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Quentry.com Privacy Policy
LAST UPDATED ON 07 April, 2016
Welcome to our website, www.quentry.com ("Quentry.com" or "the Site"). This notice describes Brainlab's privacy policy as it pertains to the services available at Quentry.com (the "Services"). By registering for the Services, using the Services or visiting the Site, you acknowledge and accept this Privacy Policy. This Policy is applicable to all Quentry users and visitors worldwide, including users in the United States and the European Union. This Privacy Policy together with the Terms of Use govern your use of the Site. To the extent this Privacy Policy differs between users in the European Union and the United States, we have indicated such differences below.
Who we are:
Quentry.com is owned and operated by Brainlab AG ("Brainlab"). Brainlab is based in Germany and is accountable for the Services within the sense of the German Telemedia Act (Telemediengesetz, TMG). This Privacy Policy applies for the Site, but is not applicable for sites of other providers linked from this Site. Our corporate information is accessible online at: www.brainlab.com/arm/711/corporate-information/.
 
Contact Information for Data Protection enquiries and announcements on Data Breach
In case of any question concerning data security or for claiming data breaches please contact us at

legal@quentry.com.

Definition of "Personal Information" for Data Originating in the European Union
Personal information within the sense of the EU Data Protection Directive 95/46/EG and the German Federal Data Protection Act includes details related to personal or factual matters of a specified or specifiable natural person (data subject), such as your name, your address, your telephone number and your date of birth. References to "personally identifiable information" or "personal information" include "personal data".
What information we collect:
If you register for the Services, Brainlab will ask for and collect personally identifiable and other information about you and your business. We may collect personal information from you including, without limitation, non-public information about you that helps Brainlab identify you, such as first and last name, birth date, email address, business addresses, telephone number, and other non-public information. On the Site we provide an option for you to contact us (e.g. by using the online registration form). If you are asked to enter personal information (e.g. name, address, email address), any information you submit is given voluntarily and with your consent. Once you visit our Site, specific information will be stored anonymized in a protocol file. There will be an anonymized storage of e.g. the IP-address, operating system (e.g., Microsoft Windows, Mac OS), browser type (e.g., Firefox, Chrome, Internet Explorer, Safari) and browser settings, the date and time our Site has been accessed and from where our Site has been accessed and the domain name of your internet service provider. Brainlab collects the domain names and IP addresses of its visitors and users, along with usage statistics (see the Information about Google-Analytics within this policy). Brainlab will not combine this information with the personally identifiable and other information it collects. We use this anonymized information solely to improve the appearance, contents and functionality of the website.
Sharing and use of de-identified information originating in the United States
With the exception of encrypted Protected Health Information (PHI) as that term is defined in applicable U.S. federal, state and local statutes, regulations and rules relating to data privacy and security, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the privacy and security standards pursuant to the same, as amended, and the Health Information Technology for Economic and Clinical Health Act (HITECH Act) and regulations and guidance issued pursuant to the same, other types of information that are fully de-identified (stripped of any information that could be used to identify any person) may be used by Brainlab for any reason and shared freely with third parties in de-identified or aggregated form subject to HIPAA and other applicable regulations. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
PHI may be shared in compliance with HIPAA and HITECH.
Cookies
We also use cookies for statistical purposes. Cookies are files that are stored on the hard disk of your computer to assist navigation through the Site. They avoid having to enter required data each time you visit the Site. Cookies help us tailor the Site to meet your individual needs regarding language, preferred interests, etc. If you do not want cookies stored on your computer, simply switch off the cookies function on your web browser. Most browsers automatically accept cookies and provide options to reject cookies or to issue a warning before cookies are saved. Check your browser manual to see how this works in detail.
Google Analytics
This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the Site. The information generated by the cookie about your use of the Site will be transmitted to and stored by Google on servers in the United States. In case IP-anonymisation is activated on this Site, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there. The IP-anonymisation is active on this Site. Google will use this information on behalf of the operator of this Site for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators and providing them other services relating to Site activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated 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 Site. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser:http://tools.google.com/dlpage/gaoptout?hl=en

If Your Browser is not able to install the Google provided Add-On (e.g. Smartphone-users), you can refuse the use of cookies by Google by clicking on the following link (disable Google Analytics).
How Brainlab uses the information it collects:
We may use the information we collect: Any personal information transmitted to the Site is used solely for the stated purpose when the information was transferred and any of the above uses. The data will not be used for any other purpose without your express consent, provided, however, that Brainlab may disclose the information it collects about you to third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Quentry’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings).
How You can withdraw your consent
You can withdraw your consent at any time to prevent any future use of the data. For this purpose please contact us at legal@quentry.com.
Transfer and Sharing of Personal Information
Your personal information will be transferred to affiliated companies and service providers of Brainlab that have obligations to Brainlab, e.g. IT providers, to perform our contractual obligations. Some of these affiliate companies and service providers are located outside the EU/EEA (e.g. Switzerland, United States, Brazil, Israel, China, India, Japan, Malaysia, Dubai, Singapore, Australia). Should third parties come into contact with your personal information, we shall have made use of legal, technical and organizational measures and regular monitoring regarding such parties’ compliance with the relevant data protection regulations and with this Policy.
If you are in the European Union: Encrypted patient information will be stored exclusively in data centers within the European Union / European Economic Area. Encrypted personal information and personally identifiable information of users (master data), excluding patient data, may also be stored in data centers in the United States which are obliged on the basis of contractual agreements ensuring an adequate level of data protection in accordance with the EU Data Protection Directive 1995/46/EC and the German Federal Data Protection Act.
If you are in the United States: Encrypted patient information will be stored exclusively in data centers within the United States. Encrypted personal information may also be stored in data centers within the European Union / European Economic Area and the United States. Brainlab does not share personal information with third parties for their direct marketing purposes.
Processing of Personal Information on Behalf of Others
If you are in the European Union: As far as we and our service providers, which are bound by instructions, carry out inspections or maintenance of automated procedures or data processing systems and the possibility of access to personal information during such inspection and maintenance cannot be ruled out, the regulations of processing personal information on behalf of others with respect of the provisions of the EU Data Protection Directive 95/46/EG and the German Federal Data Protection Act apply accordingly.
If you need a data protection agreement pursuant to the provisions regarding processing personal information on behalf of others please note that such agreement is available under "Help" after logging-in.
 
Accountability for Special Categories of Personal Information / Patient Information
If you are in the European Union: Special categories of personal information in the meaning of the EU Data Protection Directive 95/46/EG and the German Federal Data Protection Act refer to information for example on health (e.g. patient information such as name, date of birth, gender, diagnoses, diagnostic imaging).
The user of the Services under Quentry.com is solely responsible for any patient information. The user is particularly solely accountable for providing legal admissibility for selecting, processing and using personal information with respect to the applicable data protection regulations. The user is further required to follow the rules and regulations of the applicable professional law. In particular, doctors and other health professionals as well as their assistants and trainees are bound to medical confidentiality. Therefore, the user being subject to the medical confidentiality is responsible for that personal information of patients, which is collected, processed and used under Quentry.com, is covered by the patient’s consent and release from medical confidentiality and is additionally be de-identified whenever possible and adequate. This written release from medical confidentiality has to refer to the processing of Protected Health Information (PHI) at Quentry.com, a web-based Service owned and operated by Brainlab AG, Germany on server instances of Amazon Web Services Inc., Ireland. It also has to comprise that for once a catastrophic event requires a data recovery and for necessary maintenance of the Service, PHI may be transferred to Brainlab AG’s subsidiary Voyant Health, Ltd., Israel. The European Commission approved by a decision of 31 January 2011, case K(2011) 332), that the State of Israel pursuant to Art. 25(2) of the Directive 95/46/EC is considered as providing an adequate level of protection for personal data transferred from the European Union in relation to automated international transfer of personal data from the European Union.

We do not monitor, examine, supervise or otherwise control any exchange of data between users, nor content of user data and patient information.

If you are in the United States: If you are in the United States, you are solely responsible for using the Services, related content, and the Site in a manner consistent with all applicable federal and state privacy laws relating to the use and disclosure of medical or health information, including but not limited to HIPAA and the HITECH Act and regulations and guidance issued pursuant to the same. By utilizing the Services, you represent and warrant that your use and/or disclosure of personal information, including protected health information (PHI), fully complies with all such applicable federal and state privacy laws and regulations and professional and medical practice laws and regulations governing health care providers and practitioners and their designees. You also are solely responsible for obtaining all appropriate consents or authorizations, as necessary, from patients whose personal information will be used or disclosed on the Site or in connection with the Services or taking appropriate steps to de-identify PHI consistent with HIPAA and HITECH. By uploading content, using the Site, and/or in any way using the Services or other features available to you on the Site or with the Services, you expressly certify compliance with all such requirements and your use is deemed your acceptance of this Policy and the Terms of Use. You also remain solely responsible for any medical or professional advice or opinions you provide on this Site and are solely responsible for any actions you take in reliance on advice or opinions you receive from other users on the Site.
You understand that nothing on this Site constitutes a recommendation for specific medical care by the Site or Brainlab, nor do we make any warranty or representation of any kind as to the accuracy or appropriateness of recommendations or advice you receive from other users of the Services or the Site. We assume no liability for any diagnosis, treatment decision, or action taken based on information found on the Site or any other Site linked to it and assume no responsibility for any consequences related directly or indirectly to any action or inaction you take based upon the information, material, advise or recommendations obtained on this Site.
Data Security
We have taken required, where applicable, or reasonable technical and operational precautions in order to protect personal information stored with us from unauthorized access, misuse or loss. Our security procedures are monitored regularly and updated in line with technological progress. Patient information collected, processed and used by the user will be encrypted immediately upon upload. The uploaded patient information is stored encrypted.
No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Brainlab to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, neither Brainlab nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
Communications with You in the United States
If You are in the United States: You authorize Brainlab to transmit email to you or telephone You to respond to your communications, and provide information to you about new developments, features, services, special events, inquiries, or the Site.
Please note that unsubscribe requests may take up to ten (10) days to become effective. You may not opt out of receiving communications regarding your dealings with the Site or technical information about the Site.
Changes to this Privacy Policy
We may from time-to-time amend, modify or otherwise improve this Privacy Policy, and the date of last revision will be available at the top of this page.
However, we will not materially change this Privacy Policy to be less protective of personally identifiable information collected in the past without your consent. We will notify registered users and ask for their acceptance prior to implementing any such changes. If a registered user does not accept such changes, his/her membership will terminate in accordance with section 9.3 of the Terms of Use.
How to contact us:
In the event of queries please contact us at legal@quentry.com. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to the Site or Brainlab.