Dated: January 27, 2023
Apellis Pharmaceuticals, Inc. and its subsidiaries (“we”, “us”, and “our”) recognize the importance of and are committed to respecting and protecting your privacy. This Privacy Statement applies to our collection and use of personal information through our websites (the “Site”) and through our offline business-related interactions with you.
Please read this Privacy Statement carefully in order to understand how we process personal information. If you do not agree with our use of your personal information as described in this Privacy Statement, please do not use the Site or otherwise provide personal information to us.
Because of our commitment to the protection of your personal information, we evaluate our privacy policies and procedures to implement improvements. If we make material changes to this Privacy Statement, we will notify you by means of a prominent notice on this Site.
We collect personal information about the following types of individuals: clinical trial participants, patients, patient family members, caregivers or advocates, physicians and other health care professionals, clinical trial investigators, researchers, website users, job applicants, and other individuals who interact with us, our service providers or business partners.
We collect personal information:
We may collect the following types of personal information:
Health and medical information, such as information about physical and mental health conditions and diagnoses, treatments for medical conditions, genetic information, family medical history, and medications an individual may take, including the dosage, timing, and frequency, that we collect in connection with managing clinical trials, conducting research, providing patient support programs, managing compassionate use and expanded access programs, and tracking adverse event reports;
Contact information (personal and business), such as name, job title and employer name, email address, mailing address, phone number, and emergency contact information;
Biographical and demographic information, such as age, date of birth, gender, marital status, ethnicity, and information regarding any parents or legal guardians;
Professional credentials, such as educational and professional history, institutional affiliations, and other information you include on a CV or resume;
Payment-related information, such as when we need to pay for professional services that individuals may provide to us, such as tax identification number and financial account information;
Engagement data, such as information about the programs and activities in which you have participated, your prescribing of our products, your use of our products and the agreements you have executed with us;
Digital information, such as your photograph, social media handle or digital or electronic signature;
Publicly available information, such as comments describing support for and experience with our products, and other information you publish on social media;
Correspondence and other information you provide to us, including in emails, on phone calls, and in market research surveys;
Data collected automatically by us, our service providers, and third-party partners, who may automatically log information about you, your computer or mobile devices, and your activity over time on the Sites and other online services, such as:
Profession and employment data of Job Applicants. When visiting the careers portion of our Sites, we collect the information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide.
We use personal information for the following purposes and as otherwise described in this Privacy Statement or at the time of collection:
To communicate with you, including to:
To perform and administer clinical trials, research and product-improvement activities, including to:
To provide payments, including to:
For compliance, fraud prevention, and safety. We may also use personal information as we believe necessary or appropriate to:
To facilitate our recruitment activities, including to:
Affiliates. We may share personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Statement.
Service providers. We may engage other companies and individuals to perform services on our behalf, including:
These service providers may have access to personal information in connection with performing services on our behalf. These service providers may use your information only as directed by Apellis and in a manner consistent with this Privacy Statement, and are prohibited from using or disclosing your information for any other purpose.
Professional advisors. We may disclose personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
Research and business partners. We may also share personal information with healthcare professionals, researchers, institutions, academics, public health organizations, and publishers for purposes consistent with this Privacy Statement. We may disclose personal information to partners or collaborators in connection with the research and development of our products.
Compliance, fraud prevention and safety. We may share personal information for the compliance, fraud prevention, and safety purposes described above.
Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Statement.
In this section, we identify the lawful ground we rely on for processing personal information.
Consent: If Apellis relies on consent for the processing of personal information, we will provide transparent notice of the purposes for which we seek such consent prior to the time we collect your personal information. Where Apellis relies on consent, you will be entitled to withdraw that consent at any time. If Apellis wishes to process any special categories of personal information, such as health data, Apellis will obtain your explicit consent for such processing.
Contractual Necessity: Apellis processes personal information to fulfill our contracts with our business partners and service providers, such as for rendering payment or communicating with health care professionals or consultants.
Legal Obligation: Apellis processes personal information as specifically required by applicable legal obligations, such as laws and regulations that require Apellis to process personal information for purposes of obtaining medical research approvals and spend transparency disclosures.
Public Interest: Apellis processes personal information for scientific or historical research purposes, or statistical purposes in the public interest, as authorized by applicable law. If Apellis wishes to process any special categories of personal information, it may do so when necessary for scientific research purposes, medical diagnosis, or the protection of vital interests.
Legitimate Interests: Apellis processes personal information subject to its own legitimate interests, such as to develop, administer and support Research; to operate, evaluate and improve our business; to facilitate and manage patient advocacy and engagement programs; to promote scholarly research; to support our recruitment activities; or to facilitate a sale of assets or merger or acquisition.
It may be also necessary for Apellis to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the Terms of Use that govern the services we provide.
Compatible Purposes: Apellis may also process personal information for purposes that are compatible with those described above. Such purposes may include scientific research.
We retain personal information for as long as is necessary to accomplish the purposes for which it was collected, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.
The criteria used to determine the period for which personal information about you will be stored varies depending on the legal basis under which we process such personal information:
Consent: For the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain personal information about you erased (see Your Rights above).
Contractual Necessity: For the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the limitation period for legal claims that could arise from the contractual relationship.
Legal Obligation: For the duration of time we are legally obligated to keep the information.
Public Interest: For the period of time necessary to fulfill the purposes of the business process in the public interest and for any period of time that may be required to document the public interest.
Legitimate Interests: For a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.
We may face any threat of legal claim and in that case, we may need to apply a “legal hold” that retains information beyond our typical retention period. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.
Apellis uses servers and other storage facilities in the United States and EU. Apellis may transfer personal information outside of its country of origin for the purposes, and in the manner, set out in this privacy statement, including for processing and storage by service providers and affiliates in connection with such purposes. In all situations, Apellis takes reasonable steps to ensure that your privacy is protected. Such steps include, but are not limited to, implementing privacy, security, and contractual controls, as well as steps noted in this privacy statement, as required by applicable law.
Apellis endeavors to obtain assurances from its service providers and affiliates that they will safeguard personal information consistent with this privacy statement. An example of appropriate assurances that may be provided by service providers and affiliates includes a contractual obligation that they provide at least the same level of protection as is required by Apellis’ privacy principles set out in this privacy statement. Where Apellis has knowledge that a service provider or affiliate is using or disclosing personal information in a manner contrary to this privacy statement, Apellis will take appropriate steps to prevent or stop the use or disclosure.
The security of your personal information is important to us. We take reasonable steps, including technical, administrative and physical safeguards, designed to protect the personal information submitted to us from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, no method of security or method of transmission over the Internet is entirely secure. You should always use caution when transmitting personal information over the Internet.
What is a Cookie?
A cookie is a text file containing small amounts of information stored on your computer’s hard drive when you visit a webpage. Session cookies are erased when the user closes the web browser or browser tab. Persistent cookies remain on your hard drive until they expire or are deleted. Cookies will also be set by third parties operating on our behalf (e.g., to help us analyze web traffic or to improve your web navigation experience).
Types of cookies we use
We use the following types of cookies on our Website to help us analyze web traffic, to improve your web experience:
Google Analytics
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to collect information about how our visitors use and navigate our site. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. We use this information to report and analyse the usage of the site to improve the usage of the homepage for visitors. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser.
However, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
For more details on how Google processes your data, please visit Google’s Privacy policy.
Google Analytics collects information anonymously. However, you can opt-out of being tracked by Google Analytics across all websites you use by installing the Google Analytics Opt-out Browser Add-on. To opt-out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout (compatible with Chrome, Internet Explorer 8–11, Safari, Firefox and Opera)
How to accept, control and delete our cookies
Some cookies are strictly necessary for the correct functioning of this website and do not require user’s consent, such as those ensuring that the content of a page loads quickly and effectively by distributing the workload across numerous computers or else those providing security.
Other cookies are still reasonably necessary or important, but they are not strictly essential and, therefore, require user’s consent. For these cookies (i.e. performance and functionality), we request your consent (by the “accept all” button in our cookie banner or through your browser cookie settings) before placing them on your device.
If you do not wish to give consent or wish to withdraw your consent to any non-essential cookies at any time, you will need to delete and block or disable cookies via your browser settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. Otherwise, you should use the ‘help’ option in your internet browser for more details or you can click on one of the links below to go directly to the user manual for your browser:
To opt-out of Google Analytics, go to https://tools.google.com/dlpage/gaoptout
Please note that disabling or blocking some or all the categories of cookies will affect the functionality of the website and may impact your access and experience with our website and the services we can offer.
Any of your cookies preferences are limited to this website only and not to other third-party-owned websites or any other web pages, which may be hyperlinked to this website. For more information on cookies used by those websites, please refer to the specific privacy notice or cookie policy of those websites.
Our Site is not directed to, and we do not intend to or knowingly collect personal information online from, children under the age of majority in the countries where the Site is accessed and used without appropriate consent. If you are under the age of majority in your country, do not provide us with any personal information either directly or by other means. If you learn that a child has accessed or used the Site without parental permission, please contact us as set forth in the Contact Us section below.
We may provide links to other websites, services, and applications that are not operated or controlled by us (“Third-Party Services”). This privacy statement does not apply to the Third-Party Services. We encourage you to review and understand the privacy practices of any Third-Party Services before providing any information to or through them. Your interactions with these features are governed by the privacy policy of the Third-Party Service that provides the feature.
US State Supplemental Privacy Notice to Residents of California, Colorado, Connecticut, Virginia, and Utah
If you are a resident of California, Colorado, Connecticut, Virginia, or Utah, this notice applies to you and supplements Apellis’s Website Privacy Statement. This notice is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018, as amended (“CCPA”), the Colorado Privacy Act of 2021 (the “CPA”), the Virginia Consumer Data Protection Act of 2021 (the “VCDPA”), the Utah Consumer Privacy Act of 2022 (the “UCPA”), and the Connecticut Data Privacy Act of 2022 (“CDPA”).
Categories of Personal Information We Collect, and How We Use and Share that Information
The section, above, entitled “Personal Information We Collect” outlines the categories of personal information we may have collected during the 12-month period prior to the effective date of this Privacy Statement as well as how we use and share that information.
Sensitive Personal Information
When we collect medical information or financial details, we are deemed to be collecting data that is “sensitive” under state privacy laws. Where legally required, we will obtain your consent to collect this information. For our California users, we do not use or disclose sensitive personal information for any purpose other than as permitted by law, such as to provide our Service to you, to detect security incidents, and protect against malicious or fraudulent actions, nor do we use or disclose such information to build a profile about you.
Your rights
Subject to certain limitations, you have the following rights with respect to the personal information that we collect about you:
To request access to or deletion of personal information:
Depending on the nature of your request, we may have to verify your identity when you contact us. We do this by attempting to match the identifying information that you provide to the personal information maintained by Apellis, if any.
We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).
You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that they are authorized to act on your behalf, and we may also require your authorized agent to verify their own identity.
Appeals
Residents of Colorado, Connecticut, and Virginia can appeal a refusal to take action on a request by contacting us by email at privacy@apellis.com.
Apellis is continually improving and adding new functionality and features to the Site. Because of these ongoing improvements, changes in the law and the changing nature of technology, Apellis’ data practices will change from time to time. Accordingly, this Privacy Statement is subject to occasional revisions. We will notify you of changes by posting the new Privacy Statement on the Sites and updating the effective date of the Privacy Statement. Such changes to the Privacy Statement will become effective when posted. You acknowledge and agree that it is your responsibility to review this Privacy Statement periodically and become aware of modifications.
The updated Privacy Statement will be effective as of the “Effective Date” date listed at the top of the Privacy Statement.
If you have any questions about this Privacy Statement or concerns about the way Apellis processes your personal information, or require assistance in managing your privacy choices, please get in touch with us at:
Apellis Pharmaceuticals, Inc.
Privacy Office
100 Fifth Ave. Waltham MA 02145, U.S.
Email: privacy@apellis.com
For purposes of European data protection laws, Apellis Pharmaceuticals, Inc. is the data controller: i.e., the company responsible for controlling the processing of personal information covered by this Privacy Statement. Apellis’ Data Protection Officer can be reached at privacy@apellis.com.
Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.
Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.
For individuals in the European Economic Area or Switzerland, then this Supplement may apply in addition to the above.
Transfers of your personal information may be made to entities located outside the European Economic Area, including entities located in the United States, for processing consistent with the purposes above. Apellis will implement appropriate contractual measures to ensure that the relevant Apellis companies and third parties outside the European Economic Area provide an adequate level of protection to your personal information as set out in this privacy statement and as required by applicable law.
For the processing of personal information relating to the European Economic Area, Apellis has assigned a data protection officer responsible for overseeing our compliance with EU data protection law, whom you may contact at privacy@apellis.com in case of any questions or concerns regarding the processing of your personal information.
If Apellis’ processing of your Personal Information is covered by EU law, you may also lodge a complaint with the corresponding data protection supervisory authority in your country of residence. You can find the relevant supervisory authority name and contact details under https://edpb.europa.eu/about-edpb/about-edpb/members_en.
Thank you for downloading the This Is PNH Support application (hereinafter referred to as the “App”), which offers comprehensive administration and adherence support to patients with paroxysmal nocturnal hemoglobinuria (hereinafter referred to as “PNH”).
This App has been developed and is maintained, by Squint Metrics (https://www.squintmetrics.com/), for and on behalf of Apellis Pharmaceuticals, Inc., (hereinafter referred to as “Apellis”, or “we”, “us”, “our”). Apellis Pharmaceuticals, Inc., 100 5th Avenue, Waltham, MA 02451, USA, Phone: + (617) 977-5700 | website: https://apellis.com/ | email: info@apellis.com. Kinvey Inc., https://www.progress.com/kinvey, a BaaS provider, is used by Squint Metrics for partial data storage management using Amazon Web Services to set up, use, and operate a cloud back-end for the App.
The privacy and the security of your personal data is important to us. This Privacy Policy (hereinafter referred to as the “Policy”) will explain, in a clear and comprehensive way to you, how and why we collect, store, disclose, and use your personal information (hereinafter referred to as “Personal Data”), as well as describe the controls and options at your disposal in terms of time and the way you choose to share your personal data.
For more information on how we handle Personal Data, please read our privacy policy here / data protection notice: https://apellis.com/privacy-policy/.
Your personal data
Personal Data you provide
The Personal Data you will need to provide to the App for registration purposes will be the following:
After downloading the App, you will be required to provide the above data to create an account.
Such data are provided directly by you, based on our agreement for the use of the App, in order to provide you with the App customer services (such as App’s functionality and for confirming your requests on the exercise of your privacy rights).
The Personal Data, which you might provide through the use of the App will be the following:
The above data are provided directly by you, based on your consent, which is freely revoked. You are not obliged to provide your Personal Data, however, choosing not to, may make the delivery of several services not possible.
Please note that when you connect to a wearable fitness device of your choice, i.e., Google or Apple Healthkit or Fitbit, you will need to follow the respective steps required to sync your data with the App, so that you grant the required permission and choose what categories of data from the wearable fitness device you would like to share with the App accordingly. Please note that we have no control over the contents of those wearable fitness devices and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such wearable fitness devices. If you decide to connect to a wearable fitness device, you do so entirely at your own risk and subject to the terms and conditions of use for such wearable fitness devices.
Aggregated data automatically collected
Other data that might be collected using the App via Android/iPhone Advertising ID (anonymous cookies provided to Google from ad tracking tags) are the following:
Regarding these data, which will be collected via Android/iPhone Advertising ID, Apellis will receive only aggregated data on usage statistics, that will not include any of your Personal Data nor will Apellis be able to identify any App users from the aggregated data reports.
All the above-mentioned data categories collected through the App will be provided to Apellis deidentified and will not contain personally identifiable information.
This Privacy Policy does not cover the Personal Data that will be potentially collected and processed by Google’s Play Store or App Store, as each application store may have its own terms and conditions to which you must agree before downloading apps.
For which reason your Personal Data will be used
Any Personal Data collected or stored on the PNH App will be used for the following purposes:
Sharing Personal Data
Your Personal Data maybe be disclosed to other Apellis affiliated entities and certain third parties (as Squint Metrics) who provide us with various business services, such as but not limited to: professional services, including information technology services and related infrastructure, customer service, email delivery, auditing and other similar services as well as to business partners and collaborators.
We will not sell or otherwise disclose your Personal data without your consent, except where such disclosure is reasonably necessary:
All Apellis affiliates and any third-party service providers are only permitted to use such data for the purposes of performing services for and on our behalf and in accordance with all applicable data protection laws.
How long we will keep your Personal Data
We will keep your Personal Data only so long as we need it to provide the relevant services to you and to fulfill the purposes described in this Policy. This is also the case for anyone that we share your data with and who carries out services on our behalf. When we no longer need to use your data, we will delete the Personal Data upon your request to remove your account, or in the event that the program is shut down.
Your Privacy Rights
You have the right to request from us to:
If you wish to exercise one of the above mentioned rights, please send us your request in writing to the following address: Apellis Pharmaceuticals, Inc., 100 5th Avenue, Waltham, MA 02451, USA, Phone: + (617) 977-5700 | website: https://apellis.com/ | email: info@apellis.com, or send us your request via email at privacy@apellis.com.
Security
The data contained within the PNH App is stored on your smartphone as well as in the Kinvey Inc. servers located in US, using Amazon Web Services.
To access the App you will need to use a username and a password. The password protects your user account, so we recommend that you keep it secure and private and you do not share it with others.
Changes to this Privacy Policy
From time to time, we may update this Privacy Policy. Any changes will become effective when we post the revised Privacy Policy in the App. Your use of the App following these changes means that you are informed of the revised Privacy Notice. This Privacy Notice was last updated on April 30, 2021.
Contact Us
If you have any questions, comments or suggestions about this Privacy Policy or our privacy practices, please contact us at: privacy@apellis.com or contact Apellis Assist via the App.
For any technical issues, tap to open and draft an email that will be sent to Squint Tech support system, via the Contact App Technical Support.
Welcome to the This Is PNH Support Application. The following terms and conditions (hereinafter referred to as “Terms and Conditions” or “Terms”), which constitute the agreement between you (hereinafter referred to as “you”, “your” or “User”) and Apellis Pharmaceuticals, Inc., (hereinafter referred to as “Apellis”, “we”, “our” or “us”), the owner of the This Is PNH Application (hereinafter referred to as the “App“) that offers an adherence support to the patients of Paroxysmal Nocturnal Hemoglobinuria (hereinafter referred to as “PNH”) in United States.
The App is owned and managed by Apellis Pharmaceuticals, Inc., a company established in the US, with its registered office at 100 5th Avenue, Waltham, MA 02451, USA, https://apellis.com/. The App has been developed and is maintained, for and on behalf of Apellis, by a third-party application service provider, Squint Metrics, 2 Hudson Place, Suite 401, Hoboken, NJ 07030, https://www.squintmetrics.com/.
The App is available as a mobile app for free download via your mobile device. The App is intended to be used solely by patients with PNH to track and record, among other things, the changing nature of their symptoms and its impact on their overall well-being and lifestyle. More specifically the patients have access to the following features:
You must be at least an 18-year-old patient with PNH in the US as per above, if you wish to use the App.
Your use of the full functionality of the App (including setting up a User account) requires your agreement to be bound by these Terms and Conditions. By clicking on the “Accept” button below and by continuing to use the App, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, or if you are under the age of eighteen (18), you shall not create a User account on the App, use or access any part of the App.
Contract language is English.
These Terms and Conditions apply to the use of the App and contain the terms governing your use of the App. It is important that you have read and understood these Terms and Conditions of use, together with our Privacy Policy, carefully and completely before using the App.
We reserve the right to make changes to these Terms and Conditions. When prompted to download any update to the App from the Application Store upon such update becoming available, you must check the terms and conditions applying to such update. Any modification to these Terms and Conditions shall become binding when published.
PURPOSE AND CONTENTS OF THE APP
The App does not pursue a medical purpose. It is designed to keep a record of User symptoms and how they change over time and their impact on User well-being and lifestyle. The App is not intended as a disease monitoring tool or as a symptoms checker, but as a lifestyle/guidance app that allows patients of PNH to better manage their disease and track their progression, symptoms, labs, and quality of life over time. To have your symptoms checked, please talk to your healthcare professional. Furthermore, the App does not make any medical diagnoses. Please seek the advice of a medical professional if you are concerned about your health. You should never disregard a doctor’s professional advice or cancel an appointment with a doctor because you are relying on information you have reported within the App.
In case of an emergency, you should contact your healthcare professional or dial 911, if it is possible, via your device.
The contents of this App, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to you as an App User on an “as is” basis and are meant to be used for informational purposes only. The contents of this App are not intended to be a substitute for, or to override, any professional medical advice or the diagnosis, prevention, monitoring, prediction, treatment or alleviation of diseases, injuries or disabilities. While you can use the contents of this App as a written diary/log of your symptoms and feelings about your health, the App is not intended to provide information that is used to take decisions with diagnosis or therapeutic purposes.
While every effort has been made to ensure that the information provided in the App is up to date and accurate, the App must not be considered complete or comprehensive in relation to the treatment based only on the information you logged into the App. Use of the App and reliance on any information provided in this App or, where applicable, resources or websites linked to this App are done solely at your own risk and always in compliance with these Terms and Conditions.
DOWNLOADING AND INSTALLING THE APP
Before using the App, you will first need an Apple ID or a Google account. You can then download the App from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as “App Store”) to your mobile device or tablet.
You acknowledge that these Terms and Conditions are not similar with the App Store from which you have downloaded the App. Each Application Store may have its own terms and conditions to which you must agree before downloading apps from it. You agree to comply with, and your license to use the App is conditional upon your compliance with, such App Store terms and conditions. To the extent that terms and conditions from such App Stores are less restrictive than, or otherwise conflict with, these Terms and Conditions, the more restrictive or conflicting terms and conditions in these Terms and Conditions apply.
CREATING A USER ACCOUNT
After downloading the App from the relevant App Store and being a patient of PNH, you are going to provide your email as a username and create a password for your account registration (hereinafter referred to as “User Account”). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions.
We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.
We advise our Users to only use “strong” passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper- and lower-case letters, digits and special characters). When you register your User Account or input other information, you are also declaring that the information is correct and complete. In the event of any change in the information at a later date, you declare that you will update the App accordingly.
You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you should delete the App.
YOUR PRIVACY
Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is a priority for us. For that reason, any of your Personal Data generated by the use of the App will only be collected, stored and processed by us in compliance with applicable data protection legislation. Please read our Privacy Policy to understand how and for what purposes we collect and use your information to provide you with the best possible service.
GRANT AND SCOPE OF LICENSE
This App and the contents are protected by copyright, trademark and other proprietary rights of Apellis or third parties. It is for your personal, non-commercial use only. Except as expressly permitted in these Terms and Conditions, no portion of the App or the content, including, without limitation, trademarks, trade names and logos or any other intellectual property rights, may be reproduced in any form, or by any means, without prior written permission from us or applicable third party. Any use not expressly permitted by these Terms and Conditions such as unauthorized downloading, redistribution, retransmission, copying, modification or commercial use of the content is a breach of these Terms and Conditions and may be a violation of applicable copyright, trademark, and other laws as well as could result in legal action.
Subject to the preceding paragraph, we grant you a limited license to use this App for the duration of the agreement solely for your personal, non-commercial use. We may revoke this license at any time at our sole discretion.
OPERATING SYSTEM REQUIREMENTS
This App requires an iPhone or Android mobile phone device with a minimum of 32GB of memory and the iOS or Android operating system (iOS 10+, Android 5+).
UPDATES TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always match the description of it provided to you when you downloaded it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features that we introduce. We will notify you of a change when you next start the App.
YOUR USE
You may only use the App and any information in or downloaded from the App in compliance with these Terms and Conditions, applicable laws and regulations and you may not violate the rights of others. In particular, you must:
DISCLAIMER OF WARRANTY
We do not guarantee or warrant the availability, quality, accuracy, completeness, timeliness, appropriateness or suitability of the information on the App or of any functionality or services referenced on the App. We assume no obligation to update the information, functions or services in the App, to correct any errors or fix bugs. The information and the App may be changed from time to time without notice.
We disclaim all warranties, representations, conditions regarding use of the App or the information, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether expressed or implied, or arising from a course of dealing, usage or trade practice.
DISCLAIMER OF LIABILITY
We assume no liability for the delay, failure, interruption, corruption, or loss of any data transmitted to this App, and do not warrant that the App is free of infection, viruses, worms, or codes that manifest contaminating or destructive properties.
We, and any other parties involved in the creation, production or delivery of the App, including the provision of information, disclaim any responsibility and shall not be liable for damages, claims, liabilities, costs or obligations including any direct, indirect, special, incidental or consequential damages whatsoever and however caused, arising out of or in connection with the use or misuse of the App or the information whether such damages arise in contract, tort or negligence.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
In relation to the Wearable Connect and Support feature of the App, we have no control over the contents of those wearable fitness devices and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such wearable fitness devices. If you decide to connect to wearable fitness device, you do so entirely at your own risk and subject to the terms and conditions of use for such wearable fitness devices.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Apellis from any liability, loss, claim, and expense (including reasonable legal fees) related to your violation of these Terms and Conditions.
TERMINATION
These Terms and Conditions, which constitute the agreement between you and Apellis, are effective upon your acceptance thereof and shall continue until terminated by you or Apellis. This agreement will terminate immediately and without additional notice in the event that you breach or fail to comply with any term within these Terms and Conditions. If this agreement terminates, you must discontinue your use of the App and uninstall and destroy any and all material associated with the App.
GOVERNING LAW
This App is owned and managed by Apellis, which is located in the USA. Any matter arising in connection with this App shall be governed by the laws of Massachusetts and shall be subject to the exclusive jurisdiction of the competent courts in Massachusetts.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
COMPLETE AGREEMENT
Except as expressly provided, these Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Apellis with respect to the use of this App.