Disclaimers

Description of Services

The Services are limited to and comprised of the downloadable iPhone or Android smartphone application Derma Analytics (DermA). The Services are provided to you as the patient as follows:

  1. The user will register and receive an email validation for a DermA account

  2. The user will upload their own digital images to their account for review through DermA

  3. DermA will run an automatic analysis of the user’s uploaded images and provide a real-time recommendation on the next best course of action that includes continuous monitoring or a physical consultation with an associated clinician 

 

Our Services

  1. DermA does not constitute a medical device and does not provide any form of diagnosis, cure or treatment. By using DermA you accept the intended use and limitations. You hereby agree that you will only rely on DermA to the extent described below.

  2. DermA is only intended to complement and not substitute your existing skin self-examination. Our services are limited to facilitating your skin monitoring routine and to assist in highlighting the risk level of possible Melanoma based on the image(s) provided by you to us. As the patient, you are strongly advised to work closely with an associated physician on our digital platform to ensure that you are provided with the optimal solution to manage your condition.

  3. DermA and its related entities will not be held liable if you choose not to follow up with a physician after a positive assessment by DermA. We will, however, provide you with a list of our recommended dermatologists for your reference.

  4. DermA and its related entities will be held liable should you choose not to follow up with your physician after a positive assessment by DermA.

  5. We do not claim 100% accuracy on the score or recommendation provided. As the user or a potential patient, you have expressly acknowledged that any information provided to you by DermA and its associated entities will be used at your own discretion and risk. 

  6. You are responsible for ensuring images uploaded are of good quality e.g. using a smartphone with at least an eight (8) megapixel camera, ensuring good light, ensuring images are in focus and clear with minimal background noise. By any means, the sharing of accounts and images in one account at any other time is not allowed. Failure to do so will most likely compromise the analysis and outcome.

  7. DermA’s ability to provide recommendations effectively may be compromised when you upload images where lesions are obscured by large amounts of hair or where there is not a reasonable level of contrast between the colour of a lesion and your normal skin tone.

    DermA is not a substitute for a visit to a medical professional and you should not delay seeking medical advice when prompted.

  8. The Ultra-Violet Ray Index and its respective recommendations provided by DermA are sourced from a third-party services provider, AccuWeather. 

  9. Once you have created an account with DermA, you will not be able to delete it.

 

Data Protection and Privacy

We take your data protection and privacy very seriously and use several security procedures to protect your personal information and data from unauthorised access or disclosure and to ensure compliance with data protection standards.

  1. Our web servers have SSL certificates installed;

  2. All data (whether sensitive or not) transferred from you to us are encrypted by HTTPS;

  3. Account passwords are stored using one-way encryption and so cannot be retrieved or decrypted;

  4. All systems, both web servers and database servers, sit behind a firewall restricted to only necessary ports for running the Website and all sensitive areas of the Website and App (login and account sections) run over industry standard secure SSL-encrypted protocols to prevent interception and unwanted access to accounts;

  5. Your payment details will not be shared or held by us at any time, and we do not store them on our servers. All payment transactions processed through PayPal are subject to PayPal’s Terms of Use and in using this you agree to PayPal’s Terms of use at your own risk;

  6. DermA stores your digital images on Amazon Web Service (AWS) cloud servers with the data centre currently residing in Australia. We have taken steps to ensure that AWS itself has its own security protocols that they have to adhere to ensure that we offer the highest level of online security. We may also use the third-party service providers in future for additional data security reasons or to comply with local cybersecurity standards.

 

Use of your data

  1. By uploading your images to DermA, you expressly consent to the images being processed for the purposes of the provision of DermA’s services and to be used anonymously for the purposes of research and testing of the software.

  2. As such, you expressly acknowledge your images may be reviewed by our employees or third-party consultants engaged by us. All third-party service providers mentioned in this disclaimer are subject to similar privacy obligations as are contained in this disclaimer.

  3. If you do not want your images to be to be used anonymously for the purposes of research and testing of the software you must advise us in writing.

  4. You grant us a transferable, sub-licensable, royalty-free, worldwide, perpetual license to use anonymously any of the images and data that you upload to DermA for the purposes of medical, clinical and commercial research.

  5. We will retain and protect your personal information in the usual way during this period and you explicitly consent to your images continuing to be used anonymously for the purposes of medical, clinical and commercial research, and for testing and improvement of DermA.

  6. You agree that all images that have been analysed will be saved on our servers whether you choose to archive them or not; in respect of which you consent to their continued use, in anonymous form only, for the purposes of medical, clinical and commercial research, and for testing of DermA.

  7. Should you as the user choose not to submit any images regardless of its risk categorisation, Derma Analytics and its related entities will not be held liable for any subsequent developments.

 

Limitations on liability

All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly herein contained, applies to the product being DermA to which the guarantee relates, or any necessary part thereof.

 

Australian Consumer Law

DermA complies with the Australian Consumer Law. We provide the above information so that you can make an informed decision regarding the purchase and usage of DermA.