Terms of use

Last updated: June 06 2017

Mywellrecord.co.uk (the "Service") is offered by your health check provider ("Provider") through a link given to You following your health check. The site is created and hosted by Health Diagnostics Ltd ("We" or "Us") the developer of the health check IT solution used in the delivery of the initial health check and the web site, My Well Record. The purpose of the Service is to enable You to access your health check results via a secure website and to view your report and store it for future reference. The site also provides a range of health information and health care services. Health Diagnostics takes no responsibility for your personal results uploaded to this site as these were taken by your health check Provider.

Using the service

As part of the Service, we work with healthcare providers and others to maintain data relating to healthcare and medical information (each a "Data Source"). You may use the Service to access and download information about Your health and/or medical information from Data Sources. We are not responsible for the accuracy or any of the information provided by a Data Source. We hereby grant to You a personal, revocable, non-exclusive, and non-assignable license to access the Service. We and our licensors and suppliers own all proprietary rights to the Service, including but not limited to all copyrights, trademarks, service marks, patents software and related content and any other rights of any kind or nature as they relate to the Services. By participating in the Service, You agree that You are at least eighteen (18) years old and that any information You provide or access through the Service is either Yours or You have the authority to use it. You may not use the Service to gain unauthorised access to anyone else's information. It is possible that information about You may include sensitive information, depending upon the nature of Your medical information. You will need to use a user name and password to access the Service. If You give Your user name and/or password to anyone else, that person could be able to view or access Your Personal Information through the Service. "Personal Information" is any information provided to the Service that either by itself or with other information personally identifies You. Your Personal Information would include information like Your name, address, information about Your health, including information considered “personally identifiable information” or “protected health information” under applicable laws, rules or regulations. We may revise the Service from time to time with new or different features or information. Any changes that We make will be considered part of the Service. We may ask for Your ideas and suggestions ("Feedback") about the Service. You do not have to give Us Feedback, but if You do, You agree that We may use Your Feedback in any way, including to make changes to the Service. We will use reasonable efforts to make the Service available 24 hours a day and 7 days a week except for maintenance, upgrades or repairs, but You acknowledge that there may also be events which are beyond Our control, including failures of telecommunications lines, which may cause disruptions in Service. You agree that We will not be liable for or responsible to You for any disruptions or failures in Service and its accessibility.

Description of Service

The service is an online service designed to allow you to view your NHS or workplace health check record and read educational information relative to your health check results. In addition to Your Personal Information as maintained in the Data Source maintained by Your Provider, the Service may also provide certain additional news, educational materials or other information or third party content offered through the Service by Us and Your Provider. We make no warranty concerning the quality, accuracy or completeness of the information provided through the Service and You agree that We have no responsibility or liability for the health information maintained by Your Provider.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE PERSONAL INFORMATION IN YOUR HEALTH CHECK RECORD, PLEASE CONTACT YOUR PROVIDER. IF YOU HAVE ANY HEALTH CONCERNS SPEAK WITH YOUR DOCTOR. THIS SITE IS NOT A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE.

We make every effort to ensure the accuracy and integrity of information or material that We produce or provide through the Service, but We are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical, or other errors. Information and related materials are subject to change without notice. Any educational or other content available on the Service is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither such content nor any other service offered through the Service is intended to be a substitute for a medical diagnosis or treatment. We do not recommend or endorse any specific health professional, drugs, tests, products, procedures, opinions or other information that may be mentioned during Your use of the Service. Your reliance upon any information obtained or used by You is solely at Your own risk. We are not responsible for the accuracy of any information or content provided or sent by You or other users of the Service, including Your Provider. You are responsible for verifying the accuracy of any information You send or receive through the Service, including any of Your patient health information, data, or records.

Use with your mobile device

Use of these Services on a mobile device requires a compatible mobile device, internet access and an internet browser. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of Your agreement with Your mobile device and telecommunications provider.

We make no warranties or representations of any kind, express, statutory, or implied as to the availability of telecommunications services from your provider and access to the services at any time or from any location, any loss, damage, or other security intrusion of the telecommunication services, or any disclosure of information to third parties, failure to transmit any data, communications, or settings connected with the services.

Your personal information

Your privacy is important to Us. You will need to provide a User ID and password (Your “Credentials”) to access and use the Service. When You download Your Personal Information from Your Data Source, the Service will store Your personal information. We provide the Service to You as a Business Associate to Your health care provider. To the extent permissible under all applicable laws and regulations, You hereby grant to Us a perpetual, unlimited license to use Your Personal Information, in a de-identified format stripped of identifiers, for data benchmarking, sharing, research, warehousing, resource utilisation and similar data analytics products or services. You are solely responsible for maintaining the strict confidentiality of Your Credentials. This responsibility includes not allowing another person to use Your Credentials to access the Service. You should immediately inform both Us and Your Provider of any need to deactivate Your account due to potential or actual security concerns. Neither We nor Your Provider will be responsible or held liable for any harm related to the misuse or misappropriation of Your Credentials, Your disclosure of Your Credentials to another person, or Your allowing any person or entity other than Yourself to access the Service using Your Credentials.

Third Party Services; Sites

While You use the Service, You may find out about or have the opportunity to utilise services or products provided by other companies that are not related to Us ("Third Party Services"). If You decide to use Third Party Services, You are responsible for reviewing and understanding any terms and conditions governing such Third Party Services. You agree that the company providing the Third Party Services, and not Us, is solely responsible for the Third Party Services. The Service may contain links to web sites operated by other companies ("Third Party Sites"). We do not control Third Party Sites and We are not responsible for the content of, or any links in, any Third Party Site. We do not review, approve, monitor, or make any representations with respect to Third Party Sites. If We include any link in the Service it does not mean that there is an affiliation, sponsorship, endorsement, approval, investigation, verification of anything in any Third Party Site. We will not be responsible for the information contained in any Third Party Site or for Your use of or inability to use such web site. Access to any Third Party Site is at Your own risk, and You acknowledge and understand that Third Party Sites may contain terms and privacy policies that are different from this Agreement. We are not responsible for such provisions, and expressly disclaim any liability for them.

Electronic Communication

Prohibited Conduct

You may only use the Service for lawful purposes. In Your access and use of the Service, You agree that You will not:

  • (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Our or any third party;
  • (ii) abuse, defame, harass, or stalk any individual or other user of the Service;
  • (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Service or the proper working of the Service;
  • (iv) use any technical or manual process, to access, acquire, copy or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;
  • (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity or attempt to use another user’s account;
  • (vi) attempt to obtain unauthorised access to the Service;
  • (vii) engage, directly or indirectly, in transmission of any type of unsolicited solicitation;
  • (viii) engage in any activity that interferes with any third party’s ability to use or enjoy the Service;
  • (ix) probe, scan or test the vulnerability of the Service, or breach the security or authentication measures on the Service;
  • (x) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; or
  • (xi) assist any third party in engaging in any activity prohibited by these Terms of Use. We reserve the right to withdraw the service to any person or persons We believe are in breach of any of the Terms and Conditions, without notification. We are not held responsible for any loss of information due to the withdrawal of this Service.

Privacy

The Privacy Policy for the Service is hereby made part of these Terms.

Termination

We may stop making the Service (including any feature) available at any time and for any reason. If the Service is no longer available to users and You have been paying a fee, You will not be charged a fee after the date of termination, and You will no longer have access to Your Service account. We take no responsibility for the loss of any data associated with the withdrawal of this service. We may terminate Your access to the Service if You do not act in accordance with these Terms.

Warranty Exclusion

The service and any content accessible through the service is provided on an “as is” and “as available” basis and use of the service is at your sole risk and to the maximum extent permitted by applicable law, we, our affiliates, licensors, third party content or service providers, suppliers (collectively Suppliers) together with your Provider disclaim all guarantees and warranties, whether express, implied or statutory regarding the service, content and related materials including any warranty of fitness for a particular purpose, title, merchantability and non-infringement. We do not warrant that the service is secure or free from bugs, viruses, interruption, or errors, furthermore we do not warrant access to the internet or to any other service or content or data through the service. We do not make any warranty that this service or its content will meet your requirements, or that this service or its content will be uninterrupted, timely, secure, error free or that defects, if any will be corrected.

You understand and agree that you will be solely responsible for any damage to your business, your computer system, or loss of data that results from the download of any content, data, app and or software. You acknowledge that we do not control information, products or services offered by third parties through this service, except as otherwise agreed in writing. We and our affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness or reliability or usefulness of any advice, opinion, statement or other content or any products or services distributed or made available by third parties through the service.

Limitation of Liability

Under no circumstances, including without limitation, negligence, shall we or our parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers or your Provider, be liable for any indirect, incidental, special, consequential or exemplary damages, including damages relating to loss of business, telecommunications failures, loss, corruption, security or theft of data, viruses, spyware, your inability to use the service for any reason whatsoever, loss of profits or investment, goodwill, any other matter relating to the service or the like, whether based in contract, tort (including negligence) or otherwise, even if we or our suppliers have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose, in no event do we assume any liability to any party other than you arising out of your use or inability to use the service our entire cumulative liability and that of our supplier for all matters arising from or relating to this agreement shall be limited to the amount paid by You to Us for the use of this particular service during the twelve (12) months preceding the claim. Any payments You have made to your Provider are not part of any agreement with Us. The limitations of damages set forth above are fundamental elements of the basis of the access to this site and we would not be able to provide the service without such limitations.

Modifications

We may modify this Agreement from time to time. You are deemed to accept and agree to be bound by any changes to the Agreement when You use the Service after those changes are posted.

Cookies

Cookies are small text files that websites store on your computer to help distinguish you from other users. We use cookies to help us provide you with a better experience when you browse our website and help us to improve our site through monitoring visitor interest and behaviour anonymously. There are a few different types of cookies:

  • Persistent cookies are used to retain user preferences, relating to a particular website you visit. This can be things like whether you want to be logged in automatically when you visit the website, or whether you've already been asked to take part in a survey for example. Persistent cookies exist on your machine for a pre-set length of time.
  • Session cookies are used to retain information during a particular time you've used a website; this can be things like storing the contents of your shopping basket on an e-commerce site. They are deleted as soon as you close your browser.
  • Third-party cookies are used by advertisers and social networks to learn about your browsing habits to help deliver relevant advertising and content to you. This, for example means you could be more likely to see adverts for shops you already shop at.

Cookies used by My Well Record

My Well Record uses Persistent and Session cookies. Below is a list of cookies used by My Well Record

Name Type Use Explanation
mywellrecordwif-assessmentid Persistent Site function This cookie is used by My Well Record CVD risk assessment tool to monitor and store information about your health results while you conduct a 'what if I change' scenario.
mywellrecord-versions Persistent Site function This cookie is used by My Well Record to record website versioning information
ASP.NET_sessionID Session Site function This cookie is set to ensure the user does not have any disruption to their user experience while accessing My Well Record. This cookie holds no personal information; it helps us provide our users with an uninterrupted My Well Record session

Privacy policy

This website is run by My Well Record. My Well Record is a brand name of Health Diagnostics Ltd. a company registered in England with company number 4649183. Registered offices at Military House, Chester, Cheshire, ENGLAND. Health Diagnostics Ltd ("We") are committed to protecting and respecting your privacy.

Scope of policy

This policy together with our terms of Service applies to your use of the My Well Record website and all related services and features, collectively called, the "Service".

This policy sets out the basis on which We may process any personal data We collect from you, or that you provide to us. Please read the following terms carefully to understand our views and practices regarding your personal data and how We will treat it.

For the avoidance of doubt, by registering with, or using, the Website, you consent to the collection, use and transfer of the relevant data and your information under the terms of this Privacy Policy.

Information we may collect from you

We may collect and process the following data about you:

  • Information you give us (“Submitted Information”): You may give us information about you by filling in forms on the Website, or by corresponding with us (for example, by email). This includes information you provide when you register for an account at the Website. The information you give us may include your name, nickname, age, postcode and email address.
  • Information about any visit to our Website: Each time you visit the Website We may automatically collect the following information:
    • technical information, including the type of device used, operating system, browser type, and screen resolution (“Device Information”);
    • details of the resources accessed (“Log Information”).
  • If you contact us, we may keep a record of that correspondence or conversation.

Disclosure of your information

My Well Record will not disclose any personal information about you to any third party unless:

  • It is in order to:
    • enforce or apply the Terms of Use and other agreements or to investigate potential breaches of the same; and/or
    • protect the rights, property or safety of Health Diagnostics, our customers, or others;
  • We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; and/or
  • It is to a third party performing services on our behalf (and who may only use such information to provide services that We have requested and not for any other purpose), for example, third party companies that provide analytical services so that We can better understand our users and so tailor the services that We provide.

How and where we store your personal data

The data that We collect from you will be processed (which includes storing it) in accordance with our obligations under the relevant laws (including, the Data Protection Act 1998) which set out our obligations as someone that has personal data within our possession and control.

Sometimes We may use service providers to help us run the Website or services available on the Website. However, it is our responsibility to ensure that if We use any such service provider then such processing must comply with appropriate security measures. We may also independently audit these service providers to ensure that they meet our standards.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of any data transmitted to the Website; any transmission that you make is therefore made at your own risk. However, once We have received your data, We will use strict procedures and security features to try to prevent any unauthorised or unlawful access to the same and all information you provide to us is stored securely.

Access to information

You have the right to access certain information held about you. You can use your right of access in line with the terms of the Data Protection Act 1998 (DPA) by making a “subject access request”.

If you would like to make a subject access request then you must make that request in writing to the address provided below or by completing the