1. SCOPE OF APPLICATION
1.1. The website www.notube.com and its webpages (hereinafter “Website”) are operated by NoTube GmbH, organized in Graz, Austria (hereinafter “NoTube”).
1.3. The Website may not be used by persons who are subject to the laws of a jurisdiction that prohibits the content of this Website or access to the Website on the basis of the User’s nationlity, place of residence, or other reasons.
1.4. The use of NoTube’s services is governed by NoTube’s General Terms and Conditions (GTC).
3. ACCESS AND AVAILABILITY
The User has no entitlement to access to this Website or the error-free technical availablity of the Website. NoTube may block or limit access to the Website at any time and without notice.
4.1. The contents of this Website (hereinafter “Contents”) serve solely to provide general information about NoTube and its services as well as general information concerning issues in connection with childhood eating disorders and tube feeding dependency and the dehabituation from such dependency in particular. The information contained on this Website concerning NoTube’s services does not represent an offer to Users. Prerequisites for the formation of an agreement with NoTube are registration, the unreserved acceptance of the GTC and the fulfillment of the admission criteria.
4.2. The User is explicitly advised that the Contents of this Website cannot in any way provide a substitute for the professional counselling, examination, or treatment by appropriate specialists, such as physicians or qualified medical personnel.
4.3. External Links: This Website contains links to the websites of third parties. These links merely serve to enhance the user friendliness of the Website and do not represent an endorsement of the Contents of any other website. As a general rule, NoTube cannot assume any responsibility for the website of a third party. Thus, the activiation of a link is performed at the User’s own risk. Any links to a third party from our site is not subject to our policy. Please refer to the privacy policies on each of these sites before entering any information about yourself.
4.4. Public areas: Any information that is posted within public areas like comments in our news section may be seen by third parties and is not controlled by NoTube.
5.1. Users who like to engage a service of NoTube have to register. For the engagement of services, separate general terms and conditions apply.
5.2. After registration, NoTube authorizes registered user with password and user-ID, to enter the interactive screen.
5.4. The information required for registration must be filled out completely, correctly, and truthfully, where necessary, with the assistance of the acting physician. Registration is only permitted for an adult concerning a child over which the customer has the right of custody (parental custody). Entering data on other children or registering a customer with foreign or otherwise inappropriate data is prohibited. With the submission of the registration information, Customers expressly confirm to NoTube that the registration information is complete, correct and true and that the Customer has custody (parental custody) of the registered tube feeding depedent child.
5.5. Information entered into your profile will not made public and available only to our experts in order to give the child the best as possible treatment.
Furthermore, on some pages the user can communicate with our team engage in online coaching or counseling services whereby the child’s health-related data will be collected for the coaching service purposes only. All data collected by the questionnaires in your personal area is integrated into a research program which has been set up to evaluate our work properly and correctly.
5.6. Deregistration: The deregistration is possible by sending an email to firstname.lastname@example.org containing the child’s first and last name, date of birth, and the de-registration request.
6.1. Website Contents are protected by trademark, patent, copyright and other rights for the protection of intellectual property and are the property of NoTube. The rights of third parties are reserved.
6.2. The User may only display, save, print, and copy the Contents for private use. The User may not alter the Contents, and all indications of copyright and trademark protection must remain in place. Any additional use of the Contents or portions thereof requires NoTube’s prior written consent. The following in particular are prohibited without NoTube’s prior written agreement:
a. any form of distribution, transfer, editing, and reproduction of the Contents or portions thereof for commercial purposes;
b. any form of publication of the Contents or portions thereof as well as any form of publication of derivative works that are substantially based on the Contents or portions thereof even for non-commercial purposes;
c. the linking of other websites with the Contents or of portions thereof.
6.3. Excluded from these provisions are marked images and text that are designated as media information. These may be used without the prior written permission of NoTube solely in direct connection with news coverage of NoTube. Such use is conditioned upon the express indication of the source of the material.
7. USER CONTRIBUTIONS
7.1. NoTube may permit the Contents of Users on the Website (hereinafter “Contribution”). The User is responsible for the Contents of his or her Contributions. Through the submission of a Contribution to NoTube, the User confirms that he or she has the right to disseminate the Contents of his or her Contribution and that the publication of his or her Contribution on the Website does not infringe the trademark, patent, copyright, or other rights for the protection of intellectual property of a third person. With submission of his or her Contribution, the User agrees to absolve NoTube of and indemnify NoTube against all claims that are brought by third parties in connection with the publication of his or her Contribution.
7.2. NoTube may refrain from publishing Contrbutions and remove published Contributions from the Website at any time without providing notice to the User and without providing any grounds. Tthe following forms of Contribution in particular will not be published:
a. those that violate legal provisions;
b. those that contain political, religious, or ideological statements;
c. those that contain statements that defame persons, ethnicities, institutions, organizations, or companies or that are otherwise liable to insult or provoke someone;
d. those that serve the advertisement, promotion, or production of private or commercial contacts;
e. those that contain personal data such as addresses, telephone numbers, or e-mail addresses of third persons.
7.3. Through the submission of a Contribution for publication on the website, the User grants NoTube the unlimited right to use his or her Contribution. NoTube may also publish the Contribution or portions thereof elsewhere at any time or use the Contribution in another manner.
8. EXCLUSION OF LIABILITY
8.1. NoTube assesses the Contents as to their accuracy and currency. Nevertheless, NoTube cannot guarantee the accuracy, validity, currency, or completeness of the Contents. The Contents cannot on any account subsititute for the personal counselling or treatment of a physician or qualified specialists. NoTube requires all Users to consult a physician immediately in the event of health-related problems. Additionally, the Contents are not suitable for making discrete diagnoses or chosing treatment methods. NoTube assumes neither direct nor indirect responsibility for harm, health-related disturbances or the death of persons that may arise through the use or misuse of the Contents.
8.2. NoTube disclaims any contractual or non-contractual liability for harm, health-related disturbances to the User or the death of persons resulting from use of the Contents. This exclusion of liability also applies for any bodies, representatives, employees, auxilliary personnel, and any other contractual partner of NoTube, including members of its team of therapists.
8.3. NoTube assumes neither substantive nor legal responsibility for the direct or indirect reference to foreign internet sites in the form of links. This applies both to links and references placed within the Website as well as to the postings of Users.
8.4. Additionally, NoTube cannot guarantee that the Website is free of viruses or other harmful components and assumes no liability for harms that occur to the User or third parties from such elements.
9.1. Log-Files: NoTube maintains log files which collect visitor information pertaining to a user’s visit on the NoTube website. These log files contain statistical data (user’s IP address, the date and time of the visit and others) used to analyze traffic patterns.
9.3. Analysis of user traffic: NoTube uses Google Analytics, Google Adwords, Facebook Pixel and HubSpot Marketing automation for analysis of website traffic, for improvement of the websites content and for the provision of customized information and advertisements (subject to modifications). Please find more information on these tools and on opt-out options under this link.
9.4. Data storage
Data storage on first contact: If you contact us by form on the website or by e-mail, the data you provide will be stored for the purpose of processing your inquiry and in the event of follow-up questions. We will not pass on this data without your consent.
Data storage for contract processing: When registering, users are asked for personal data about themselves and their families. These are email address, name of parents and child and address, selection of the desired program.
When a service is selected, credit card data is requested for payment via an external payment service.
In addition, the following data will also be stored by us for the purpose of medical consultation and/or treatment: Medical data and history of the child and family status, import logs, communication logs with the team. The data provided by you is necessary to fulfil the contract or to carry out pre-contractual measures.
9.5. Data transmission to third parties
All personal information provided by users (registration data, bank data, medical data) will be treated strictly confidential and will generally not be passed on to third parties, companies or users of the website, other persons or generally to other institutions without the express consent of the user.
- Transmission of credit card data to the processing bank institutions/payment service providers for the purpose of direct debiting.
- Transmission of accounting data to tax consultants in order to fulfil our tax obligations.
- Access to ticket system by IT service providers for the purpose of IT support in compliance with the highest confidentiality and data protection regulations.
Without the consent of the user, NoTube will disclose personal or confidential data only for the following reasons:
- By judicial or official order, e.g. ongoing court proceedings, a court order or a legal action against NoTube or the user.
- In case of imminent danger (massive health hazard to the child, potential cases of suicide or homicide).
9.6. Access to user data
9.7 Storage of user data
In the case of a contract conclusion all data from the contractual relationship are stored at least up to the expiration of the fiscal retention period (7 years), as well as up to the expiration of the legal documentation obligation for health professions (10 years).
9.8. Your rights
In principle, you have the rights to information, correction, deletion, restriction, data transferability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority. Please note that the deletion of user data on request can only take place after expiry of the legally prescribed deadlines.
You can contact us and our data protection officer using the following contact data: Notube GmbH, Kerschhoferweg 14, 8010 Graz. Email: email@example.com. Tel: 0043-316349950. Data Protection Officer at: firstname.lastname@example.org
10. CONCLUDING PROVISIONS