(1) Name of the company handling of personal information regarding inquires:
Heart Organization Co., Ltd.
(2) Purpose of using personal information:
Used for business administration, various contacts, billing, payment management, service/service improvement, advertisement/publicity/marketing.
(3) Provision of personal information to third parties:
The personal information, which is collected via a registration, is never provided to third parties except when required by law.
(4) Outsourcing of personal information:
All or part of the handling of the personal information, which is collected via a registration, is outsourced.
(5) Result when personal information is not provided:
The provision of personal information is strictly optional, but if an individual does not provide us with his/her personal information when a registration is made, it might not be possible to register.
(6) Disclosure of personal information and inquiry desk:
The company responds to the requests by the individual identified about disclosure of personal information, notification of the purpose of use, correction, addition or deletion of the content, termination of its use, erasure of personal information, and termination of providing personal information to third parties (called “disclosure, etc”)
Please refer to “Inquiry desk for claims or consultation regarding the handling of personal information”below as the information for inquiring disclosure, etc.
(7) Collection of personal information with non-consensual methods:
If the customers allow browser to send and receive cookies, the company may collect cookies stored on your computer and link the collected action history to personal information.
* Cookie is the data that the website sends to the user's browser and is recorded in order to identify the user.
* Web beacon is a system that can recognize information such as website date / time, content, connection information, cookie etc embedded in web beacon embedded web beacon.
If the customers do not wish to gather information using our cookie and web beacon, the customers can refuse it by browser setting.
However, it might not be possible to make a registration.
(8) Safety control measures for personal information:
The company takes necessary and appropriate safety control measures to prevent leakage, loss, or damage of personal information, which is collected via registrations.
(9) Personal information protection policy:
For our personal information protection policy, please visit our homepage.
(10) Inquiry desk for claims or consultation regarding the handling of personal information:
Personal information protection manager:
|Name of inquiry desk:||Inquiry desk for personal information|
|Contact:||Inquiry Desk in charge/ Personal information protection manager: Office Manager Control Headquarters Nobuo Taketani|
Address: 5-5-15 Nishi-nakajima, Yodogawa-ku, Osaka, Japan
Fundamental Principles Regarding e-casebook
1. e-casebook is provided and intended for physicians' educational use in order to support the spread of medical technology, knowledge and information by online studying sharing case information presented at conferences/meetings (or by same-purpose groups or individuals) without any physical distance or time constraint. The ultimate goal of this service is to improve the quality of health care that the general public may receive.
2. Participation in the services provided by e-casebook is restricted to physicians only because of its case study service for physicians, healthcare professionals and companies However, a user who is invited by an e-casebook administrator can view specific cases and temporarily participate in the case study as a guest.
3. The materials on e-casebook are provided for the physician case study, and cannot be used as a basis for patient diagnosis or choice of treatment.
4. Individual users of e-casebook take responsibility for acquiring permissions from the material holder such as images to be shared for the case study as their individual responsibility. Also, any personal information included in the cases (DICOM tags) are deleted automatically using the uploader provided by e-casebook. However it is the personal responsibility of the e-casebook user to pay close attention not to include patient's private information in other unforeseeable locations, for example when filling in case information, and to be sure to delete the information that identifies a specific individual.
5. Privacy: e-casebook respects the privacy of each user.
Article 1 Scope and Scope Changes
These terms are written in Japanese (Japan). If there is a discrepancy between Japanese and its translation, the Japanese-language version shall be given priority.
1. These terms and this user agreement (hereinafter, the "Terms") set forth the standards of use of the e-casebook website, jointly operated by Heart Organization Co., Ltd ("the Operating Company") and contracted corporation (academic conference/meeting/related company *1). It applies to every interaction between the Operating Company, contracted corporations and members for use of internet services to mediate case discussions mainly with image- and/or comment-posting among members ("Services").
2. A member is a person who has completed a member registration in a prescribed manner based on an invitation from conferences/meetings, a member who has completed registration, or Operating Company. Members shall use Services in full compliance with these Terms. In addition, registration notices may be sent to registered affiliates, addressed to the member applicant. An e-casebook administrator is a person who has been approved by the Operating Company and contracted corporations and has completed an administrator registration in a prescribed manner.
3.1) Application for registration must be made by the intended member themselves or the corporation itself who/which uses the Service; application for registration by a proxy is not allowed. If the applicant is a corporation, each user must complete registration and these accounts must be managed properly. Provided that the following conditions are met, the Operating Company shall accept registrations from a corporation.
3-1-2. Each registrant with this corporation agrees to share their information with the Operating Company through the aforementioned corporation.
3-1-3. The corporation may share registrants’ information with e-casebook.
2) The registering applicant must provide the true, correct and latest information when he/she applies for registration. Membership may be deregistered if false information is provided in the application content.
3) The Operating Company determines if the registration of the registering applicant is possible according to the criteria of the Operating Company, and if the Operating Company accepts registration, it is considered that the user registration of the registering applicant is completed.
4) The Operating Company reserves the right to amend the Terms without prior notice to members. In the event of any amendment to the Terms, the Operating Company shall issue or notify the members of changes to the Terms. If the member uses the Service after the issue or notice set forth above, or if the user has not taken steps to cancel registration within the period specified by the Operating Company, the member shall be deemed to have agreed to such amendments to the Terms.
Article 2 Purpose and Scope of Services
1. This Service is primarily intended to provide internet services to mediate case study through the posting of case images and commentary.
2. Members may use the Services according to the method prescribed by the Operating Company within the range of purposes prescribed in the Terms and within the range which do not violate the Terms, only for the period the user is effectively registered as a user.
Since this service is operated under the cooperation of patients with the physician's education and the development of medical care as a general rule, the content to be studied has a nondisclosure obligation and must be honest and educational.
3. When a member downloads the uploader to his/her computer, the member shall exercise due care in order to prevent the loss or alteration of the information, or any damage to his/her equipment at his/her own risk. The Operating Company shall in no event be responsible or liable for such loss, alteration or damage incurred by the member.
4. A member invited by doctors, medical professionals, and the administrator of e-casebook shall share case information, etc. for the purpose of research, education, consultation, examination, skill evaluation, etc. within the scope of the prescribed service.
Article 3 Use and Disclosure of Member Information
1. The Operating Company, as a general rule, shall not disclose personal information a member provides to the Operating Company as part of membership registration and in the use of this Service (hereafter referred to "Member Information") other than the personal information displayed as part of posting and commentary made in the course of this service to another member without prior consent. However, this does not apply to disclosure requests or inquiries from public authorities pursuant to laws and regulations or to the Operating Company's statutory obligation of disclosure.
3. Notwithstanding paragraph 1, members are deemed to agree that the Operating Company may, to such extent as deemed to be necessary, disclose if any of the conditions stated below apply:
When a member agrees to disclose their personal information in order to use content.
With regards to each members’ content browsing history, the Operating Company may share or provide a third party with statistical information such as a member’s age, type of organization (general hospital, clinic etc.) and prefecture of organization’s location, without expressly referring to a specific individual member.
The Operating Company may disclose members’ personal information to a credit card company or the like, to such extent as deemed to be necessary for the Operating Company to collect the agreed paid-for service. The information shall be handled with due care and under strict control, between the Operating Company and the third party.
Members who are obliged to pay fees in response to the services provided by the operating company are deemed to agree that the Operating Company’s business contractor shall handle their credit card information and other payment information in order to collect service fees.
Article 4 Termination/Cancellation of Services for a Specific Member
With respect to the use of Services, members shall not engage in any acts that the Operating Company determines to fall under any of the following, regardless of the member's intent or negligence. For members who engage in a prohibited activity, the Operating Company shall be entitled to remove the associated content, suspend or discontinue the Services, and terminate his/her membership. Under no circumstances shall the Operating Company have any duty of answering questions or complaints resulting from such content deletion or service suspension. The Operating Company shall assume no responsibility for any damages incurred by the member.
Please note that even if email messages, phone calls, and written notices from the Operating Company cannot be confirmed by a member due to their particular circumstances, appropriate action will be taken in accordance with these Terms.
1. Antisocial acts
1) Any act that violates public policy or law.
2) Any criminal acts, or acts announcing, participating in, or assisting such an act.
3) Any acts which provide false or misleading information when applying for registration or posting any content.
4) Any acts which cause or encourage server overload beyond the capacity of usual usage; any acts which disturb or impair the management or provision of the Service, or its use by other members, or an attack on a third-party system.
5) Any acts infringing any third party's industrial property rights (including, but not limited to, patents, trademarks or design rights), copyright or intellectual property rights such as trade secrets.
6) Any acts infringing the credit or honor or violating of privacy rights, portrait rights, or any other rights of a third party. In such a case, a third party may be an individual or entity whether public or private, and it can be identified by its member ID, nickname, real name, or link to the member.
7) Posting of terms or expressions likely to beautify, provoke, and encourage suicide, self-injury, drug abuse, etc.
8) Any acts involving in any way the stalking or harassing behaviors towards a third party.
9) Any acts posting any content expressing ethnic, racial, sexual, age, or any other type of discrimination.
2. Intentional registration of false information
1) Any acts that impersonate or may impersonate a third party by the posting or registering of false information (including personal information such as name, date of birth, email address, or address) or acts that use Services using someone else's registered information (e.g. email address and password) even with the said individual's permission.
2) Any acts of posting false information that may cause disruption to the Operating Company or other members.
1) Indiscriminate (spamming) posting of comments, friend requests and invitation emails, community participation requests, or messages.
2) The act of re-registering for service by a member whose membership has been suspending due to violation of the Terms.
3) The act of intentionally inviting or inviting through negligence a member whose membership has been suspending due to violation of the Terms.
4) The act of sending a letter of invitation to those unacquainted, especially an act of posting a letter of invitation on another blog or message board.
5) The act of transferring a letter of invitation to a third party or an act of allowing third party use of a membership or transferring membership to a third party
6) The act of multiple users using a single membership.
7) The act of one individual holding multiple memberships.
8) The act of transferring a part of the right of Service by means other than the manner prescribed by the Operating Company.
9) The act of an exchange transaction of the right to use part of Service for cash or property or for financial benefit or any act of advertising, notification, or solicitation of any such act.
10) The act of using, editing, reprinting, etc. without prior consent with respect to the entries for the Service including images.
11) With the purpose of inducing access, the act of leaving an indiscriminate and large access history.
12) Any act which violates the internal rules of any trade organization of which the Operating Company or the member is a member.
13) The act of transmitting information containing computer viruses or other harmful computer programs.
14) Any act which is likely to interfere with the operation of the Service by the Operating Company.
15) The acts of buying and auctions, the payment of money and other similar acts without obtaining consent from the Operating Company
16) The acts of advertisements of goods and services, advertising purposes and other acts with the purposes of soliciting spam mails, chain mails, etc. without obtaining consent from the Operating Company
17) Other acts which are judged to be inappropriate on rational grounds, in light of the purpose of the provision of this Service.
Article 5 Prohibition of Membership Transfer
The user shall not assign nor lend his/her rights as a Member, or share such with any third party.
Article 6 Modification of Registered Information
If there is any change in a user's registered information, the user shall submit the revised information to the Operating Company immediately. Under no circumstances shall the Operating Company be liable for any damages caused by the failure of the member to make such changes in registered information.
Article 7 Password Management
The member shall take responsibility for controlling their password, and shall not let any third party know it by changing it appropriately.
The Operating Company shall not be responsible in any way for damages caused by unjust use of the password by any third party, when it is confirmed that the entered user ID and password match the registered information in a prescribed manner, it is regarded as the registered user of the Services, even if one other than the registered user used it for intentional theft, misuse, or for any other reason.
The registered user shall take sole responsibility for damages to the Operating Company or any third party arising from damages caused by the act described above.
Article 8 Payment Methods and Late Payment
Members who are obliged to pay fees in response to the services provided by the operating company hereby agree to pay the Service fee using a predetermined credit card. Please note that the Service fee set by the Operating Company may be subject to change (with advanced notice).
If a member who is obliged to pay fees in response to the services provided by the operating company does not pay the Service Fee by the payment due date, the member must pay late payment fees equal to 14.6% annually on the unpaid amount from the day after the payment due date until the date of payment. The amount due shall be paid together with the Service fee and any other applicable fees, according to the payment method and on the date specified by the Operating Company.
Members must bear the transfer fee and other costs necessary for the payment described in the preceding paragraph.
Please note that the Operating Company will not issue a receipt for payment for the service.
Article 9 Disclaimer and Member Responsibilities and Obligations
Members hereby agree to the provisions concerning the disclaimer and member responsibilities and obligations below and use the Service with this understanding.
1. If the Operating Company determines it is necessary to urgently protect the properties, rights and others of Operating Company, the contract corporations, the members, the Operating Company reserves the right to modify, permanently discontinue or temporarily suspend the Service without prior notice to the user. In no event shall the Operating Company assume any responsibility to members for modifications, suspensions, or discontinuation of the Service caused by the Operating Company, or unavoidable modifications, suspensions, or discontinuation of the Service due to incidents or accidents.
Part of the Service, which is released for a limited period, shall be discontinued after the prescribed time frame. The responsibility of the Operating Company towards members is the same as described above.
2. Even if the Operating Company website contains links to other websites and other websites contain links to the Operating Company's website, the Operating Company shall not, for any reason, be responsible for any website other than the Operating Company's website or any information obtained from other websites.
3. The member hereby agrees that the Operating Company shall not be liable to the member for compensation or damages of any kind whatsoever; in the event of 1) using the Service or any delay for using the Service due to the circumstances of the members, or inability to use the Service, 2) unauthorized access or alternation, 3) other member’s statements or sending (outgoing) actions on the Service, 4) other actions and 3rd party spoofing, 5) system maintenance by the Operating Company, 6) equipment, services or software maintained by a third party or 7) any damages caused by actions not complying with our instructions, 8) other actions related to the Service.
4. If a dispute occurs among members, it shall be the responsibility of members party to the dispute to resolve such disputes and such members shall indemnify the Operating Company, other members, and other non-member third parties from damage.
5. If a dispute occurs between members and third party non-members, it shall be the responsibility of the memberwho is party to the dispute to resolve such disputes and they shall indemnify the Operating Company, other members, and other non-member third parties from damage.
6. In addition to the two preceding paragraphs, where complaints or claims arise caused by or in connection with the use of the Service including member’s posting/editing text, images, pictures (video), member’s violation of the Terms, or infringement of third party rights by the member, the said member shall, at his/her own expense responsibility handle and resolve the complaints or claims.
7. In cases where a complaint or claim is brought against the Operating Company by other members or third parties for reasons of infringement of third party rights by the member, the said member shall indemnify the Operating Company for any amount of money which the Operating Company has been forced to pay to such members or third parties based on such claim, including attorney fees.
Article 10 Registration, Posting and Changes and Deletion of Posted Content by Members
If any of the following reasons apply, the Operating Company may, without obtaining the consent of members or third parties, change or delete the contents of the registration, posts, or displayed content by the members of this service. The Operating Company reserves the right to claim damages caused by the said member, including labor costs or other expenses of dealing with this matter:
1) if the member violates any law or regulation, or any of the articles and the items of the Terms
2) if it falls under Article 4 of the Terms
3) If the Operating Company determines it is necessary to urgently protect the properties, rights and others of Operating Company, the contract corporations, the members
The Operating Company is not obligated to store the information, and reserves the right to delete such information for operational purposes even when the Operating Company has stored the member's posted contents, messages sent and received, and other information for a certain period of time.
Article 11 Prohibition of Utilization of Other Than for Intended Purposes and Unauthorized Use of Information
The member shall use this service only for the purpose of the physician's case study (hereinafter, "the Purpose"), and cannot use the service and information including images in the service for the purposes other than those such as the purpose of patient diagnosis and treatment, etc. In addition, unauthorized use of any information on any materials including images posted on the Service is prohibited. Therefore, any information on the Service is not allowed to be edited, copied, or reprinted.
Article 12 Responsibility, Copyright and Usage Rights of Posted Content
1. Members may post or edit information such as text, images, and video as part of this service only if they themselves hold intellectual property rights such as the copyright for such information or with the required written author of the right holder of such information.
2. Intellectual property rights of posted or edited text, images, or video shall belong to the member of this service who posted such information, or to the existing right holder. However, the member shall grant a license targeting the entire world, which enables the use of all copyrighted materials broadcasted through this service, and is non-limited, transferable, reproducible, modifiable, public transmittable (including actions that make public broadcasting possible), distributable and sublicensable, to the Operating Company. However, the Operating Company and its corporate or media services partners may use the posted/edited information including text, images, or video after conducting actions determined to be necessary by the Operating Company. In order to do so, the Operating Company shall not be required to make any payment to the member, and the member shall not exercise the personal rights of being the author with respect to the use of copyrighted work by the Operating Company or its corporate partners in accordance with this article.
3. Except for the intellectual property rights of text, images, and video posted or edited by a member as provided in the previous section, all ownership rights and intellectual property rights in and to the Service and all the information related to the Service shall vest in the Operating Company or the right holder who licensed the Operating Company to use them. The members shall not perform any act of copying, transferring, lending, translation, modification, reprinting, public transmission (including making transmittable), transmission, distribution, publication, or use in business etc. without prior consent with respect to the entries for the Service.
4. It is the personal responsibility of the member to close pay attention not to include patient’s private information in unforeseeable locations of the posted or edited information such as sentences, images, videos (moving images), etc., and to delete the information that identifies a specific individual.
Article 13 Website Access
Connection to the website to receive this Service shall be done at the member's own expense. The Operating Company is not responsible for any internet interruption or slow connection when accessing the site.
Article 14 Temporary Suspension of Service
In the event of any of the following circumstances, the Operating Company reserves the right to temporarily suspend use of the Service by the user without prior notice to the member. The Operating Company shall not assume any responsibility for damages caused by interruption of this service:
1) when the Operating Company conducts inspections or maintenance of the computer systems relating to the Service
2) when the operation of the Service becomes unavailable due to fire or power failure
3) when the operation of the Service becomes unavailable due to natural disaster, or any other event of force majeure such as insurgency or war.
4) when for any other reason the Operating Company determines that such discontinuation of the Service is necessary.
Article 15 Change and Service Change or Termination
Members agree that the Operating Company reserves the right to make any changes in the Service without prior notice to the members, and the Operating Company shall not take any responsibility for any disadvantages or damages incurred by the member. The Operating Company reserves the right to discontinue or terminate the Service after a period of at least 10 days advance notice.
Discontinuation or termination of the Service shall be announced on the Service. In the case of discontinuation or termination of the Service after this procedure, in no event shall the Operating Company be liable for damages of any kind to members.
Article 16 Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan. Any and all disputes arising out of, or in connection with the use of the Service shall be submitted to the exclusive jurisdiction of the Osaka District Court in the first instance.
Article 17 Effect of these Terms and Conditions
These Terms became effective August 1, 2015, and have priority over the previous terms. By using this Service, members are deemed to have accepted and agreed with the revision of these Terms.
However, when concluding an individual contract, the individual contract shall be given priority.
Service commenced on August 1, 2013.
Revised on December 1, 2016.
Revised on June 15, 2017.
Revised on April 2, 2018