Terms of Use/Privacy Notice for MyAsthma v3.1

By joining MyAsthma, you accept the Terms of Use and acknowledge you have read the Privacy Notice.

You should read the full Terms of Use and Privacy Notice, which govern your use of MyAsthma. If you consent to GSK processing your personal health information or using that information for further research into the understanding and improvement of asthma management and for improvement of the app, please indicate your consent when asked.

We provide answers to some key questions relating to MyAsthma below. Please see the Privacy Notice for more information.

Who is MyAsthma for? It is intended for individuals living with asthma and/or their carers.

What does it do? MyAsthma is designed to help you get a better understanding of your asthma by providing environmental and lifestyle information that may be relevant to your condition together with data indicating the status of your asthma. You have the ability to check and track your asthma control by using the Asthma Control Test (ACT) within the app, and you can export information from the app to share with your healthcare professional if you chose to do so.

What doesn’t it do? MyAsthma does not provide medical advice and does not take the place of your doctor or other healthcare specialist. MyAsthma is not intended to diagnose or treat asthma or give advice on medicines.

Does GSK guarantee MyAsthma will work for me? To function correctly, MyAsthma uses data input by you and environmental data obtained by GSK from third party sources. GSK does not accept responsibility for ensuring the completeness, accuracy or continual availability of such data. GSK provides the app AS IS and does not guarantee it is suitable for any one individual. You should not rely solely on the MyAsthma app and you are advised to keep your reliever medication with you even in circumstances in which MyAsthma indicates that it might not be needed.

Does MyAsthma store my personal information? Yes. Information you enter into MyAsthma is stored by GSK.

How is the personal information used? MyAsthma uses the information you enter into the app to enable the app to function and to provide you with information necessary to enable the proper and safe use of the app.

Will my personal information be used for any other purpose? GSK may also use personal information collected from you for further research into the understanding and improvement of asthma management and for improvement of the App, if you choose to consent to this when asked. This information includes height, weight, sex, potential asthma triggers, activity, your asthma symptoms, activity and sleep data (if you chose to synchronize/input). Personal information you provide will be combined with information from other users for analysis by GSK researchers and its research partners. The findings from this research may be disclosed in scientific publications and/or used by GSK in its interactions with healthcare professionals and members of the public.

Does GSK do anything else with my information? The information collected by MyAsthma will not be shared with third parties for any other purpose or used by GSK for any other purpose.

Is my data secure? GSK will take appropriate legal, organizational, and technical measures to protect information you enter into the app consistent with applicable privacy and data security laws. GSK has designed MyAsthma to encrypt information before sending and storing it. Please note that no technology is completely secure and GSK cannot guarantee the security of data you enter into the app accessible by your phone or the security of data transmission by your cell phone provider.

Fair use of MyAsthma – Please read our Terms of Use which set out certain restrictions on use of the app in order to protect GSK’s intellectual property rights and ensure proper use of the app.

TERMS OF USE

The following Terms of Use apply to your use of the MyAsthma application v3.0 (the “App”) which is made available by GlaxoSmithKline Services Unlimited (“GSK”, “we” or “us”), subject also to any rules or policies applied by any app store provider or operator from whose site you downloaded the App.

We do not sell the App to you. We remain the owners of the App at all times. Clicking the “Join” button constitutes your agreement to adhere to these Terms of Use. If you do not agree, you will not be able to access the application. Please select cancel to exit the App if you do not agree.

These Terms of Use also apply to any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply.
GSK may occasionally update these Terms of Use. We encourage you to periodically review these terms of use. Your continued use of the App constitutes your agreement to any updated terms of use without additional notice of updates provided by GSK.

Compliance with the Medical Devices Directive (93/42/EEC)

GSK confirms that the App is designed and manufactured to comply with the relevant Essential Requirements set out in the Medical Devices Directive (93/42/EEC). The App is a Class I medical device and is CE marked according to the Medical Devices Directive (93/42/EEC) to permit use within the EU.

Disclaimer

The App has been developed to provide information to asthma sufferers and/or their caregivers to support their understanding of their condition, and to share information entered by asthma sufferers into the App with asthma researchers, including GSK (including your health information, if you consent to this when asked). The App is not designed or intended to diagnose or treat asthma or any other medical condition, and is not intended to provide medical advice. The App does not and is not intended to replace the advice of your doctor. Always get medical advice from your doctor.

To the maximum extent permitted by applicable law, GSK accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this App; nor will GSK be liable for any impact to your hardware or damage to or loss of data as a consequence of your downloading or using of this App. You acknowledge that the App, which is supplied for domestic and private use, has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

EXCEPT TO THE EXTENT THAT SUCH TERMS MAY NOT BE EXCLUDED BY LAW, THIS APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE APP IS PROVIDED “AS AVAILABLE” WITHOUT WARRANTY THAT THE USE OF THE APP WILL BE UNINTERRUPTED, TIMELY OR SECURE.

Access and Service Fees

To access and use the App as intended, you may need to access the Internet through devices that access Internet-based content and pay any service fees associated with such access.

TERMS OF USE

1. Reporting of Side Effects

1.1 The App is not intended to be used for the reporting of side effects. If you have a side effect to report for any GlaxoSmithKline product including any issue with the App, please contact us on 0800 221 441.

1.2 If you have a side effect to report for a product manufactured by another manufacturer, you should contact the manufacturer of that product – relevant contact details should be found on the Summary of Product Characteristics.

1.3 Information about adverse reactions to medicines, adverse incidents with medical devices and reporting forms can be found at www.yellowcard.mhra.gov.uk.

2. Third Party Websites and Content

2.1 The App may provide links to, or embed, third party websites. This Agreement does not apply to those websites. If you choose to enter such a linked site, you agree that GSK is not responsible and shall not be liable, directly or indirectly, for:

  • how these websites treat your personal information;
  • the availability or content of such websites; and
  • the use that others make of these websites.

2.2 The App makes use under licence of weather and pollen observations and forecast data provided by AccuWeather International, Inc. ACCUWEATHER, AccuWeather.com and the AccuWeather logo are trade marks of AccuWeather International, Inc.

2.3 The App makes use under licence of pollen forecast data provided by MeteoVista BV. MeteoVista and the MeteoVista logo are trade marks of MeteoVista BV.

3. Licence Grant

Subject to these terms of use, GSK grants you a limited, non-exclusive, non-transferrable licence to access and use the App.

4. Acceptable Use Restrictions

The App is intended for use by persons aged twelve years or older. By using the App, you certify that you are over the age of twelve years.

If you are using the App on behalf of someone else, you must ensure that the person in question, or in the case of a person under the age of 18 years someone with parental responsibility for that person, understands these Terms of Use and understands that their personal information may be collected by the App and used as described in the Privacy Notice. You must also indicate whether the person in question or, in the case of a person under the age of 18 years someone with parental responsibility for that person, consents to the processing of their health information when asked.

You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify or transfer the App. You may not download the App in violation of any applicable laws or regulations.

You agree not to use the App in an unlawful manner, for an unlawful purpose, or in a manner inconsistent with these terms of use, or act fraudulently or maliciously, for example by hacking into or inserting malicious viruses, or harmful data, in the App or any operating system. You also agree not to infringe GSK’s intellectual property rights or those of any third party in relation to your use of the App, to not use the App in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, and not collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the App. You also agree to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

5. Intellectual Property Rights

The copyright in all material contained on, in, or available through the App (excluding third party websites), including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to the GSK group of companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without GSK’s express permission.

You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of these terms of use.

You acknowledge that you have no right to have access to the App in source-code form.

MYASTHMA and the MyAsthma logo are trade marks of the GSK group of companies.

6. Support

GSK does not maintain an obligation to provide technical support or maintenance for the App.

For the App to continue functioning as intended it must be updated regularly. GSK reserves the right to stop supporting earlier versions and/or prevent earlier versions from functioning with further notice.

7. Termination

These terms of use are effective until terminated by you or GSK which may occur at any time. Upon termination, the App must not be used and all copies must be permanently uninstalled.

8. Governing Law and Jurisdiction

These terms of use and the contents of the App shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction.

PRIVACY NOTICE

GlaxoSmithKline (GSK or we or us) value your privacy and care about the way in which your personal information is treated. We want you to understand:

  • what personal information we collect about you;
  • how we obtain your personal information;
  • how we use your personal information;
  • on what basis we use your personal information;
  • how long we keep your personal information;
  • who we share your personal information with;
  • which countries we transfer your personal information to;
  • how we protect your personal information; and
  • your rights regarding your personal information.

Before you enter any information into the App, you should be aware of how it will be used. By providing personal information, you acknowledge that this information will be processed by GSK with others as described below.

If you have any questions, feel free to get in touch via one of the methods set out in the ‘Contact Us’ section below.

Data controller

GlaxoSmithKline Services Unlimited (“GSK”) is the controller of your personal information collected through the App.

What personal information do we collect about you?

The personal information that we process includes:

  • your basic information (name, prefix or title, gender, age and date of birth);
  • contact information, including your email address;
  • health-related information, such as height, weight, sex, potential asthma triggers, activity, your asthma symptoms, activity and sleep data (if you chose to synchronise/input), where you have consented to this below; and
  • technical information, such as information about the device you use to interact with us (including the unique device identifier, hardware model, operating system and version, and mobile network information).

Information you enter into this App will be collected and stored by GSK. GSK will take appropriate legal, organizational, and technical measures to protect your personal information consistent with applicable privacy and data security laws. When GSK uses a third-party service provider, they are carefully selected and required to use appropriate measures to protect the confidentiality and security of personal information.

How do we use your personal information?

Your information will be used in to order provide you with access to the App and to send you notifications you have requested by email and/or through the App.

Information related to your device, its operating system and the App will be gathered periodically to facilitate the distribution of software updates and other communications related to the App (if any). GSK may use this information, combined with other collected personal information, such as your email address, for continuous improvement of the App and to contact you in the event that we need to advise you to update or stop using the App for safety or similar reasons.

Where you have consented in the “Consent” section below, GSK will:

  • also use information collected from you (where you or the person to whom the information relates is aged 18 or over) relating to your health for further research into the understanding and improvement of asthma management and for improvement of the App. We will never use your name, e-mail address or any location where you used the App for these further research purposes.
  • combine your health information with information from other users for analysis by GSK researchers and its research partners.
  • disclose the findings from this research in scientific publications and/or use these findings in GSK’s interactions with healthcare professionals and members of the public. The information collected by the App will not be shared with third parties for any other purpose or used by GSK for any other purpose.

On what basis do we use your personal information?

We use your personal information on the following basis:

  • to comply with legal and regulatory obligations;
  • for legitimate business purposes. Using your personal information helps us to operate and improve the App and minimise any disruption. It also allows us to make our communications with you more relevant and personalised to you, and to make your experience of the App more efficient and effective;
  • for the establishment, exercise or defence of legal claims or proceedings; and
  • in the case of your health information, because you have given us your consent to use that information for the purposes set out above.

How do we obtain your personal information?

We collect your personal information:

  • while monitoring your use of the App; and
  • where you input information in your user profile to use the App’s functions.

With whom do we share your personal information?

GSK shares certain of your personal information collected by the App with:

  • members of the GSK group of companies;
  • carefully selected third party suppliers, subcontractors or agents who provide services to GSK;
  • GSK’s research partners, scientific publications and healthcare professionals;
  • local or foreign government authorities, regulators, law enforcement authorities, courts and tribunals;
  • parties in relevant legal proceedings as authorized by the presiding court or tribunal and otherwise to the extent required or explicitly authorized by applicable law; and
  • third parties in connection with a substantial corporate transaction, such as the sale of a product line or division, a merger, consolidation, asset sale or in the unlikely event of bankruptcy or insolvency.

Transfers of your personal information outside of your home country

Your personal information may be transferred to, stored and processed by GSK, its affiliated companies and GSK’s selected third party suppliers in your country of residence or any other country in which GSK (including its affiliates), subcontractors or agents maintain facilities, including the United States and countries outside the European Economic Area (EEA). This means that your information may be processed in countries with lower data protection standards than your country of residence. We will implement appropriate measures to ensure that if information is transferred outside your country of residence, it will still be treated in accordance with this Privacy Notice. These measures include data transfer agreements implementing standard data protection clauses, or GSK’s Binding Corporate Rules. You can find more information about data transfer agreements here, and more information about GSK’s Binding Corporate Rules here.

Protecting your personal information

Unfortunately, the transmission of information via the Internet or a mobile phone network connection is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of the personal information you transmit to the App: any transmission is at your own risk. While we cannot guarantee that loss, misuse or alteration to data will not occur, once we have received your personal information, we will employ appropriate technical security measures to prevent such unfortunate occurrences.

How long will we keep your personal information?

Information you have provided to GSK through use of the App will be retained by GSK for the uses provided in the Terms of Use unless you specifically request in writing that GSK cease use of all information previously provided. Such requests should be sent to customercontactuk@gsk.com.

We will only keep your personal information for the period required to do so to comply with applicable law or regulation.

Further, we keep your personal information for as long as it is necessary and relevant for our operations. Personal information about you that is no longer necessary and relevant for our operations will be de-identified and/or disposed of securely, this includes personal information from accounts that remain inactive for a period of 12 months. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce our terms and conditions and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy StatementNotice.

Your rights

You may be entitled to:

  • ask GSK about the processing of your personal information, including to be provided with a copy of your personal information;
  • request the correction and/or deletion of your personal information;
  • request the restriction of the processing of your personal information, or object to that processing;
  • withdraw your consent to the processing of your personal information (where GSK is processing your personal information based on your consent);
  • request receipt or transmission to another organisation, in a machine-readable form, of the personal information that you have provided to GSK; and
  • complain to your local supervisory authority, or to a court of law, if your privacy rights are violated, or if you have suffered as a result of unlawful processing of your personal information.

Where you are given the option to share your personal information with us, you can always choose not to do so.

If you would like to be removed from MyAsthma, please use the delete account function which is found in Settings.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see ‘how do we use your personal information?’) or that you may not be able to make use of the services and products offered by us.

Please note that even after you have chosen to withdraw your consent GSK may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with our legal and regulatory obligations in connection with medical devices regulation.

If you would like to exercise your rights with regards to your personal information, or withdraw your consent to use of your health information, please let us know by sending a request to consumercontactuk@gsk.com.

Contact us

If you have questions or requests about the processing of your personal information, or need additional information, you can contact GSK’s Data Protection Officer at EU.DPO@GSK.com.