1. Your Consent (PLEASE READ CAREFULLY)
2. Children’s Privacy
We do not intend to and do not knowingly collect Personal Information (as defined below) from children under the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that children under the age of eighteen (18) are not using the Services. If we learn that we collected Personal Information from children under the age of eighteen (18) we will delete that information as quickly as possible. Please contact us at firstname.lastname@example.org if you have reasons to suspect that we collected Personal Information from children under the age of eighteen (18) and we will delete that information as quickly as possible. It is hereby clarified that the Submissions/Physician Submissions should not include information regarding children under the age of eighteen (18).
3. Which information we may collect on our Users?
We may collect two types of information from our Users:
A. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is accessing or using the Site or Services. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Site or Services, User’s ‘click-stream’ or searches on the Site, heatmaps, referring / exit pages and URLs, type and version of browser and keyboard language, the hardware specifications of the User’s device (including screen resolution and screen orientation), time spent on various pages of the Site, etc.
B. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
◦ Users of the Site may automatically provide their IP address (or Mac Address, as applicable) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below.
◦ Users who are interested in opening an Account are required to provide the following details: full name, country, zip code, e-mail address, date of birth, gender, general or specific areas of interest (e.g. upper/lower body, etc.), categories of interest (e.g. cosmetic surgery, dermatology, plastic surgery, body contouring etc.) and a password. The Users may also choose to provide us with the following details: ethnicity or specific procedure interest.
◦ Alternatively, you can open an Account by integrating your existing third party accounts (such as, Facebook) (“Social Network Account”) with your Account. If you authorize such integration, then certain information contained in your Social Network Account may be transmitted into your Account (e.g. log-in information, your public profile, profile picture, list of friends and followers, likes/dislikes, number of views or other information which is detailed in the notice which appears during the integration process with your Social Network Account).
◦ Using the Services may generate Personal Information, including without limitation: articles saved by the User before or after the log-in or registration process, information the User provides while using the Interactive Areas, including interactions with other Users (if such function is made available by SOFWAVE ).
◦ The Services include a feature that enables Users to find and contact physicians (usually those located in the User’s geographic area). When using this feature, you voluntarily provide the physician with your full name, email address, telephone number and your desired treatment.
◦ You may voluntarily provide Personal Information in your Submissions/Physician Submissions or when you fill the Contact Form on our Site.
◦ When a physician opens an Account, he/she will be required to use certain online payment methods which require him/her to provide to the online payment service providers certain Personal Information (such as, a credit card number and other related billing information).
4. How Do We Collect Information on Our Users?
We collect and store information, either independently or through the help of third-party service providers when you use the Site or Services and when you voluntarily disclose information on the Site. By way of example, when you open an Account, fill out the Contact Form, use the Interactive Areas or provide any information with your Submissions/Physician Submissions; we may collect and save such information. Please note that your Submission/Physician Submissions, especially those uploaded or shared within the Interactive Areas are non-confidential, become publicly available and may be collected, used or redistributed by others through the internet and other media channels.
5. What are the Purposes of the Collection of Information?
Non-personal Information and Personal Information are used for statistical and research purposes and allow us to improve the quality of the Site and Services (e.g. discovering User preferences and trends allows us to customize and enhance our Services) and offer future commercial services. Personal Information is also collected in order to:
• Send Users commercial content or advertisements.
• Verify the User’s identity when signing in to the Site or Services, as well as verifying a User’s identity for the purpose of dealing with inappropriate interactions of Users and/or fraudulent use of our Services.
• Be able to contact Users for the purpose of providing them with technical assistance and support.
• Enable our Users to find and contact Physicians
6. Transferring Information between Jurisdictions
The SOFWAVE Site and Services are hosted in the United States and are mainly directed to Users in the United States. If you are a User accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, you are transferring your personal information to the United States and you consent to that transfer.
7. Sharing Information with Third Parties
We may share certain information we collect from you with third parties (in the U.S. or in other countries) (i) for the purpose of processing or storing your information on our behalf; and (ii) for commercial purposes. You may choose to limit or prevent the sharing of certain Personal Information with third parties in the settings of your Account.
8. Deletion or Modification of Personal Information
9. Physicians Payment
10. Our Commitment to Data Security
We take reasonable physical, managerial and technical measures to maintain the security and integrity of our Users’ information, our Site and Services and prevent unauthorized access or use through generally accepted industry standard technologies and internal procedures. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity when you log-in to your Account and/or our Services. You are responsible for maintaining the secrecy of your unique password and Account information at all times. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when our Users enter, submit, or access their information in order to maintain the safety of our Users’ Personal Information. Our Users’ Information is hosted on the Azure Cloud servers which provide advanced strict security standards. If we learn of a security breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on our Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
11. Direct Marketing and Advertisements
12. Third Party Service Providers
13. Account Display Options
Your Account default settings allow us to display to other Users of the Site or Services information contained in your Account (including your Personal Information). In order to edit your display settings, you can log-in to the settings of your Account and choose which information will be displayed to others.
14. Links to Third Party Websites or Services
15. Cookies and Other Tracking Technologies
When you access or use our Site, we or our third party service providers may use industry-wide technologies such as “cookies” or other similar technologies, which store certain local information on your computer (“Cookies”) and/or track User usage patterns. Cookies allow the collection of Non-personal Information such as the different pages viewed by a User within Site, the duration of the browsing, etc. The cookies enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless. We and our third party service providers may use both session Cookies (which expire once the User closes the browser) and persistent Cookies (which stay on the User’s browser and may be used by the browser on subsequent visits to the Site, unless deleted by the User). Most browsers will allow you to erase cookies from your computer’s hard drive or from you device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Cookies you may use the settings of your browser. However, if you block or erase cookies our Services (and your User experience) may be limited.
16. Information for Individuals Residing in the EU
SOFWAVE is the “data controller” (the entity that determines the purposes and means of processing your personal data) for the Personal Information you share on the Site, and SOFWAVE can be contacted at email@example.com.
As described above, when you share your Personal Information on the Site, it is for the purposes of providing information you request (such as responses to your questions and newsletters/updates) and other purposes described above. The uses of your Personal Information are based upon your consent, and, with respect to collection and use of your IP address, SOFWAVE’s legitimate interests in operating the Site.
As a data subject, you have the right to request from SOFWAVE access to, rectification of, erasure of, and/or restriction of processing of your Personal Information. You also have the right to object to further processing of your Personal Information and to request that your Personal Information be transferred to a third party. To exercise any of these rights, please contact SOFWAVE at firstname.lastname@example.org.
You may withdraw your consent to the processing of your Personal Information at any time without such withdrawal affecting the lawfulness of processing that occurred before the withdrawal. You may unsubscribe to SOFWAVE newsletters by clicking the “Unsubscribe” button at the bottom of each newsletter, or you may email email@example.com to withdraw your consent to the processing of your Personal Information for which SOFWAVE relies on your consent.
SOFWAVE transfers Personal Information to Israel and, for such transfers, relies on the fact that the European Commission has determined that Israel provides adequate safeguards for protection of Personal Information.
If you have a concern with the handling of your Personal Information, you may lodge a complaint with the applicable Data Protection Authority in the country in which you reside; however, SOFWAVE asks that you first contact SOFWAVE at firstname.lastname@example.org so that SOFWAVE may attempt to fully address your concern.
Please see Section 15 of the Terms.
18. Got any Questions?
1. The Services offered on our Site
The Site and Services are designed for both physicians and consumers in the field of aesthetics and cosmetics. Opening an account allows you to enjoy the full scope of our Services. Physicians are required to pay for the use of our Services. The Services include (or may include) the following features:
• The collection and aggregation of up to date and useful information relating to physicians in the field of aesthetics and cosmetics (including, for example, editorial board commentary, breaking news in the industry, clinical reviews, scientific journal articles, ratings of such physicians, etc.);
• “Interactive Areas” on which consumers and physicians may connect with each other and share information (e.g. requests, questions, responses, comments, blogs or other chat features, recommendations, uploading content, photos, videos and other proprietary materials which may be related to the Services). All content uploaded by consumers shall be called “Submissions”. Physicians may also share “before and after” photos of treatments. All content uploaded by physicians shall be called “Physician Submissions”;
• Displaying or sending you commercial information related to the Services in accordance with your current geo-location.
The Site or Services include our proprietary content or licensed content of others, and may include additional resources such as FAQ and support, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Site or Services (collectively, the “Content”).
THE USE OF OUR SITE OR SERVICES MAY ENABLE CONSUMERS TO FACILITATE A CONNECTION WITH VARIOUS PHYSICIANS. SOFWAVE DOES NOT OWN, SELL, CONTROL, MANAGE, OPERATE, ENDORSE, SPONSOR, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH, THE VARIOUS SERVICES, PRODUCTS OR OFFERS WHICH MAY BE PROVIDED BY SUCH PHYSICIANS.
TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OR THE CONTENT OR THE SUBMISSIONS OR PHYSICIAN SUBMISSIONS.
YOUR USE OF THE SITE OR SERVICES IS ENTIRELY AT YOUR OWN RISK.
2. No Professional Relationship; No Medical Advice
The Site provides general information relating to the aesthetic and cosmetic industry for educative, informative and entertainment purposes. All such information is not intended to replace or complement any professional medical consultation, advice or treatment, which should be provided by a certified physician.
All information displayed on or through the Site or Services does not create any doctor-patient relationship. ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES RELATING TO YOUR HEALTH IS AT YOUR SOLE RESPONSIBILITY. It is always recommended to consult with a professional prior to making any decisions affecting your health.
3. Prohibited/Restricted Uses
You are welcome to read the information appearing on the Site, share information and connect with others on the Interactive Areas. You may use the Content, Site or Services only for personal, non-commercial uses, and may not use the Services to advertise or promote a product, service, procedure, business, or any other person. Without limiting the foregoing, you may not use the Services to post any Submissions:
• More than once (e.g. a comment or review should not be shared by you more than once);
• That are fabricated, false or misleading;
• That promote a medical product marketed, sold or distributed by you, your workplace or business, your employer or a person to whom you are related;
• That promote a medical service offered by you, your workplace or business, your employer or a person to whom you are related;
• That are for, on behalf of, or at the request of another person, if such other person would violate any of the above or below restrictions by uploading such Submissions.
• This will not be construed to prohibit physicians from uploading Physician Submissions in a response to content posted by consumers about their business; provided, that (a) the physician has opened an Account in accordance with the Terms, (b) the Physician makes clear that he or she is making a statement on behalf of the his/her business, (c) the Physician Submission is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about his or her business, and (d) the Physician Submission does not otherwise attempt to promote the physician’s business or serve any commercial purposes, as determined in SOFWAVE’s sole discretion. Additionally, you may not:
• Register for multiple accounts or use the account of another person;
• Use the Services or open an account if you are under 18;
• Impersonate any person or entity, falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, or express or imply that we endorse you or your business in any manner;
• Provide medical advice, consultation, recommendations or diagnosis via the Services;
• Use the Services in any way or for any purpose that is immoral, unauthorized or against any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction (e.g. encourage violence, self-harm, suicide, anorexia, bulimia, solicitation of minors);
• Upload or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of our or another’s privacy or publicity rights, infringing of our or another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
• Use the Services in any way or for any purpose that harms or endangers us or our affiliates, agents, resellers, licensors, subsidiaries, officers, directors, shareholders, employs, sub-contractors, distributors, service providers and/or suppliers (collectively, the “SOFWAVE Representatives”);
• Submit any data containing unsolicited promotion, advertising, contests or raffles;
• Attempt to interfere with or disrupt the ability to access or the operation of the Services or the servers or networks that host them;
• Remove or disassociate from the Content or the Site any restrictions and signs indicating proprietary rights of SOFWAVE or our licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
• To the extent you are a physician, provide a Physician Submission (including without limitation, the “before and after” photos and other personal medical information relating to your clients) unless the Physician Submission will comply with the HIPAA Privacy Rule and any other applicable state privacy requirements, as explained in Section 8 below;
• Bypass any measures we may use to prevent or restrict access to the Services;
• Use any data mining, robots, or other data collection methods in connection with the Site or Services (including the creation of databases);
• Make available in connection with the Services any viruses, worms, Trojan horse, spyware, bugs, malware, or any other harmful content;
• Use the Services in order to verify the credentials of physicians or for any other purposes for which the Services are not intended;
4. Intellectual Property
All of the intellectual property rights (including without limitation , inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Site and the Content (other than the Submissions and Physician Submissions) (“Intellectual Property”) are owned by us and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.
The intellectual property rights in or to the Submissions or the Physician Submissions must be owned by you or licensed to you and not conflict with any third party’s rights or any applicable laws. Physicians (or users, if applicable) must receive all consents and authorizations required by law regarding the use of their respective Submissions (including without limitation, under applicable privacy laws or regulations). YOU AGREE THAT ALL INFORMATION UPLOADED OR SUBMITTED BY YOU IS NON-CONFIDENTIAL AND THAT IT MAY BE MADE PUBLICLY AVAILABLE ON OR THROUGH OUR SERVICES.
You grant SOFWAVE an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate any of your feedbacks, comments or suggestions regarding our Services into our current or future products, services or technologies; all without compensation or your approval.
You grant to SOFWAVE a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, store and to use your Submission/Physician Submission, in connection with the Service, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving our Services. You also grant us permission to attribute you in connection with your Submission/Physician Submission. You hereby waive any rights of privacy or publicity in this respect.
Physicians must also follow all HIPAA Privacy Rule and applicable state privacy requirements and must refrain from uploading, posting or submitting personal medical data which might be considered as protected health information (see Section 8 below), unless such uploading, posting or Physician Submission would be allowed under those laws and regulations and the Physician has obtained the necessary and appropriate authorization and consents. We will not assume any liability in this respect.
7. Flagging Content
If you believe that the contents shared by others are inappropriate, offensive, violent, and sexually inappropriate or infringe copyrights, you may bring such content to our attention by using the “flagging” icon.
If you believe that any content infringes your copyrighted work, you may send us a notice to email@example.com that will include the following information (a) a description of your copyrighted work; (b) proof that you are the owner of the copyrighted work; (c) a description of the material that you believe to be infringing your copyrighted work and that should be removed or blocked; (d) your contact details; and (e) a statement that the information you provided is accurate . Once we receive the notice, we may take actions in our discretion, including the removal of the alleged infringing material.
8. Linking to our Site and Links to Third Party Websites or Services
You are free to establish a link to our Site on your rightfully owned properties as long as the link does not state or imply any connection or approval of SOFWAVE to your website, products or services or portray SOFWAVE in a false or offensive manner.
You agree that SOFWAVE is not responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource, or any damage or loss relating to your interaction or dealings with third parties. We reserve the right to terminate any link at any time.
9. Limitation of Liability
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
We may accept advertisements from third-party advertisers or others. We make no warranties or representations concerning such advertisements. You understand and agree that you are not entitled to any compensation or remuneration with respect to these advertisements.
12. Children’s Restricted Use
We reserve the right to request proof of age at any stage so that we can verify that minors or children under the age of eighteen (18) are not using the Service. If we become aware that a person under the age of eighteen (18) is using the Service, we will prohibit and block such person from accessing or using the Service.
We reserve the right to stop, temporarily or permanently, the operation of the Site and Services without notice, at any time. All information (ours or yours) made available on the Site or Services may be removed or deleted and you are required to make your own copy of any information you submit to our Site or Service. SOFWAVE will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Site or Services or any malfunctions that may occur in connection thereto.
14. Suspension; Termination
Non-paying Physician’s Accounts may be terminated, as stated in Section 4 above.
Upon termination, by you or us:
• You will cease any further use of the Services and any information that was made available to you prior to the termination;
• Certain data (e.g. Content, Submissions, Physician Submission) may be deleted and you will have no right or claim in this respect;
• The provisions of these Terms that by their nature must survive the termination shall so survive (without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Liability, Limitation of Liability, Indemnification, Jurisdiction and “General” sections will survive the termination of these Terms).
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Any claim relating to the Site or Services or their use will be governed by and interpreted in accordance with the laws of the State of Delaware, U.S.A without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to the Site or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Delaware, U.S.A. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction
17. For information, questions or notification of errors, please contact: