Clinical Physio attempts to ensure continuous, uninterrupted access to the site. Nevertheless, we are unable to guarantee that services will not be interrupted from time to time without notice, either due to unforeseen circumstances, or in the process of bringing you new features and services. Furthermore, you acknowledge that the nature of the services we provide may change from time to time without prior notice. You agree that you are solely responsible (and that neither Clinical Physio nor any third party has any responsibility for) your actions in relation to the website, as well as any breaches of your obligations under the terms and conditions of use. This extends to any consequences (including any loss or damage) which may arise to yourself, Clinical Physio, or any third party as a result of your actions. Clinical Physio reserves the right to refuse or cancel any person’s membership, without refund if they feel that said person has abused, violated or aimed to manipulate the terms of service, or for any reason they see fit. Sharing membership or log-in details with another person is strictly prohibited and may result in your membership being terminated without refund.
THE AGREEMENT: The use of this App and services on this website provided by Clinical Physio Ltd company incorporated in England, the United Kingdom, that sells Clinical Education (hereinafter referred to as “Platform“) is subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use website and App (hereinafter collectively referred to as “Platform“) and any services provided by or on this Platform (“Services”).
MEMBERSHIP AND ACCOUNTS
In order to access certain parts of the site, we require you to register using your name/ email. You must provide accurate and up-to-date information when subscribing, and ensure that you update it when appropriate. You agree that you are solely responsible (to Clinical Physio and to third parties) for all activity originating from your account. Passwords and confirmation codes issued to you, or created by you should be kept confidential and never shared. If you become concerned that a breach of security or any unauthorised use has occurred on your account, you should contact the Clinical Physio administrators immediately.
“We,” “us,” and “our” are references to CLINICAL PHYSIO.
“User,” “You,” and “your” denotes the person who is accessing the Platform for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Platform.
” Platform” shall mean and include Clinical Physio and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
You must be at least 18 (Eighteen) years of age to use this Platform or any Services contained herein. By using this Platform, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
Clinical Physio sells Clinical Education products to individuals seeking career advancement. Through our Platform, e-learning programmes can be purchased. Participate in webinars and podcasts. Our products are for training purposes only, and nothing on our Platform should be construed as a recommendation for diagnosing or treating medical conditions. Furthermore, you are not permitted to share or distribute our materials unless we have given you written permission (i.e., one person per training module).
ACCURACY OF INFORMATION
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform should be taken to indicate that all information on the Platform or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
As a user of the Platform or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Platform and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You will be required to pay a fee if you wish to enrol in a specific course or obtain examination materials. This fee is dependent on the package you order, and payment is required prior to gaining access to any content.
Please note that if there is a discrepancy between the listed price and the price displayed at checkout, the higher of the two prices will apply. We reserve the right to cancel orders in the event of a pricing error or oversight. Moreover, we reserve the right to correct any pricing errors or mistakes at any time, and you agree to pay the total amount billed. Lastly, if we discover that you have shared the materials or courses without our permission, we may charge you the amount that we would have earned from each person with whom you shared this information.
Due to the nature of the services we provide, we are unable to guarantee any refunds, whether full or partial. This means that even if you sign up and make a payment, you cannot receive a refund if you do not download or use the services. If you are dissatisfied, you must first bring your dispute to us, as we take chargebacks that violate our policies very seriously. Please be advised that in the majority of states, using credit card chargebacks to receive free services from us is considered a criminal offence. Any fraudulent chargebacks will be reported to the perpetrator’s local law enforcement agency and forwarded to a collections agency for further action.
Refunds: These are intangible goods. As a result, once accessed, we cannot refund e-learning purchases. Refunds will only be given if we are unable to deliver the e-learning package you ordered. That our product will not be considered undeliverable solely because you did not have access to a computer with which to use it. This includes having compatible software and hardware with our e-learning packages.
The Platform permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the Platform, please do not post content that:
contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the Platform without advanced notice.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
You agree not to use the Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, Services, or general business of Clinical Physio.
You further agree not to use the Platform or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.
HYPERLINKING TO OUR CONTENT
Without prior written approval, the following organizations may link to our site:
Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
dot.com community sites.
Associations or other groups representing charities, including charity giving sites
online directory distributors.
Accounting, law, and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that the link will not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s Platform.
If you are one of the organizations listed in paragraph 2 and would like to link to our Platform, please contact us at [email protected]. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:
By using our company name, the URL (web address) being linked to, or any other description of our Platform or material that makes sense within the context and format of the linking party’s site.
No use of the Clinical Physio logo or other artwork will be allowed for linking absent a trademark license agreement.
You agree that the Platform and all Services provided by us are the property of Clinical Physio, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
To make the Platform and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Platform (“Your Content”). We claim no further proprietary rights in your content.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
Health Information: The Platform and Services provide information about the general principles of Clinical Education and its associated disciplines and are not intended as a working guide to patient care, drug administration or treatment. You understand and agree that this information is not meant to be a substitute for the advice of a physician or other licensed and qualified medical professional. You should not use any information on the Platform and Services to diagnose health problems or administer treatment. You should always consult a physician prior to taking any action based on the medical or health-related information found on this Platform. Information on the Platform and Services may refer to drugs, devices or techniques which are subject to government regulation, and it is the responsibility of the treating practitioner to comply with all applicable laws. We do not assume any liability for any injury and/or damage to persons or property arising from the material contained on the Platform or Services.
Educational Use Only: No commercial use of the Platform, Services or Content is permitted. This includes the use of knowledge, information, and facts in the research and related medical and scientific applications. We stand by our e-learning products. No guarantee can be made that a user will pass the associated exams or achieve any level of success. We teach the fundamentals to help you excel in your medical career, but we cannot guarantee specific results. As a result, you acknowledge that we are only providing educational programmes for your benefit and do not guarantee your exam success.
All content included in or made available through any Clinical Physio, such as text, graphics, logos, button icons, images, digital downloads, and data compilations, is the property of Clinical Physio or its content suppliers and protected by the United Kingdom and international copyright laws. The compilation of all content included in or made available through any Clinical Physio is the exclusive property of Clinical Physio and protected by the UK and international copyright laws.
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Clinical Physio’s policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances.
Removal of Content; Suspension or Termination of Account
Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Clinical Physio site or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on the Clinical Physio site or otherwise hosted by Clinical Physio.
Copyright Infringement Notification
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.
All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages to the United Kingdom. The UK Copyright Act (CA) or similar laws may be applicable in other countries.
Copyright Infringement Counter-Notification
If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Clinical Physio’s sole discretion.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Clinical Physio and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Clinical Physio. Clinical Physio reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clinical Physio in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Clinical Physio Platform, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Clinical Physio, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You consent to the exclusive jurisdiction of a court of competent jurisdiction in London, United Kingdom, to hear any dispute arising out of or relating to this Agreement.
If you bring a dispute outside the scope of this section, you agree that we may move to dismiss it and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements.
You agree that if you file a claim against us and the court rules in our favour, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements incurred as a result of the claim.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree that your use of the Platform and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Platform or Services will meet your needs or that the Platform or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Platform or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Platform or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GOVERNING LAW AND JURISDICTION
This Platform originates from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. By using this Platform, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected]. This document was last updated on May 7, 2022
You may likewise decide not to give us “discretionary” Personal Data; however, please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
What private data do we collect from the people who visit our platform?
When enlisting on our platform or buying services as suitable, you could be approached to type in your name, email, or different subtleties to assist you with your experience.
When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:
Account Data: To use certain features (like Paid or unpaid Services), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, and name, and assign you a unique identifying number (“Account Data”).
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, email address, job title, billing address or demographic information like your hometown. You consent to give us this information by providing it to us voluntarily on our platform. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our platform.
Financial Data: Financial data is related to your payment methods, such as credit card or bank transfer details. We collect financial data to allow you to purchase or exchange services from our platform. We store limited financial data. Most financial data is transferred to our payment processor, PayPal, Stripe, and you should review these processors’ Privacy Policies to determine how they use, disclose, and protect your financial data.
Contact information. An Authorized User is required to provide some contact information (e.g., an email address) when making an account on the Services.
We do not knowingly collect data from or market to children under 13 years of age.
We do not knowingly solicit data from or market to children under 13 years of age. By using the platform, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the platform. If we learn that personal information from users less than 13 years of age has been collected, We will take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 13, please contact us.
We may obtain certain information through your social media or other online accounts if they are connected to your Clinical Physio account. If you login to via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service, we may collect your name, profile picture, account ID number, login email address, location, the physical location of your access devices, gender, birthday, and list of friends or contacts.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, YouTube, and Twitter, which may include your name, your social network username, location, email address, age, gender, and profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.
If you access or use our Services or buy services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.
Automatically collected information about your use of our Services or tools,
This information is registered automatically with the visit by the own configuration or manual of each tool on the platform
When you visit, connect with, or utilize our service, we may gather, record, or create specific specialized data about you. We do so either autonomously or with the assistance of third gathering Service Providers, including using “cookies” and other following innovations.
We automatically collect certain information when you visit, use or navigate the platform. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our platform and other technical information. This information is primarily needed to maintain the security and operation of our platform and for our internal analytics and reporting purposes.
The information we collect includes:
Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our platform, which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, settings, and information about your activity on the platform (such as the date/time stamps associated with your usage, pages, and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or another device you use to access the platform. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
How do we use your details?
We process personal data to operate, improve, understand, and personalize our services. We use personal data for the following purposes:
To fulfil or meet the reason you provided the information (e.g., to help provide our Site services to you).
Allow you to attend the webinars and podcasts.
To communicate with you about the Services, including Service announcements, updates, or offers.
Correspond with you; and
Compile anonymous statistical data for our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on our website or mobile app; and
Analyze trends to improve our platform and offerings.
To personalize and develop our site and the services we provide you and improve our offerings.
To provide certain features or functionality of the services on the site.
For marketing and promotions.
To create, maintain, customize, and secure your account with us.
To personalize your experience and deliver content and services relevant to your interests.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
To prevent illegal activity, fraud, and abuse.
To help our site that will be ready to serve you better.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
As noted in the list above, we may communicate with you if you’ve provided us with the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us, which helps us improve our services. If you do not want to receive communications from us, please indicate your preference by emailing us at [email protected].
You can exercise any of the rights described above in the “What are your choices and how can you exercise them?” section above directly by sending an email to [email protected].
If you are submitting a request on behalf of another person, you must provide proof that you have been authorized by the individual to act on his or her behalf. In certain circumstances, we may ask the individual to verify his or her own identity directly with us. Please note that we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
How to opt-out
When you engage us for the Services or make inquiries about our Services, you will be requested to provide your consent to us to send promotional material to you. You may stop the delivery or “opt-out” of future promotional emails by following the specific instructions in the email you receive.
Do Not Track
Currently, various browsers — such as Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites visited by the user about the user’s browser DNT preference setting. Clinical Physio does not currently commit to responding to browsers’ DNT signals concerning the Company’s Web sites, in part because industry groups have adopted no common industry standard for DNT, technology companies, or regulators, including no consistent standard of interpreting user intent. Clinical Physio takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
: These cookies are necessary for the platform to function and cannot be switched off in our systems. They are often set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms.
: These cookies enable the platform to provide enhanced functionality and personalization. They may be set by third-party providers whose services we have added to our pages or by us.
: These cookies allow us to count visits and traffic sources to measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site.
: These cookies may be set through our site and used to build a profile of your interests and show you relevant adverts on other sites.
GDPR-Customer data processing appendix:
Customer Data” means any personal data that Clinical Physio processes on the Customer’s behalf via the Services, as more particularly described in this DPA.
“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, EU Data Protection Law and Non-EU Data Protection Laws.
GDPR-EU data protection law
“EU Data Protection Law” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and (iv) in respect of the United Kingdom (“UK“) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.
“Europe” means, for this DPA, the European Union, the European Economic Area and/or their member states, Switzerland, and the United Kingdom.
“Non-EU Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); and the Brazilian General Data Protection Law (“LGPD “), Federal Law no. 13,709/2018.
“SCCs” means the standard contractual clauses for processors as approved by the European Commission or Swiss Federal Data Protection Authority (as applicable), which shall be applied only to transfers of Customer Data from the European Union.
“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.
“Services Data” means any data relating to the Customer’s use, support, and/or operation of the Services, including information relating to volumes, activity logs, frequencies, bounce rates, or other information regarding emails and other communications the Customer generates and sends using the Services.
Parties’ roles:If EU Data Protection Law or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that concerning the processing of Customer Data, the Customer is the controller and is a processor acting on behalf of Customer, as further described in Annex A (Details of Data Processing) of this DPA.
Purpose limitation: Clinical Physio shall process Customer Data only following Customer’s documented lawful instructions as outlined in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the agreement sets out the Customer’s complete and final instructions to Clinical Physio concerning the processing of Customer Data. Processing outside the scope of these instructions (if any) shall require a prior written agreement between the parties.
Prohibited data. The customer will not provide (or cause to be provided) any Sensitive Data to Clinical Physio for processing under the Agreement, and Clinical Physio will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. To avoid doubt, this DPA will not apply to Sensitive Data.
Customer compliance: Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Clinical Physio; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Clinical Physio to process Customer Data for the purposes described in the agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and how Customer acquired Customer data. Without prejudice to the generality of the preceding, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent, or managed through the service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
The lawfulness of Customer’s instructions:The customer will ensure that United Kingdom processing of the Customer Data by Customer’s instructions will not cause Clinical Physio to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Clinical Physio shall promptly notify Customer in writing unless prohibited from doing so under EU Data Protection Laws if it becomes aware or believes that any data processing instruction from Customer violates the GDPR or any UK implementation of the GDPR.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws to your data.
You may have the following rights: –
A. Request access to your data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.
B. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide.
C. Request deletion of your data. This enables you to ask us to delete or remove personal data where there is no good reason to continue processing it. You also have the right to ask us to delete or remove your data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
D. Object to processing your data where we are relying on a legitimate interest (or those of a third party). Something about your situation makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object to processing your data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, overriding your rights and freedoms.
E. Request restriction of processing of your data. This enables you to ask us to suspend the processing of your data in the following scenarios:
If you want us to establish the data’s accuracy.
Our use of the data is unlawful, but you do not want us to erase it.
You need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
G. Request the transfer of your data to you or a third party. We will provide your data in a structured, commonly used, machine-readable format to you or a chosen third party. Note that this right only applies to automated information; you initially provided consent for us to use or used the information to perform a contract with you.
H. Withdraw consent at any time where we are relying on consent to process your data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not provide certain services to you.
How do we protect your details?
We have implemented industry-accepted administrative, physical, and technology-based security measures to protect against the loss, misuse, unauthorized access, and alteration of personal information in our systems. We ensure that any employee, contractor, corporation, organization, or vendor who has access to personal information in our systems is subject to legal and professional obligations to safeguard that personal information.
We do not use vulnerability scanning and/or scanning to PCI specifications.
We use regular Malware Scanning.
Your individual information is comprised behind secured systems and is merely accessible by a restricted number of folks who’ve special access privileges to such systems and must keep the information confidential carefully. Furthermore, your resource’s very sensitive/credit information is encrypted via Secure Socket Layer (SSL) technology.
We implement several security measures whenever a user gets into, submits, or accesses their information to protect your individual information.
While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 per cent secure. Therefore, we cannot guarantee its absolute security.
Clinical Physio prohibits unauthorized access or use of personal information stored on our servers. Such access is a violation of law, and we will fully investigate and press charges against any party that has illegally accessed the information within our systems.
Limitation of liability
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
We make no legal representation that the platform or services are appropriate or available in locations outside the United Kingdom. You may access the platform from outside the United Kingdom. At your own risk and initiative and must bear all responsibility for compliance with applicable foreign laws.
Governing Law and Jurisdiction
This platform originates from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. Using this platform, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim to arise under or because of these terms. You hereby waive any right to trial by jury arising out of these terms.
Changes to this privacy notice
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us at [email protected].