Terms & Conditions
Effective as of July 01, 2021
The following Terms And Conditions (the “Agreement”) is a legal agreement between you (“you”) and Symptomatical Sp. Z. o.o., a legal entity registered under the laws of Republic of Poland (“Company,” “we” or “us”) for use of the the website www.symptomatical.com (the “Website”).
1. Acceptance of the Agreement
By accessing and using the Website, you are confirming that you have read and agree to be bound by these Terms and Conditions, Company’s privacy policy, and other notices posted through the Website. By this confirmation you warrant and approve that you have the power and authority to enter into this Agreement. If you do not acknowledge or agree with the above, you may not access or use the Website. We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Update of Agreement
From time to time, we may modify this Agreement. We will notify you by email or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Website after the effective date of modification of the Agreement will indicate your acceptance of the Agreement as updated.
3. Services
At the Website you may receive the certain recommendations or information related to the field of health-care (the “Services”).
The Services are provided solely to:
- assist you to identify the symptoms of possible diseases;
- provide you with advice where you can receive medical aid according to the identified symptoms or basic recommendations on how to act in the early stage of disease.
We do not provide any specific medical aid or recommendations on how to cure certain diseases. For this purpose, please contact a licensed medical organization or a certified specialist.
4. Registration and eligibility
To use the Website services, you need to create a personal account (the “Account”) and will be asked to provide certain personal information, which may include your name, date of birth, e-mail address, etc. This information will be held and used in accordance with our privacy policy, which can be found at https://www.symptomatical.com/documentation (the “Privacy Policy”). You agree that you will provide accurate and complete information to the Company, and that you will update that information promptly in case of any changes.
To create an Account and access the Website, you must be at least 13 years old (16 years old in EU) and not barred from using the Website under applicable law.
5. Unauthorized access to the Account
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to:
(1) control the use of Account sign-in name and passwords;
(2) authorize, monitory, and control access to and use of your Account and password;
(3) promptly inform the Company if you believe your Account or password has been compromised or if there is any other reason you need to deactivate a password. For this purpose, please send us an email at support@symptomatical.co.
6. Unlawful conduct
As a condition of using the Website, you agree not to use the Website for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Website and you shall obey all the local and international laws and regulations and any other applicable legislation. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you shall not:
(i) use the Services for any commercial purpose, outside the scope of Website purposes explicitly permitted under this Agreement;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the Services, without our express written permission;
(iii) permit other individuals to use your Account, including but not limited to shared use via a network connection, except under the terms of this Agreement;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our Website;
(v) deep-link to any part of the Website for any purpose without our express written permission;
(vi) frame, mirror or otherwise incorporate any part of the Website and Services into any other websites or service without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with the Services;
(viii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content.
Any such forbidden use shall immediately terminate your Account to use the Website.
7. Changes to the Website
From time to time and without prior notice to you, we may change, expand, and improve the Website. We may also, at any time, cease to continue operating part or all of the Website or selectively disable certain features of the Website. Your use of the Website does not entitle you to the continued provision or availability of the Website. Any modification or elimination of the Website or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
8. Children’s privacy and age restrictions
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.
If you are an EU resident, you shall be at least 16 years old in order to use the Website. To the extent prohibited by applicable law, we do not allow the use of the Website by EU residents younger than 16 years old.
If you are aware of anyone that does not comply with these limitations, please contact us at support@symptomatical.com, and we will take steps to delete or terminate his or her Account.
9. Copyright
All rights, title, and interest in and to the Website not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@symptomatical.com.
To avoid any doubts, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the Website, including but not limited to visual interfaces, interactive features, graphics, design and all other elements and components of the Website. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the Company’s content are retained by us.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Company by sending a notification to support@symptomatical.com.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
10. Use at your own risk
Some of our services are aimed to help to make certain health-care information more readily available and useful to you. However, the Website cannot and does not guarantee health-related improvements or outcomes. Your use of the Website and any information, predictions, or suggestions provided in the Website are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Website and you agree and understand that the Website is not intended to match or serve the same purpose as a medical or scientific platform.
11. Warranty disclaimer
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NO INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, FACILITIES, SERVICES AND OTHER CONTENT IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AMD CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of liability
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT THE COMPANY SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
- THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;
- YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE WEBSITE;
- ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, COMPANY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED EUROS (EUR 100.00).
13. Enforcement rights
We are not obligated to monitor access or use of the Website. However, we reserve the right to do so for purposes of operating and maintaining the Website, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Website or access to the Website at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Website is objectionable or in violation of this Agreement.
The Company has no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
14. Indemnity
You agree to indemnify, defend, and hold the Company, its business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Website. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
15. Applicable law and dispute resolution
This Agreement shall be governed by and construed under the laws of the Republic of Poland. Any dispute arising from this Agreement shall be governed by the applicable laws of the Republic of Poland without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Warsaw, Republic of Poland.
16. Other provisions
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
Questions and comments
If you have any comments or questions on any part of the Website or any part of these Terms of Use, require support, or have any claims, please contact us at support@symptomatical.com.
Privacy Policy
Effective as of July 01, 2021
Welcome to Symptomatical Privacy Policy relating to the provision of our services at www.symptomatical.com and/or any local country-code websites and/or any sub-website and/or associated domains (and/or sub-domains) and any related software applications (the "Website"), where Personal Data is processed by the same relating to you.
We respect your privacy and we are committed to protecting your Personal Data. This commitment exists throughout the lifecycle of the Personal Data which you provide to us, from the design of any our service which uses personal data to the deletion of that data. We process your Personal Data in compliance with the EU General Data Protection Legislation (the "GDPR"), (Regulation 2016/679) and other laws and regulations related to your state of residency.
This Privacy Policy will inform you as to how we use and look after your Personal Data.
1. Introduction
This Privacy Policy explains how Symptomatical Sp. Z. o.o., company registered under the legislation of Republic of Poland (the "Company" or "we" or "us") collects, stores, uses, transfers and shares Personal Data from our users ("you") in connection with:
- the Symptomatical mobile application (“App”);
- www.symptomatical.com Website including any products and services related to it.
We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Transparency about how we collect and use your Personal Data
Personal Data, or personal information, means any information about an individual from which that person can be identified, directly or indirectly. It does not include data where the identity has been removed (anonymous data).
We may collect Personal Data from you because of a legal reason or because you have consented us to do so for a specific purpose. We may collect, use, store and transfer different categories of Personal Data about you specified in this Privacy Policy.
3. What Personal Data we collect
When you sign up to use the App or Website, we may collect Personal Data about you such as:
- Name
- Email address
- Password
- Role
- Status
- Organization
To collect information for analytic purposes, we may also send cookies to your mobile device or computer or engage other tracking technologies. See more in our Cookie Policy.
Information we receive automatically. Because of how browsers work, we may receive some information automatically when you visit the Website or the App. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to our Website, which pages you request and visit.
We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
As any compliant organization we will not collect and use your Personal Data without letting you know or having any reasons for that whatsoever. So, for any purpose of processing your Personal Data we need to have legal basis.
4. Use of Personal Data
We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
- to process your registration, set up and look after your account;
- to provide and operate the services;
- to communicate with you and to keep you informed of our latest updates to our services;
- to know your preferences and to try to ensure that the content on our Website is presented in the most effective manner for you and your computer or mobile device;
- to communicate with your and to process any of your requests to exercise your legal rights;
- to identify and authenticate your access to certain features of the App;
- to detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of our services, including by identifying risks associated with your activity on our Website;
- to investigate violations of our policies and Terms of Use as well as enforce our policies and the Terms of Use; and
- to investigate and resolve disputes in connection with your use of our Services.
We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you or collect any Personal Data that is not needed for the mentioned purposes. For any new purpose of processing we will ask for your separate consent.
No commercial use of Personal Data. We will never sell, rent, or disclose your Personal Data. We may share only some of your Personal Data to our service providers strictly limited to cases and purposes stipulated in this Privacy Policy.
5. Your rights
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
Access to your Personal Data. The App gives you the ability to access Personal Data within the App. You have a right to request information about what Personal Data we have about you, to access all your Personal Data and receive a copy of it. We also commit to notify you, as required under applicable laws, about Personal Data breaches related to your Personal Data.
Restriction of Processing. You also have a right to request that the processing of your Personal Data be restricted, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy.
Objection to the processing of your Personal Data. In some cases you can object to the processing of your Personal Data, for example, if we process it under legitimate interest basis by contacting us at support@symptomatical.com.
Correction of Personal Data. If you find out that your Personal Data is inaccurate or incorrect, you have a right to contact us and ask us to correct such Personal Data.
Erasure of your Personal Data. You may ask us to erase your Personal Data, if you withdraw your consent to processing, if you believe such processing is not compliant with applicable law and in some other cases.
Execution of your privacy rights. You may contact us at support@symptomatical.com to exercise any of your privacy rights. We will exercise them within 15 days after receipt. It may take us up to 45 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.
6. Disclosure of information
We will not share your Personal Data with any third parties except as specified herein:
- in response to subpoenas, court orders or legal processes, to the extent permitted and as restricted by law (including to meet national security or law enforcement requirements);
- when disclosure is required to maintain the security and integrity of the App, or to protect any user’s security or the security of other persons, consistent with applicable laws. In such cases we may also delete some of your Personal Data (e.g. resetting your password to avoid unauthorized access);
- when disclosure is directed or consented to by the user who has input the Personal Data;
- in the event that we go through a corporate transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your information will, in most instances, be part of the assets transferred.
7. How we protect your Personal Data
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You can keep your information more secured by choosing and protecting your password appropriately, not sharing your password and preventing others from using your devices. No security system is perfect and, as such, we cannot guarantee the absolute security of the App, or that your information will not be intercepted while being transmitted to us.
We have designated a Data Protection Officer to strengthen our data protection measures. To communicate with our Data Protection Officer, please email at dpo@symptomatical.com.
8. Inactivation of account
We will retain your Personal Data as long as your account is active or needed to provide you services, and only for as long as it serves purposes of processing identified in this Privacy Policy. At any time, you can erase your Personal Data in accordance with the Privacy Policy.
If you choose to delete the App or deactivate your account, or your account becomes inactive for a while, we will retain your Personal Data for a reasonable period in case you decide to re-activate the services.
We may retain certain Personal Data and other information after your account has been terminated or deleted as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
9. Security breaches
If we detect of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in applicable law and this Privacy Policy. If we learn of a potential Personal Data breach, together with other applicable actions (such as notifying you in certain cases), we will also undertake particular actions to remedy the breach, including, but not limited to, logging you out from all the devices, resetting a password (sending a temporary password for you to apply) and performing other reasonably necessary activities and actions.
If you want to report a security incident related to the App or Website please contact us at support@symptomatical.com or dpo@symptomatical.com.
10. Who we are and how to contact us
The Company is based in Poland, and Personal Data we collect is governed by Polish and EU law. Please be advised that EU law and laws of other countries may not offer the same protections as the law of your jurisdiction.
In addition, you agree that Personal Data collected may be stored and processed in the United States, where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the App, you consent to any such transfer of Personal Data outside of your country.
If you have any questions or concerns about your privacy, you may contact us at: Symptomatical Sp. Z. o.o., address
Email: support@symptomatical.com or dpo@symptomatical.com
Cookie Policy
Effective as of July 01, 2021
The website www.symptomatical.com and other related pages (the "Website") are operated by Symptomatical Sp. Z. o.o. By using this Website you consent to us using cookies and your personal data in the ways described below and in the Privacy Policy and give your acceptance of both.
Your privacy is very important for Symptomatical. This is the Cookie Policy of Symptomatical's Website which provides detailed information about how and when we use cookies. All personal information obtained by Symptomatical on or through its Website is processed in accordance with the relevant data protection laws and our Privacy Policy. Here you can find our Privacy Policy.
What are cookies?
Upon entering the Symptomatical's Website your device may automatically be issued with a cookie. This is a text file which is stored in your web browser and identifies your device (but not your individual identity) to browser’s local server. The information obtained via cookie may include your Internet Protocol or "IP" address, the date, time and duration of your visit. Symptomatical will only use cookies for the purpose of monitoring the use of its Website.
It enables the Website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
What cookies do we use?
Please note that the names of cookies, pixels and other technologies may change over time. We also may use certain cookies on only a limited number of pages that you visit on our Website to avoid unnecessary collection of your Personal Data. Please note that our cookies do not process any Personal Data.
How to deactivate cookie?
If you don't like the idea of cookies or certain types of cookies, you can deactivate it within your browser’s settings. For this purpose, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. Browser manufacturers provide help pages relating to cookie management in their products. We recommend you to reach your browser manufacture website to find details of how to deactivate cookies.
Amendment to Cookie Policy
Symptomatical reserves the right to amend this Cookie Policy at any time without notice. It is therefore recommended that it be viewed on a regular basis in order to monitor any such changes. Your continued use of the Website after a new Cookie Policy has been posted will be deemed acceptance of the new Cookie Policy.
Contact us
If you have any questions or comments about this Cookie Policy or if you would like us to update information we have about you, please email: support@symptomatical.com.
Terms & Conditions
Effective as of July 01, 2021
The following Terms And Conditions (the “Agreement”) is a legal agreement between you (“you”) and Symptomatical Sp. Z. o.o., a legal entity registered under the laws of Republic of Poland (“Company,” “we” or “us”) for use of the the website www.symptomatical.com (the “Website”).
1. Acceptance of the Agreement
By accessing and using the Website, you are confirming that you have read and agree to be bound by these Terms and Conditions, Company’s privacy policy, and other notices posted through the Website. By this confirmation you warrant and approve that you have the power and authority to enter into this Agreement. If you do not acknowledge or agree with the above, you may not access or use the Website. We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Update of Agreement
From time to time, we may modify this Agreement. We will notify you by email or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Website after the effective date of modification of the Agreement will indicate your acceptance of the Agreement as updated.
3. Services
At the Website you may receive the certain recommendations or information related to the field of health-care (the “Services”).
The Services are provided solely to:
- assist you to identify the symptoms of possible diseases;
- provide you with advice where you can receive medical aid according to the identified symptoms or basic recommendations on how to act in the early stage of disease.
We do not provide any specific medical aid or recommendations on how to cure certain diseases. For this purpose, please contact a licensed medical organization or a certified specialist.
4. Registration and eligibility
To use the Website services, you need to create a personal account (the “Account”) and will be asked to provide certain personal information, which may include your name, date of birth, e-mail address, etc. This information will be held and used in accordance with our privacy policy, which can be found at https://www.symptomatical.com/documentation (the “Privacy Policy”). You agree that you will provide accurate and complete information to the Company, and that you will update that information promptly in case of any changes.
To create an Account and access the Website, you must be at least 13 years old (16 years old in EU) and not barred from using the Website under applicable law.
5. Unauthorized access to the Account
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to:
(1) control the use of Account sign-in name and passwords;
(2) authorize, monitory, and control access to and use of your Account and password;
(3) promptly inform the Company if you believe your Account or password has been compromised or if there is any other reason you need to deactivate a password. For this purpose, please send us an email at support@symptomatical.co.
6. Unlawful conduct
As a condition of using the Website, you agree not to use the Website for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Website and you shall obey all the local and international laws and regulations and any other applicable legislation. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you shall not:
(i) use the Services for any commercial purpose, outside the scope of Website purposes explicitly permitted under this Agreement;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the Services, without our express written permission;
(iii) permit other individuals to use your Account, including but not limited to shared use via a network connection, except under the terms of this Agreement;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our Website;
(v) deep-link to any part of the Website for any purpose without our express written permission;
(vi) frame, mirror or otherwise incorporate any part of the Website and Services into any other websites or service without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with the Services;
(viii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content.
Any such forbidden use shall immediately terminate your Account to use the Website.
7. Changes to the Website
From time to time and without prior notice to you, we may change, expand, and improve the Website. We may also, at any time, cease to continue operating part or all of the Website or selectively disable certain features of the Website. Your use of the Website does not entitle you to the continued provision or availability of the Website. Any modification or elimination of the Website or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
8. Children’s privacy and age restrictions
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.
If you are an EU resident, you shall be at least 16 years old in order to use the Website. To the extent prohibited by applicable law, we do not allow the use of the Website by EU residents younger than 16 years old.
If you are aware of anyone that does not comply with these limitations, please contact us at support@symptomatical.com, and we will take steps to delete or terminate his or her Account.
9. Copyright
All rights, title, and interest in and to the Website not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@symptomatical.com.
To avoid any doubts, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the Website, including but not limited to visual interfaces, interactive features, graphics, design and all other elements and components of the Website. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the Company’s content are retained by us.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Company by sending a notification to support@symptomatical.com.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
10. Use at your own risk
Some of our services are aimed to help to make certain health-care information more readily available and useful to you. However, the Website cannot and does not guarantee health-related improvements or outcomes. Your use of the Website and any information, predictions, or suggestions provided in the Website are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Website and you agree and understand that the Website is not intended to match or serve the same purpose as a medical or scientific platform.
11. Warranty disclaimer
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NO INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, FACILITIES, SERVICES AND OTHER CONTENT IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AMD CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of liability
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT THE COMPANY SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
- THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;
- YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE WEBSITE;
- ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, COMPANY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED EUROS (EUR 100.00).
13. Enforcement rights
We are not obligated to monitor access or use of the Website. However, we reserve the right to do so for purposes of operating and maintaining the Website, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Website or access to the Website at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Website is objectionable or in violation of this Agreement.
The Company has no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
14. Indemnity
You agree to indemnify, defend, and hold the Company, its business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Website. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
15. Applicable law and dispute resolution
This Agreement shall be governed by and construed under the laws of the Republic of Poland. Any dispute arising from this Agreement shall be governed by the applicable laws of the Republic of Poland without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Warsaw, Republic of Poland.
16. Other provisions
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
Questions and comments
If you have any comments or questions on any part of the Website or any part of these Terms of Use, require support, or have any claims, please contact us at support@symptomatical.com.
Privacy Policy
Effective as of July 01, 2021
Welcome to Symptomatical Privacy Policy relating to the provision of our services at www.symptomatical.com and/or any local country-code websites and/or any sub-website and/or associated domains (and/or sub-domains) and any related software applications (the "Website"), where Personal Data is processed by the same relating to you.
We respect your privacy and we are committed to protecting your Personal Data. This commitment exists throughout the lifecycle of the Personal Data which you provide to us, from the design of any our service which uses personal data to the deletion of that data. We process your Personal Data in compliance with the EU General Data Protection Legislation (the "GDPR"), (Regulation 2016/679) and other laws and regulations related to your state of residency.
This Privacy Policy will inform you as to how we use and look after your Personal Data.
1. Introduction
This Privacy Policy explains how Symptomatical Sp. Z. o.o., company registered under the legislation of Republic of Poland (the "Company" or "we" or "us") collects, stores, uses, transfers and shares Personal Data from our users ("you") in connection with:
- the Symptomatical mobile application (“App”);
- www.symptomatical.com Website including any products and services related to it.
We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Transparency about how we collect and use your Personal Data
Personal Data, or personal information, means any information about an individual from which that person can be identified, directly or indirectly. It does not include data where the identity has been removed (anonymous data).
We may collect Personal Data from you because of a legal reason or because you have consented us to do so for a specific purpose. We may collect, use, store and transfer different categories of Personal Data about you specified in this Privacy Policy.
3. What Personal Data we collect
When you sign up to use the App or Website, we may collect Personal Data about you such as:
- Name
- Email address
- Password
- Role
- Status
- Organization
To collect information for analytic purposes, we may also send cookies to your mobile device or computer or engage other tracking technologies. See more in our Cookie Policy.
Information we receive automatically. Because of how browsers work, we may receive some information automatically when you visit the Website or the App. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to our Website, which pages you request and visit.
We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
As any compliant organization we will not collect and use your Personal Data without letting you know or having any reasons for that whatsoever. So, for any purpose of processing your Personal Data we need to have legal basis.
4. Use of Personal Data
We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
- to process your registration, set up and look after your account;
- to provide and operate the services;
- to communicate with you and to keep you informed of our latest updates to our services;
- to know your preferences and to try to ensure that the content on our Website is presented in the most effective manner for you and your computer or mobile device;
- to communicate with your and to process any of your requests to exercise your legal rights;
- to identify and authenticate your access to certain features of the App;
- to detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of our services, including by identifying risks associated with your activity on our Website;
- to investigate violations of our policies and Terms of Use as well as enforce our policies and the Terms of Use; and
- to investigate and resolve disputes in connection with your use of our Services.
We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you or collect any Personal Data that is not needed for the mentioned purposes. For any new purpose of processing we will ask for your separate consent.
No commercial use of Personal Data. We will never sell, rent, or disclose your Personal Data. We may share only some of your Personal Data to our service providers strictly limited to cases and purposes stipulated in this Privacy Policy.
5. Your rights
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
Access to your Personal Data. The App gives you the ability to access Personal Data within the App. You have a right to request information about what Personal Data we have about you, to access all your Personal Data and receive a copy of it. We also commit to notify you, as required under applicable laws, about Personal Data breaches related to your Personal Data.
Restriction of Processing. You also have a right to request that the processing of your Personal Data be restricted, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy.
Objection to the processing of your Personal Data. In some cases you can object to the processing of your Personal Data, for example, if we process it under legitimate interest basis by contacting us at support@symptomatical.com.
Correction of Personal Data. If you find out that your Personal Data is inaccurate or incorrect, you have a right to contact us and ask us to correct such Personal Data.
Erasure of your Personal Data. You may ask us to erase your Personal Data, if you withdraw your consent to processing, if you believe such processing is not compliant with applicable law and in some other cases.
Execution of your privacy rights. You may contact us at support@symptomatical.com to exercise any of your privacy rights. We will exercise them within 15 days after receipt. It may take us up to 45 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.
6. Disclosure of information
We will not share your Personal Data with any third parties except as specified herein:
- in response to subpoenas, court orders or legal processes, to the extent permitted and as restricted by law (including to meet national security or law enforcement requirements);
- when disclosure is required to maintain the security and integrity of the App, or to protect any user’s security or the security of other persons, consistent with applicable laws. In such cases we may also delete some of your Personal Data (e.g. resetting your password to avoid unauthorized access);
- when disclosure is directed or consented to by the user who has input the Personal Data;
- in the event that we go through a corporate transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your information will, in most instances, be part of the assets transferred.
7. How we protect your Personal Data
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You can keep your information more secured by choosing and protecting your password appropriately, not sharing your password and preventing others from using your devices. No security system is perfect and, as such, we cannot guarantee the absolute security of the App, or that your information will not be intercepted while being transmitted to us.
We have designated a Data Protection Officer to strengthen our data protection measures. To communicate with our Data Protection Officer, please email at dpo@symptomatical.com.
8. Inactivation of account
We will retain your Personal Data as long as your account is active or needed to provide you services, and only for as long as it serves purposes of processing identified in this Privacy Policy. At any time, you can erase your Personal Data in accordance with the Privacy Policy.
If you choose to delete the App or deactivate your account, or your account becomes inactive for a while, we will retain your Personal Data for a reasonable period in case you decide to re-activate the services.
We may retain certain Personal Data and other information after your account has been terminated or deleted as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
9. Security breaches
If we detect of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in applicable law and this Privacy Policy. If we learn of a potential Personal Data breach, together with other applicable actions (such as notifying you in certain cases), we will also undertake particular actions to remedy the breach, including, but not limited to, logging you out from all the devices, resetting a password (sending a temporary password for you to apply) and performing other reasonably necessary activities and actions.
If you want to report a security incident related to the App or Website please contact us at support@symptomatical.com or dpo@symptomatical.com.
10. Who we are and how to contact us
The Company is based in Poland, and Personal Data we collect is governed by Polish and EU law. Please be advised that EU law and laws of other countries may not offer the same protections as the law of your jurisdiction.
In addition, you agree that Personal Data collected may be stored and processed in the United States, where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the App, you consent to any such transfer of Personal Data outside of your country.
If you have any questions or concerns about your privacy, you may contact us at: Symptomatical Sp. Z. o.o., address
Email: support@symptomatical.com or dpo@symptomatical.com
Cookie Policy
Effective as of July 01, 2021
The website www.symptomatical.com and other related pages (the "Website") are operated by Symptomatical Sp. Z. o.o. By using this Website you consent to us using cookies and your personal data in the ways described below and in the Privacy Policy and give your acceptance of both.
Your privacy is very important for Symptomatical. This is the Cookie Policy of Symptomatical's Website which provides detailed information about how and when we use cookies. All personal information obtained by Symptomatical on or through its Website is processed in accordance with the relevant data protection laws and our Privacy Policy. Here you can find our Privacy Policy.
What are cookies?
Upon entering the Symptomatical's Website your device may automatically be issued with a cookie. This is a text file which is stored in your web browser and identifies your device (but not your individual identity) to browser’s local server. The information obtained via cookie may include your Internet Protocol or "IP" address, the date, time and duration of your visit. Symptomatical will only use cookies for the purpose of monitoring the use of its Website.
It enables the Website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
What cookies do we use?
Please note that the names of cookies, pixels and other technologies may change over time. We also may use certain cookies on only a limited number of pages that you visit on our Website to avoid unnecessary collection of your Personal Data. Please note that our cookies do not process any Personal Data.
How to deactivate cookie?
If you don't like the idea of cookies or certain types of cookies, you can deactivate it within your browser’s settings. For this purpose, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. Browser manufacturers provide help pages relating to cookie management in their products. We recommend you to reach your browser manufacture website to find details of how to deactivate cookies.
Amendment to Cookie Policy
Symptomatical reserves the right to amend this Cookie Policy at any time without notice. It is therefore recommended that it be viewed on a regular basis in order to monitor any such changes. Your continued use of the Website after a new Cookie Policy has been posted will be deemed acceptance of the new Cookie Policy.
Contact us
If you have any questions or comments about this Cookie Policy or if you would like us to update information we have about you, please email: support@symptomatical.com.
Terms & Conditions
Effective as of July 01, 2021
The following Terms And Conditions (the “Agreement”) is a legal agreement between you (“you”) and Symptomatical Sp. Z. o.o., a legal entity registered under the laws of Republic of Poland (“Company,” “we” or “us”) for use of the the website www.symptomatical.com (the “Website”).
1. Acceptance of the Agreement
By accessing and using the Website, you are confirming that you have read and agree to be bound by these Terms and Conditions, Company’s privacy policy, and other notices posted through the Website. By this confirmation you warrant and approve that you have the power and authority to enter into this Agreement. If you do not acknowledge or agree with the above, you may not access or use the Website. We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Update of Agreement
From time to time, we may modify this Agreement. We will notify you by email or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Website after the effective date of modification of the Agreement will indicate your acceptance of the Agreement as updated.
3. Services
At the Website you may receive the certain recommendations or information related to the field of health-care (the “Services”).
The Services are provided solely to:
- assist you to identify the symptoms of possible diseases;
- provide you with advice where you can receive medical aid according to the identified symptoms or basic recommendations on how to act in the early stage of disease.
We do not provide any specific medical aid or recommendations on how to cure certain diseases. For this purpose, please contact a licensed medical organization or a certified specialist.
4. Registration and eligibility
To use the Website services, you need to create a personal account (the “Account”) and will be asked to provide certain personal information, which may include your name, date of birth, e-mail address, etc. This information will be held and used in accordance with our privacy policy, which can be found at https://www.symptomatical.com/documentation (the “Privacy Policy”). You agree that you will provide accurate and complete information to the Company, and that you will update that information promptly in case of any changes.
To create an Account and access the Website, you must be at least 13 years old (16 years old in EU) and not barred from using the Website under applicable law.
5. Unauthorized access to the Account
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account. It is your sole responsibility to:
(1) control the use of Account sign-in name and passwords;
(2) authorize, monitory, and control access to and use of your Account and password;
(3) promptly inform the Company if you believe your Account or password has been compromised or if there is any other reason you need to deactivate a password. For this purpose, please send us an email at support@symptomatical.co.
6. Unlawful conduct
As a condition of using the Website, you agree not to use the Website for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Website and you shall obey all the local and international laws and regulations and any other applicable legislation. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you shall not:
(i) use the Services for any commercial purpose, outside the scope of Website purposes explicitly permitted under this Agreement;
(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the Services, without our express written permission;
(iii) permit other individuals to use your Account, including but not limited to shared use via a network connection, except under the terms of this Agreement;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our Website;
(v) deep-link to any part of the Website for any purpose without our express written permission;
(vi) frame, mirror or otherwise incorporate any part of the Website and Services into any other websites or service without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with the Services;
(viii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content.
Any such forbidden use shall immediately terminate your Account to use the Website.
7. Changes to the Website
From time to time and without prior notice to you, we may change, expand, and improve the Website. We may also, at any time, cease to continue operating part or all of the Website or selectively disable certain features of the Website. Your use of the Website does not entitle you to the continued provision or availability of the Website. Any modification or elimination of the Website or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
8. Children’s privacy and age restrictions
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 13. We do not collect personal data from any person we actually know is a child under the age of 13.
If you are an EU resident, you shall be at least 16 years old in order to use the Website. To the extent prohibited by applicable law, we do not allow the use of the Website by EU residents younger than 16 years old.
If you are aware of anyone that does not comply with these limitations, please contact us at support@symptomatical.com, and we will take steps to delete or terminate his or her Account.
9. Copyright
All rights, title, and interest in and to the Website not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@symptomatical.com.
To avoid any doubts, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the Website, including but not limited to visual interfaces, interactive features, graphics, design and all other elements and components of the Website. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the Company’s content are retained by us.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Company by sending a notification to support@symptomatical.com.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
10. Use at your own risk
Some of our services are aimed to help to make certain health-care information more readily available and useful to you. However, the Website cannot and does not guarantee health-related improvements or outcomes. Your use of the Website and any information, predictions, or suggestions provided in the Website are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Website and you agree and understand that the Website is not intended to match or serve the same purpose as a medical or scientific platform.
11. Warranty disclaimer
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NO INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, FACILITIES, SERVICES AND OTHER CONTENT IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AMD CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitation of liability
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT THE COMPANY SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
- THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;
- YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE WEBSITE;
- ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, COMPANY'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ONE HUNDRED EUROS (EUR 100.00).
13. Enforcement rights
We are not obligated to monitor access or use of the Website. However, we reserve the right to do so for purposes of operating and maintaining the Website, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Website or access to the Website at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Website is objectionable or in violation of this Agreement.
The Company has no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
14. Indemnity
You agree to indemnify, defend, and hold the Company, its business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Website. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
15. Applicable law and dispute resolution
This Agreement shall be governed by and construed under the laws of the Republic of Poland. Any dispute arising from this Agreement shall be governed by the applicable laws of the Republic of Poland without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Warsaw, Republic of Poland.
16. Other provisions
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
Questions and comments
If you have any comments or questions on any part of the Website or any part of these Terms of Use, require support, or have any claims, please contact us at support@symptomatical.com.
- Privacy Policy
- Cookie Policy
- Terms & Conditions
Effective as of July 01, 2021
Welcome to Symptomatical Privacy Policy relating to the provision of our services at www.symptomatical.com and/or any local country-code websites and/or any sub-website and/or associated domains (and/or sub-domains) and any related software applications (the "Website"), where Personal Data is processed by the same relating to you.
We respect your privacy and we are committed to protecting your Personal Data. This commitment exists throughout the lifecycle of the Personal Data which you provide to us, from the design of any our service which uses personal data to the deletion of that data. We process your Personal Data in compliance with the EU General Data Protection Legislation (the "GDPR"), (Regulation 2016/679) and other laws and regulations related to your state of residency.
This Privacy Policy will inform you as to how we use and look after your Personal Data.
1. Introduction
This Privacy Policy explains how Symptomatical Sp. Z. o.o., company registered under the legislation of Republic of Poland (the "Company" or "we" or "us") collects, stores, uses, transfers and shares Personal Data from our users ("you") in connection with:
- the Symptomatical mobile application (“App”);
- www.symptomatical.com Website including any products and services related to it.
We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified during register), through the App by presenting you with a new version of this Privacy Policy. Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to accept changes to the Privacy Policy explicitly. Please review our Website and the App for the latest updates on our data privacy practices. If you don’t accept the terms of the Privacy Policy, we ask you not to use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy.
2. Transparency about how we collect and use your Personal Data
Personal Data, or personal information, means any information about an individual from which that person can be identified, directly or indirectly. It does not include data where the identity has been removed (anonymous data).
We may collect Personal Data from you because of a legal reason or because you have consented us to do so for a specific purpose. We may collect, use, store and transfer different categories of Personal Data about you specified in this Privacy Policy.
3. What Personal Data we collect
When you sign up to use the App or Website, we may collect Personal Data about you such as:
- Name
- Email address
- Password
- Role
- Status
- Organization
To collect information for analytic purposes, we may also send cookies to your mobile device or computer or engage other tracking technologies. See more in our Cookie Policy.
Information we receive automatically. Because of how browsers work, we may receive some information automatically when you visit the Website or the App. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to our Website, which pages you request and visit.
We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life or sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
As any compliant organization we will not collect and use your Personal Data without letting you know or having any reasons for that whatsoever. So, for any purpose of processing your Personal Data we need to have legal basis.
4. Use of Personal Data
We will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
- to process your registration, set up and look after your account;
- to provide and operate the services;
- to communicate with you and to keep you informed of our latest updates to our services;
- to know your preferences and to try to ensure that the content on our Website is presented in the most effective manner for you and your computer or mobile device;
- to communicate with your and to process any of your requests to exercise your legal rights;
- to identify and authenticate your access to certain features of the App;
- to detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of our services, including by identifying risks associated with your activity on our Website;
- to investigate violations of our policies and Terms of Use as well as enforce our policies and the Terms of Use; and
- to investigate and resolve disputes in connection with your use of our Services.
We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you or collect any Personal Data that is not needed for the mentioned purposes. For any new purpose of processing we will ask for your separate consent.
No commercial use of Personal Data. We will never sell, rent, or disclose your Personal Data. We may share only some of your Personal Data to our service providers strictly limited to cases and purposes stipulated in this Privacy Policy.
5. Your rights
As a data subject, you have the following rights over your personal information, which our Privacy Policy and our use of Personal Data have been designed to uphold:
Access to your Personal Data. The App gives you the ability to access Personal Data within the App. You have a right to request information about what Personal Data we have about you, to access all your Personal Data and receive a copy of it. We also commit to notify you, as required under applicable laws, about Personal Data breaches related to your Personal Data.
Restriction of Processing. You also have a right to request that the processing of your Personal Data be restricted, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy.
Objection to the processing of your Personal Data. In some cases you can object to the processing of your Personal Data, for example, if we process it under legitimate interest basis by contacting us at support@symptomatical.com.
Correction of Personal Data. If you find out that your Personal Data is inaccurate or incorrect, you have a right to contact us and ask us to correct such Personal Data.
Erasure of your Personal Data. You may ask us to erase your Personal Data, if you withdraw your consent to processing, if you believe such processing is not compliant with applicable law and in some other cases.
Execution of your privacy rights. You may contact us at support@symptomatical.com to exercise any of your privacy rights. We will exercise them within 15 days after receipt. It may take us up to 45 days in some cases, for example for full erasure of your Personal Data stored in our backup systems. We will let you know if we need more time and explain the reasons for the delay.
6. Disclosure of information
We will not share your Personal Data with any third parties except as specified herein:
- in response to subpoenas, court orders or legal processes, to the extent permitted and as restricted by law (including to meet national security or law enforcement requirements);
- when disclosure is required to maintain the security and integrity of the App, or to protect any user’s security or the security of other persons, consistent with applicable laws. In such cases we may also delete some of your Personal Data (e.g. resetting your password to avoid unauthorized access);
- when disclosure is directed or consented to by the user who has input the Personal Data;
- in the event that we go through a corporate transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your information will, in most instances, be part of the assets transferred.
7. How we protect your Personal Data
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You can keep your information more secured by choosing and protecting your password appropriately, not sharing your password and preventing others from using your devices. No security system is perfect and, as such, we cannot guarantee the absolute security of the App, or that your information will not be intercepted while being transmitted to us.
We have designated a Data Protection Officer to strengthen our data protection measures. To communicate with our Data Protection Officer, please email at dpo@symptomatical.com.
8. Inactivation of account
We will retain your Personal Data as long as your account is active or needed to provide you services, and only for as long as it serves purposes of processing identified in this Privacy Policy. At any time, you can erase your Personal Data in accordance with the Privacy Policy.
If you choose to delete the App or deactivate your account, or your account becomes inactive for a while, we will retain your Personal Data for a reasonable period in case you decide to re-activate the services.
We may retain certain Personal Data and other information after your account has been terminated or deleted as necessary to comply with legal obligations, resolve disputes and enforce our agreements.
9. Security breaches
If we detect of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in applicable law and this Privacy Policy. If we learn of a potential Personal Data breach, together with other applicable actions (such as notifying you in certain cases), we will also undertake particular actions to remedy the breach, including, but not limited to, logging you out from all the devices, resetting a password (sending a temporary password for you to apply) and performing other reasonably necessary activities and actions.
If you want to report a security incident related to the App or Website please contact us at support@symptomatical.com or dpo@symptomatical.com.
10. Who we are and how to contact us
The Company is based in Poland, and Personal Data we collect is governed by Polish and EU law. Please be advised that EU law and laws of other countries may not offer the same protections as the law of your jurisdiction.
In addition, you agree that Personal Data collected may be stored and processed in the United States, where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the App, you consent to any such transfer of Personal Data outside of your country.
If you have any questions or concerns about your privacy, you may contact us at: Symptomatical Sp. Z. o.o., address
Email: support@symptomatical.com or dpo@symptomatical.com