The Smartest

Diabetes Assistant

Spike Diabetes Solutions General terms and conditions
Last updated on 17th July 2018

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1. SCOPE
1.1 Our products
1.1.1 We, 
Spike Diabetes Solutions
Beirut Digital District Berytech Digital Park BDD 1294 Bechara El Khoury Street Beirut Lebanon
+961 70 636 133, support@thespikeapp.com

(“Spike Diabetes Solutions”), develops and operate an interactive platform and mobile applications (apps) for people with diabetes. Spike Diabetes Solutions is a digital health company and wants to offer people with diabetes comprehensive care in order to minimize the barriers and problems of daily therapy. Our products and services are solutions that aim to make diabetes management less diabetic.
1.1.2 Our Products provide information and content that has been assembled with the greatest of care and to the very best of our knowledge and ability from internal and external sources. We nevertheless wish to emphasize that our Products and services are only to be used to provide you with information and to build awareness. However they cannot replace consultation with and diagnosis by a healthcare professionals. Under no circumstance does Spike Diabetes Solutions issue medical therapy recommendations or medical advice of any kind. For questions on the illness and therapy, we recommend contacting your healthcare professionals. The data provided must only be analyzed by you and your healthcare professional. No content – no matter whether provided by Spike Diabetes Solutions itself, our cooperation partners, or users – can be understood as supplementing or replacing information from a healthcare professional or pharmacist.
1.1.3 Spike Diabetes Solutions offers a range of Products (apps) and services as well as combinations of these (bundles) for managing your diabetes. For the sake of simplicity, all current and future apps, services, and bundles (including new versions,updates, and other improvements) that Spike Diabetes Solutions provides in any way, are subsequently referred to jointly as “Products” or individually as a “Product”. Each person who acquires and uses one or more of our Products is referred to jointly as “Users” or individually as “ User”. If these terms and conditions refer to natural people using the male form, they apply equally to all people of all genders.
1.1.4 In connection with these terms and conditions, the following term definitions apply to individual Products: 

Apps

Spike Diabetes Solutions Assistant is an independent mobile application (app) for your smart device (such as but limited to phone, tablets, etc.) that documents your daily life with diabetes. Our basic version of the Spike Diabetes Solutions Assistant has restricted functions.
Spike Diabetes Solutions Assistant Pro is the name of the unrestricted full version of the Spike Diabetes Solutions Assistant. Spike Diabetes Solutions Assistant is subject to a charge and offers numerous additional functions to control your diabetes in an even better way. 
Spike Diabetes Solutions Assistant Bolus Calculator uses your settings to calculate your insulin or carbohydrate in a few steps. Our Calculator is an additional service that is available in combination with Spike Diabetes Solutions Assistant Pro. 
Services

Spike Diabetes Solutions Coach offers comprehensive information independent of time and location from diabetics, certified diabetes educators and dieticians. In some countries you can use Spike Diabetes Solutions Coach as an extension of Spike Diabetes Solutions Assistant Pro. 
1.1.5 Our user manuals (accessible via our apps or via our website) and the relevant special provisions (see section 8) emphasize any peculiarities for the individual Products.

1.2 Scope of our terms and conditions
1.2.1 We exclusively offer all of our Products on the basis of the current version of these General terms and conditions, this applies globally with the exception of the USA and Canada. Spike Diabetes Solutions explicitly opposes contradictory business or other usage terms.
1.2.2 Please note that before using our Products for the first time you must consent to all of the declarations and agreements referred to and accept them during any further usage. The registration and use of our Products is prohibited without your consent to our terms and conditions.
1.2.3 We explicitly reserve the right to make future changes and factually justified modifications to our terms and conditions. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users. Such changes are possible at any time and will be published in an appropriate manner before they take effect, giving each User the opportunity to oppose them in writing within appropriate time of their publication. If they are not opposed, the ongoing use of our Products is subject to the relevant new terms and conditions.
1.3 Third-party suppliers
1.3.1 It goes without saying that you will find our Products in the app stores. In general, the business terms of the relevant third-party supplier (over which we have no influence) apply there; these are not part of our terms and conditions nor our contractual relationship with you as the User of our Products. This also applies to the business terms and conditions of your mobile device or service supplier. 
1.3.2 We work with various partners to ensure the optimal use of our Products. These include cooperation partners that supply us or our Users directly with certain Products (e.g. blood glucose meters, test strips) as well as insurance companies who may pay the cost of our Products for you. In these cases, we explicitly emphasize the applicable business terms of a third-party supplier or you must accept such business terms anyway before you can acquire one of our Products via a third-party supplier. 

Data protection
We are aware of the major responsibility that comes with your use of our Products. Not only do you provide us with general personal data but also with data on your health. In our Privacy Notice we inform you about the use and protection of your data in connection with using our Products and on your consent required for this. 

WITHOUT YOUR PRIVACY CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE IN LEGAL OR ACTUAL TERMS.
Our Privacy Notice is not part of these terms and conditions but rather is only used to provide you with information under the GDPR on the basis of which you issue your consent for the necessary data processing.


3. Concluding the contract and registration
3.1 Purchase of and payment for our products
3.1.1 Our products can be purchased by various means:
Apps, services

App stores (such as Apple App Store/iTunes or GooglePlay) offer our products. Please note that to purchase (not: use) our products, the separate business terms of the app store apply and these may require a user account.
Our website has a login area and offers direct access to our products, in particular for the Spike Diabetes Solutions Guardian.
Voucher codes for our products are in constant circulation and can be redeemed on our website.

Bundles
Therapy devices are sometimes sold jointly with our products. So you can, for example, pair your blood glucose meter and other therapy devices with our app.

Insurance companies (public and private) work with Spike Diabetes Solutions to support persons with diabetes with our products. Costs of our products are paid by the insurance company either directly or reimbursed under your insurance
tariff. You can find out from us whether your insurance company already cooperates with us.

3.1.2 You can purchase our chargeable Products on our website, via app stores or within our apps. They are paid for via the app store’s user account using the stipulated payment options. The relevant app store acts either as an agent and payment service provider for Spike Diabetes Solutions or as a direct seller. If you experience problems with downloading or payment, please contact support@thespikeapp.com any time.
3.1.3 Usage fees or purchase prices (including statutory value-added tax) must be paid – depending on the offer and selection – once or repeatedly (e.g. on a monthly, 6-monthly, or annual basis). The current fees are displayed in our app or the app stores and are due for payment in advance. If payment is not processed directly via the app store, we can send you invoices and payment reminders by email. In the event of culpable, late, or incomplete payment, we are entitled to block your access to our Products. Your usage fee payment obligation remains unaffected by this.
3.1.4 We explicitly reserve the right to restrict free Products at any time, stop them completely, or charge a fee for them. No legal right for the future can be derived from the free use of individual Products or parts thereof for a particular period.
3.1.5 Spike Diabetes Solutions can also make special and free offers that are subject to additional conditions or restrictions. In this regard we explicitly refer to any variances from these T&Cs while otherwise the full content of these T&Cs remain applicable. Special or free offers cannot be transferred to other Users.
3.2 Registration and activation
3.2.1 The use of our Products requires your registration with Spike Diabetes Solutions in our apps. As soon as you have activated our Product for the first time, you must register using an email address and password (Spike Diabetes Solutions ID). Each User may only create one Spike Diabetes Solutions ID and each Spike Diabetes Solutions ID can only be used by one User.
3.2.2 By registering, the User agrees to his binding offer to conclude a contract with Spike Diabetes Solutions for the use of our Products on the basis of the applicable version of these T&Cs. We explicitly accept such offer, at the latest by activating your Spike Diabetes Solutions ID or sending the ordered goods.
3.2.3 The activation is confirmed to you directly after registration by a separate email. We reserve the right to reject individual Users or their offer to conclude a contract without stating a reason. In such a case any payments already made will be reimbursed and User data provided deleted immediately.
3.2.4 Upon registration, the User confirms that he is at least sixteen years old and that applicable law permits him to conclude contracts. Only people with legal capacity are permitted to register. Minors are only permitted with the explicit agreement of a parent/guardian. A scanned copy of this written consent must be sent to support@thespikeapp.com. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in the name of the minor.
3.2.5 On registration, the User confirms their acknowledgement and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete; they are also obliged to regularly update their personal information. We reserve the right to contact Users at any time to verify registration data and usage information.
3.2.6 If the User provides false, incorrect, out-of-date, or incomplete information or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, Spike Diabetes Solutions is entitled to block the relevant Spike Diabetes Solutions ID with immediate effect without prior notice and prohibit the use of our Products without being obliged to repay the User for the costs incurred.
3.2.7 The User must protect their registration data from unauthorised access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the Spike Diabetes Solutions ID has been exposed to such a risk, this must be notified without delay to support@thespikeapp.com. We have the right to block the Spike Diabetes Solutions ID of any User if it is used for wrongful or fraudulent intentions.


4. RIGHT OF WITHDRAWAL AND REVOCATION
4.1 Information on exercising revocation right
4.1.1 If you do not use our Products either for commercial or for professional purposes, as a consumer you are entitled to revoke the contract concluded with Spike Diabetes Solutions under the following conditions: 

REVOCATION RIGHT
Revocation right

You have the right to revoke this contract within fourteen days without stating a reason.
The revocation period is fourteen days from the date the contract was concluded (digital content activation) or from the date on which the consumer or a third-party named by them other than the carrier, took possession of the goods (physical delivery).
To exercise your revocation right, you must inform us of your decision to revoke the contract using a clear declaration to Spike Diabetes Solutions, Beirut Digital District Berytech Digital Park BDD 1294 Bechara El Khoury Street Beirut Lebanon, Telephone +961 70 636133, email support@thespikeapp.com (e.g. by email or post). You can use the enclosed sample revocation form but this is not required.
To maintain the revocation period, it is sufficient for you to send the notification of exercising the revocation right before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we must repay all payments that we have received from you, including any delivery costs (with the exception of additional costs that are incurred by your selection of a delivery method different from the lowest cost standard delivery that we offer), without delay and at the latest within fourteen days of the date when the notification of your revocation of this contract was received by us. We use the same payment method for this repayment as you used for the original transaction unless we have explicitly agreed something different; under no circumstances are charges incurred due to this repayment.
Please note that if your health insurance has reimbursed you for the costs of revoked goods or services under the tariff, then your insurance company may have a corresponding claim for compensation.
We can refuse the repayment until we have received the goods or until you have provided evidence for having returned the goods, depending on which is earlier in time. You must return or hand over the goods without delay and in all cases within fourteen days from the date on which you informed us of the revocation of this agreement to Spike Diabetes Solutions, Beirut Digital District Berytech Digital Park BDD 1294 Bechara El Khoury Street Beirut Lebanon, telephone +961 70 636133, email support@thespikeapp.com. The deadline is met if you send the goods before the end of the fourteen day period. We will bear the costs of returning the goods.
You must only pay for any loss of value to the goods if this loss of value is due to handling the goods in a manner that is not necessary in order to check the nature, characteristics, and functionality of the goods.
If you have requested that the services should start within the revocation period, you must pay us the appropriate amount that applies for the services provided up until the date when you inform us of the execution of the revocation right for this contract, compared to the scope of the total services envisaged under this contract.


REVOCATION FORM

If you wish to revoke the contract, please complete this form and return it to

Spike Diabetes Solutions
Beirut Digital District Berytech Digital Park BDD 1294 Bechara El Khoury Street Beirut Lebanon

support@thespikeapp.com


I hereby revoke the contract concluded by me for the purchase of the following goods /provision of the following
service: 

Ordered on / received on:

Spike Diabetes Solutions ID, name, and address of the consumer:

Date and signature (only for notification on paper)

4.2 Exemptions from the right of withdrawal
4.2.1 You have no withdrawal right for contracts for the delivery of digital content not stored on physical media if we – with your explicit consent, connected with your knowledge of the loss of the withdrawal right (revocation right) in advance starting with the contract fulfillment and after provision of a copy or confirmation under Section 7 Para. 3 FAGG – started delivery before the end of the otherwise existing withdrawal period.  Under Section 7 Para. 3 FAGG the User is provided with confirmation of the contract concluded on a durable medium (e.g. email) within an appropriate period after concluding the contract, at the latest however before starting the service provision, with the information stated in Section 4 Para. 1 FAGG if this information has not already been provided on a durable medium. The contractual confirmation must always contain a confirmation of the agreement to immediately provide the service and acknowledgement by the User of the consequential loss of the withdrawal right (revocation right). 
4.2.2 Furthermore, you have no withdrawal right for contracts for goods that were delivered sealed and are not suitable for return due to health protection or hygiene reasons if the seal has been removed after delivery. It is not technically or economically possible to check later whether the ordered goods were used after receipt, have come into contact with bodily fluids, have been (partially) combined with contaminated elements of the goods, or have been stored properly – therefore the reuse or resale of such goods is strictly prohibited for us and/or the relevant manufacturer. Therefore the withdrawal right is excluded due to the controlled hygiene and storage requirements.


5. USE OF OUR PRODUCTS
5.1 Usage term and termination
5.1.1 Your right to use our Products starts with registration and activation by Spike Diabetes Solutions.
5.1.2 You can use our free Products without any time restriction. The usage life for Products that you purchase with the participation of your health insurance company (mainly the Spike Diabetes Solutions Bundle) depends on the relevant insurance and contractual conditions.
5.1.3 Our chargeable Products can be purchased in the form of monthly or annual subscriptions, depending on the current offer they are also available for a shorter or longer usage period (hereinafter “ subscription period”). The relevant subscription period is displayed in our apps or the app stores.
5.1.4 Both the User and Spike Diabetes Solutions are entitled to terminate the contract ordinarily at any time by giving notice of one month with effect at the end of the month. You can either do this by selecting “Cancel Subscription” in your app store user account or the login area of our website or by written notification to us at support@thespikeapp.com. Please note that fees already paid for an unused subscription period are only reimbursed in the event of ordinary termination by Spike Diabetes Solutions or automatic ending (section
5.1.6 below).
5.1.5 If there is no termination or termination is late, the subscription period is extended automatically by another period corresponding to the previously selected subscription period. The relevant standard price at the time of the extension (not the prices of any special or free offers or offers from your insurance company) applies. You can deactivate the automatic renewal in your user account settings of the relevant app store.
5.1.6 In the event of the User's death or the revocation of the privacy consent, the usage relationship ends automatically with immediate effect. Spike Diabetes Solutions is not permitted to process your health data without your consent.
5.1.7 If you have questions on your usage term or its ending, please contact support@thespikeapp.com at any time.
5.2 Lock out and exclusion
5.2.1 We reserve the right to temporarily lock out Users at any time for any important reason (at our discretion) or to permanently exclude them from using our Products. In the event of such a contract ending without a notice period, the reimbursement of usage fees is excluded.
5.2.2 An important reason occurs, in particular, for serious infringements by a User against the provisions of these terms and conditions, e.g. infringements of section 3.1 (Payment) after setting a two-week grace period, section 3.2 (Registration data), section
5.3 (License) or section 6 (“Your behavior”).
5.3 License and the granting of rights
5.3.1 With your registration and activation, you acquire the non-exclusive, non-transferable but geographically unrestricted right to save and use a copy of our app for your own purposes within the framework of these T&Cs. For chargeable Products, this license is restricted to the duration of your contractual subscription period.
5.3.2 The software, code, methods, and systems as well as the content of our Products are protected by copyright and competition law and may exclusively be used by Spike Diabetes Solutions. Our Products or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of Spike Diabetes Solutions. Unless otherwise provided by these terms and conditions, all of the usage and exploitation rights are owned exclusively by Spike Diabetes Solutions or an affiliated company and there is no licensing of any kind for our Products.
5.3.3 If this is required for the technical provision of our Products, each User grants Spike Diabetes Solutions a non-exclusive, revocable but free, transferable exploitation and usage right,unrestricted in terms of time and location, to the content that they generate, transfer, store, or publish within our Products. Usage or exploitation is however excluded if this disproportionally adversely affects the legitimate interests of the User (e.g. privacy rights). In the event of usage outside our Products, if appropriate, we will indicate that the content comes from the User. Spike Diabetes Solutions does not claim any ownership of created content and will not assume any supervisory function with regard to content created by Users.
5.4 Availability of our Products
5.4.1 We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. Spike Diabetes Solutions cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our Products or communication with Users. We partly offer our Products in cooperation with third-party suppliers and are therefore also dependent on the technical provision of third-party services. Therefore Spike Diabetes Solutions accepts no responsibility, guarantee, liability, or obligation to provide our Products online at all times without interruptions.
5.4.2 This also applies to restrictions in using our Products due to force majeure, strikes, lockouts, and official instructions or due to technical modifications or maintenance work on the Spike Diabetes Solutions systems. In the event of disruptions or failures of our Products, please contact support@thespikeapp.com any time.


6. Your behavior
6.1 General information
6.1.1 Each User is entitled and obliged to use our Products at their own risk and expense whilst deploying suitable technical equipment. The devices and operating systems that are compatible with the Products can be found in the app stores or requested at any time from support@thespikeapp.com.
6.1.2 You are also obliged to use our Products exclusively in compliance with these T&Cs and the statutory provisions as well as avoiding all wrongful use. Please inform us immediately if you discover any breaches of the duties stated in this section at support@thespikeapp.com.
6.2 Abuse
6.2.1 Each User is obliged to state their registration data truthfully, to keep it up-to-date and complete as well as not to pass it on to any third party. Personal data must be treated confidentially, managed carefully and backed up under one’s own responsibility. Spike Diabetes Solutions accepts no liability or other guarantees for lost or damaged data or content if this is not our fault.
6.2.2 Content such as photos, images, texts, videos, or other depictions may only be stored, published, transferred, or distributed in connection with our Products if the User has the right to transfer or use them. In all cases the use of racist, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content of all kinds is always prohibited.
6.2.3 Furthermore it is prohibited to decrypt, reverse engineer, decompile, or disassemble our Products. Each User is obliged not to undertake any disruptive interferences by technical or electronic means in our Products or networks of Spike Diabetes Solutions (in particular hacking attempts, brute force attacks, introducing viruses, worms, trojan horses, other malicious software) nor any type of attempted disturbance that might affect the software or hardware of the Products and systems of Spike Diabetes Solutions.


7. OUR RESPONSIBILITY
7.1 Guarantee and liability
7.1.1 Unless otherwise provided by these T&Cs, Spike Diabetes Solutions is liable and provides guarantees as laid down by the statutory provisions.
7.1.2 With regard to Users who are not consumers, liability for financial losses, consequential damages, lost profit, and damages resulting from third-party claims is excluded. If our liability is limited or excluded in these T&Cs, this applies equally to vicarious agents and affiliated companies of Spike Diabetes Solutions.
7.1.3 Outside the application scope of product liability legislation, the liability of Spike Diabetes Solutions is limited to deliberate acts and gross negligence – with the exception of personal injury. The liability for slight negligence is excluded when faced with consequential objective justifications.
7.1.4 Spike Diabetes Solutions provides no guarantee for our Products being completely available without interruption and without errors or that the required software and hardware operates without errors. We can also not exclude the possibility that data could be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other telecommunication networks.
7.1.5 Spike Diabetes Solutions accepts no guarantee for downloaded content or material that Users have received as a result of using our Products. The User is solely liable for all damage that could be created in their IT system or devices or for the loss of data as a result of downloading materials associated with our Products.
7.1.6 Furthermore Spike Diabetes Solutions is not liable for third-party content such as external links, banners, other information, or advertising offers from third parties that can be placed as part of our Products. If we enable access to the offers of third parties via notifications or links, Spike Diabetes Solutions is not responsible for the information contained therein. Resulting legal transactions with third parties lead exclusively to contractual relationships between the User and the relevant third party. We accept no guarantee or other liability for the services of third parties.
7.2 Disclaimer and indemnification
7.2.1 The use of our Products does not replace consultation with a healthcare professional or other medical advice and is undertaken exclusively at the User's own risk. This applies in particular to using ordered goods, such as blood glucose meters, and any use of the data provided as part of our Products by the User including blood glucose results, calculations, and any recommendations. The User explicitly acknowledges that such data may be defective and Spike Diabetes Solutions accepts no responsibility for it being correct.
7.2.2 To the extent required by applicable medical devices law governing the use of the Products, the Products may only be operated or used exclusively as per the purpose, specifications, and application areas as laid down in the offer and usage terms.
7.2.3 The User will indemnify Spike Diabetes Solutions against all third party claims arising against Spike Diabetes Solutions as a result of the wrongful infringement of its rights by the User with regard to use of our Products. All other claims for damages by Spike Diabetes Solutions against the User remain unaffected.
7.2.4 The User accepts full liability for all damage and disputes in and out of court arising from conflicts with other Users. The User explicitly acknowledges that Spike Diabetes Solutions is under no circumstances responsible for actions or omissions by other Users and any resulting damage.
7.2.5 In the event of claims being raised against Spike Diabetes Solutions by third parties, the User is obliged to immediately provide all of the information available to them truthfully and in full as is required to review, defend, and prevent claims by third parties. The User bears the costs of any necessary legal defense by Spike Diabetes Solutions, including all court and legal costs in the statutory amount.


8. SPECIAL PROVISIONS
The following provisions on individual Products supplement the other provisions of these T&Cs unless expressly provided otherwise: 
8.1 Spike Diabetes Solutions Bolus Calculator
8.1.1 Spike Diabetes Solutions Bolus Calculator is aimed exclusively at insulin-dependent individuals or individuals receiving Functional Insulin Therapy (or similar programs) who are over 18 years old and undergo regular medical check-ups. Under no circumstances may minors use the Bolus Calculator nor may it be used by individuals who use mixed insulin or only long-term insulin for their therapy or are physically (e.g. have severely impaired eyesight) or psychologically unable to independently manage their own therapy.
8.1.2 The chargeable Bolus Calculator supports you in calculating the necessary insulin dose. The calculations made by the Spike Diabetes Solutions Bolus Calculator are based on the various parameters entered by the User. Correct data entry is essential for an approximate calculation. Under no circumstances does Spike Diabetes Solutions accept liability or other responsibility for the results and suggestions calculated by the Bolus Calculator. 
8.1.3 The result calculated by the Spike Diabetes Solutions Bolus Calculator is a suggestion to the User on the use of the calculated insulin dose. However, you are solely responsible for checking whether the calculated value is plausible – based on your own experience, your healthcare professional's medical advice, and the instructions of the medication used – and then determining your insulin dose accordingly. Spike Diabetes Solutions explicitly warns you against following suggestions made by the Spike Diabetes Solutions Bolus Calculator without any separate plausibility checks. 
8.1.4 In no way can the Spike Diabetes Solutions Bolus Calculator replace the medical expertise of a healthcare professional or regular medical check-ups, deliver insulin or other medication, perform blood glucose measurements, or calculate personal therapy parameters. 


9. FINAL PROVISIONS
9.1 Choice of law
These terms and conditions and the entire legal relationship between Spike Diabetes Solutions and the User is subject exclusively to Lebanese law, with the exception of its reference provisions and the UN Sales Convention. However as a consumer the User enjoys the protection of mandatory provisions in the country in which they are located or habitually resident.
9.2 Place of jurisdiction
The place of fulfillment and sole court of jurisdiction for all disputes arising from these terms and conditions is agreed as the head office of Spike Diabetes Solutions in Beirut. Mandatory conflicts of laws in favor of consumers remain unaffected.
9.3 Other
9.3.1 If notification or the written form is required by these terms and conditions (including for legally important declarations), transmission by email to the address stated on registration (Spike Diabetes Solutions ID) is sufficient.
9.3.2 Users are not entitled to transfer their Spike Diabetes Solutions ID or rights and obligations from these terms and conditions in connection with the use of our Products to third parties. Spike Diabetes Solutions can transfer their rights and obligations from these terms and conditions to another company or third party if such a transfer has no significant effects on the rights of the User from these T&Cs.
9.3.3 If individual provisions of these terms and conditions are or become ineffective, the other provisions of these terms and conditions not affected by the invalidity remain valid and applicable.

The Spike App 

Privacy Notice

Version dated July 18, 2018

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1. INTRODUCTION
1.1 Responsible entity
1.1.1 Spike, located in Beirut Digital District - Berytech Digital Park BDD 1294 - Bechara El Khoury Street - Beirut Lebanon, is the stated responsible entity under the data protection regulations. In other words we are the company that decides on the purpose and means of processing the personal data of our users (“User Data”) and is therefore responsible for its security and compliance with the applicable laws.

1.1.2 As the responsible entity we are subject, for example, to information requirements that we wish to fulfill in connection with this privacy notice. We also provide additional information within our products, e.g. we may ask you for a new consent or explain the consequences of revocation. The information in our products does not contradict this privacy notice, but rather supplements it with brief and easily readable information so that you can make decisions more easily. This privacy notice and the additional information are easily accessible at any time from within our products.

1.2 Structure and consent concept
1.2.1 This privacy notice informs you about the purposes and scope of processing your User Data, as well as data transfers, and your extensive rights. As our offer is exclusively aimed at persons with diabetes, your use typically already provides information on your health condition. We therefore only process User Data as health data with your consent. We differentiate as follows:

1.2.1.1 “Necessary Processing” describes how we process the User Data required to fulfill the contract. Without this consent the use of our products is not possible from a legal and a factual point of view because our services depend on this processing.

1.2.1.2 “Processing for Product Improvement” explains how you can help us and other users, with your consent, by allowing us to use your data in particular to develop algorithms for diabetes management, improve the product and so forth without us contacting you for advertising purposes etc. You can also use the products without giving us this consent - but your consent improves the database in the interest of all users so that we can improve our product more quickly.

1.2.1.3 “Processing for Marketing Purposes” describes how we contact you for marketing purposes, with your consent, e.g. by email, notifications etc. Here too you may use the products without consent but with your consent you will receive interesting information on our products or if, for example, your health insurance company covers new services.

1.2.1.4 In “General Information” we have assembled the information that applies to all of the above consents to avoid repetition.

The relevant categories are described in more detail below. You may provide the relevant consents upon registration or later via the account settings. You may revoke any consents at any time via the account settings or by sending an email to ziad@thespikeapp.com. In such an instance we will inform you about the consequences of the revocation. The lawfulness of the processing prior to revocation remains unaffected.

1.2.2 In some cases, the processing may take place independently of consent on the basis of statutory principles (e.g. medical device regulations). We will inform you accordingly in appropriate cases.

2. NECESSARY PROCESSING
If you grant your consent, we process the User Data listed below in order to be able to provide our services. If you do not consent to this necessary processing, you cannot use the services of The Spike App. You may provide your consents during the registration process and manage them in the account settings.

2.1 Necessary and optional User Data
2.1.1 In order to protect your User Data, our services can only be used in connection with a user account. To create a user account we require and process the following User Data:

Email address
Password (we only save a checksum)
Registration date
Status of consents
When using the spike app: Device ID, manufacturer, device type, operating system version
Language, country, time zone
IP address.
2.1.2 All other information is optional and self-explanatory in the input masks. Such optional entries include:

Personal Master Data: first name, last name, address, date of birth/age, gender, telephone number.

Medical Master Data: diabetes type, diagnosis year, insulin therapy (pen/pump), blood glucose target range, height, weight, meter/therapy device, medication, type of insulin, basal settings, correction factors, carbs / insulin ratio.

Commercial and Usage Data
App store download, purchase, invoices, payment status, payment method (credit card, bank account, etc.) insurance number, vouchers redeemed, IP address, device ID, operating system, browser type and version, token, activity events for customization, support queries.

Medical Data
App entries such as date/time/time zone/place, type and duration of activities (breakfast, office work, sport etc.), food intake/meal/ingredients, pills taken/injections, blood glucose measurements, notes/text, blood pressure, weight, HbA1c, ketones, steps, images/photos, medication, tags, points, imported values; sensor data such as start date/time, end date/time, time zone, sensor value, type; temporary basal rate, date; app settings such as display options, activated integrations; or coaching (status, targets, other illnesses).

2.1.3 If you wish, you can operate the user account under an assumed name (pseudonym), i.e. you do not have to state your real name. You can also enter any email address that you set up especially for us – however it must work so that we can send you important warnings.

The scope of the data recorded by The Spike App depends on your registration and use of our products. We only process the User Data that you actively and voluntarily provide to The Spike App. The entry of requested User Data is however a requirement for the comprehensive use of our products. If you do not enter optional data the associated functionality of our products is limited accordingly.

2.1.4 In addition to the entries you provide voluntarily, there is also the option of independently activating or deactivating the recording of certain data in the settings of our apps and other software of your device (e.g. operating system, other apps, app stores etc.). If you have questions, please contact ziad@thespikeapp.com.

2.2 Necessary purposes
2.2.1 All the necessary purposes of our processing are associated with providing our services:

Installation of our apps leads to technical and device-related data recordings such as the device ID.

Registration leads to the creation of your spike ID using the email address and password.

The provision of our services requires you to voluntarily and actively enter data depending on the function and each function describes the purpose for which the data is needed.

Communication from The Spike App with you within our apps or via other electronic messaging services (e.g. email, messenger, telephone) where this is required to support or troubleshoot our products. This is how we process any comments and queries that you may have via various communication channels when using The Spike App. The most important example is our support service, which you can access at ziad@thespikeapp.com. Please therefore think about which information and data you want to give in your active communication with us - this is solely your decision. For our part, communication with users may be necessary either by email, in-app card, or push notification. This is how we inform you about updates to our products and provide important security advice as well as assistance associated with your usage. This support communication - as an essential part of our products - is sent to users notwithstanding whether they have subscribed to our Newsletter or not.

Health apps, such as those by Apple, and other connected services also enable data to be exchanged with our apps. But synchronization only takes place if you activate this in the settings of our apps, namely, if you use the function.

2.2.2 Use of our apps and extensions requires you to actively and voluntarily enter data. You will find additional selection options in the settings of our apps. To resolve an error in the app we require, for example, crash reports that we can use for troubleshooting purposes to determine the circumstances of the problem. In addition, the key data of your device and your usage behavior are recorded as our contractual fulfillment, above all, means customizing our products i.e. processing individual user information, for example, depending on your location (also relevant for the search function), diabetes type or type of therapy (both are, for instance, relevant for configuring the user interface). An automated analysis of user behavior is performed exclusively for the purpose of customizing your use when fulfilling the contract and has no legal effect for you.



3. PROCESSING FOR PRODUCT IMPROVEMENT
If you consent, we also process your User Data beyond the necessary usage described in section 2 above to improve our products and services as described in more detail below.

3.1 Additional data
In general, we use the same User Data to improve our products as stated in section 2. In addition, The Spike App may also record the following User Data:

Usage Data
Activity events that allow us to understand how you use our products. This enables us to see how our products are used and for example where menu designs can be optimized.

3.2 Purpose of product improvement 
As a result of fast-moving technological progress, we have to continually analyze, develop, test, and improve our products and their interactions, in order to ensure that our content benefits users in the most effective way. To achieve this, we conduct usage and security tests and the knowledge gained is incorporated into improved new versions of our products such as the app. These improvements are also provided to you via regular updates.

4. PROCESSING FOR MARKETING PURPOSES
4.1 Newsletter
4.1.1 We would like to send you interesting information on products and services in addition to the contractual scope (including information from carefully selected partners) and invitations to participate in surveys or other sales promotions and marketing activities (“Blogs”).

4.1.2 You can select whether you want to subscribe to our Newsletter (opt in). You can revoke your consent at any time via the link in the Newsletter or the account settings.

4.2 Other types of marketing
4.2.1 Other consents, e.g. for surveys, notifications, or customized offers, are obtained as required when you are logged in. We always explain to you why we need certain data and also how you can revoke the consent.

4.2.2 Please be aware that we may show you offers within the app without processing your personal data. You will also see these non-customized advertisements if you have not provided your consent.

5. USAGE FOR STATUTORY PURPOSES
5.1 Scientific research and statistics
The Spike App is committed to the science of all aspects of diabetes. Therefore, anonymous User Data may also be used for the purposes of research and statistics (always whilst complying with the recognized ethical scientific standards) and internal analyses. This is used mainly to determine and improve the effectiveness of techniques for controlling and treating diabetes. The legal basis for this is Article 9 (2) j) GDPR.

5.2 Enforcement of rights
The use of personal data may also be necessary to prevent abuse by users or to assert, exercise, or defend legal claims. We may be forced into disclosure due to binding laws, court or official decisions and instructions, criminal investigation, or in the public interest. In such cases, the storage and processing of your data is permitted by law without your consent. The legal basis for this is Article 9 (2) f) GDPR.

5.3 In accordance with medical device legislation
Finally, as the manufacturer or distributor of a medical device, we are subject to increased requirements for monitoring the functionality of our product. This vigilance system required for regulatory purposes may also involve the processing of personal data. The legal basis for this is Article 9 (2) i) GDPR.

6. GENERAL INFORMATION
6.1 Purpose limitation and security
6.1.1 The Spike App uses your personal data exclusively for the purposes determined in this privacy notice and the relevant consents. We ensure that each processing is restricted to the extent necessary for its purpose.

6.1.2 Each processing always guarantees adequate security and confidentiality of your personal data. This covers protection from unauthorized and illegal processing, unintentional loss, unintentional destruction or damage using appropriate technical and organizational measures. We use strict internal processes, security features, and the latest encryption methods, always taking into account state-of-the-art technology and implementation costs.

6.2 Processors
6.2.1 Our products are subject to complex processes that, in light of our millions of users, we have to manage and keep up-to-date. For technical support we therefore use affiliated companies of the Roche Group – F. Hoffmann-La Roche Ltd. - and third-party suppliers (“Processors”) in order to offer you a comprehensive and optimal use of our products.

6.2.2 The Spike App transfers User Data to Processors exclusively within the framework of this privacy notice and only to fulfill the purposes stated in it. Processors work according to our specifications and instructions; they are not permitted to use the personal data of our users for their own or other purposes.

6.2.3 We use Processors offering sufficient guarantees that suitable technical and organizational measures are undertaken in a way that the processing of personal data complies with the statutory requirements and our privacy notice. The protection of the rights of our users is ensured by concluding binding contracts that meet the strict requirements of GDPR.

6.2.4 The third-party suppliers appointed by The Spike App may only use other processors (subcontractors) with our prior consent. If a subcontractor does not comply with the same data protection obligations and all of the appropriate security measures that we impose on our Processors, then we will prohibit the hiring of such a subcontractor.



6.3 Encryption, pseudonymization, and anonymizatio
6.3.1 Each data transfer, without exception and by default, is encrypted during transfer. Using HTTPS (hypertext transfer protocol secure) we ensure that your data is not intercepted by unauthorized third parties.

In addition, for the purposes of data security and minimization, we also use other processes for the encryption and pseudonymization of User Data. Of course this depends on the type, scope, and purpose of the relevant data processing and takes into account the latest technology. For example, we only disclose User Data that a Processor requires to carry out his tasks.

6.3.2 When a contractual relationship with a Processor is terminated, such Processor must, at The Spike App’s discretion, either return all our User’s Data or delete it if there are no statutory storage obligations.

6.3.3 Data that requires no personal reference for processing (e.g. for research and analysis) is subject to anonymization. This prevents a connection to a specific user being made in all cases.

6.4 EU and other countries
6.4.1 We primarily select cooperation partners who are based in or whose servers are located in the European Union (EU) or European Economic Area (EEA). Data transmission within the EU and EEA is unobjectionable because the GDPR applies in all member states.

6.4.2 In exceptional circumstances we appoint third-party suppliers who are located in or who have servers outside the EU, e.g. innovative companies in Silicon Valley, USA. However, even in these cases your personal data is subject to a high protection level in line with the GDPR – either through an EU adequacy decision, which considers data protection in certain third-party countries to be appropriate (e.g. Switzerland, Israel, and New Zealand), or through certain standard contractual clauses approved by the EU, which the contractual relationships with our contracted data processors are based on, or through comparable legal instruments permitted under the GDPR. In any case, all Processors are subject to the obligations in this privacy notice.

6.4.3 In addition, we ensure that our partners have additional security standards in place, such as individual security measures and data protection provisions or certifications under the GDPR. So, for example, if third-party suppliers are located in the USA they should be subject to the Privacy Shield Framework approved by the EU or comparable internationally recognized security standards.

6.5. Categories of recipients
6.5.1 Our cooperation partners are bound by the agreements signed with The Spike App as well as by the GDPR and only process data according to our instructions. We provide our users’ data only to fulfill the contract:

Manufacturers and suppliers require personal data to handle orders for goods. A typical example is the delivery of a blood glucose meter and test strips as part of the The Spike App Bundle.

Insurance companies may exchange data with us if you buy our products as part of your health insurance (statutory or private). If applicable, this enables billing based on the tariff of your insurance company.

Bookkeeping and payment service providers support us in the ongoing billing of our chargeable products.

Customer support services and their tools help our customer support to quickly and efficiently handle our users’ inquiries. Here, for example, queries are recorded from various communication channels and grouped according to topics using ticket systems.

Analysis service providers and their tools help us to understand how users use our products in order for us to provide customized communication and product improvements in the future. This way we can avoid that e.g. a pump user with type 1 diabetes receives messages about type 2 diabetes or pens.

Marketing service providers support us in creating, sorting, customizing, and sending newsletters, emails, and other messages about our products to our users.

Hosting and cloud services and their tools are used to store data and to produce anonymized analyses (see section 2.4 above).

Reminder: the transfer of data to our Processors and service providers is protected by guarantees such as adequacy decisions, certifications (Privacy Shield) or standard contractual clauses. A copy of such guarantees or information on these can be requested from ziad@thespikeapp.com.

6.5.2 Finally please note that you have the option to directly share certain data with a third party from within our products. This relates, for example, to reports generated in our apps and communication with your healthcare professional or The Spike App Coach for therapy advice. You are solely responsible for such data transfers.

6.6 Cookies
The Spike App stores so-called “cookies” to offer you a comprehensive range of functions and make the use of our website more convenient. Cookies are small text files that are stored on your device by your browser. Except for the cookies for usage data mentioned in section 6.7, our cookies are used to operate the website. If you do not want to use cookies you can prevent them from being stored using the relevant settings in the browser. Most of our cookies are either deleted at the end of your visit or when the browser is closed (session cookies). If this is not the case, you can check the deletion period in your browser or delete the cookies manually. Please note that this may restrict the functionality or scope of our offer.



6.7 Usage data
We only use Google Universal Analytics in the publicly accessible part of our website (no login required), a web analysis service by Google Inc. (“Google”). Google is certified under the EU-US Privacy Shield; we also have a processing contract in place with Google.


Google Universal Analytics uses cookies (see above) to enable analysis of your website use and these may be stored for up to 2 years if you do not delete them before that time. The information generated by the cookie on your use of our website is generally transferred to and stored on a Google server in the USA. We have extended Google Analytics on our website to include the “gat.anonymizeIp();” code in order for IP addresses to be recorded anonymously. At our request, Google only records your IP address in abbreviated form thus ensuring anonymization that does not permit any conclusions to be made about your identity or device. Google abbreviates IP addresses within the EU or other members states which are parties to the Agreement on the European Economic Area. Only in exceptional circumstances is the full IP address transferred to a Google server in the USA and reduced there. At our request Google will use this information to analyze your use of the website in order to provide us with aggregated reports and provide other services associated with Internet usage. The IP address provided by your browser as part of Google Analytics is not merged with other Google data.


You can prevent the storage of cookies using the appropriate setting in your browser, as described in section 6.6 above. In addition, you can prevent the processing of the data generated by the cookie relating to your use of the website (incl. the IP address) by Google by installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. 

 
6.8. Storage and deletion
6.8.1 Your User Data is stored on your device. This data is also stored on our servers. We only use systems that meet GDPR requirements.

6.8.2 During registration you can select whether your data should be stored on servers in the European Union (EU) or the USA. By default, storage is set to the region of your current location during registration. Regardless of the storage location we ensure that the high protection level pursuant to the GDPR is guaranteed; naturally this also applies to data that is stored temporarily at another location or is transferred for processing.

6.8.3 As a rule, The Spike App only stores your personal data for the duration of the contract. In exceptional cases, longer storage may be required in order to fulfill post-contractual obligations or to comply with statutory storage obligations or disclosure duties, or to assert, exercise, or defend legal claims (limitation periods).

6.9. Minors
Minors, below the age of sixteen are only permitted to use our products with the consent of a parent/guardian (see section 3.2.3 of our General Terms and Conditions - T&Cs). This also applies to processing their personal data, which is only legal if and to the extent to which the consent has been obtained by and through the parent/guardian. Otherwise use of our products is prohibited.

6.10. Data protection officer
6.10.1 Our data protection officer is available to answer all data protection questions at ziad@thespikeapp.com. The data protection officer monitors ‒ independently and not bound by instructions ‒ compliance with all data protection regulations and is subject to strict statutory secrecy and confidentiality obligations.

6.10.2 The data protection officer is widely involved in all questions associated with protecting the personal data of our users. As a trained expert, he monitors our processing on an ongoing basis, informs and regularly advises the entire The Spike App team in order to ensure the best possible protection of your User Data.

6.11. Changes
6.11.1 As technology and processes in the Internet as well as data protection legislation are constantly being developed, we have to undertake changes from time to time. We will inform you of changes by appropriate means whilst granting an appropriate advance notice period and if necessary obtaining new consents.

6.11.2 Unless otherwise provided by this privacy notice, the same definitions apply in our T&Cs.

7. YOUR RIGHTS
7.1. Revocation of consents
If we process your User Data based on your consent, you may revoke the consent at any time. However, this will not affect the lawfulness of the processing before the revocation. We will continue to provide our services if they do not depend on the consent that has been revoked.

7.2. Information, correction, and restriction

7.2.1 Each user has the right to request information on the processing of their personal data. To do so, please contact us at any time at ziad@thespikeapp.com.

7.2.2 Your right to information covers information on the processing purposes, data and recipient categories, storage time, origin of your data, and your rights under the data protection regulations. You can find all of this information in this privacy notice and we are happy to provide it to you in an electronic form.

7.2.3 Should some of your personal data be incorrect, you can request that your data is corrected or completed at any time. You can correct most data yourself in our apps. You have the right to restrict data processing for the duration of any investigation review that you have requested.

7.3 Deletion (“right to be forgotten”)
Each user has the right to request the deletion of their personal data. To do so, please contact us at any time at ziad@thespikeapp.com.

7.4 Ability to transfer data
Finally each user has the right to request that we provide an overview of their personal data to another responsible party, if this is technically feasible.

7.5 Complaints
7.5.1 If you feel we are not protecting your data protection rights adequately, please contact us at any time at ziad@thespikeapp.com. We will handle your request immediately.

THANK YOU FOR YOUR CONFIDENCE IN US!