MOBILE APPLICATION PRIVACY POLICY

This Privacy Policy does not apply to situations where we have notified you that an alternative privacy policy applies, nor does it apply to other Medtronic applications and websites. We encourage you to review the privacy statements posted on other Medtronic applications and websites when you visit them.

INTRODUCTION

This Privacy Policy aims to inform you (the “user”) regarding the collection, use, and disclosure of your personal information through the MyTriageHF ("Application").

This Privacy Policy is intended for users in Europe, Middle East and Africa.

The Application is developed and made available to users by Airon Telematica srl, but is operated by Medtronic. Medtronic is the name we use to refer to our whole business, including Medtronic plc. and any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words "we" or "our," we mean Medtronic. The information we receive, and how we use it, depends on what you do when using the Application.

Medtronic intends to treat user’s personal information fairly and in line with the instructions of your Hospital, user expectations, encouraging you to read and consider the information provided in this Privacy Policy to obtain consent.

Please read the End User Licensing Agreement (EULA) for your Application to understand the general rules about your use of the Application. Except as written in any other disclaimers, policies, terms of use, or other notices in an Application, this Privacy Statement and the EULA are the complete agreement between you and Medtronic with respect to your use of the Application.

WHAT ABOUT PRIVACY ON OTHER APPLICATION?

This Privacy Policy does not apply to any other web site or app, even if operated by Medtronic. We are not responsible for the performance of applications or web sites operated by third parties or for your business dealings with them. Therefore, whenever you leave this Application, we recommend that you review each application or web site's privacy practices and make your own conclusions regarding the adequacy of these practices.

WHAT KIND OF PERSONAL INFORMATION DOES MEDTRONIC COLLECT?

The information received by Medtronic and how it is used depends on the actions taken by the user when using the Application. Medtronic collects and uses non-personal user information (i.e., which does not allow it to be identified) in a different way than personal information.

Medtronic collects identifiable personal information when the user decides, on the indication of its physician and/or the hospital of reference, to download and use the Application as part of the One Hospital ClinicalService service. The information entered by the user will be transferred and will be visible to the referring physician on the One Hospital ClinicalService platform.

Personal information

Personal information is data we collect through the App that can specifically identify you.

By using the Application, the following personal information may be collected about you:

HOW DOES MEDTRONIC USE USERS PERSONAL INFORMATION?

We may collect and use personal information from you through this Application to provide you with access to the Application. You may choose not to provide us with this information, but then you may not be able to access and utilize the Application.

In addition, we may collect and use personal information shared by you when registering with and using the Application for purposes determined by your Hospital or your physician. Medtronic, for these purposes, acts as data processor on behalf of your Hospital or physician who has proposed the use of the Application to you as part of the Medtronic One Hospital ClinicalService service. Such activities on your personal information are only performed under the instructions of your hospital for the purposes laid out in this Privacy Policy.

You have been informed by your physician about the processing of your personal information with regard to the Medtronic One Hospital ClinicalService service. What has been explained to you, also applies to the data processed by this Application.

Medtronic One Hospital Clinical Service is a service provided by Medtronic to your hospital aiming to support the care optimization of your Hospital with data collection, management, analysis, and reporting of personal, technical and health data of patients.

Medtronic may also use your personal information, as data controller, to achieve the following legitimate interests and legal obligations, as long as they are compatible with your rights and privacy expectations:

DOES MEDTRONIC SHARE PERSONAL INFORMATION WITH THIRD PARTIES?

Medtronic will not share personal information collected through the Application with third parties without your permission, except as described in this Privacy Policy.

Medtronic may share personal information with any member of our corporate group, including parent companies, subsidiaries, and affiliates, for purposes that are consistent with those identified in this Privacy Statement. For example, Medtronic may store information on a secure server based at the headquarters of its affiliate company in the Netherlands.

During the course of normal commercial activities, Medtronic may also share some personal information with third parties we appoint to perform services or functions on behalf of Medtronic. Your personal information will be shared and processed by Airon Telematica s.r.l, a third-party provider appointed by Medtronic as sub-Processor to develop and make the Application available to users.

If Applicable: The identification code of the device used to connect to the Mobile Application may be sent and processed by third parties, if you have selected this option through the settings of your device. These third parties will not have access to further personal information relating to the user.

In all cases Medtronic will not share more information than necessary and will not authorize to keep, disclose or use it except for the purpose of providing the requested services in line with the purposes set out above. We will not sell, exchange, or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition.

Note that, under applicable laws, Medtronic may also have to disclose your personal information to regulatory authorities in order to comply with legal vigilance reporting obligations we are subject to.

Medtronic may also use and disclose your personal information to third parties if we feel the disclosure is necessary to:

DOES MEDTRONIC ALLOW THE TRANSFER OF PERSONAL INFORMATION TO OTHER COUNTRIES?

HOW LONG WILL MEDTRONIC STORE PERSONAL INFORMATION?

Medtronic will retain personal information only for the time necessary to fulfill the purposes for which it is authorized to process it, as set out in this Privacy Policy. In the event that the user provides personal information through the Application. No personal information will be stored in the mobile system (e.g. mobile phone), but all information will be transmitted to secure servers.

COOKIES

Apps that link to, or connect with, websites may include cookies, pixel tags/web beacons, and similar technologies. This helps us to provide you with a good experience when you use the App or browse the websites, and also helps us to improve the App and our website. For further detailed information about cookies and the purposes for which we use them, please see the section of our website privacy policy that discusses cookies.

ARE THERE SPECIAL RULES FOR THE PRIVACY OF CHILDREN?

Medtronic is committed to protecting children's privacy. For this reason, personal information of minors under the age of 16 will not be intentionally collected.

If you believe that Medtronic has collected personal information from a minor under the age of 16, please contact Medtronic or your physician. For Middle East and North Africa users, please notify us regarding children under the age of 18.

WHAT ABOUT APPLICATION SECURITY?

Medtronic considers security of personal information an issue of significant importance and believes that it is also important for the user. Medtronic takes all industry standard measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction. However, no website or e-mail transmission is 100% secure or error-free. You acknowledge that the Application may not be password protected, and that you are responsible for maintaining the confidentiality and security of any of your data available via the Application on your mobile device, by using an ID and password credentials for your mobile device.

PERSONAL RIGHTS

At any time, an user is entitled to withdraw its consent as well as to exercise the right of access, rectification, to request your Personal Data in a structured, commonly used and machine-readable format (data portability) and, as appropriate, right to object, to erase or limit the processing of any of its personal information, in accordance with applicable laws, by sending a request together with a proof of identity (such as a copy of the identity card or passport) to rs.privacyeurope@medtronic.com. You may also contact your physician to exercise such rights.

In the event that the user is not satisfied with the management of the request, the user can contact Medtronic data protection officer at europeandpo@medtronic.com. or to lodge a complaint with the competent Supervisory Authority (http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm).

WHAT HAPPENS IF THE PRIVACY POLICY CHANGES?

This Privacy Policy was last revised on April 2021. This Privacy Policy can be changed at any time and for any reason. If significant changes are made to the Privacy Policy, Medtronic will publish a notification in the Application for a given period of time after the introduction of these changes. Medtronic recommends that you re-read this Privacy Policy each time you access the Application or each time a notification is published in the Application.

HOW TO CONTACT MEDTRONIC

If you have questions on the processing of your personal information using the Application in context of One Hospital ClinicalService, please contact your physician.

If you have any questions or comments regarding this Privacy Policy, please do not hesitate to contact Medtronic through the contact details listed in the personal rights.

End user license agreement

NOTICE TO USER:

This is a legal agreement between you (an individual or entity, referred to hereinafter as “you”) and Medtronic Italia S.p.A (“Medtronic”) for the “MyTriageHF” mobile application, including any related documentation, updates and upgrades (collectively referred to hereinafter as the “Application”).

BEFORE USING THE SOFTWARE, YOU NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT AND THE PIVACY STATEMENT (“Agreement”).

If you do not agree with the terms and conditions of this Agreement, you are not authorized to use the Application. This Agreement only apply to this Application, and do not apply to any other applications, web sites or software operated by Medtronic or its Affiliates.

You can enter in the Application your information and any others notes you decided to enter.

The data are transmitted by you via your mobile data service or via Wi-Fi to a server located in European Union and Medtronic is not responsible for this connection.

1. GRANT OF LICENSE. This Application is developed by [Airon Telematica S.r.l.] on behalf of Medtronic and Medtronic has all the rights and makes it available to you. Medtronic grants you a limited, nonexclusive, non-assignable and non-transferable license to use the Application, in compliance to this Agreement.

2. OTHER RIGHTS AND LIMITATIONS. You agree not to reproduce, modify, separate the components of, adapt or translate or otherwise create derivative works from, the Application and further agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application.

You may not rent, lease, distribute or lend the Application to third parties. You agree not to use the Application unlawfully or for unlawful purposes, including, without limitation, any use that violates the privacy rights of third parties. You also agree not to damage, disable, overburden, interfere with, or impair Medtronic services (or any network or device connected to a Medtronic service).

3. OWNERSHIP. Title, ownership rights, and intellectual property rights in and to the Application shall remain with Airon Telematica S.r.l. which developed and made available to users the Application.. There is no transfer to you of any title to or ownership of the Application and this Agreement shall not be construed as a sale of any rights in the Application.

You agree not to remove or alter any copyright, trademark, registered mark, or other proprietary notices on any copies of the Application. Airon Telematica S.r.l. reserve all rights not expressly granted herein.

4. NO MEDICAL SERVICES AND NO DATA ACCURACY. You understand that Medtronic does not provide licensed health care services, nor does Medtronic provides medical, health, or other professional services, advice, or decision-making through this Application. Medtronic also does not monitor and verify the accuracy of the data you entered in the Application.

5. UPGRADES. If you acquire an upgrade, updated version, modified version, or additions to or for this Application, the upgrade, updated version, modified version, or addition, shall be included in the term “Application” and governed under this Agreement.

6. LIMITED WARRANTY AND REMEDY. Medtronic warrants to you that the Application will perform substantially in accordance with the Application user documentations. Medtronic does not warrant that the operation of the Application will be uninterrupted or error free or that the functions of the Application will meet your needs or requirements. This Limited Warranty is void if failure of the Application resulted from accident, abuse, or misapplication. You are solely responsible for decisions made and actions taken based on your use of the Application.

THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MEDTRONIC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, INTEROPERABILITY WITH ANY PARTICULAR DEVICE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDTRONIC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF, INTERRUPTION, LOSS OF INFORMATION, PERSONAL INFORMATION OR OTHER LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION, OR ARISING OUT OF THIS AGREEMENT, EVEN IF MEDTRONIC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PREVIOUS LIMITATIONS WILL NOT APPLY IN THE EVENT OF MEDTRONIC’S INTENT OR GROSS NEGLICENCE

8. INDEMNIFICATION. NO ENDORSMENT. By your use of this Application you agree to defend, indemnify and hold Medtronic, its officers, directors, employees, agents, parent, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this site, including all content and services in a manner than violates or is alleged to violate these Agreement. Medtronic shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding. Medtronic does not recommend or endorse any opinions, specific tests, products, or procedures that may be mentioned on this site. Medtronic assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you.

9. EXPORT RESTRICTION. You agree that the Application will not be shipped, transferred or exported into any country or used in any manner prohibited by any other restrictions, law or regulations.

10. OTHER RESTRICTIONS. Misusing a Medtronic product or software, improperly accessing information that Medtronic products transmits, use of the Application on a “jailbroken” and/or any other unauthorized actions may place you at risk, cause the Medtronic products or Application to malfunction, is not permitted and voids any applicable warranty. The Application made available by Medtronic to you may be interrupted or unavailable.

11. GOVERNING LAW AND GENERAL PROVISIONS. This Agreement shall be governed and construed under the applicable local law. This Agreement is the entire agreement between the parties related to the Application. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives.

If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by both Parties.

12. AGREEMENTS UPDATE. These Agreement was last reviewed in April 2021. We may change these Agreement at any time and offer to you the opportunity to review the updated Agreement and accept the modified terms. By using continuously this Application, it means you accept the most recent version of the Agreement.

13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state of residence or have your legal guardian accept on your behalf

14. CONTACT INFORMATION. In case of questions or doubts about the Application or this Agreement, including any requests for access to data, corrections, restrictions or any changes to any applicable consent, you can contact us writing to privacyeurope@medtronic.com.

15. PRIVACY STATEMENT. Medtronic is committed to protecting your privacy. Personal data may be collected and processed depending of your use of the Application. Please read the following Privacy Policy to learn how we protect and use information that we gather through this Application.