Amtsgericht Regensburg: HRB 15004
DE 301767926
Liability disclaimer/Release from liability
1. Liability disclaimer
This application (app) was created with the greatest possible care. Despite this, no guarantee
can be given for the freedom from errors and the accuracy of the information contained therein,
the programming or data security.
Any and all liability for damages that arise directly or indirectly from the use of this app is
excluded, insofar as it is not due to malicious intent or gross negligence. In the event of
damage caused by negligence - in particular property damage and financial losses - tomatomedical
international UG, Schwarzhölzlstr. 1, 93474 Arrach, Germany and its vicarious agents are
liable only in the case of violation of a material contractual obligation, but the amount is
limited to the foreseeable damage typical of this type of contract at the time of conclusion of
the contract.
Insofar as this app refers to Internet websites or services of third parties operated by third
parties, tomatomedical international UG assumes no responsibility for the content thereof.
2. Release from liability
The user of the app can voluntarily enter and process data (personal, health, insurance, advance
health care directives, organ donation data, etc.) and, if desired, can store these in a cloud and
transmit them to third parties while using this app. The app provider has no influence with regard
to this use.
The data saved on the mobile device or in the cloud are not suitable for diagnosis.
In order to be able to use the app abroad, you must activate data roaming and have access to a
mobile data network with your mobile device.
I herewith undertake to indemnify the app provider tomatomedical international UG, Schwarzhölzlstr.
1, 93474 Arrach, Germany, against claims of third parties asserted by these due to damage in
conjunction with my use of the app; this applies in particular in compliance with data protection
and privacy and copyright law. Furthermore, I undertake to pay for my own damages myself.
Tomatomedical gives no guarantee for correctness of the included translations with the exception of German and English.
Tomatomedical accepts no liability for damage of the user which occure by virtue of a translation error.
This release does not apply to harm to life, limb or health arising from a breach of obligation
with malicious intent or negligent breach of obligation by tomatomedical international UG , any
of its organs, representatives or vicarious agents.
Furthermore, the release does not apply to property damage and financial losses arising from a
breach of obligation with malicious intent or grossly negligent breach of obligation by
tomatomedical international UG , Schwarzhölzlstr. 1, 93474 Arrach, Germany, any of its
organs, representatives or vicarious agents.
Data protection & privacy declaration
Last revised: 01.2018
Data protection official:
Alexander Bugl
Bugl & Kollegen GmbH
Eifelstrasse 5
93057 Regensburg
E-Mail: datenschutz.bugl@tomatomedical.com
1. Consent
By consenting to this data protection and privacy declaration, you agree to permit us to use your
personal data in the cases highlighted in bold print and underlined in this data protection and
privacy declaration for the purposes described therein. Your consent applies in particular to the
collection, storage, use and disclosure of your data as described in the relevant highlighted
sections of this data protection and privacy declaration.
2. Collection of data and responsible office
This data protection & privacy declaration informs you about which personal data are collected and
processed by the provider during your use of the application (hereinafter referred to as app) with
regard to the type, scope and purpose. Data are personal when they can be unambiguously assigned to
a certain natural person. Youll find the legal basis for data protection and privacy in the German
Federal Data Protection & Privacy Act (BDSG) and the German Telemedia Act (TMG).
When you use the Emergency App, you will remain anonymous unless you voluntarily enter personal data
and make it available. In the context of this data protection and privacy declaration, we use the
designation personal data for information that can be assigned to a certain person and used for
the identification of this person (e.g. name, address, e-mail, telephone number, IP address, health
information, insurance data and similar information).
Personal data are collected, used and forwarded if this is legally permitted or if the users consent
to the data collection.
Each registered user is responsible for his own data entered in the app.
The Emergency APP is a service of tomatomedical international UG . Should you have questions
regarding the collection, processing or use of your personal data, for information, correction,
blockage or deletion of data, please contact the responsible office:
tomatomedical international UG
Schwarzhölzlstr. 1
93474 Arrach
Phone number: +499943943375
E-Mail: info@tomatomedical.com
3. Collection of personal data
You can download the Emergency App without having to set up a user account. When you share your
personal data by entering them, you have decided not to remain anonymous.
With your agreement to this data protection and privacy declaration and the entry of your personal
data, you declare your consent to these data being transmitted to our servers in the Federal
Republic of Germany and other servers around the globe, e.g. in the United States, and stored there.
No medical or social data is stored outside of Germany. All cloud servers are located in Germany.
We collect the following types of personal data to enable you to use and access our websites,
applications, services and tools, to provide you with a more personalized and better user experience
and to adapt content and advertising:
a. Automatically recorded data
When you access our app, information is occasionally automatically collected (i.e. not via
registration), which is not assigned to a certain person (e.g. the operating system used, number of
visits, average time spent on the website, publications retrieved). We use this information to
determine the attractivity of our application and to improve its performance and content.
b. Data provided by youn
We record and store data that you enter in the Emergency App or forward to us during the use of our
websites, applications, services or tools. These include:
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data that you provide when setting up a user account or the registration for one of our
services, such as your e-mail address, telephone number, mobile/cell phone number, postal
address and health and insurance information (depending on the service used, further
information and data such as organ donation, patient power of attorney etc.).
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data transmitted in the context of community discussions, chats, clarification of problems
and correspondence/feedback via e-mail/fax/post.
c. Location data
The app requires access to the location of your mobile device in order to determine your location in
an emergency. Data concerning your location will be used only for processing your inquiry. Your
location data is transmitted via an encrypted connection. On most mobile devices you can control or
deactivated the location services in the Settings menu. When external crash sensors are integrated
in the system, your current location (GPS position) is recorded, in order to be able to inform
assistance services accordingly.
4. Use of personal data
The collection and use of personal data by the app is carried out for the purpose of giving you
access to the use of our services, applications and tools, to perform the desired customer service
and to provide you with relevant information about your user account.
By consenting to this data protection and privacy declaration, you agree that we can use your
personal data to:
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give you access to the applications, services and tools and to perform the desired customer
service via e-mail or by phone;
to adapt, to measure and to improve our services, content and advertising;
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to compare the data for accuracy and to check it with the assistance of third-party
providers;
to inform you about about targeted marketing campaigns and
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advertising offers in accordance with your notification settings;
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to personalize, analyze and improve our advertising in accordance with your adaptation
settings.
5. Use of Google Analytics and Google AdSense
This app uses Google Analytics, a web analysis service of Google Inc. (Google), and Google
AdSense, a service for integrating advertising from Google Inc. (Google). Google Analytics and
Google AdSense use so-called "cookies", which are text files stored on your device you use for the
app (mobile/cell phone, tablet, etc.) that facilitate an analysis of your use of the app. Google
AdSense also uses so-called Web beacons (invisible graphics). With these Web beacons, information
such as the rate of visitor traffic on the pages of this site can be analyzed.
The information about your use of this app (including your IP address) generated by cookies and app
beacons and the delivery of advertising formats are generally transmitted to a server in the United
States and stored there.
Google will use this information to analyze your use of the app. Google may also transmit this
information to third parties, insofar as this is legally required or insofar as third parties
process this information on behalf of Google. When AdSense is used, a cookie is set by Google and
the IP address is transmitted to Google without the possibility of anonymizing the IP address. In
addition, Google AdSense tracks and saves individual user behavior.
By using this app you declare your consent to the processing of the data collected about you by
Google in the manner described above and for the aforementioned purpose.
6. Disclosure of your data by us
We disclose personal data as required to the legally permissible extent in order to comply with
statutory requirements, to implement our principles of pursuing complaints about offers or content
that infringe the rights of third parties, and to protect the rights, the property or the security
and safety of others. As stated above, we will not disclose your personal data to third parties for
marketing purposes without your explicit consent.
We also have the right to forward your personal data to the following recipients:
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service providers commissioned by us to assist us in our business operations (in particular
advertising agencies).
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other third parties (e.g. physicians, health insurance companies, other insurance companies)
to whom we send your data at your explicit request (or about whom you were explicitly
notified and to whom you gave corresponding consent when using a particular service).
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other companies in conjunction with planned mergers, takeovers or company acquisition. In
the event of such a merger, we will demand compliance with this data protection and privacy
declaration with regard to your personal data from the newly merged company.
7. Access to, editing and correction of your data
You can retrieve, review, edit or delete most of your personal data by logging into your user
account. You are obligated to make any required changes or corrections to your data yourself without
delay.
8. Revocation, duration of data storage, data deletion
Personal data entered in the app are stored only until the purpose for which you provided them to us
has been fulfilled. You are free to delete the entered data; this may restrict the use of the app.
You can revoke your consent to the use of your personal data in accordance with this data protection
and privacy declaration at any time with effect for the future by deleting your user account. You
can undertake the deletion yourself in your user account.
9. Advertising
The app is available in various versions and can be extended. The free version of the app as well as
several additional tools can be used only when advertising is integrated. The integration of the
advertising can be prevented by using the extended/paid version of the app.
10. Security during data transmission, data transmission to a cloud
Please note that data transmission on the Internet can have security vulnerabilities. Complete
protection of data against access by third parties is not possible. Data is SSL-encrypted and
transmitted on servers in the Federal Republic of Germany. With the app you can use an upload tool
from your mobile device (smartphone, tablet) to store data (e.g. patient CDs with X-ray, CT and MRI
images in DICOM format, etc.) in a cloud and use the app to access these data anywhere and at any
time you can go online.
11. Dispute Arbitration
Dispute Arbitration according to Art. 14 Par. 1 ODR-VO: The European Commision provides a platform for Online Dispute Arbitration.
You can find it at
http://ec.europa.eu/consumers/odr/.
12. Change in the data protection & privacy declaration
In the event of changes to this data protection and privacy declaration, we will inform you of the
changed data protection and privacy declaration as well as the date on which it takes effect via an
update.
Should any ambiguities or cases of doubt arise and with regard to all claims or legal disputes, the
German version of the terms and conditions apply exclusively, never the English version.