Chatbot Privacy Notice | Ask Alia

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Disclaimer:


The "alia Cardio” chatbot (Chatbot) is not a medical device. It is intended for informational and educational use only. 
The Chatbot, and the information generated by it, should not be used as a basis for any diagnosis, monitoring, management or treatment of diseases or any other medical condition. It is intended solely for personal and informational use. It is not intended to, and does not provide a means for users to self-diagnose any medical condition. 
Users of the Chatbot who have any health concerns or medical problems should consult with a qualified and licensed doctor or other licensed medical professional. Novartis does not guarantee the security of any information stored in this application or in your device or transmitted from the application. 


Terms of Use:

  1. The Chatbot is published by Novartis Pharma AG and its affiliate in Australia, Novartis Pharmaceuticals Australia Pty Limited (Novartis). 
  2.  By using this Chatbot, you are agreeing to these Terms of Use. You also acknowledge that you have read and understood the Disclaimer above. You must read and accept these Terms of Use, the Disclaimer and Privacy Notice, in order to use the Chatbot.
  3. The Chatbot is made available to you free of charge for use on your smartphone, or other mobile device (each, a Device) through the Facebook Messenger platform. However, you may be charged standard rates or fees by wireless or telephone carriers or other parties that are not connected to Novartis for the use of the Chatbot.
  4.  Different terms and conditions apply for the user of the Facebook Messenger platform and its related services. You must agree to and accept all of the terms and conditions or you may not have the right to use the Chatbot. 
  5. You may use the Chatbot, including any material, products or programs included in the Chatbot (Content), solely for your own non-commercial use, and provided that you comply with these Terms of Use and all copyright or other proprietary rights notices applicable to any Content that you download, display, print or otherwise use (such activities constituting Use). This is the only license or right that you receive with respect to the Chatbot and Content.
  6.  Except as otherwise mentioned, this Chatbot was developed by or for Novartis and is owned and protected under the copyright laws. Any unauthorised reproduction, adaptation, modification is not permitted.
  7. Novartis may update, modify, interrupt or discontinue any or all of the functionality of the Chatbot or the Content (including these Terms of Use) and make changes, corrections and/or improvements to the Chatbot or the Content (including these Terms of Use), at any time without notice to you. Novartis is not responsible for any costs, loss or damage that you incur as the result of any modification, interruption or discontinuance of any or all functionality of the Chatbot or the Content.
  8. When you Use the Chatbot and the Content, you are solely responsible for:
    •  ensuring that you are using the latest available version of the Chatbot;
    • any damage to your Device, and any loss or corruption of information that you store in the Device that results from the Use of the Chatbot or Content or the interaction of this Chatbot or Content with other applications or programs that you may download or use;
    • maintaining the physical security of your Device and integrity of your data; and
    • Novartis is not responsible for any costs, loss or damage that you incur as the result of your failure to meet any of these responsibilities.
  9. When you Use the Chatbot and the Content, you must not:
    • modify, edit, improve, resell, reverse engineer, change or otherwise interfere with the operation of the Chatbot in any way;
    • engage in systematic copying and widespread distribution of Content to the public; and
    • violate these Terms of Use.
  10. Except as provided in the Chatbot Privacy Notice (see below), any information or material that you transmit to Novartis from or about the Chatbot by electronic data transmission or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-proprietary to you. 
  11. Novartis may receive aggregate and anonymised information concerning use of the Chatbot and share this information internally and externally, including with healthcare professionals for educational purposes. Any information, with the exception of personal information (as that term is defined under the Privacy Act 1988 (Cth)) (Personal Information), that you transmit becomes the property of Novartis or its affiliates and may be used for any purpose, including reproduction, disclosure, transmission, publication, broadcast and posting. Novartis is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Novartis from or about the Chatbot for any purpose whatsoever including developing, manufacturing and marketing products. 
  12.  You hereby release and agree to hold harmless Novartis and its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort, whether direct, indirect, special, consequential or otherwise, whether arising in tort (including active, passive or imputed negligence), contract, warranty, strict liability, reliance or under any other theory, and whether or not Novartis has been advised of the possibility of such damages, in each case arising out of or related to your Use of the Chatbot and/or or the Content and from any use that Novartis makes of information that you transmit to Novartis from or about the Chatbot. 
  13.  Information in the Content is provided by Novartis for general information purposes only and does not provide medical information. Should you have a medical condition or need medical advice, promptly see your own medical doctor or health care provider. This Chatbot does not offer personalised medical diagnosis or patient-specific treatment advice.
  14. BOTH THE CHATBOT AND THE CONTENT ARE PROVIDED "AS IS." NOVARTIS EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT. NOVARTIS FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AVAILABILITY AND/OR PERFORMANCE OF THE CHATBOT OR CONTENT, OR THAT THE CHATBOT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR ITS OPERATING SYSTEM. NOVARTIS DOES NOT WARRANT THE SECURITY OR CONFIDENTIALITY OF ANY DATA STORED ON OR TRANSMITTED FROM THE DEVICE. 
  15. Certain legislation, including the Australian Consumer Law, may imply warranties, guarantees or conditions or impose obligations upon Novartis which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms of Use must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Novartis is able to do so, the liability of Novartis and its affiliates under those provisions will be limited, at its option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
  16. The collection and processing of Personal Information by the Chatbot is governed by the Chatbot Privacy Notice (see below). The Chatbot contains no cookies or other tracking devices except those necessary for the functioning of the Chatbot. Using the Chatbot constitutes consent to its use as described in the Terms of Use and in the Privacy Notice.
  17.  Your Use and these Terms of Use shall be governed, construed and interpreted in accordance with the laws of New South Wales, Australia. All disputes arising from or relating to your Use or these Terms of Use shall be brought in a court of competent jurisdiction in New South Wales, and the parties expressly consent to the jurisdiction of said court for any and all purposes related to your Use or these Terms of Use.
  18.  If any part or provision of these Terms of Use is found to be invalid, such invalidity shall not affect the enforceability or any other part or provision of these Terms of Use.

 

Privacy Notice:


Information collected

The information collected from you by the Chatbot may include a unique Facebook identifier code, your first and last names, location, your reminder preferences, your patient type, the topics in which you have expressed interest during the conversation with the Chatbot, the timestamp of your interactions and your acceptance of these Terms of Use and the Privacy Notice. Additionally, Novartis may record your conversation history, including any manually inputted text and responses to questions from the Chatbot, feedback ratings and comments you have made in the chat.

 

Purpose for collecting information 

Based on your consent, the above information will be used by Novartis for the purpose of providing the most relevant experience to you. Novartis will remember your selections to tailor answers, remember your preferences to send you appropriate reminders, provide location-specific resources over time and prompt you to take the test intermittently if you have chosen to be reminded. Novartis will also store the information you provide to ensure compliance with all adverse event and product testing complaint regulatory requirements.

The information will be stored in two formats:

  1. Information shared by Facebook with the Chatbot: 
    During your Chatbot interaction, Facebook will share with the Chatbot specific information related to your Facebook profile. This information will be stored in the Chatbot database and be used to personalise the chat. The information that Facebook shares is: a unique identifier code; your first name; your last name; and Facebook profile image. 
  2.  Information stored by Novartis: 
    Information related to inputs you make into the chat and the personal preferences you record will be stored in a database by agents acting on behalf of Novartis. The information that Novartis will record is: your requested reminder preferences; your conversation history; any manually inputted text; and conversation timestamp.

If a user submits any manually inputted text, that text will be automatically forwarded to appropriate Novartis contacts, which may be required by regulation to follow up either in Facebook Messenger, or through another communication channel, such as email - and only if the text contains an adverse event or a product testing complaint. In these instances, additional information about you must be stored until all appropriate communication has occurred, which may include mandatory reporting to regulatory agencies. 

Information will also include a Facebook created user identification, your name, a timestamp of the event, and all of the text that was inputted into the chat. This information will only be used in connection with the related event and will be encrypted and deleted once allowed by regulatory bodies. This information will be encrypted and stored in a dedicated document database and will only be accessed for the specific purpose of responding to, or otherwise resolving, an adverse event or product testing complaint.

Novartis will not access directly your Personal Information. It will only receive aggregated and anonymised information from third parties acting on its behalf, unless Novartis is required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding.

Anonymised information will be also processed in order to perform analytics related to the use of the Chatbot and for continuously updating and improving the Chatbot functionalities supporting the interaction with users and when replying to users requests and questions in view of providing a better and tailored service to the Chatbot users.



Disclosure to third parties 

Your Personal Information will be processed by third parties who act for or on Novartis’ behalf, in accordance with the purposes described in this notice. These third parties may be located in countries or territories that may not offer the same level of data protection as the country in which you reside. 

Where the processing of your Personal Information is delegated to such a third party, Novartis will ensure that such third party provides sufficient guarantees with respect to the technical and organisational security measures governing the processing of your Personal Information.

Novartis will not share your information with anyone who is not directly connected with this purpose.


Retention of information

Your Personal Information will be deleted automatically if you are not active within the Chatbot for 18 months. 

There may be cases when your Personal Information or part of it may be stored for a longer time period if Novartis is required to do so because of an applicable law, court order or governmental regulation or if such retention is otherwise necessary in support of any criminal or other legal investigation or proceeding.
 

Protection of information

Novartis has implemented appropriate technical and organisational measures to provide an adequate level of security and confidentiality to your Personal Information, taking into account the nature of the data and the risk of processing such data. 

The purpose is to protect it against accidental or unlawful destruction or alteration, accidental loss, unauthorised disclosure or access and against other unlawful forms of processing. Moreover, when handling your Personal Information, Novartis complies with the following obligations:

  • Novartis only collects and processes Personal Information, which is adequate, relevant and not excessive, as required to meet the above purposes.
  • Novartis ensures that your Personal Information remains up to date and accurate. For the latter, we may request you to confirm the Personal Information we hold about you. You are also invited to spontaneously inform us whenever there is a change in your personal circumstances so we can ensure your personal data is kept up-to-date.
     

Access rights and contact details

You may exercise the following rights under the conditions and within the limits set forth in the law:

  • the right to access your Personal Information as processed by us and, if you believe that any information relating to you is incorrect, obsolete or incomplete, to request its correction or updating; 
  •  the right to request the erasure of your Personal Information or the restriction thereof to specific categories of processing; 
  • the right to withdraw your consent at any time, without affecting the lawfulness of the processing before such withdrawal; 
  • the right to object, in whole or in part, to the processing of your Personal Information; 
  • the right to object to a channel of communication used for direct marketing purposes; and
  •  to the extent applicable the right to request its portability, i.e. that the Personal Information you have provided to us be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format without hindrance from us and subject to your confidentiality obligations.

If you wish to query the Personal Information that is held on you at any time, you can do so by selecting the menu item in the Facebook Messenger “Manage my data”. This will present you with the following options:

  • Request a log of the data held in relation to your user profile, using the menu item ‘Manage my Data’. The data will be presented to you via the chat interface on Facebook Messenger.
  • Request an instant deletion of your data. Following selection of the ‘Manage my Data’ item from the Chatbot menu, the chat interface will present you with the option to instantly delete your data. If you select this option, Novartis will automatically purge your user data from its databases within 48 hours of request. Please note that in some cases your conversation history will still be retained by Facebook in line with the Facebook platform user agreement.

If you have a question, if you are not satisfied with how Novartis processes your Personal Information, or if you want to exercise the above rights, please contact our Privacy Officer at Novartis Australia, 54 Waterloo Road Macquarie Park NSW 2113. Phone: 02 9805 3555 Email: [email protected]. 
 

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