TERMS & CONDITIONS
iCat Solutions Ltd (8680808) Last Reviewed: 14 February 2022
Ownership and Licences
User-contributed image content
All rights in any image content which you contribute to the App (i.e. radiology cases, including but not limited to X-rays, CT, MRI, ultrasound, angiography, images, diagrams and photos, but specifically excluding all text content) (Image Content), are unless otherwise agreed by iCat Solutions in writing at the time you contribute, become the property of iCat Solutions and you assign to iCat Solutions, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights) (Image Content Licence). Unless otherwise agreed by iCat Solutions in writing, all such content is simultaneously licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence.
Other than in respect of Image Content contributed by you, iCat Solutions grants to you a sub-licence of the Image Content Licence to the extent necessary, and only to such an extent, for you to access and use the Apps. Image Content (other than Image Content contributed by you) may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the bounds of the modified CC licence below, without prior written permission from the contributing user, or if the contributing user has delegated such rights to iCat Solutions on their Account Settings Page then from iCat Solutions.
So that text content you contribute to iCat Solutions can be readily edited by other iCat Solutions users it is necessary that all rights to any text content which you contribute to the App — including but not limited to articles, case and image descriptions, multiple-choice questions, blog posts, playlists, tutorials, and all communications you transmit to anyone through App (Text Content) — become the property of iCat Solutions and you assign to iCat Solutions, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights).
Unless otherwise agreed by iCat Solutions in writing, all such content is simultaneously licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence.
You may modify Text Content in good faith and in the legitimate use of the App, but Text Content may not otherwise be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the scope of this licence, without prior written permission from iCat Solutions.
• has been collected by you in a diligent and professional manner and in accordance with the Privacy Act 1988 (Cth);
• is de-identified such that the identity of each patient to whom Your Content relates is not identifiable or reasonably identifiable;
• comprises legitimate and original content such as, but not limited to radiographic images (CT, US, MRI, X-rays, DSA etc..), photos, diagrams and illustrations and that these have not been in any way copied from any secondary source; and
• will not infringe any third party intellectual property rights when used on, or in connection with, the App.
Moral rights etc
Despite any provision to the contrary at law or under the CC Licence, you consent to iCat Solutions making, and allowing third parties to make, any use of Your Content which would otherwise infringe any non-assignable personal rights which may subsist in Your Content.
Modifications to CC Licence
You acknowledge that the CC Licence is amended as follows, in respect of Your Content (irrespective of when you posted Your Content). Despite any contrary provision in the CC Licence:
• iCat Solutions will endeavor to ensure appropriate attribution is made or is not made (as the case may be), but will not be liable in any way for failing to make appropriate attribution or failing to comply with any request to remove any attribution;
• iCat Solutions may:
◦ accept commercial sponsorship;
◦ charge Users for registering for, accessing or using the App and/or for access to certain modules of Image Content and Text Content on the App;
Scraping or otherwise automated copying of content
Horos Mobile™ is not designed or intended to be used as an imaging data-set for Machine Learning/Artificial Intelligence research, nor is it available for bulk download using an automated script or robot or any other process whereby many cases are downloaded.
We reserve the right to block any unauthorised automated access and to take any other measures deemed necessary to protect the intellectual property rights of the content contributed by users and the stable operation of the App.
App Intellectual Property Rights
All rights in all software, designs, arrangements, graphics pertaining to the Apps belong to iCat Solutions.
All trademarks, product names, and company names and/or logos displayed on the App are either trademarks or registered trademarks of iCat Solutions or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of iCat Solutions.
Notice of Inappropriate Use
Last Reviewed: 14 February 2022
Our commitment to privacy
The information we collect about you
User Information is information that is provided by you to us when you register with the App, including your:
• Username and password
• First name
• Position title (professional)
• Email address
Additional information including, but not limited to, your city, institution(s), qualificationsmay be collected by us if you elect to enter that information during the registration process or subsequently by editing your account settings page. Information regarding how you interact with the App may also be collected by us and linked to your account, including, but not limited to, the number of cases uploaded, edited or otherwise contributed by you.
Usage Data includes general information about how you interact with the App. This is collected using analytics (or similar technologies) placed by us and others. Usage Data includes:
• pages you visited on the App
• which particular buttons or links on the app you clicked
• whether you have been to the app before
• where you are located (country)
The way we use information
If you are a registered user, we also publish your User Information, excluding your email address, on your profile contained within the Apps. Other users may contact you via a ‘contact user’ link in your profile. However, when this link is activated and a communication window opens, your email address remains hidden to the user.
We may also use your User Information in the ways described below.
We use Usage Data to understand the online behavior of our users. In particular, using web analytics services on the Apps enables us to measure, collect, analyze and report on Usage Data for the purposes of understanding and optimizing users’ experiences on the Apps. It also enables us to focus our marketing activities, which, in turn, help us to develop the Apps.
Geographical location information contained in the Usage Data enables us to tailor your experience on the Apps by displaying different content based on your location, such as local advertising offers, and content in your local language.
Who we share the information with
Usage Data is also either collected directly by, or disclosed to, certain other providers during the course of a session using App for use by those other providers for a range of purposes, including to:
• distribute direct marketing materials from iCat Solutions (such as via MailChimp)
• connect to social networks (such as via links to Twitter, Facebook, Google+ and other Apps within the Apps)
• pay commission to our affiliates (see below)
We share User Information when you have opted in to receive direct marketing material (e.g. via Customer.io) and, if you are a registered user, to other users of the Apps via your user profile.
Over the past 12 months, we have disclosed personal information to third parties for the following purposes (note that not all of these will apply to everyone):
• distributing direct marketing materials from Radipaedia using third-party providers (for example, MailChimp)
• collecting information necessary to pay commission to our affiliates (see below)
• connecting your account to third-party payment providers (such as Stripe.com; only if you have chosen to do so by becoming a iCat Solutions Supporter or purchasing a course)
There also may be times when we are legally required to disclose personal data, such as to regulators, law enforcement bodies, government agencies, courts or other third parties where we think it’s necessary to comply with applicable laws and regulations or to exercise our legal rights.
Information Transferred or Stored Overseas
Many of those other providers are located overseas and Usage Data disclosed to them may be stored on servers located overseas. Similarly, while we operate out of Australia and may store Usage Information and Usage Data on servers located there, some may be stored on servers located overseas and/or managed by third parties.
When we do transfer data, we will make sure that there are appropriate safeguards in place to protect your personal data.
For individuals in the European Union (EU), this means that your personal data will be transferred outside of the EU. EU personal data will only be transferred to countries that have been identified as providing adequate protection for EU data (such as New Zealand) or to a third party where we have approved transfer mechanisms in place – this means that we have either entered into an appropriate Data Processing Agreement or by ensuring that the entity has appropriate data protection in place.
For further information about how each of the other providers referred to above handles personal information (which may include your Usage Data and User Information), we recommend that you visit their respective websites and read their respective privacy policies.
A Note on Affiliate Links
Our Apps contain various affiliate marketing links, which mean that we may be paid commission on sales of the products and services that are listed on those Apps. These links do not influence the editorial content posted on the Apps in any way.
When you click on an affiliate link, a cookie is placed to help optimize the affiliate program. Some Usage Data is sent to our affiliate partners.
Anonymity of cases/images
If you become aware of any case from which you feel you (as a patient) or another person is reasonably identifiable, please contact us immediately at *************************.
Information which should NOT appear on any patient cases uploaded to App (based on HIPAA guidelines) includes, but is not limited to:
• date of birth
• address, including full or partial postal code
• telephone or fax numbers or contact information
• e-mail addresses
• unique identifying numbers (e.g. UR, MRN, HID etc..)
• vehicle identifiers
• medical device identifiers (e.g serial numbers)
• web or internet protocol addresses containing any link to the patient
• biometric data
• facial photograph or comparable image
• names of relatives
• date of the study
Additionally, if a case is, for one reason or another, unique in such a way that could lead to the identification of an individual from the images alone, then it should not be uploaded. This means that a case which has, for example, been featured in the media or shows particularly rare symptoms is usually inappropriate for upload. Similarly, the textual information accompanying the text should also be devoid of identifying information, and devoid of other unnecessary information which could aid in the identification of a patient.
Our commitment to data security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
How you can access or correct your information or opt-out
Online tracking by Us and Third Parties
Please note that at present we do not change what we do based on whether you have the Do Not Track setting (if available) enabled in your web browser and that setting will not prevent us from collecting Usage Data or authorizing other providers to do so.
Cookies, Your say and How to 'Opt-out'
You can contact us to request access to the User Information, and any other personal information, that we may hold. We will respond to your request within a reasonable period (and if you are in the European Union, within 30 days) and provide you with access, except in certain limited circumstances. You may request us to correct any personal information that is not accurate, up-to-date, complete, and relevant or is misleading, and we will change it where reasonable to do so. For further information about access and correction, or if you have any complaints or concerns about how we manage your User Information or Usage Data, please contact us at the details provided below.
If you no longer wish us to process your User Information, Usage Data or IP Address Details for certain purposes, you can do any or all of the following:
• opt-out of receiving online communications from us by clicking the ‘unsubscribe’ link at the bottom of the newsletter, advertisement or other communication (as applicable)
• delete existing cookies from your web browser and/or disable cookies on your computer and/or other devices (as appropriate). Depending on the particular browser you are using (e.g. Google Chrome, Safari, Internet Explorer, Mozilla Firefox), this can usually be done on your computer by accessing your ‘Browsing History’ through the ‘Settings’ or ‘Options’ menu (or equivalent) in your web browser, or if you are using a different device, then in the ‘Settings’ for that device. If you do not disable cookies in your web browser, and you subsequently visit our website, fresh cookies are likely to be placed and you may need to repeat the process of deleting existing cookies
• alter your ad preference settings in each of Google and Facebook, and on the Apps of other providers, if you have access to do so
• opt-out of the collection of Usage Data via App by third parties who are members of the Digital Advertising Alliance (aboutads.info/choices and aboutads.info/PMC) or Network Advertising Initiative (networkadvertising.org/choices/#completed) and following the appropriate prompts
If you disable cookies in your web browser, delete existing cookies, or take other steps to ‘opt-out’, the Apps may not work properly and your experience with the Apps will be less personalised and may be less enjoyable. Deleting existing cookies from your web browser may also cause it to lose recorded information for other websites, such as previously used usernames and passwords.
Your withdrawal of consent for us to use your information for certain purposes may mean that we can no longer provide the Apps to you.
Your personal data belongs to you, and you have the right to:
• know what personal data we hold about you
• make sure that all personal data is correct and up-to-date
• ask us to correct any personal data
• object to our continued processing of your personal data
If you no longer wish to receive any online communications, just let us know by clicking the ‘unsubscribe’ link at the bottom of any marketing communication we send you.
Links and Third-Party Content
Links to Other Web Sites
The Apps may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of "the sponsor” clearly identified) or recommendation by iCat Solutions of or affiliation or association of iCat Solutions with or responsibility of iCat Solutions for the linked Web sites or any content, Apps or products available on or through such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Links do not imply that iCat Solutions is, or its Associates are, legally authorized to use any trademark, trade name, product name, company name or logo displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, product name, company name or logo of ours or of any Provider.
Users must not post links to other Web sites, except when in the form of a link to a reference textbook or journal in the reference field of articles. iCat Solutions reserves the right to remove, in its absolute discretion, any and all links from any part of App.
Links from Other Web Sites
iCat Solutions must approve all links to the Site in writing, except that iCat Solutions consents to links in which:
• the link, when activated by a user, displays the Site full-screen and not within a “frame” on the linked Web site, and
• the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by iCat Solutions or its Associates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of iCat Solutions or its Associates.
In any event, you agree that iCat Solutions reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which iCat Solutions's consent has been withdrawn.
The Apps may (from time to time) contain material, data or information provided, posted or offered by third parties, including advertisements or postings in online community discussions. You agree, to the maximum extent permitted by law, that neither iCat Solutions nor its Associates shall have any liability whatsoever to you for any such third party material, data or information.
Disclaimers and Limitations of Liability
To the maximum extent permitted by law, you expressly agree that:
1 your use of App is at your sole risk;
2 except as otherwise expressly agreed in writing, iCat Solutions and its associates expressly disclaim any implied or express representations or warranties of any kind relating to the use of the Apps;
3 without limiting the foregoing, iCat Solutions and its associates assume no responsibility for, and make no warranty or representation:
◦ as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of App (including any advice, opinion, statement or other content or any products or services distributed or made available by third parties through App);
◦ that confidentiality of information transmitted through App will be maintained;
◦ that App will be of merchantable quality, fit for a particular purpose or meet your requirements;
◦ that any access to, or use of, App will:
◦ not infringe any rights (including intellectual property rights) of any third party; or
◦ be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system;
◦ be uninterrupted or error-free or;
4 you must take your own precautions to ensure that whatever you select for your use from App is free of defects, viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of a computer system; and
5 iCat Solutions and its associates are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of App
Limitation of Liability
1 if the breach relates to goods
1 the replacement of the goods or supply of equivalent goods;
2 the repair of such goods;
3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4 the payment of the cost of having the goods repaired; and
2 if the breach relates to services:
1 the supplying of the services again; or
2 the payment of the cost of having the services supplied again.
To the maximum extent permitted by law iCat Solutions and its associates exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to or use of App (including liability for any special, indirect, consequential or incidental damages, including, damages for loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if same have been expressly advised of the possibility of such loss or damages).
iCat Solutions may, as it sees fit, for any reason or for no reason at all, without liability to you or any third party, terminate your account or your access to App App. If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your Account Settings Page and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason).
You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to firstname.lastname@example.org and we will implement your request promptly.
Governing Law; Venue and Jurisdiction
Effective Date, Amendment and Severability
How to find out about changes to these terms
The only changes we won't bother notifying anyone about are spelling mistakes, typos, grammatical changes and typographical changes provided these do not change the meaning of the Terms.