Terms and Conditions of Use

These terms and conditions apply solely to access and use of NYGH ARIEL (the “Website”).

This Website forms part of the Ethics Review Manager software application, which is also known as Ethics RM and/or ERM, which has been licenced to North York General Hospital (NYGH). The Ethics RM software and web services are provided by Infonetica Ltd, a limited company registered in England and Wales with company registration number 04503405 (“Infonetica”).

References in this document to "we" are to NYGH and/or Infonetica.

References in this document to “you” or “the user” are to any individuals accessing or using the Ethics RM service.

By accessing the Website, the user agrees to these Terms and Conditions and the Website's Privacy Policy and understands that NYGH and/or Infonetica may process the information that you provide in the use of the Website (including personal data if applicable).

NYGH and Infonetica provide the Website to you without any conditions, warranties or guarantees (whether express or implied), including but not limited to any implied warranties or conditions as to the satisfactory quality of fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Your use of the Website

You may only use the Website for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the Website in a way that does not comply with the terms of any contract agreed between NYGH and Infonetica, any laws that are applicable to you or that is in any way unlawful.

You agree:

1. To comply with any legal notices contained on the Website;

Liability Statement

NYGH and Infonetica try to make sure that all information on the Website is correct, and (without giving any warranty or undertaking in this regard) NYGH will and will procure that Infonetica will use reasonable care and skill to do so. However, subject to the paragraph entitled ‘Exclusions by Law’ below, neither NYGH nor Infonetica accept liability for any error or omission and exclude all liability, either jointly or severally, for any action you may take or loss or injury you may suffer (whether direct, indirect or any consequential or special loss) howsoever arising out of or in connection with the use of this Website.

Exclusions by Law

Nothing in these Terms and Conditions or the Website's Privacy Policy shall or shall be deemed to exclude or limit liability for death or personal injury caused by NYGH or Infonetica’s own negligence or for any fraud perpetrated by NYGH or Infonetica.

For the avoidance of doubt, to the extent that NYGH or Infonetica are liable by operation of the above Exclusions by Law paragraph, such liability shall be several and not joint.

Availability of the Website

NYGH and Infonetica make reasonable endeavours to ensure that the Website is generally available but neither makes any representation nor guarantee as to such availability. Neither NYGH nor Infonetica take responsibility for and will not be liable for the website or any interfaces with other systems being temporarily unavailable, or resulting in loss or corruption of data due to technical issues beyond the reasonable control of NYGH and Infonetica.

Privacy

Any information generated by you visiting the Website will be handled in accordance with these Terms and Conditions, the Website's Privacy Policy, any contract(s) agreed between NYGH and Infonetica, and where applicable the UK GDPR and the Data Protection Act 2018.

Virus protection

While NYGH and Infonetica make every effort to check and test material at all stages of production, NYGH and Infonetica are unable to guarantee that the Website will never be faulty, free of viruses and/or errors, nor that it will work continuously, nor that it will be maintained in a fully operational condition.

It is always wise for you to run an anti-virus program on all material downloaded from the internet. NYGH and Infonetica cannot accept any liability for any loss, disruption or damage to your data or your computer system, which may occur whilst you are using the Website or material derived from the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Website users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

If you breach this provision, you may have committed a criminal offence under the Computer Misuse Act 1990. NYGH and/or Infonetica will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the website user’s identity to them. In the event of such a breach, the user’s right to use the Website will cease immediately.

Changes to the Website

We may make changes to and means of accessing the Website at any time and without prior notice. If the need arises, NYGH and Infonetica reserve the right to suspend access to or close the Website permanently without prior notice. Whilst every effort is made to keep the Website up to date, any of the material on the Website may be out of date at any given time.

Copyright and intellectual property

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world ("IP Rights") in the Website (including all content) are owned by NYGH and/or its licensors for the full duration of such rights.

Except for your use of the Website in accordance with these Terms and Conditions and the Website's Privacy Policy, you are granted no IP Rights in respect of the Website or its content.

As an individual or organisation, you may print paper copies and make copies to your hard drive of any of the names, images and logos identifying the Website provided that in doing so you comply with the following conditions:

1. You must ensure that the resource which you copy is used for research, training, private study or information only and is not used for direct commercial gain;

Amending these Terms and Conditions of Use and/or the Website's Privacy Policy

From time to time NYGH may at its sole discretion amend these Terms and Conditions and/or the Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions and/or Website's Privacy Policy. NYGH will ensure that details of any such changes are posted on the Website in a timely manner.

Enforceability

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such provision shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions.

Governing Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, the use of this Website. These Terms and Conditions, the Website's Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.

Privacy Policy

This Privacy Policy applies solely to the Website (as defined in the Terms and Conditions of Use).

For the purposes of the UK GDPR and the Data Protection Act 2018 (the “Act”), the data controller is NYGH of 4001 Leslie Street, Toronto, ON M2K 1E1.

The software and web services relating to the Website are provided by Infonetica, who acts as a data processor on NYGH's behalf.

Infonetica’s own privacy policy as it relates to the Ethics Review Manager services can be found at (https://www.infonetica.net/ethics-rm-privacy-policy/).

References to "we" or “us” are to NYGH and where appropriate, to Infonetica as a processor appointed by NYGH.

Reference to “you” or “user” are to the visitors and users of the Website.

By accessing the Website, you understand that we will process personal data that you enter into, or upload onto, the Website. Any information (including personal data) that you provide must comply with the terms of this Privacy Policy and the Website's Terms and Conditions.

We are committed to safeguarding the privacy of our Website visitors and users and this policy sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data from you:

When you visit the Website:

• Your operating system, browser, IP address (a number assigned to your computer to identify it on the network);
  • The pages you browse;
  • The referring page that led you to the current page; and
  • Your software and aspects of its configuration.

If you submit or review a research or ethics review application via the Website:

• Your personal identifiers, contacts and characteristics, including your name, address, email address and telephone number; and
  • We may also collect personal data relating to third parties referenced in the application(s) that you submit via the Website. Where this is the case, you must ensure you have the necessary data privacy notices and/or consents to share such personal data with NYGH and its processors.

If you contact us for any reason, we may also keep a record of that correspondence.

This information is available to the Website’s administrators and is used for audit purposes.

Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the browser each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We use session cookies on the Website to keep track of you whilst you navigate the Website. Session cookies will be deleted from your computer when you close your browser.

To maintain and improve the quality of the Website, we use Google Analytics. Google Analytics generates statistical and other information about the Website use by means of cookies, which are stored on user's computers. The information generated relating to our Website is used to create reports about the use of the Website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/policies/privacy/.

Where we store your personal data

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. We will store all of your personal data on our secure servers.

Data transmission over the internet is inherently insecure, and although we will do our best to protect your personal data, we cannot guarantee the security of the data you transmit to the Website and any transmission is at your own risk. Once we have received your information, we will use appropriate security procedures and features aimed at preventing unauthorised access, unlawful processing, accidental loss, destruction or damage.

You are responsible for keeping your password and user details confidential. We will not ask you for your password except when you login to the Website or when you request us to provide you with technical assistance with the Website.

Uses made of the information and lawful basis for processing

Under the Act, the lawful bases we rely on for processing personal data are:

• Your consent. You are able to withdraw your consent at any time. You can do this by contacting reb@nygh.on.ca ; or
  • We have a legitimate interest in doing so.

The personal information and research project information you submit to the Website is processed for the purposes of: 

• Operation and administration of the Website, including requesting feedback from you on its features and services;
• Enabling your use of the services available on the Website, including making research and ethics review applications;
• Dealing with enquiries made by you relating to the Website or its use;
• Providing relevant content, information or offers to you in relation to our services.

Personal information and project information will not be released to third parties except when authorised by the user (e.g. submission of application forms) or required by law.

Third party websites

The Website may contain links to other websites. We are not responsible for the privacy policies or practices of third-party websites.

Amending the Website's Privacy Policy

From time to time NYGH may at its sole discretion amend this Website's Privacy Policy. Your continued use of the Website constitutes your acceptance of and agreement to any changed Terms and Conditions and/or Website's Privacy Policy. NYGH will ensure that details of any such changes are posted on the Website in a timely manner.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: reb@nygh.on.ca.