The information contained in our apps and services is intended exclusively for members of the medical professions within the meaning of Section 10 of the German Drug Advertising Act (HWG) and is accordingly protected against unauthorized access by medical laypersons by entering a DocCheck/onkowissen.de/high5md account. All information provided in our offer corresponds to the current state of scientific knowledge with special consideration of the applicable medical guidelines and the legal requirements for product information. The information is regularly reviewed and, if necessary, adapted and expanded.

Our apps and services serve exclusively as a scientific information basis for the therapy management of the specified diseases and have no medical purpose themselves. The apps and services do not qualify as a medical device in the sense of § 3 number 1 of the German Medical Devices Act (MPG), as they are neither suitable nor intended to prescribe or replace individual diagnostic and/or therapeutic decisions, to calculate individual data or to process these with regard to an individual treatment decision. All medical decisions regarding the diagnosis and treatment of patients are the sole responsibility of the responsible physician. The apps and services are not a substitute for clinical judgment, and a medical decision may not be based solely on results from our apps and services.
Use of the apps and services is permitted for scientific purposes only, not for promotional purposes.

The publisher's apps (onkowissen.de/immunowissen.de/high5md.com) are available for download from the Apple App Store for iOS and the Google Playstore for Android. The terms and conditions for applications of Apple and Google do not apply to the publishers. The publishers are solely responsible for the content of the respective apps and services as well as their maintenance and care, and for any legal claims directly related to the respective app.
By installing and using the App, you confirm that you agree to these Terms of Use. If you do not agree to the Terms of Use, you may not install or use the App (or you will need to delete it) and nor may you use the associated services and systems. This does not affect any rights under open-source licenses relating to the App’s source code. You are responsible for compliance with the terms of use if you give the device on which the app is installed to third parties for use.

Rights of use

You are hereby granted a limited, non-exclusive, non-transferable, and revocable licence, which may not be sub-licensed, to use the App for your own personal, commercial, or scientific purposes.
The license for the iOS version of the App covers use on any Apple device owned or controlled by you, subject to the applicable terms and conditions of the App Store. You may also access and use the App via other Apple accounts linked to your own Apple account via Family Sharing or volume purchasing.

You may make copies of the App for backup purposes. You are not granted any further rights to the App.

Ownership of the App

The apps and services is the sole and exclusive property of the publishers or its licensors, subject to the rights granted to you under this Section.

You are hereby granted a limited, non-exclusive, non-transferable, and revocable license, which may not be sub-licensed, to read the content for your own personal, commercial, or scientific purposes.

What is not allowed

You may not manipulate or change the App.
You may not use the apps or the content for improper purposes.
You may not use the content for any purpose other than the intended use of the apps on your device. You may only access the content via the Apps or websites.

Important Information About Availability and Changes

No legal claim to specific functionality

The App is made available to you in the form in which it is published by publisher. The publisher accepts no responsibility for the operability of the apps and services and does not agree any specific properties or qualities with you. You have no legal claim to specific functionality or any other quality of the apps and services. The publisher is entitled to make changes to the apps and services at any time and to remove entire features or parts thereof or to add extra features to the apps and services.

No guarantees of availability or usability

The publisher may restrict or suspend the operation of the apps and services at any time. You have no legal claim to the continued availability of the apps, services, content or any associated services and systems, as regards either individual features or the system as a whole.

The publisher does not guarantee the availability or usability of the content.

These may be temporarily unavailable due to maintenance or disruptions and may also be unavailable for longer periods of time. In such cases, the functionality of the apps and services will be partially or completely restricted.

Changes to these Terms of Use

The publisher reserves the right to make changes to these Terms of Use. If you do not agree to the changed Terms of Use, you will no longer be able to use the apps, services and its content and you will need to uninstall the apps from your device.

No Warranty

The publisher determines both the features and the design of the apps and services.
The publisher does not agree any specific quality with you and you have no legal claim to the incorporation of certain features in the apps and services or to these being designed in a certain way. The apps and services are provided in the condition and with the features as implemented by the publisher when the apps are published in the Apple App Store or on Google Play or the content is published on the websites and other platforms.
The publisher will exercise reasonable care when providing the apps and services and hosting the content. The publisher makes no other promises or assurances with regard to the apps and services or the content. In particular, it does not warrant that:

• you will be able to use the apps and services or the content without any interruption or errors,
  
  
• the apps and services and its content will not be subject to any losses, corruption, attacks, viruses, interference, hacking or other security-related disruptions.
  

You are responsible for backing up your device and any systems connected to it, including all other apps stored on your device.

Special Terms For The IOs Version Of The App

The following terms apply if you obtain the App from the Apple App Store and use it on the iOS operating system.

Maintenance and support

The publisher of the App is solely responsible for the App’s maintenance and support in line with these Terms of Use. Apple assumes no obligation to provide any maintenance or support services in respect of the App.

Apple not liable for disruptions

You may notify Apple in the event of disruptions affecting the App. To the extent legally permissible, Apple has no further obligations in the event of such disruptions.

Product liability

Apple is not liable for any legal claims by you or third parties in relation to the App or to the use or possession of the App, including

• product liability claims,
  
  
• claims based on the App not meeting statutory or regulatory requirements, and
  
  
• claims under consumer protection and data protection laws or similar laws, including claims in connection with the use of the HealthKit and HomeKit frameworks.

Infringement of third-party intellectual property rights

In the event that third parties assert claims due to the infringement of intellectual property rights by the App or your possession or use of the App, Apple shall not be responsible for the investigation, defence, resolution or fulfilment of such claims due to the infringement of intellectual property rights.

US embargoes and sanctions

In acknowledging these Terms of Use, you confirm that

• you are not in a country subject to an embargo by the government of the United States of America or deemed by the government of the United States of America to be a terrorist-supporting country and
  
  
• you have not been placed on a list of prohibited or restricted parties kept by the government of the United States of America.

Apple’s right as a third-party beneficiary

You acknowledge and accept that Apple is a third-party beneficiary under these Terms of Use and that Apple can therefore enforce these Terms of Use against you. The contracting parties retain the right to make changes to or cancel these Terms of Use, including Apple’s rights. This shall not require Apple’s consent.

Final Provisions

Intended use; blocking in cases of improper use

You may use the apps and services or the content only in line with their intended used. In the event of improper use of the apps and services or the content, the publisher reserves the right to ban users from accessing the apps and services or the content.

Third-party services

If you use third-party services in connection with using the apps, in particular those of telecommunication service providers for the provision of a data connection, you are responsible for the associated costs and complying with the relevant terms and conditions.

Applicable law

These Terms of Use are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods is excluded. This does not affect the statutory provisions on restriction of the choice of law and on the applicability of mandatory provisions, in particular those in the country in which you as a consumer are ordinarily resident.

Severability

Should any of these Terms of Use be or become legally invalid, this shall not affect the remaining provisions. The invalid provisions shall be replaced by any applicable statutory provisions. However, if this would constitute unreasonable hardship for one of the parties, the entire Terms of Use shall cease to be valid.

Limitation of liability

The contents of our apps and services were created with the greatest possible care and correspond to the state of science and technology on the day of their publication. However, the publisher does not guarantee the accuracy, completeness and timeliness of the content provided in our offer. For information on dosage, expert recommendations on therapy management, as well as any side effects, please refer to the Summary of Product Characteristics (SmPC) enclosed within the apps and the information contained therein. Any decision for treatment and therapy management of the respective entity is made by the treating physician.

Neither the publisher nor third parties involved in the development of the apps and services are liable for any damage or injury resulting from the use or inability to use them and their individual modules. The user accesses the information of our apps and services at his own risk and is obliged to implement the recommended therapy management only after his own examination and consideration under his own responsibility.

The sponsors have no influence on the content of our app and services. If off-label content (outside of the approval) is mentioned for active ingredients, this is marked and the underlying guideline or expert opinion, if applicable, is given as a reference.

1. General

high5md Ltd., operator of the high5oncology service, Kantstrasse 26, 97074 Würzburg, Germany is the publisher and the responsible party in terms of data protection law (hereinafter “publisher”) for data collection and processing in connection with all high5md apps and services (hereinafter “apps and services”).
onkowissen GmbH, operator of onkowissen.de, immunowissen.de and endowissen.de services, Kantstrasse 26, 97074 Würzburg, Germany is the publisher and the responsible party in terms of data protection law (hereinafter “publisher”) for data collection and processing in connection with all onkowissen.de, immnuowissen.de and endowissen.de apps and services (hereinafter “apps and services”).

The publisher of the apps and services takes the protection of personal data (for further explanation of terms, see below) very seriously and attaches great importance to protecting the privacy of the users of the apps and services.

The use of our apps and services is reserved for healthcare professionals in accordance with §10 of the German Drug Advertising Act (HWG). To use the apps and services, you need a personal registration for an onkowissen.de / high5md.com account or a DocCheck user account. An internet connection is required for the login. After successful login, the user name and password will be stored in accordance with the applicable data protection regulations. This serves to ensure an uncomplicated use of the apps and services by enabling the use of the apps and services without a new password request. The data collected for registration will not be passed on to third parties without your express consent. We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible. In addition, the publisher uses cookies in the Apps and Services for the operation of the local memory storage (for further explanation of terms, see below).

Please take note of the information below about the use of this app. If you have any further questions about the handling of your personal data, please feel free to contact our data protection officer: dsb@onkowissen.de
By visiting this app, you consent to the collection and use of information as described in this privacy policy.

2. Collection and processing of personal data

Personal data in general is information that can be used to discover a user’s identity. By definition, this includes only personal data as name, email-address and phone number.

The information provided by the apps and services is open to anyone with a valid onkowissen.de/high5md.com user account. When requesting a user account, proof of membership of a professional group as well as information regarding age-group, gender, profession and geographic region is required. If the App is being used on a mobile device, it is able to access the printing function (e.g., AirPrint for iOS) after corresponding approval by the user.

Personal data is collected for the purpose of improving our apps and services and is used and stored in accordance with the applicable data protection regulations. The data is not passed on to third parties. When you contact us via communication channels (for example, e-mail or telephone), you consent to us contacting you via the same communication channel, if necessary, in order to respond to your request.

3. Collection of usage data

Usage data is personal data about a user that is required to enable the apps and services to be used and to maintain the proper technical operation of the websites/apps, such as traceability in the event of attacks, debugging of scripts, and quality assurance — e.g., regarding malfunctions and errors. The usage data stored in log files continues to be stored for security reasons (e.g., to clarify acts of abuse or fraud). However, this data is only stored for a short period of up to 30 days, after which it is deleted. Data for which further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.

Usage data includes, for example, information such as browser type/version, operating system used, URL accessed, files accessed/amount of data transferred, host name of the accessing computer (IP address), date and time of the server request, available web pages visited, terms entered in the search engine, a referrer (the previously visited page) if such a referrer is transferred by the visitor’s browser, as well as voluntary information provided by the visitor’s browser — which is usually used, for example, to optimize the website display.

4. Cookies

Cookies are small, temporary text files that are stored on your computer as soon as you visit a website/app. Cookies are mostly used to facilitate navigation on websites/apps. On the other hand, cookies are also used to store a user’s Internet behavior and forward it to the creator. To operate the App, the publisher uses the local memory (local storage) of the respective browser/terminal device, which is linked to cookies. This type of cookie must therefore be permitted in order to use the favorites and login functions.

In addition, tracking cookies are used via Google Analytics (a web analytics service provided by Google, Inc.) to collect web/app statistics about the usage of the App. On behalf of the operator of this app, Google will use this information to evaluate your use of the website/app, compile reports on website/app activity and provide other services relating to website usage and internet usage to the website operator.

The information obtained through these cookies about your use of the website, including your IP address, is anonymized by using the appropriate settings (“_anonymizelp()” or equivalent function; this is known as IP masking) and transmitted to Google servers, usually in the USA, and stored there. Google will not under any circumstances associate your IP address with any other data held by Google. For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/.

You can generally prevent the setting of tracking cookies and the transmission and use of information collected by cookies (including your IP address) by Google Inc. by downloading and installing the browser add-on available free of charge at the following link: https://tools.google.com/dlpage/gaoptout?hl=de .
Optionally, you can also adjust the cookie setting that is valid only for this application using the buttons shown below.

If you do not generally wish to allow cookies, you can set your browser/device to display a message as soon as a cookie is to be stored, or you can block cookies generally. You can also delete cookies that have already been set. If you wish to restrict or block cookies stored on your device, you can do this via your browser/device settings. Information about this is available from your browser’s/devices’s help function. Comprehensive information about how to block cookies in many browsers is also available at www.aboutcookies.org.
However, we would point out that if you do this you will not be able to use all of the app’s functions to their full extent.
The following parameters, for example, are tracked with Google Analytics in both the web version and the mobile versions using two types of information: all page changes and self-defined events. This includes, for example, the following categories:

• Target group”: number of sessions, number of users, total page views, page views per session, average session duration, device/operating system, etc.
  
  
• Behavior”: number of visits to individual pages, average visit duration per page, etc.
  
  
• Events”: number of triggered actions — for this app, e.g.: app start, disclaimer yes/no, login successful yes/no, logout, favorites saved/deleted, external link opened, etc.
  

5. Security measures

We have taken extensive contractual, technical, and organizational precautions in accordance with the state of the art to ensure compliance with the provisions of data protection regulations and thus to protect the data we process against accidental or intentional manipulation, loss, or destruction, or against access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress.

6. Data transmission to third partie

Data is only passed on to third parties within the framework of legal requirements. We disclose user data to third parties only on the basis of consent granted pursuant to Art. 6 (1) lit. a) of the General Data Protection Regulation (GDPR) or other applicable data protection acts or if this is necessary for contractual purposes on the basis of Art. 6 (1) lit. b) GDPR or other applicable data protection acts or on the basis of legitimate interests pursuant to Art. 6 (1) lit. f) GDPR or other applicable data protection acts for the commercial and effective operation of our business. Insofar as any external service providers come into contact with your personal data, we have ensured through legal, technical, and organizational measures as well as through regular checking that they comply with the provisions of the data protection regulations.

7. Your data protection rights

Right to information, correction, deletion, restriction, data portability and complaint to the supervisory authority

You have the right to receive free information about what personal data has been stored about you.
You have the right to request the correction, restriction of processing, deletion, or blocking of personal data stored about you. If legal regulations do not permit deletion, your data will instead be blocked so that it is only accessible for the purposes of mandatory legal regulations.

If applicable, you may also exercise your right to data portability/data transferability. In addition, you have the right to object to the processing of your personal data or to revoke at any time any voluntary consent you may have given (see also below).

If you believe that your data has been processed unlawfully, you may file a complaint with the relevant supervisory authority — e.g., the supervisory authority in your usual place of residence, your place of work, or the place of the suspected infringement. For the EU and EEA countries, you can find a list of all supervisor authorities at https://edpb.europa.eu/about-edpb/board/members_en. The supervisory authority responsible for our company is: the Bavarian State Office for Data Protection Supervision, postal address: P.O. Box 606, 91511 Ansbach; tel.: +49 (0) 981 53 1300; e-mail: poststelle@lda.bayern.de.

If you wish to have your personal data corrected, blocked, or deleted, or to be informed about the personal data stored about you, or if you have any questions regarding the collection, processing, or use of your personal data, or if you wish to revoke any consent you have given, please contact us at the following e-mail address: dsb@onkowissen.de


Right to object and revoke consent

You have the right to revoke your consent to the processing of personal data with effect for the future at any time. Users of the apps and services can still exercise their right to object and can object to the processing of their personal data at any time.

8. Links to other websites

Our apps and services contain links to other websites. This data protection declaration applies only to the apps and services and does not apply to linked websites that are not owned and controlled by the publisher. We would therefore recommend that you carefully read the respective data protection policies of the third-party websites that you visit.

9. Deletion

The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the user data is not deleted because it is required for other, legally permissible purposes, its processing is restricted. This means that the data is blocked and is not processed for other purposes. This applies, for example, to user data that has to be retained for reasons of commercial or tax law.

10. Data protection officer

If you have any questions or complaints regarding our compliance with this data protection declaration, or if you have any recommendations or comments for improving our data protection practices, you may contact our Data Protection Officer directly:

Data Protection Officer of high5md Ltd.,
Kantstrasse 26, 97074 Würzburg, Germany
E-mail: dsb@onkowissen.de
Phone: +49-931-730416-0

11. Registration

Usage of the apps and services requires an onkowissen.de/high5md.com/Doccheck user account. To log in, the user must store a unique user name and password, since the apps and services contain information that may only be made available to health-care professionals. For your own security, please keep your password in a safe place. Please notify us immediately if your password is lost or stolen, or if you suspect any misuse.

12. Changes to the data protection notice

The publisher of the apps and services reserves the right to change this data protection policy at any time in compliance with the applicable data protection regulations. Should this be the case, you will be informed about it in good time.

13. Legal basis

The legal basis for the processing of personal data is your consent when registering for the apps and services as defined in Art. 6 (1) EU-GDPR or other applicable data protection Acts.

Status: March 2021

14. Privacy Policy User Agreement

As a user of these apps and services, I hereby confirm, I have read and agree to the Privacy Policy of High5md Ltd and onkowissen.de Ltd.