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Santen Eyecare Education - SEE Portal - Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Introduction

This website of Santen Eyecare Education (“SEE”) Portal https://santensee.eu (the "SEE Portal", “website” or "service") is owned and operated by Santen S.A.- Switzerland. (Santen S.A.- Switzerland, Address: La Voie-Creuse 14 1202 Geneva Switzerland, URL: www.santen.eu) ("Santen", “we”, “our”).

The SEE Portal is intended for Healthcare Professionals only (“you”, “your” or “users”); the SEE Portal is a medical education online platform dedicated to support your professional development about Ophthalmology and tailored to your learning preferences, giving you access to articles, videos on demand and details of upcoming events, as well as information and materials on Santen products and services, as further described below.

The SEE Portal is governed by these terms of use (the "Terms") and Santen’s Privacy Policy, as well as applicable laws and regulations. Please note that upon your first visit on the Website you will be asked to select the country of your residence as well as to declare that you are a Health Care Professional (HCP). Then you will be redirected to the SEE Portal website of your country of residence where dedicated terms of use are applicable.

By accessing or otherwise using the website, you acknowledge that you have read and fully understood the Terms and the related Privacy Policy as set out below and you confirm that you meet the requirements for accessing it, namely that you are a healthcare professional. We reserve the right to check that you are an authorised healthcare professional in your relevant jurisdiction.

Santen reserves the right to modify and/or amend these Terms at any time without prior notice to you. Such modification shall be effective immediately upon posting an updated version of these Terms on this website. Your continued access or use of the website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

Your right to use the Portal and its contents are personal to you. You may not transfer any of your rights or obligations under these Terms without prior written approval from Santen.

Registration – Sign in – User Profile

To use the SEE Portal you must first register and create a user account (a “User Profile”) for the service. The SEE Portal uses IQVIA’s OneKey authentication service to ensure that everyone who accesses the site is an authorised healthcare professional in their relevant jurisdiction. Use of IQVIA’s OneKey Web Authentication service (www.owa-secure.com) is subject to the OneKey Web Authentication Terms of Use available here: https://www.owa-secure.com/sso/login?_flowId=cgu-webflow provided by IQVIA (www.iqvia.com).

In order to register for the first time, you will need to click the ‘Register with OneKey’ button. Once you click on the button you will leave the SEE portal and you will be redirected to the OneKey Web Authentication service, where you will be required to provide certain information in order for Santen to be able to identify you as a healthcare professional via the OneKey service and to complete your registration for the SEE Portal.

In order to sign-in to SEE Portal in your next visits, you will need to click the ‘Login with OneKey’ button and provide your user credentials (namely your username or email address and password).

All information you give to Santen must be true, accurate and complete. If there are any changes in the information, you are responsible for notifying Santen of any changes by, e.g., updating your User Profile settings in the service. Should you cease being an authorised healthcare professional in your jurisdiction, you must immediately cease using the service completely.

You must keep your user account credentials (username and password) secure and you should not disclose them to anyone else. If you have reason to suspect someone else may have access to your account, please notify us immediately. This is especially important, as the service is intended only for authorised healthcare professionals. If you are not an authorised healthcare professional, you are not allowed to and should not use this service.

Within your User Profile page, you will be able to see your learning Certificates, change the language settings or update your user profile information, such as your name, surname, email, phone number, medical specialization, areas of interest.

License and scope of use

This website, including its “look and feel” and all of its content included but not limited to text, images, graphics, video files are protected under copyright, trademark, and other applicable laws and treaties around the world. These contents belong or are licensed to Santen. All rights reserved.

Nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Santen or any third party. Santen may discontinue, change or restrict your use of this website for any reason without notice.

The content of this website may not be copied, saved, downloaded (unless specified as downloadable content), altered, disseminated, published, or otherwise made accessible to third parties except as allowed by these terms or by applicable mandatory law.

Note that some materials included in the service exceptionally may be subject to geographic limitations as to their use. This may be due to local intellectual property rights or other local rules. You agree not to use the materials in violation of any such limitations and to not circumvent such limitations in any way.

Each user, however, retains the rights to user content posted by him or her. If you post user content you, however, grant Santen a worldwide, irrevocable, royalty-free, fully sublicensable licence to use, process, disclose and make available such content for the purposes of providing the SEE Portal service and as described in the SEE Portal privacy policy. Santen may not necessarily remove your user content, such as Groups messages, if you decide to leave the service. Santen may, however, at its sole discretion remove user content, as described above.

Please also note that some content in the service, e.g., journal articles, may be subject to additional limitations explained in connection to that content. You must at all times follow these limitations.

Unless otherwise indicated, all trademarks on this website are protected by trademark law. Santen's product names, logos, designs, slogans, and trade dress appearing on this website are registered trademarks, service marks, trade names or designs, and are protected by applicable laws. Therefore, any action infringing these rights is strictly prohibited.

Other company, product and service names located on this website may be trademarks or service marks owned by third parties.

The Service

The SEE Portal includes three main modules: Learning, Events and Groups. In the Learning module we provide online seminars, articles and other materials for medical professionals. The Events module is used for managing invitations and signups to seminars and other live events and similar. In the Groups module, we provide collaboration tools for Santen -organised teams and working groups. Membership in some groups is restricted to medically qualified persons, but non-medically qualified Santen staff may have access to others.

The SEE Portal may also include other modules to which additional, module-specific terms and conditions and privacy policies may apply. By using these additional modules you agree to comply with such additional terms.

Please also note that we at our sole discretion may make changes to the service and its modules. This can also include removing certain modules or features either permanently or temporarily. We can also stop offering the service entirely.

Some modules, such as the Groups module, may allow you to post your own messages and other content into the service ("user content"). You agree that you will not post user content that:

  • contains any patient-specific patient data, cases or other information that can be tied to a specific patient or other third-party individual’s health or medical information;
  • is offensive, abusive, defamatory, threatening or obscene;
  • is illegal or violates privacy or any intellectual property rights of others; or
  • involves commercial or sales activities.

Should you become aware of any user content that is in violation of these rules, please inform Santen immediately. We may, but are not necessarily required to, remove any content that we at our sole discretion feel violates these terms and conditions.

Disclaimer and limitation of liability

THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS WEBSITE WILL BE FREE OF INTERRUPTION, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Santen has compiled the detailed information provided on this website from internal and external sources to the best of its knowledge and belief, using professional diligence. Santen endeavors to expand and update this range of information on an ongoing basis. Santen makes best efforts to keep the content of this website accurate, complete and updated, however Santen expressly disclaims any warranty or representation regarding its accuracy, completeness or currency. We do not give any representations or warranties, express or implied, regarding the availability, completeness, non-infringement, correctness, or accuracy of the content, or that it would be fit for any specific purpose, specific or general. Without limiting the generality of the aforesaid, we also do not take any responsibility for user content posted in the service.

The SEE Portal may also include content, such as journal articles, produced by third parties. For the avoidance of doubt, please note that such third-party content is the sole responsibility of the third party who has produced and/or has rights to such content and Santen accepts no responsibility for the accuracy, quality, nature, ownership or reliability of the third-party content.

Santen shall not be liable for any indirect, incidental, consequential or punitive damages or any losses resulting from using the SEE Portal, except where provided for by applicable mandatory law.

Moreover, Santen reserves the right to suspend or discontinue the operation of this website without prior notice and Santen shall not be liable for any damages or losses resulting therefrom.

You are responsible for verifying any information before relying on it. Use of this website and the content available on this website is at your sole risk. It is your responsibility to take measures to prevent damage by computer viruses, worms, etc., and Santen shall not be liable for any damage caused by any such destructive items.

Santen shall not be liable for any damage resulted from the use of the information on this website or this website itself.

Medical or professional services advice disclaimer

The contents of this website are intended to provide a medical education resource on eye disease and should not be relied upon or construed as a substitute of or as a medical opinion or medical advice regarding any specific medical issue or factual circumstance. Santen provides no warranty for subsequent undertakings by healthcare professionals in their clinical practice using the information included in the SEE Portal. The responsibility of treatment decisions remains with the treating HCP. Treatment should be tailored to individual needs and results between patients may vary.

Information from users

Santen is not obligated to respond to communications by e-mail or mail forms in association with this website. Unless otherwise required by law, and except as dictated by our Privacy Policy, any communication or material provided by you through this website via e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary.

Privacy

Any personal identifying information collected through this website will be processed and used in accordance with our Privacy Policy incorporated into these Terms by reference. For more information about our privacy practices please email us at privacy-emea@santen.com.

Unless we agree otherwise in writing, we require you to use any personal information that we supply to you about members of our staff and/or third parties only for the purposes for which such information is disclosed to you and in accordance with applicable data protection laws and regulations.

Email (“Push”) Notification Service

The SEE Portal provides to its users an email notification service. The majority of the emails you will receive from the SEE Portal are transactional and are automatically linked to an action or request you performed, such as for example an invitation email to join the SEE Portal or a welcoming email confirming the successful registration to the SEE Portal, event reminders, order confirmation (when the user has requested a call back/sample/med info etc) or an email alert that would allow the user to re-set their password. Such transactional push email notifications are strictly necessary and directly linked to the functionality of the SEE Portal, and as such are enabled by default and are not subject to your permission or to any change by you.

The SEE Portal also includes a content related email notification service. The SEE Portal has been configured by default to send its users an email notification containing news and updates relevant to the contents of the SEE Portal e.g., in order to inform you of new content, new features and to remind you of seminar sign-ups and similar. These messages may include information of disease areas of interest and/or Santen’s products or product candidates.

This content-related notification service is configured by default to send out email notifications once per week. Once you register in the SEE Portal you will be able to change your preferences in relation to this service through your profile page; in particular, you will be able to select the frequency of the email notifications you will receive from the SEE Portal (e.g. once per day, once per week, once per month, or to receive email notifications as they happen) or you may choose to deactivate the service altogether and not to receive any email notifications.

Third party websites and links

We may provide links to third-party websites for your convenience. Such links do not constitute an endorsement by Santen of third-party products or services, or any of the content on any such third-party websites. Please note that Santen holds no responsibility or authority over the contents of such third-party websites and will not be liable for any loss or damage that may arise from your use of them. Access to any websites linked to this website is at your own risk.

Furthermore, you must obtain prior written permission from Santen if you intend to post this website to any other website or make use of this website other than as set forth in these Terms. Please note that Santen holds no responsibility or authority over the contents of any website that posts or makes use of this Santen website.

Governing law, jurisdiction and severability

These Terms are governed by and interpreted in accordance with the laws of Switzerland. All legal proceedings concerning any disagreements arising out of, in connection with, or relating to the Terms or this website shall be subject to the jurisdiction of the courts of Geneva, Switzerland.

Santen makes no representation that the information in the website is appropriate or available for use in other locations, and access to the Santen website from territories where the content of the website may be illegal is prohibited. Those who choose to access the Santen website from other locations or countries other than from Switzerland do so on their own initiative and are responsible for compliance with applicable local laws.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. In such case, Santen may duly replace any such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Any failure by Santen to enforce these terms or any provision thereof shall not waive Santen’s rights to do so at a later time.

Responsibility and violations

You assume all responsibility for your use of, or access to, this website, including your access to any Santen or other literature obtained through this website, and waive all claims or causes of action against Santen.

Furthermore, you hereby warrant that you will not use this website to:
(a) upload, post, email, or otherwise transmit the content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) upload, post, email, or otherwise transmit personal data about anyone other than yourself without that person’s prior written consent;
(c) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(d) violate any applicable law or regulation in relation to your use of the website including, but not limited to, regulations promulgated by any securities exchange; or
(e) collect or store personal data about other users.

You acknowledge and agree that we may suspend or terminate your website access if your conduct is found to be unlawful, violent and incompatible with the spirit and any term of these Terms. In addition, we reserve the right to remove all material that we consider inappropriate, illegal or in any way contrary to our accepted values and ethical standards.

We recommend users who find inappropriate content to contact us immediately at admin.geneva@santen.com.

Contact information

If you have any question about these Terms, please contact us at: admin.geneva@santen.com.

Last Updated: November 22, 2021

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