Terms & Conditions for registration

TERMS OF USE

You hereby confirm that you are a licensed HCP (healthcare professional) and you understand that Rhythm Pharmaceuticals, Inc. (“Rhythm”) is sponsoring the Rare Obesity Advanced Diagnosis Gene Panel (the “Program”) under which genetic testing (the “Genetic Test”) may be requested by qualified healthcare professionals to help identify the presence of the disease in their patients.

Unilabs A/S of Nygaardsvej 32, DK-2100 Copenhagen O, Denmark and its affiliated companies (“Unilabs”) have created this website (the “Website”) to facilitate the implementation of the Program. ​

By using this Website you are agreeing to its Terms of Use.

  1. Purpose of the Website

The purpose of this Website is to provide relevant information, as well as to allow the user to order Genetic Test kits, book a sample pick-up and view Genetic Test results. The Website is not intended to provide medical advice or to be a substitute for medical advice, diagnosis, or treatment. The clinical information contained within this Website is intended to be used by licensed healthcare professionals. Healthcare professionals must exercise their independent clinical judgment when using or relying on the content of this Website.

The Website may only be used in accordance with its purpose and in compliance with any applicable legal or regulatory provisions. Any use of the Website that could damage or overburden it, interfere with its proper working, impair its use, or interfere with the use made of it by other users is strictly prohibited. You also agree not to upload or otherwise introduce onto the Website any material that infringes the rights of any third party.

The Website is a non-promotional tool. It does not take effect and is not intended to take effect as an incentive or reward for a person’s past, present or future willingness to prescribe, administer, recommend (including formulary recommendations), purchase, pay for, reimburse, authorize, approve or supply any product or service or as an incentive to grant an interview for any sales or marketing purposes.

  1. Registration on the Website

You will have to create an account to use this Website. When creating an account, you will have to:

  • provide us with correct complete, and up to date information.
  • keep any username and password secure; these are strictly personal, and you will be responsible for their misuse; and
  • authorize us to assume that anyone using this Website with your username and password is either you or someone who is authorised to act on your behalf.

It is inferred from the above that the user of this Website sending communications and information to the Website is responsible for such communications and information and guarantees their truthfulness and accuracy.

When creating an account and using the Website, your personal data shall be processed in accordance with the Privacy Policy.

 

  1. Obligations of the users of the Website

You may not:

  • disrupt or interfere with this Website, its servers or any other software, hardware and equipment connected to or via this Website (including, for example, through the introduction of computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software) or misuse the Website (including, for example, by hacking it);
  • breach any legislation applicable to the Website; or
  • post or transmit to or from the Website any information or material
    • which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, or which breaches any obligation of confidentiality or applicable laws relating to the processing of personal data; or
    • for which you have not obtained the necessary consents or authorizations.

You may not collect or process personal data without complying with the law(s) applicable to the collection or processing of such data. For example, you will have obtained the appropriate consent of any patient whose personal data are communicated by you via the Website.

Unilabs shall cooperate fully with any administrative or judicial authority which requests information relating to any person who uses this Website.

  1. Availability of the Website

You acknowledge that:

  • it is technically impossible to guarantee that the Website is free of all defects.
  • defects may lead to the temporary or permanent unavailability of the Website; and
  • the functioning of the Website may be affected by events beyond our control, such as, for example, transmission and communication issues.
  1. Intellectual Property Rights

The Website and all intellectual property rights associated therewith, such as copyrights, rights in computer programs, patents, trademarks, sui generis rights relating to databases, designs, logos, know-how and all other intellectual property rights (whether registered or not) contained in this Website are protected by the current laws on intellectual property and are property of their respective owners.

The Website, its contents or any other part thereof cannot be reproduced, used or transferred without the prior written consent of Unilabs, or, if the rights over the said parts are held by third parties, the consent of their respective owners.

You shall not copy, reproduce, modify, translate, adapt, republish, upload, modify, alter, transmit, or distribute any element or component of the Website in any manner whatsoever, in any medium whatsoever, in part or in whole, without prior written consent of Unilabs, or, if the rights over the said elements are held by third parties, the consent of their respective owners. You shall not decompile, reverse engineer, disassemble the Website or disable a feature that could limit the use of the Website. You shall not rent or sublicense, lease, loan, sell, or distribute the Website and any intellectual property rights contained in the Website, or create derivative works of the Website or any part thereof without the prior written consent of Unilabs.

  1. End of use of the Website

Unilabs reserves the right to no longer allow you access to the Website. In this case, you will be informed via your account on the Website three months in advance.

You may cancel your registration with this Website at any time by contacting Unilabs Customer Service, email address can be found in the footer of all pages of the website.  As soon as you have received a confirmation from Unilabs you will no longer have access the Website and Unilabs may terminate your registration if you do not visit the Website for a certain period of time. Unilabs shall give you one month’s notice and an opportunity to respond if you wish to continue to be registered as a user of the Website. After the expiration of this one-month period, access to the Website may be withdrawn.

If Unilabs becomes aware that you have violated any provision of these Terms of Use or any applicable law or regulation, Unilabs may immediately take any corrective action it deems appropriate, including, for example, preventing you from continuing to use the Website and removing any information, data or content placed on the Website by you, at any time and without notice.

Notwithstanding the cancellation or termination of your registration, Unilabs may delete certain information about you immediately at your request provided that the conditions of the GDPR or of any applicable data protection laws are met.

  1. Disclaimer

Unilabs and Rhythm have no control over, and makes no representations or warranties, express or implied, regarding your use of the Website or the use or interpretation of any content or information presented by, stored on, generated by or received through the Website.

In using the Website, you agree that neither Unilabs nor Rhythm is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented through, stored on, generated by or received through the Website.

The Website is provided on an “as is” and “as available” basis without any express warranties of any kind.

Unilabs and Rhythm disclaim and exclude all liability and warranties, express or implied, in law or contract related to, without limitation, merchantability, fitness for a particular purpose and non-infringement of the Website. Unilabs and Rhythm do not warrant that the Website shall meet your requirements in any respect or be always available, or that the operation of the Website shall be uninterrupted or error-free. You acknowledge that the provisions of this article are a material inducement and consideration to Unilabs to provide you with access to this Website.

Unilabs and Rhythm do not guarantee that the Website is free of bugs, defects, errors, or inaccuracies, that it does not contain viruses or other elements that could damage your computer or your mobile device, or that it is compatible with any hardware or software versions or applications, including any specific versions of your device, or its specific operating system. Consequently, to the extent permitted by law, Unilabs and Rhythm disclaim any liability:

  • for any damage resulting from fraudulent intrusion by a third-party leading to a modification of the information or materials available on the website.
  • for any damage, direct or indirect, special, consequential or incidental, regardless of its cause, origin, nature or consequences, even though Unilabs and Rhythm have been aware of the possibility of such damages caused as a result of (i) access or the inability to access the Website, (ii) the use of the Website, including any damage or virus that may infect your computer, your mobile device or other property, and/or (iii) credit given to any information provided directly or indirectly by the Website.

You agree to indemnify, defend and hold harmless Unilabs and Rhythm, their affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use to the fullest extent allowed by law.

  1. Changes to these Terms of Use

From time to time, these Terms of Use may change. Any changes to these Terms of Use will be effective immediately upon posting of the revised terms. You agree to review these Terms of Use periodically, and your use of this Website following any such change constitutes your agreement to follow and be bound by the revised Terms of Used.

  1. Applicable law and jurisdiction

The Website, its contents and this Agreement are governed by the Laws of Kingdom of Denmark and except as otherwise specified below, any dispute or claim related thereto will be submitted to the exclusive jurisdiction of the courts of Kingdom of Denmark.

 

 

Privacy policy

Rhythm Pharmaceuticals, Inc. (“Rhythm”) is sponsoring the Rare Obesity Advanced Diagnosis Gene Panel (the “Program”) under which genetic testing (the “Genetic Test”) may be requested by qualified healthcare professionals to help identify the presence of the disease in their patients.

Unilabs processes personal data which you enter on this Website to create your account so that you may utilize the Program for your patients by ordering Genetic Test kits, register patient and scheduling sample pick-ups, and viewing any Genetic Test results.​

Under data protection law, Rhythm is controller in relation to personal data which Unilabs processes in the context of the Program. Unilabs acts as a data processor. Unilabs is contractually obliged to comply with privacy standards as a data processor in accordance with data protection law.

Rhythm has its registered offices in 222 Berkeley Street, Boston, MA 02116, USA, and acts as data controller according to the EU Regulation 2016/679 (“GDPR”).

  1. Personal data processed

Unilabs and Rhythm shall collect and process the following personal data about you:

  • Information that you provide via the Website, including, for example, your first and last names, contact details (such as private and professional addresses telephone number and e-mail address)
  • Professional details such as your place of practice, job title, medical field in which you are active, etc.;
  • Additional information about you provided to us by the institution for which you work.
  • If you contact us, we may record data relating to that correspondence; and
  • Details of your visit to the Website, the materials and information you have accessed, the fact that you ordered a Genetic Test (kit), booked a sample pick-up, reviewed and/or received a Genetic Test results’ report and pseudonymized results.

Your personal data will be used by the relevant services within Rhythm as well by third-party service providers appointed by Rhythm (including but not limited to Unilabs).

  1. Purposes of the processing

We may use your personal data for the following purposes:

  • To provide you with access to this Website and its functionalities including your requests to be provided with Genetic Test kits, register patient and to book a sample pickup and to view the Genetic Test results.
  • To facilitate contact between you and Rhythm or Unilabs, including to ensure that the content on the Website is presented to you in the most effective manner possible.
  • To provide you with information that you have requested via the website.
  • To inform you of changes to the Website (and the Terms of Use) and to ensure the accuracy and relevance of such data.
  • To identify and analyse the proper use of the Website and the nature of visits to the Website.

You acknowledge that the processing of your personal data is necessary for the performance of a contract (the Terms of Use) to which you are party.

  1. Duration of the storage of your personal data

Your personal data shall be for the time necessary for the above-mentioned purposes and in accordance with the legal obligations applicable to Rhythm.

  1. Security of personal data

Rhythm and Unilabs take - and require all service providers and third parties providing services to them to take - appropriate technical and organisational measures to protect your personal data from accidental or unlawful destruction, accidental loss, misuse, unauthorised access, disclosure, alteration, or destruction, as well as from any other unlawful form of information processing under the applicable laws.

  1. Your rights

You have the following rights:

  • The right of access to your personal data.
  • The right to obtain the rectification of personal data concerning you that are inaccurate (or, where appropriate, taking into account the purposes of the processing, the right to obtain that any incomplete personal data be completed).
  • The right to the erasure of your personal data when (i) the data are no longer necessary for the purposes for which they were collected or processed, (ii) you have withdrawn your consent to the processing of your data and there is no other legal basis for processing the data (iii) you meet the requirements of the GDPR to object to the processing on grounds relating to your personal situation, (iv) the personal data have been unlawfully processed or where (v) the personal data must be erased in order to comply with a legal obligation under EU or Member State law.
  • The right to the restriction of processed personal data where (i) the accuracy of the data is contested by you, for a period of time allowing Rhythm to verify the accuracy of the data, (ii) the processing is unlawful and you object to its complete erasure, (iii) Rhythm no longer needs the data for the purposes of the envisaged processing, but the data is still necessary for the establishment, exercise or defense of legal claims or when (iv) you have objected to the processing, during the verification as to whether the legitimate reasons pursued by Rhythm prevail over those of the user.
  • The right to object to the processing of your personal data on grounds relating to your particular situation, unless Rhythm can demonstrate compelling legitimate grounds for the processing which override your interests and rights and freedoms, or for the establishment, exercise or defense of legal claims.
  • The right to object to the processing of your personal data for direct marketing purposes.
  • The right to receive your personal data in a structured, commonly used and machine-readable format and the right to have such data transmitted directly to another controller where technically possible ("right to data portability").

You may exercise the above rights by contacting the following address privacy@rhythmtx.com.

If your requests are manifestly unfounded or excessive (for example, because of their repetitive nature), Rhythm may (i) demand payment of reasonable costs which take into account the administrative costs incurred in providing the information, making the communications or taking the measures requested by you or (ii) refuse to comply with these requests.

You also have the right, if you consider it appropriate, to lodge a complaint with a competent supervisory authority. You will find the list of supervisory authorities in the EU at the following link: Our Members | European Data Protection Board (europa.eu)

  1. Contact details

Rhythm has appointed a representative in the EU territory which can be contacted as follows: MyData-TRUST SA, Boulevard Initialis, 7 bt 3 –7000 Mons, Belgium, Rhythm.dpr@mydata-trust.info

Rhythm has also appointed a Data Protection Officer who can be contacted as follows: 222 Berkeley Street, Suite 1200, Boston, MA 02116. privacy@rhythmtx.com