Terms and Conditions

Last update: April 2024

Glossary

‘Company’, ‘Our’, ‘Us’ or ‘We’ refer to ADL Smartcare Limited, incorporated and registered in England with company number 4456225 whose registered office is at Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield S1 2BJ. ADL Smartcare is the Owner of the LifeCurve™ Website and software, including the knowledge and code it contains.

‘Content’ means all material, data and/or information that is made available to You to view and/or download in or from the Website.

'Local Organisation' refers to Falkirk Health and Social Care Partnership.

‘Security Information’ means Your user name, email address, identification number, password, or other credential You use to access the Website.

‘Website’ means Our LifeCurve™ Public website (http://livingwellfalkirk.lifecurve.uk), including the Content and any subsequent updates or supplements to it.

'You' or 'Your' means the user of the LifeCurve™ UK Website.

1. Introduction

   The LifeCurve™ Public Website is available to residents of the Local Organisation. The purpose of the Website is to assist You with Your functional ageing journey, and if required, suggest equipment, exercise routines or other resources tailored to You – all without the need to be assessed at home or at a clinic by a Healthcare Professional.

   Please read these Terms of Use carefully and pay particular attention to Your privacy and data (clause 2), licence rights and restrictions (clause 3) and limitation of liability (clause 10).

   If You do not accept these Terms of Use in full, You should discontinue Your use of the Website immediately.

   We may need to change these Terms of Use from time to time by posting such changes on Our Website. You are responsible for regularly reviewing information posted on Our Website to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes Your acceptance of these Terms of Use as modified by the posted changes. If You do not accept the posted changes, You must terminate use of the Website immediately.

2. Your privacy and data

   1. We will collect and/or use Your personal information provided via the Website in accordance with Our Privacy Notice. Please read Our Privacy Notice in conjunction with these Terms of Use.

   2. By using the Website, You will have also acknowledged and consented to the contents of Our Privacy Notice.

   3. By using the Website, You agree to Us collecting and using technical information about the devices on which You use the Website and related software, etc. to improve Our products and to provide services to You.

   4. Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

   5. Certain services available on the Website may use location data sent from Your devices. You can turn this functionality off at any time by turning off the location services settings for the Website on the device. If You do not turn this off, by using these services You consent to use Our affiliates and licensees transmission, collection, retention, maintenance, processing and use of Your location data to provide and improve location based services and products.

3. Licence rights and restrictions

   1. The Company grants to You a non-exclusive, non-transferable, non-assignable licence to use the Website and access its Content in a manner set out in this agreement only.

   2. The Company remains the owner of the Website at all times.

   3. You may use the Website to:

      1. access Your personal LifeCurve account;

      2. allow and facilitate another person to access their LifeCurve account, with Your approval. Such persons will also be subject to these Terms of Use.

   4. You must:

      1. use the Website and ensure that anyone else who uses the Website on Your device complies with these Terms of Use;

      2. promptly comply with Our reasonable instructions from time to time concerning the use of the Website or its Content;

      3. be 18 years or older to accept these Terms of Use unless You are 16/17, have a personal account with Us and have the consent or involvement of a parent or guardian; And

      4. immediately notify Us of any unauthorised use of any of Your Security Information, unauthorised use of Your account or any other breach of security as soon as You become aware of it.

   5. You must not:

      1. use the Website for any other purpose than as is permitted under these Terms of Use;

      2. use the Website (or its Contents or services) for any business purposes;

      3. adapt, vary, alter, translate, merge, or modify the Website or any part of it or its Content or permit the Website or any part of it to be combined with or become incorporated in any other programs;

      4. use the Website in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms of Use or act fraudulently or maliciously (e.g. hacking into or inserting malicious code, such as viruses or harmful data into the Website);

      5. transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Website;

      6. do anything which could damage, disable, overburden, impair or compromise Our systems or security or otherwise interfere with other users;

      7. collect or harvest any information or data from Our systems or attempt to decipher any transmissions to or from the servers running the Website;

      8. copy the Website, rent, sub-license, loan, provide or otherwise make available the Website in whole or in part to any person without Our prior written consent (and then only in such a way that the Intellectual Property Rights in the Content is acknowledged);

      9. disassemble, decompile, reverse engineer or create derivative works based on the whole of or any part of the Website;

      10. disclose Your Security Information to any person or organisation;

      11. permit any other person or organisation to use Your personal LifeCurve account on the Website on Your device except when 3.3.2 applies; Or

      12. access or attempt to access any other person’s or organisation’s account on the Website except when 3.3.2 applies.

4. Availability and updates to the Website

   1. We make no warranty or representations that Your use of the Website will be uninterrupted. All reasonable measures are taken by Us to ensure that this Website is operational all day, every day. We will not be liable if the Website is unavailable at any time.

   2. From time to time We may update the Website to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Use of the Website may be temporarily suspended during the implementation of such changes. Where possible We always try to give advance warning of maintenance issues that may result in the unavailability of the Website but We shall not be obliged to provide such notice.

   3. If the need arises, We may suspend access to the Website, or any part of it, or close it indefinitely and/or remove functionality from the Website and any Content available through it, at any time.

   4. Whilst We make reasonable efforts to maintain the Content on the Website, We make no representation and cannot guarantee that such Content will be accurate, complete or up to date.

5. System requirements

   1. Internet connection is required to use the Website.

   2. You or whoever owns the device may by charged by service providers for internet access from the device which may be required to access and use the Website and the related services and such charges will be Your responsibility.

   3. Use of the Website requires an updated version of one of the following internet browsers: Firefox, Safari, Chrome, Edge, Opera. The Website is not compatible with Microsoft Internet Explorer.

   4. We make no warranties or representations that the Website will meet Your requirements or that it will be compatible with Your device.

6. Intentionally left blank

7. Virus protection and security

   1. We give no warranty or representation that the Website is free from viruses, worms, trojans, logic bombs or other material which is malicious or technologically harmful. You should run an antivirus program on all material downloaded from the Website.

   2. In connection with Your use of the Website, You will not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. By breaching this provision, You could commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and We will co- operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

8. Intellectual Property Rights

   1. In this clause 8 "Intellectual Property Rights" means all copyright, know-how, trade secrets, design rights, database rights, related rights, trade marks, rights in computer software, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

   2. All Intellectual Property Rights in the Website and its Content shall remain Our property. This agreement does not transfer any ownership or rights in Our Intellectual Property Rights to You.

   3. All trademarks, logos, graphics, brand names and associated phrases used on the Website (except those provided to us by the Local Organisation for the purpose of customising the Website) are owned by Us and must not be used without Our prior express written consent.

9. Links policy

   1. The Website or its Content may contain links to other independent websites which are not provided by us. We do not:

      1. control such websites;

      2. check or approve their content or privacy notices; Or

      3. accept responsibility for these websites.

   2. You will need to make Your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them. Any links to such websites do not represent or signify that We endorse the website.

   3. This clause 9 should be read in conjunction with Our Advertising Statement.

10. Limitations of liability

    1. Nothing in these Terms of Use will exclude or limit Our liability for fraud, or statements made fraudulently; Or for death or personal injury caused by Our negligence, or for any other liability which cannot be excluded or limited under applicable law.

    2. Use of the Website is at Your own risk and You are wholly responsible for deciding to use the Website or its Content and/or any decisions You make based on the Website or its Content. You are also responsible for making sure that the Website is suitable for You as it has not been specifically developed for You.

    3. We do not accept responsibility for any loss and/or damage to Your device or any other hardware or software You use in connection with the Website, including in connection with any viruses that may affect the same on account of Your use of the Website.

    4. The Website is for domestic and private use only, if You use the Website for any commercial, business or resale purpose. We shall have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity or similar business loss.

    5. We are not responsible for the act or omission of any third party or for events which are outside Our control.

    6. To the fullest extent permitted by applicable law, the Website is provided to You ‘as is’, without support or maintenance.

    7. To the fullest extent permitted by applicable law, We and Our licensors disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied, and whether arising by statute, common law or otherwise.

    8. Subject to clause 10.1 and to the extent permitted by law, We will not be liable to You whatsoever and/or howsoever in relation to Your use of the Website under or in connection with these Terms of Use, whether in contract, tort (including negligence) or otherwise.

    9. Subject to clause 10.1 and to the extent permitted by law, We will not be liable for any loss that You may incur as a result of someone else using Your Security Information, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party as a result of someone else using the Security Information.

11. Support for the Website

    1. If You want to learn more about the Website or have any problems using it please contact Us at support@adlsmartcare.com.

    2. If We contact You, We will do it by email using the contact details You have provided to Us.

12. Termination

    1. Without prejudice to Our other rights under these Terms of Use, We may end Your rights to use the Website at any time if You breach or We have reasonable grounds to suspect You have breached these Terms of Use. If We end Your rights You must:

       1. terminate all use of the Website immediately.

13. Severability

    If any clause under this agreement becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause shall be deemed deleted. Any modification to or deletion of a clause under this clause 13 shall not affect the validity and enforceability of the remaining clauses.

14. Waiver

    Any delay in enforcing this agreement does not waiver Our rights to enforce them or take action against You for any breach of this agreement.

15. Exclusion of third party rights

    This agreement is for the benefit of You and Us and is not intended to benefit any third party or be enforceable by any third party.

16. Entire agreement

    This agreement constitutes the whole agreement between You and Us relating to this subject matter and supersedes all prior agreements or promises between You and Us relating to its subject matter.

17. Law and jurisdiction

    This agreement is governed by and construed in accordance with English law and the English courts have exclusive jurisdiction to settle any dispute or claim arising from this agreement.

ADL Smartcare: Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield S1 2BJ

Registered in England: Company 4456225

Email: privacy@adlsmartcare.com

Last update: April 2024

Glossary

Controller: the person or organisation who determines what Data is to be processed, and the purpose for which it is processed. For the purposes of this notice, ADL Smartcare holds this role. Where the Local Organisation downloads or saves any Data available to them, then the Local Organisation becomes the sole Controller of such Data. You should refer to them for more information on how Your Data will be handled.

Data: Information which can be used to identify a specific individual person.

‘Local Organisation’ refers to Falkirk Health and Social Care Partnership.

‘Our’, ‘Us’, or ‘We’ refers to ADL Smartcare Limited: Owner of the LifeCurve™ Software, including the knowledge and code it contains.

Processing: any action involving personal Data – including working with the Data in some way as well as collecting, storing, sharing and deleting the Data.

‘Website’ means Our LifeCurve™ Public website (http://livingwellfalkirk.lifecurve.uk), including the Content and any subsequent updates or supplements to it.

‘You’ or ‘Your’ means the user of the LifeCurve™ Public Website.

Introduction

The LifeCurve™ Public Website is available to residents of the Local Organisation. The purpose of the Website is to assist You with Your functional ageing journey, and if required, suggest equipment, exercise routines or other resources tailored to You – all without the need to be assessed at home or at a clinic by a Healthcare Professional.

How should I trust it is safe?

The expert advice offered through the LifeCurve™ websites has been gathered by panels of Expert Professionals in the Healthy Ageing field (older person Physiotherapists, Occupational Therapists, Nurses etc) – from best practice, experts in Ageing, and related research over the last twenty years. They are intended to replicate the process and clinical reasoning used by a Professional if they were to carry out an assessment in-person. In addition, accurate use of the Website is covered by Professional Indemnity Insurance.

Why can We process Your Data?

In order to facilitate Your access and use of the LifeCurve™ Public Website, We ask for Your explicit consent to process the required Data. You may withdraw Your consent at any time by contacting ADL Smartcare or the Local Organisation – however, We will not be able to provide help or advice for Your ageing journey without the Data above, or Your consent.

ADL Smartcare and the Local Organisation are equally committed to protecting Your rights and privacy in respect of Your Data, in accordance with the UK Data Protection Act.

What Data about You is collected?

We request the following Data about You or the person relying on the advice:

• First name
• Surname/family name
• Year of birth (to allow Us to benchmark You against other users if You wish)
• Postcode (to confirm service/delivery eligibility, and to provide local resources)
• Email address
• Phone numbers and full address (to enable us to process equipment orders)

In addition, through assessments of Your needs, We will collect information regarding Your health and ability to complete activities of daily living. This may include information about Your home environment and ability to complete specific tasks or movements. We will only ever ask questions relevant to the assessment or goal You are hoping to complete.

We consider this to be sensitive health information, and so We ask for Your explicit consent for Us to collect and Process it. You may withdraw Your consent at any time by contacting the Local Organisation – however, We will not be able to provide help or advice for Your ageing journey without either this Data, or Your consent.

May I remain anonymous?

It is possible to complete a LifeCurve™ assessment without first registering on the Website. This will show You where You are on Your ageing journey. You will be required to provide Us with information regarding Your ability to complete activities of daily living. If You remain anonymous, You will not be able to retrieve this assessment result in the future.

By setting up an account on the Website, and providing Us with the Data listed above, You will be able to:

• save and track Your progress
• receive additional help towards specific goals or ambitions
• access local support such as equipment or other resources or activities.

What do We do with Your Data?

Information You have given Us in an assessment will be used by Our software algorithms, embedded in the Website, to generate the best solutions for You based on healthcare professional assessments processes, knowledge and expert practice recommended to Us over twenty years. This is known as Automated Decision Making, and by consenting to using the Website You acknowledge Your Data will be subjected to this process. However, it is for You to decide whether You accept the outcome and any suggested movement routines, equipment or other help offered (which has itself been reasoned by Professionals).

Your Data may be available to authorised employees of the Local Organisation who may use it to support You on Your ageing journey. It may be possible for them to link the information You provide to other health records they hold.

ADL Smartcare may also use your anonymised Data to provide the Local Organisation with insight into how the people in Your area as a whole are ageing. However, no personally-identifiable Data will be shared with any other person or organisation.

In addition, You have the option to consent for Your anonymised Data to be used for the purposes of research into healthy ageing, to improve ageing and wellbeing in future. Declining to opt-in will not affect Your rights or ability to use Our Website for Your own healthy ageing journey.

How will Your Data be kept and stored?

Your Data will be stored in the UK by ADL Smartcare on secure, dedicated infrastructure. ADL Smartcare itself is Cyber Essentials accredited. ADL Smartcare outsources IT/Data Support and hosting to organisations which are compliant and certified with Cyber Essentials and/or ISO 27001.

Your Data will be retained for seven years following the last recorded activity (such as an assessment).

Staff of the Local Organisation receive training on handling Your Data securely and professionally. In addition, there are a number of physical and technical features built into the LifeCurve™ Pro platform, to ensure Your Data is secure when kept by Us.

To aid the management and administration of the platform, from time to time it is necessary for specific employees within ADL Smartcare (or its suppliers or contractors) to have brief access to Your Data. Where this does happen, Your Data will be protected by, and handled in accordance with, the UK’s Data Protection Act (2018). This includes an expectation that Your Data will be handled with due security, confidentiality, care and respect. It is supported by staff training and other technical and organisational measures, including encryption.

Your rights concerning Your Data

You have a number of rights relating to Your Data or how We use it:

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to Data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

If You would like to exercise any of these, or would like a copy of the Data We hold about You, please get in touch with ADL Smartcare using the email address below. However, please note that some of these rights are not absolute - for example, We may not be able to forget You entirely where We are required by law to retain Your Data for a specific reason or length of time.

In addition, if You are concerned Your Data is inaccurate, You may update it on the Website Yourself or contact support@adlsmartcare.com in the first instance.

If You have a complaint regarding how Your Data has been handled by Us, please first raise this with ADL Smartcare’s Data Protection Officer. If You are not satisfied with the outcome of this, You may escalate Your complaint to the Information Commissioner’s Office. For more information, visit: https://ico.org.uk/make-a-complaint/

ADL Smartcare: Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield S1 2BJ

Registered in England: Company 4456225

Email: privacy@adlsmartcare.com