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Plain English Summary

Welcome to your Patients Know Best (PKB) account. This is a summary of our account service agreement with you.

Patients Know Best (PKB) provides software to help patients manage their own health information. PKB puts you, the patient, in control of all health information about you that is added to PKB. PKB enables you, the patient, to control who can use this information with you.

To start using your PKB account, a PKB customer (e.g. your hospital) will verify your identity. And you must agree to this Account Service Agreement.

You must be at least 13 years old or have approval from your parent or legal guardian. You can stop using the Patient Access Service at any time and you own the copy of the data in your record.

You must obey the law, choose a secure password, and notify PKB or our customer of any security problems. You are responsible for information you input into PKB.

If you find a problem with data within your PKB record from a PKB customer, e.g. your hospital doctor, please contact that clinical team. If you find a problem with data you entered into PKB, e.g. symptoms, messages and output from home devices, please contact PKB directly via help@patientsknowbest.com

Questions related to data protection and privacy can be addressed to Patients Know Best at:

David Stone

Patients Know Best

St John's Innovation Centre

Cowley Road Milton

Cambridge

CB4 0WS

Email: dpo@patientsknowbest.com

Patients Know Best’s complaint procedure is documented here.

Last Updated: February 2022

Full Patients Know Best Account Service Agreement

1. What the Service Agreement Covers

At Patients Know Best we store patients’ data for our customer institutions (“Customer Institutions”), along with software and service tools that help Customer Institutions to manage the data (“Provider Service”). References to your customer institution in this Service Agreement mean the legal person who employs the clinical, health or care staff who perform healthcare services for you. Your customer institution will ask you to read this Service Agreement if it uses the Provider Service. This Service Agreement sets the terms and conditions that apply between the patient (“you”) and Patients Know Best (“we”, “us”, “our”) in relation to the Provider Service. Under the Provider Service, Customer Institutions who use PKB with you will each store their records about you with PKB, for use by your teams of professionals. You cannot access your data directly, yourself, via the Provider Service.

When a Customer Institution uses the Provider Service, you also have the opportunity to receive a service directly from us. This service (“Patient Access Service”) allows you to access data relating to you directly, along with tools to help you manage the data and who can access it. You can start using the Patient Access Service by confirming to us or the Customer Institution that you want the service, and by helping the Customer Institution or us to verify your identity.

This Service Agreement applies to Patients Know Best Account software and service including updates that you use while this Service Agreement is in force. The Patients Know Best software and service, the Provider Service and the Patient Access Service are referred to collectively in this Service Agreement as the "Service", and the account where your personal data is stored and accessible within the Service is referred to as the “Account”.

Please note that we do not provide warranties for the Service. The Service Agreement also limits our liability. These terms are in sections 9 and 10 and we ask you to read them carefully.

2. How you May Use the Service

You must be an authorised user of certain participating institutions to be eligible to use the Patient Access Service. You must be at least 13 years of age, unless your use of the Patient Access Service is approved by your parent or legal guardian as part of the process of signing you up and verifying your identity. You may start using the Patient Access Service as soon as you have finished the sign-up and verification process. Support is available via help links. You may cancel the Patient Access Service at any time. You are able to store materials for use in connection with the Patient Access Service. The materials you store on your Account are yours. You may only transmit and store content that is legally permissible and appropriate for the Service.

In using the Service, you will:

  • obey the law;

  • obey any codes of conduct or other notices we provide;

  • keep your Account password secret; and

  • promptly notify us if you observe a security breach related to the Service.

  • Help Patients Know Best maintain a healthy and vibrant environment by reporting any illegal or inappropriate behaviour.

3. How You May Not Use the Service

In using the Service, you may not:

use the Service in a way that harms us or members of our group of companies (including our parent companies and their other subsidiaries, as well as our own subsidiaries) or our affiliates, resellers, distributors, and/or vendors (collectively, the "Patients Know Best Parties" and each individually, a “Patients Know Best Party”), or any customer or user of a Patients Know Best Party;

  • use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam")

  • use any automated process or service (such as a BOT, a spider, periodic caching of information stored by Patients Know Best, or "meta-searching") to access and/or use the Service;

  • use any unauthorised means to modify or reroute, or attempt to modify or reroute, the Service

  • damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone's use and enjoyment of the Service; or

  • resell or redistribute the Service, or any part of the Service.

4. Intended Use of Service

The Service is intended for you to use to conveniently access and manage your personal data relating to your health via the Account. You may decide to authorise others, including Customer Institutions, to have access to your personal data via the Service. The information that you access via your Account may not always be accurate or up-to-date and you should verify its accuracy with your appropriate Customer Institution before you act on the information. The accuracy of data and information and the timescales within which it is inputted into the Service is the responsibility of the Customer Institution or other legal persons who input the data or information into the Service.

5. You Are Responsible For Your Account

Only you may use your Account. You are responsible for all activity that takes place with your sign-in credentials. Non-personal and commercial Accounts are prohibited on the Service in the absence of additional signed agreements with Patients Know Best that explicitly allow such Account use.

6. Privacy.

We consider your use of the Service to be private. However, we may access (or permit access to others, where lawful) or disclose information about you, your Account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential breaches of this Service Agreement, including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Patients Know Best, its employees, its customers or the public. By using the Service you consent to the access and disclosures outlined in this section 6.

We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.

In order to help us to provide and further develop the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy notice.

7. Software

You will not copy, disassemble, decompile, or reverse engineer any software, code, script or content included in the Service, except and only to the extent that the law expressly permits this activity. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

8. Patients Know Best Authentication Network

We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties who use our authentication network. This Service Agreement applies to you whenever you use the credentials you obtained with the Service. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for more than 12 months. If we cancel your credentials, your right to use our authentication network immediately ceases.

9. We Make No Warranty

There are lots of factors that can affect whether or not the Service is available, including the availability of your internet connection. The accuracy, quality or timeliness of your information is mainly determined by the accuracy, quality and timeliness of the people who supply or upload the information to the Service, which could be your healthcare provider, a laboratory, you, or others who you or your healthcare providers give permission to. Patients Know Best cannot, therefore, give a warranty in relation to the Service or the information.

We provide the Service "as-is," "with all faults" and "as available" (see: http://www.pkbstatus.com ). We do not guarantee the availability of the Service or the accuracy or timeliness of information available from the Service. You may have consumer rights under law that this Service Agreement cannot change. To the fullest extent permitted by law, we exclude any implied warranties including those of merchantability, fitness for a particular purpose, standards and non-infringement.

We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Patients Know Best. The Service stores records created by Customer Institutions and the Service does not itself provide medical or any other health or care advice, diagnosis or treatment. Always seek the advice of qualified professionals at Customer Institutions if you require healthcare advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of information you access on or through the Service.

10. Liability Limitation

The person responsible to you if you have a problem with the Service or your personal information used by the Service depends on what the problem is. In the first instance, you should approach your Customer Institution, who can investigate and either get the problem addressed for you or (if appropriate, where the health care provider believes the problem is our responsibility) raise the matter with Patients Know Best. For problems with Service availability you should always check your own internet connection is available, first.

The following paragraphs set out how far Patients Know Best is liable to you in any case where (a) you have a problem with the Service, (b) it is confirmed as resulting from Patients Know Best not meeting obligations that it owes directly to you (such as under data protection law), and (c) as a direct result you suffer loss or damage.

You can recover from Patients Know Best only direct damages if Patients Know Best is liable to you (as described above) and our liability to you cannot lawfully be excluded.

You cannot recover any other loss, damage or damages, including indirect, consequential, special, indirect, incidental or punitive loss, damage or damages, or lost profits. This means that, in each case, you cannot claim for such loss, damage or damages.

The above limitations apply in relation to:

  • the Service,

  • content (including code) on third party Internet sites, third party programs or third party conduct,

  • viruses or other third party content that affects your access to or use of the Service or any of your devices or other software or services,

  • incompatibility between the Service and other services, software or hardware,

  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and

  • claims for breach of Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, breach of statutory duty or other tort.

They also apply if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or

  • Patients Know Best knew or should have known about the possibility of the loss, damage or damages.

The above limitations and exclusions of PKB’s liability will apply to the fullest extent permitted by the applicable laws. We limit our liability in this way in view of the fact that the Service is provided without charge to you.

Questions related to data protection and privacy can be addressed to Patients Know Best at:

David Stone

Patients Know Best

St John's Innovation Centre

Cowley Road Milton

Cambridge

CB4 0WS

Email: dpo@patientsknowbest.com

Patients Know Best’s complaint procedure is documented here

11. Changes to the Service; If We Cancel the Service

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.

12. How We May Change the Service Agreement

We may change this Service Agreement at our discretion by posting new applicable terms and conditions. If you do not agree to the changes then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement. PKB will notify users of changes to this Service Agreement, acceptance therein is assumed if refusal is not submitted within 30 days of notification. Service Agreement refusals should notify PKB Support https://support.patientsknowbest.com .

13. Interpreting the Service Agreement

All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce part of this Service Agreement as written. If this happens, then we may exercise our right under condition 12 above and replace that part with terms that most closely match the intent of the part that we cannot enforce. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The headings used in the Service Agreement do not affect the interpretation of its terms and conditions.

14. Assignment; No Third Party Beneficiaries

We may transfer or assign this Service Agreement and/or the Services, in whole or in part, at any time with or without notice to you. For example if Patients Know Best were to be purchased by another company this agreement would transfer to them. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the Service. This Service Agreement is solely for your and our benefit (and the benefit of any person to whom we transfer or assign the Service Agreement and/or the Services). It is not for the benefit of any other person.

15. Management of Your Data

Your data and information stored and used in the Service is a shared electronic health record, which each of your participating Customer Institutions relies on. If you require a Customer Institution to change how they use your data or information, you must speak to the Customer Institution(s) who use the relevant data or information, and to Patients Know Best. Deletion or amendment of your data or information by one Customer Institution (or us) could result in other Customer Institution(s) (or us) losing data and information that they need for providing you with care (or the Services). For this reason, data will not be deleted, this is to ensure the integrity of medicolegal audit.

16. Notices We Send You; Consent Regarding Electronic Information

This Service Agreement is in electronic form. There may be information regarding the Patient Access Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:

  • by e-mail at the e-mail address you specified as part of your sign-up and identity verification for the Patient Access Service;

  • by access to a Patients Know Best web site that will be designated in an e-mail notice sent to you at the time the information is available; or

  • by access to a Patients Know Best web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will have a grace period of 14 days before being deemed given and received, this period will commence on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

17. Copyright and Trademark Notices

The Service and all contents of the Service are © Copyright Patients Know Best and/or its suppliers and/or contractors. All rights reserved. Copyright and other intellectual property laws and treaties protect all software and content provided as part of the Service. We or our suppliers and/or contractors own the title, copyright, and other intellectual property rights in the Service including the software and the content. Patients Know Best, Manage your Health, Patients Know Best logo, and/or other Patients Know Best products and Services referenced herein may also be either trademarks or registered trademarks of Patients Know Best in the United Kingdom and/or other countries. The names of actual companies and products mentioned in this Service Agreement may be the trademarks of their respective owners. All rights not expressly granted in this Service Agreement are reserved.

18. About Patients Know Best

Patients Know Best is a private company limited by shares, which is registered in the United Kingdom with company registration number 6517382. Its full name is Patients Know Best Limited, and its registered office is at St John's Innovation Centre, Cowley Road, Cambridge CB4 0WS.

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