Effective from 2021-10-12
Last updated 14 September 2022
By accessing, browsing, or using the Site, you accept and agree to be bound by these Terms. If you object to any provision of these Terms, please exit the Site.
You must comply with the laws of the country from which you access the Site, and you agree not to access or use the Site in violation of such laws.
Nightingale Health grants you a permission to lawfully access, browse, and use the Site to view, download, and print pages from the Site for your own personal, non-commercial use, subject to all the restrictions set out in these Terms and on the Site, and provided that you do not modify the Site content and you retain all copyright and other proprietary notices contained in the Site content. Press releases and other documents indicated as being public can be used for public communications, provided that you clearly state the source of the information. For information on use of materials included in Nightingale Health Brand Assets, please see Section 2 below.
All use and exploitation of the Site and the Site content not expressly permitted in these Terms, such as reproduction, transfer, distribution, and storage, is prohibited without Nightingale Health’s prior written consent. In particular, you shall not:
Certain areas of the Site may have restricted access. We may further restrict your access to any areas of the Site, at any time, in our sole discretion. You must keep your login credentials (user ID and password) to restricted areas of the Site confidential, and you shall notify Nightingale Health immediately of any unauthorized access to or use of your account.
We reserve the right, without prior notice and in our sole discretion, to suspend or modify any use of the Site for illegal, fraudulent, or other similar activity, or if there has been a suspected or actual breach of security or other failure to comply with these Terms.
All materials included in the Nightingale Health Brand Assets available at assets.nightingalehealth.com are the sole and exclusive property of Nightingale Health and/or its licensors. The materials may only be used by Nightingale Health, Nightingale Health’s business partners and media contacts for the purposes of communication, marketing, sales, and promotion relating to Nightingale Health and/or its services. Media contacts’ use of the materials is further limited to editorial use only in connection with articles and publications about Nightingale Health. No other use or exploitation of the materials is allowed without Nightingale Health’s prior written consent.
Nightingale Health Brand Assets include additional legal notices, disclaimers, and/or use guidance (such as copyright notices, image descriptions, and/or use restrictions) which need to be complied with at all times. The materials included in the Nightingale Health Brand Assets must always be attributed to Nightingale Health.
The materials included in the Nightingale Health Brand Assets must not be modified without Nightingale Health’s prior written consent and must be deleted from storage locations outside the Nightingale Health Brand Assets when they are no longer needed for the purposes listed above in this Section 2. Nightingale Health may at any time, in its sole discretion, request any party to stop the use of the materials and destroy or return all such materials and any copies thereof.
Site content (such as brand names, slogans, text, images, and audio-visual elements) is subject to copyright protection with all intellectual property rights reserved by Nightingale Health and/or its licensors. NIGHTINGALE HEALTH, LIVIT BLOOD COLLECTION KIT, NIGHTINGALE KIT, LIVIT, and LIVIT BY NIGHTINGALE HEALTH are trademarks of Nightingale Health and may not be used without Nightingale Health’s permission. Unless otherwise expressly stated in connection to content available on the Site, Nightingale Health and/or its licensors own all rights, title, and interest, including all intellectual property rights, related to and displayed on the Site and the Site content. Unless otherwise expressly set forth in these Terms, Nightingale Health does not grant you any license or other right to use any of the above-mentioned intellectual property rights.
Some parts of the Site may allow you to share audio, video, text, image, or other content on the Site (“Your Content”). Your Content must be lawful, fit for publication, and not infringe any third-party rights. You must have the right to share and publish Your Content on the Site. We reserve the right to remove any Your Content from the Site at any time, for any reason, and without prior notice.
To the extent permitted by applicable mandatory law, you agree to defend, indemnify, and hold harmless Nightingale Health (including Nightingale Health’s officers, directors, owners, and employees) from and against any and all losses, liabilities, judgments, damages, costs, and expenses incurred as a result of any third-party claims arising out of or relating to Your Content.
Nightingale Health is responsible for the contents of its services and information Nightingale Health presents on the Site in accordance with the applicable mandatory law and the contract Nightingale Health has entered into with you. The Site is otherwise provided “as is” and “as available”, and Nightingale Health makes no representations or warranties of any kind related to the Site and/or its content, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nightingale Health expressly disclaims all such warranties and representations. In particular, Nightingale Health does not warrant that the Site will be constantly available or available at all, or that the information on the Site is complete, true, or accurate.
The limitations and exclusions of liability under this Section 6 shall apply to the maximum extent permitted by applicable mandatory law.
In no event shall Nightingale Health (including Nightingale Health’s officers, directors, owners, and employees) be liable to you for anything arising out of, or in any way connected to, your use of, or inability to use, the Site. We share no liability for any inaccuracies, delays, or failures contained on the Site, or for any direct, indirect, consequential, punitive, or special damage arising out of your use of, or inability to use, the Site.
You are solely responsible for your misuse of the Site and for your breach of these Terms, as well as for the consequences of such misuse or breach.
The Site contains links to websites maintained by third parties. Such links are provided for your convenience only and do not reflect any endorsement by Nightingale Health with respect to the third-party site or the quality, reliability, or any other characteristics thereof. Nightingale Health is not responsible for any content or other matter associated with a third-party site, and your use of or reliance on the contents of a third-party site is at your own risk and subject to the terms and conditions applicable to the third-party site.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, illegal, or otherwise unenforceable, the remaining paragraphs will remain in full force and effect.
We are permitted to revise the contents of the Site and these Terms from time to time in our sole discretion. Your continued use of the Site following any such revision shall constitute your acceptance of the revision. Any changes to these Terms will be posted on this page.
We are permitted to assign, transfer, and subcontract our rights and obligations under these Terms without any notification or consent required from any party. You are not permitted to assign, transfer, or subcontract any of your rights or obligations under these Terms to any third party without Nightingale Health’s prior written consent.
These Terms, including any legal notices and disclaimers contained on the Site, constitute the entire agreement between Nightingale Health and you with respect to your use of the Site, and unless otherwise expressly agreed in writing by Nightingale Health, shall supersede all prior agreements and understandings with respect to the same. No other communications, whether oral or written, are considered as part of the agreement.
Unless otherwise required by applicable mandatory law, these Terms and any legal action or proceeding relating to these Terms, the Site or Site content shall be governed by and construed in accordance with the substantive laws of Finland excluding its choice of law provisions.
If you have any questions, feedback, or complaints regarding the Site or these Terms, please contact us:
Last updated 14 September 2022
We have separate privacy policies for our consumer services, recruitment process, managers’ transactions, and general shareholders’ meetings. If you have purchased our consumer service Livit by Nightingale Health™ or My Nightingale™, apply for a job at Nightingale Health, perform a managerial role at Nightingale Health, or attend Nightingale Health’s annual general meeting or extraordinary general meeting, please visit the other privacy policies available through this link.
We mainly process personal data that we obtain directly from you, for example, when you contact us using the contact details available on the Site or enter into a business relationship with us. In addition, we may collect personal data from other sources, such as third-party websites, private and public registers, and our service providers.
We may process the following types of personal data about you depending on the interactions we have with you:
· name, title, job description, company, postal address, email address, phone number;
· login details (e.g., username and password) to restricted areas of the Site, such as the Nightingale Health Brand Assets;
· information on customer history, your interactions with us, and use of our services and the Site (e.g., feedback and recommendations you have shared with us, complaints or other inquiries you have made, other contact you have had with us or assignments we have performed for you, information related to invoicing and service delivery, as well as analytics information on which parts of our services and Site you have used);
· information on participation in our events and webinars;
· information on consents and refusals you have provided to us; and
· any other information you may share with us, or we generate, when you use our services, do business with us, or visit the Site.
We process your personal data for the purposes and on the legal bases set out below:
· Provision of our services in the form chosen by you. Processing of your personal data is based on the contract which is formed between Nightingale Health and you when you purchase our services.
· Customer support, customer communication, processing of customer feedback and claims. We process your personal data based on the contract we have with you, our legitimate interest to provide customer support and important customer notices and to respond to customer complaints and other inquiries made to us, or a legal obligation to communicate with you.
· Communication and relationship management. We process your personal data based on our legitimate interest to manage our business relationships, facilitate communication with business contacts, and to process orders and perform accounting and invoicing.
· Marketing of our services and monitoring the performance of our marketing campaigns. Processing of your personal data for marketing purposes is based on our legitimate interest to market our services and monitor the performance of our marketing campaigns. Where required by applicable mandatory law, we will ask for your consent before sending you electronic direct marketing messages, such as our newsletter. You may opt-out of receiving electronic direct marketing at any time by following the unsubscribe instructions included in the electronic direct marketing messages we send to you. You may also opt-out at any time by contacting us using the contact details provided in Section 7.
· Organizing and allowing participation in events and webinars. We process your personal data based on a contract we have with you or our legitimate interest to organize and manage participation in events and webinars organized or promoted by us or our business partners.
· Provision of Nightingale Health Brand Assets to you. We process your personal data based on a contract we have with you or our legitimate interest to provide the Nightingale Health Brand Assets to Nightingale Health’s business partners and media contacts to the extent necessary for the purposes of communication, marketing, sales, and promotion relating to Nightingale Health and/or our services.
· Planning, monitoring, supervising, compiling statistics of, controlling quality of, and evaluating our operations and services. We process your personal data based on our legitimate interest to plan, monitor, supervise, compile statistics of, control quality of, and evaluate our operations and services, or where we have a legal obligation to do so.
· Developing and improving the Site and our services. Sometimes we will use your personal data in an anonymized form. Since you cannot be identified, this is not personal data. However, if we do apply an identifier to such data, it will be personal data and we will only process it based on our legitimate interest to develop and improve the Site and our services, or with your prior consent.
· Detecting and preventing unlawful behavior and non-compliance with our terms and conditions; enforcing our legal rights. We process your personal data based on our legitimate interest to detect and prevent unlawful behaviour and non-compliance with our terms and conditions as well as to enforce our legal rights. In addition, the processing of the personal data may be based on our legal obligation.
We will only process your personal data on the basis of our legitimate interest where we consider that our legitimate interest is not outweighed or overridden by your rights. You may object to our use of your personal data by contacting us using details provided in Section 7.
Please note that if you refuse to provide the requested personal data necessary for the provision of our services in the form chosen by you, we may not be able to provide the requested services to you.
We treat your personal data as confidential. Persons we ask to process your personal data are bound by a confidentiality obligation.
We may share your personal data to third parties in the following situations:
· We may share your personal data within the Nightingale Health group of companies to the extent necessary, e.g., for the provision of our services to you.
· We may share your personal data with external service providers which manage our IT, payment, marketing, analytics, data storage, and customer support systems. We conclude data processing agreements with all service providers and require them to process personal data only to the extent necessary to provide such service.
· We may also share your personal data with other third parties when necessary for providing our services to you. We will only share this personal data for the purposes and under the lawful bases described above. Where this is not the case, we will notify you and request your consent if necessary.
We may disclose your personal data in the following situations:
· Based on legislation, we may have either the right or the obligation to disclose your personal data to third parties, such as to judicial and other public authorities.
· If we are involved in a sale or transfer of business, a merger, a business reorganization, or a similar process, we may transfer your personal data to one or more third parties as part of the transaction.
· We may also disclose your personal data to the extent necessary to protect our own or a third party's interests.
Our internal organization is structured to meet the requirements of our Quality Management System certified according to EN ISO 13485, our Information Security Management System certified according to ISO/IEC 27001:2013, and the requirements of the Data Protection Laws.
We apply appropriate physical, technical, and administrative safeguards to protect personal data from misuse. These safeguards include, among others, control and filtering of network traffic, use of encryption techniques and safe data centers, appropriate access control, controlled granting of access rights and supervision of their use, giving instructions to personnel processing personal data, and risk management related to planning, implementation, and maintenance of our services. Personal data are processed only by persons who need the personal data to perform their job duties.
We retain your personal data in accordance with our internal record retention policies as long as reasonably necessary for the purposes for which they are processed, including for the purposes of our business relationship with you, performance of a contract we have with you, or any regulatory, accounting or reporting requirements. However, we may retain your personal data for a longer period to the extent required by our automated backup system or if deemed necessary for the establishment, exercise or defense of legal claims. After the necessary retention period, we will either delete or anonymize all personal data.
As a data subject, you have the following rights subject to the restrictions that follow from legislation:
· Right of access to personal data. You have the right to know whether we process personal data about you and the right to request access to any personal data undergoing processing.
· Right to rectification and erasure. You have the right to rectify inaccurate personal data about you and, in certain cases, the right to erasure of your personal data, e.g., personal data that is no longer necessary or accurate in relation to the purposes of the processing.
· Right to restrict processing. You have the right to request that we restrict our processing of your personal data, e.g., if you contest the correctness of the personal data we process or the lawfulness of the processing.
· Right to object. You may object to the processing of your personal data, on grounds relating to your situation, e.g., if the processing is based on our legitimate interest or the personal data are processed for direct marketing purposes.
We will give you the opportunity to opt out of future electronic direct marketing whenever we send you such marketing. You can also opt out at any time by contacting us using the contact details provided in Section 7. If you opt out from receiving our marketing communications, we retain certain limited personal data about you (e.g., name and email address) to ensure that we comply with your request.
· Right to data portability. Under specific circumstances you have the right to request your personal data to be transferred from one system to another.
· Withdrawal of consent. Where our processing of your personal data is based on your consent, you can, at any time, withdraw or restrict your consent. The withdrawal or restriction of consent does not affect the lawfulness of the processing carried out prior to the withdrawal or restriction.
You may exercise your rights by contacting us using the contact details provided in Section 7. The requests are always processed on a case-by-case basis. For your protection, we may need to verify your identity before fulfilling your request. We will respond as soon as reasonably possible within the times set forth by applicable mandatory law. We reserve the right to deny your request based on applicable law and will inform you if we do so.
In addition, you have a right to lodge a complaint with your local supervisory authority if you consider that the processing of your personal data infringes the Data Protection Laws. Before contacting the supervisory authority, we recommend that you get in contact with us first, so we can consider your complaint. You may also contact us to receive the contact details of your local supervisory authority.
If you have any questions, feedback, or complaints about our processing of your personal data, or if you would like to exercise your rights under the Data Protection Laws, please contact us:
· by email at firstname.lastname@example.org; or
· by post at Data Protection Officer, Nightingale Health Plc, Mannerheimintie 164a, 00300 Helsinki, Finland.
Last updated 14 September 2022
When you access the Site or the App, we automatically store and use certain Cookies which are strictly necessary for the operation of the Site or the App. With your consent, we may also use other types of Cookies to remember your preferences, personalize content and display advertisements, and analyze traffic. If you consent to our use of other than necessary Cookies, we may share information about your use of the Site and/or the App with our partners who provide us, e.g., advertising or analytics services, and who may combine such information with other information that you have provided to them or that they have collected from your use of their services.
Cookies are small data files that are downloaded to and stored on your device when you visit a website or a mobile application. On the Site and in the App, Cookies help us remember your device and allow us to facilitate your user session, perform analytics, and conduct marketing.
First party Cookies are Cookies that we place on your device when you visit the Site or the App. Third-party Cookies are Cookies that another party sets on your device when you visit the Site or the App.
Cookies can either be session Cookies or persistent Cookies. Session Cookies last only until you end your user session and are usually used to remember relevant settings of your session. Persistent Cookies remain on your device until they expire, or you delete them, and are typically used for marketing and analytics purposes. We use both session Cookies and persistent Cookies on the Site and in the App.
You can find detailed information on Cookies used on the Site in our Cookie Consent Tool.
We use third-party services (including embedded content) on the Site and in the App which require Cookies to function. Such third-party services include the following:
When entering the Site or App for the first time, we ask for your consent to use other than necessary Cookies (as applicable).
On the Site, you can manage your choices regarding other than necessary Cookies in the Cookie Consent Tool. Please note that your choices will only adjust your preferences on the Site.
In the App, you can manage your choices regarding other than necessary Cookies as instructed in the App settings. Please note that your choices will only adjust your preferences in the App.
You can also manage Cookies in your browser or device settings depending on which device you use to access our services. To find out more, you can consult the help function of your browser or device.
The Site and the App contain links to websites maintained by third parties. Such links are provided for your convenience only and do not reflect any endorsement by Nightingale Health with respect to the third-party site or the quality, reliability, or any other characteristics thereof. We do not have control over the placement of Cookies by third party websites and we encourage you to review the privacy policies of the relevant third parties before accessing their website. Nightingale Health is not responsible for any content or other matter associated with a third-party site, and your use of or reliance on the contents of a third-party site is at your own risk and subject to the terms and conditions applicable to the third-party site.