Terms of use

XO Life GmbH ("XO Life"), Agnes-Pockels-Bogen 1, 80992 Munich, Germany, has developed a patient insight platform, the ImpactMonitor Platform ("Platform"). In the Platform, users ("Users") can register and add areas ("Areas") suitable for them, specifying which medications and other medical or cosmetic products ("Products") they take or use. In the Areas, Users will have access to relevant information and content or content of interest to them, as well as the opportunity to provide comprehensive feedback and testimonials about medications and other Products by answering questions and questionnaires. XO Life operates its own section on the platform, the MedWatcher ("MedWatcher"), which is displayed to all registered users. In addition, XO Life enables providers of products, such as pharmaceutical entrepreneurs, medical device manufacturers and other companies in the life science industry, as well as members of medical professions, self-help groups and research institutions ("Providers") to publish information and content in the MedWatcher and to have their own product- or topic-specific areas set up in the platform.

1. application and subject of the terms of use
‍Responsible for the collection and processing of your personal data within the meaning of Article 4 No. 7 of the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") is:

XO Life GmbH
Agnes-Pockels-Bogen 1
80992 Munich

Email: info@xo-life.com
Phone: +49 (0) 89 2154 7481

1. application and subject of the terms of use

1.1 The following terms of use ("Terms of Use") shall apply to the user's use of the platform and the areas, content, services and functions offered therein (hereinafter collectively referred to as "Services"). The Terms of Use shall also apply to the future use of the Services by the User.
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‍1.2 By registering with the platform and using the Services, the User confirms that he accepts the Terms of Use and that he agrees to their validity. Without agreeing to the Terms of Use, registration and use of the Services is not possible.

2. conclusion of contract

2.1 Upon registration of the User account (cf. Section 4.2), the User must accept the validity of the Terms of Use and give his consent under data protection law. The contract for the use of the services does not come into effect before XO Life sends confirmation of the registration via e-mail. By clicking the "Let's go" button, the User submits an offer to conclude a contract for the use of the Services. Immediately after sending the offer, the User will receive a confirmation of his registration. Subject to sentence 1, the confirmation is at the same time the acceptance of the contractual offer to use the Services.

2.2 The User may print or save the Terms of Use via the browser function. The User can also download and archive the Terms of Use in PDF form as part of the registration process. Upon confirmation of registration or linking, XO Life sends the User the Terms of Use in their current version. XO Life does not store the text of the contract.

3. scope of services, changes in services
If we process your personal data, you have the following rights towards us:

3.1 The services are offered via a browser-based web application that can be accessed via the Internet.

3.2 The scope of services and the services available to the User depend on which services XO Life makes available in the Platform. Available services can be:.

3.2.1 Different areas, such as the MedWatcher from XO Life or product- or topic-specific areas from providers as a companion program to the products and medical conditions specified by users;

3.2.2 Provision of so-called Patient Reported Outcome Measures ("PROM") in the form of questions based on the information provided by the user on the products and clinical pictures he/she has indicated;

3.2.3 Peer statistics in the form of evaluations of the PROM responses of the user and other users with comparable information on products used or clinical pictures;

3.2.4 Activity tracking via achievement programs and point systems;

3.2.5 Information and content on the products and clinical pictures used by the user;

3.2.6 Content and information about and from providers;

3.2.7 Interaction functions;

3.2.8 Possibility to report side effects

3.3 XO Life continuously develops the Services and the underlying software as well as their content. XO Life has the right to implement updates and new versions to improve the Services at any time. XO Life may make changes of any kind to the Services or to the way in which the Services are provided. XO Life reserves the right to change or add to the functionality of the Services at any time, or to terminate all or part of the Services, discontinue or remove Services, or restrict access to Services. XO Life will inform the User of any not insignificant impairment of the accessibility or usability of the Services within a reasonable period of time prior to the date of the change. XO Life is not responsible for any direct or indirect damage incurred by the User as a result of services being changed, modified, terminated or restricted.

3.4 XO Life points out that the Services are not a medical device.

4. access requirements, user account
Please note that our website may contain links to content from other providers to which this data protection notice does not apply. We have no influence on these websites and also not on whether they comply with the applicable data protection provisions.

4.1 The User is required to provide all software and hardware needed to access the Services, such as a terminal device, an Internet connection, and compatible web browser software. Additional software may need to be downloaded or installed (e.g., certain software plug-ins or software applications) to access certain services or documents. To use the native app, the user must download the app from the app store provider Google Play Store or the Apple Store.

4.2 In order to use the Services, the User must be registered with the Platform with a user account and logged in. If the User has registered a user account for an area or the MedWatcher, the User can use this user account for the entire platform, including all other areas added. For registration, the user's e-mail address and a password are required, as well as the user's consent under data protection law. After completing the registration, the user can log in, provide further information about himself (such as age, place of residence, products used and medical conditions) and access the services.

4.3 Only natural persons with unrestricted legal capacity who are at least 16 years old and not under supervision may register a user account. Furthermore, the User must provide correct, truthful and - if necessary - complete information during registration and further use of the services. XO Life expressly reserves the right to verify the data provided during registration by taking appropriate measures. XO Life is entitled to make the use of the services dependent on further requirements. The user account is personal and may only be used by the user personally. The access data to the user account must be kept secret and any access by third parties must be prevented by appropriate measures. The User is responsible for all activities that occur via his/her User Account and is liable to XO Life in accordance with the statutory provisions. XO Life is not liable for any damages incurred by the User as a result of third parties using the access data or the User Account with or without the User's knowledge. The User is not permitted to use the user account of another User.

5. duties of the user

5.1 The user may use the services exclusively for the purpose for which he was granted access to the services. Any use of the services beyond this is prohibited.

5.2 In particular, the user may not post any content on the platform that

5.2.1 may be punishable (in particular incitement of the people, insult, defamation, threat),

5.2.2 be considered pornographic, vulgar or obscene, harassing or otherwise objectionable,

5.2.3 are anti-constitutional, extremist, racist or xenophobic or depict content originating from banned groups,

5.2.4 interfere with the rights of third parties (in particular personal rights, copyrights, trademark rights, patent rights or other rights of third parties).

6. updating of the data protection information
The constant development of technology and the Internet makes it necessary to adapt our data protection information from time to time. We reserve the right to change this privacy policy at any time with effect for the future. The latest version is available on our website. Please visit the website regularly and inform yourself about the current data protection information.

7. data security
Within your visit to our website(section 3), we use the common TLS (Transport Layer Security) procedure in conjunction with the highest encryption level supported by your browser. We use HTTP Strict Transport Security (HSTS) and automatic forwarding to ensure that all pages of our website are transmitted in encrypted form. You can recognize this by the closed display of the key or lock symbol in the lower status bar of your browser. When data is stored, it is protected on the storage medium using modern encryption methods. We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

We maintain the highest security standards, particularly in connection with the processing of your data in the ImpactMonitor platform(section 4). In addition to the pseudonymization and anonymization of data(section 4.5), our servers are provided in ISO 27001 certified data centers in Germany.

Despite the high data security standards we have established, a residual risk to the security of your personal data can unfortunately not be completely excluded.

Last updated: August 2022