File Transfer Liability Disclaimer
All transfers of files containing any personal data, such as sensitive patient data, including x-ray images (regardless of the degree of identifiability, anonymization, pseudonymization or sanitization of such personal data) shall only be transferred to/from Us by using the secure File Transfer Protocol Site (“FTPS”) for the purposes of support and maintenance services provided by Us. By using this FTPS Site in transferring Your data securely to Us or Our subcontractors, You agree to the following terms and conditions:
When using this FTPS Site in transferring Your data to Us, You warrant to Us that You are authorized to do so, and You grant Us and Our subcontractors the right to process Your data in order to provide support to Your Systems, Software and Devices.
You shall always provide Us only the limited minimum amount of personal data that You deem necessary for the purposes of the support and maintenance service. When feasible, remove personal IDs and other identifying features from the data and pseudonymize the personal data. As the as the Support Provider, We reserve the right to issue instructions regarding the use of the FTPS Site, and You undertake to comply with such instructions as applicable and updated from time-to-time with all transfers of files to Us. The secure FTP site can be accessed with Your personal credentials only and are created upon Your request to the Support Provider.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall We or our employees, officers, Our subcontractors or other partners be liable for any general, direct, indirect, special, consequential or incidental damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or loss of data or any other loss or damage whatsoever) arising out of Our support service, even if We, Our employees or officers, subcontractors or other partners have been advised of the possibility of such damages. In any event Our entire liability under any provision of this agreement shall be limited to the amount in aggregate of fifty-thousand (50.000) euros.
LAW AND DISPUTES
This agreement shall be governed by the laws of Finland excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by one (1) arbitrator in arbitration in accordance with the Rules of the Arbitration Institute of the Central Chamber of Commerce of Finland. The arbitration shall be held in Helsinki.