page traffic in order to further optimise the journey users must undertake to access content that is relevant to them. You may adjust the settings on your browser to refuse cookies, however, this may lead to limited access to our online services. In addition to cookies, we may log information about your device, including the existence of cookies, your IP address and information about your browser. The purpose of this information collection is to diagnose service issues and to administer and track your usage of our platforms.

Third party aggregate data
Our third parties may gather non-persona digital properties to enrich aggregate analytics, including Firebase-Fabric, Braze, AppSee and Google Analytics.

3. How Virti uses Personal Information
Virti uses your personal information for the following reasons:

To operate effectively as a business and to perform essential business operations, including developing and providing products optimised for medical professionals.
We are motivated to provide products which offer outstanding resources for medical professions, including verified surgical content and resources tailored to a users specific role, stage of training, location and medical specialty. To enhance your enjoyment and productivity on our platform, we endeavour to identify and recommend the most relevant content through personalised notifications, based on your profile and recent activities. To ensure your experience with our products is seamless, we continuously re-examine and iteratively optimise user journeys on our platform. We infer your location from your device IP address in order to geo restrict certain content on our platform. Product issues, identified by users and communicated through customer support, are effectively diagnosed and resolved using data collected from interactions on the platform. Decisions on product development and evaluations of product performance are based on aggregate analysis and business intelligence based on non personal data. All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal data in line with our policies. We only allow them to process your personal data for specified purposes and in accordance with our instructions. In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

To deliver communications of personal interest including product and content releases, motivational training prompts and in response to product queries or support requests.
Direct communications Communications sent by Virti come in the form of emails to the email address provided by you during the registration process and through notifications delivered to your device. Virti may send you communications relating to new and existing product and content releases and updates. We send such communications so that you are aware of changes we are making to the content or features of our products, or new releases, which could affect the usefulness of our core services to you. Third party communications We will ask you during registration whether you want to receive third party communications such as promotional material related to furthering your training outside of our platform. You, of course, have the right to opt out of such email communication at any time by using the unsubscribe link, found at the bottom of every email, or by updating your account setting in the app. Virti will not send you communications unrelated to its core services, unless you specifically tell us you are interested in receiving them.

To inform commercial partners of aggregate engagement and interactions on branded content hosted on our platform.
Some surgical content on our platform may be created in partnership with a medical device or pharmaceutical partner, incorporating a branded device. We share aggregate (non-personal) engagement metrics with our partners to allow them to track the quantity of users viewing and interacting with their content. Metrics can be aggregated by profession, medical specialty, location and hospital affiliation. Additionally, we share aggregate (non-personal) performance metrics of assessments related to their content. Commercial partners use shared metrics only for the purposes of product development and improving delivery of content and training to medical professionals. We will never share your personal information with commercial partners without your explicit consent, which we would obtain separately. You will be informed clearly and in a transparent manner, what type of personal data will be shared. Circumstances where we share your personal information include, but are not limited to, registering your interest for targeted campaigns placed in our products on behalf of our commercial partners. Examples of campaigns include registering for conferences and training events, connecting with a medical device specialist and for marketing research purposes. In order for the commercial partner to verify you as a medical professional and contact you, we will share your name and email address, but only with your explicit permission. Please note that Virti adheres to the NAI, a set of self-regulating principles that require companies to provide notice and choice with respect to Interest-Based Advertising and Ad Delivery and Reporting activities. Moreover, we adhere to the Digital Advertising Alliance (DAA) and European Interactive Digital Advertising Alliance (EDAA) and the Digital Advertising Alliance of Canada (DAAC).

To track and report your performance on relevant Virti training tools to a curriculum/teacher/tutor/program director, with your prior knowledge and consent.
If you accept an electronic invitation to a part of an organisation (or training body), you grant Virti permission to share your Virti profile and relevant activity metrics on the Virti platform with the owner(s) of the organisation. Owners of organisations include, but are not limited to academic institutions, medical device companies and pharmaceutical companies. Activity metrics are limited to content on the platform that belongs to the curriculum. You have the right at anytime to opt out of a curriculum by given written request to privacy@virti.com.

4. Choices and Transparency
In this section, we have summarized the rights that you have under data protection law. The information we provide in this section is a brief summary of your rights under data protection law and you should still read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. Your principal rights under data protection law are:
the right to be informed;
the right of access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to data portability
the right to object; and
rights in relation to automated decision making and profiling.
You have the right to confirmation as to whether or not we hold or process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data, or do one of the following:
We may ask you to verify your identity, or ask for more information about your request; or
Where we are legally permitted to do so, we may decline your request, but we will explain why if we do so.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data being unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary, for example: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims. You have the right to request that your personal data is no longer processed for example, due to the inaccuracy of the data or the reason for the data being processed. If you have given additional consent for your data to be shared to a third party, including academic institutions, medical device companies and pharmaceutical companies, you have the right to withdraw this consent at anytime. You have the right to request that your personal data be transferred to another party. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. If you opted in to third party marketing communications when you registered, you may opt-out at any time within the app, or by emailing privacy@virti.com. Lastly, you will not be subject to decisions that will have a significant impact on you based solely on automated decision-making. You may exercise any of your rights in relation to your personal data by written notice to us or by any of the methods specified in section. To contact us in relation to any of these requests, please use the email address privacy@virti.com.

5. Duration of Data Retention
Virti retains personal data for as long as necessary to provide our products and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, and enforcing our agreements. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly. The general rule that establishes a baseline for data retention is the length of time required to store and analyse the data for the purpose it was collected (as described in section 3). Moreover, we are required to maintain appropriate business records, including records of surgeon assessments used for compliance.

6. Information Security and International Transfers
Virti is committed to protecting the security of your data by endeavouring to ensure appropriate technologies and processes are maintained to avoid unauthorised access or disclosure. We utilise, for all data storage and processing purposes Amazon Web Services ("AWS") and for processing purposes Google’s G Suite and Braze. Specifically, all our AWS storage containers and databases are located in Ireland (EU) (with possible transit through US storage containers). We have offices in United States of America, Canada and New Zealand, therefore we may have to transfer your data out of the EEA. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards.

7. Changes to this Privacy Policy and Further Information
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at www.virti.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an app notification or email to the email address associated with your account. By continuing to access or use our services after those changes become effective, you agree to be bound by the revised Privacy Policy. If you would like further information about privacy at Virti, you will find more information, please contact us at privacy@virti.com

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