Privacy Policy MIM Software® Inc.

TD-500: Last Updated: May 27, 2020

MIM Software® Inc. ("MIM Software") considers the privacy of your personal data as a matter of the utmost importance and is committed to processing your information in accordance with the law, the present Privacy and Cookie Policy (herein after the "Privacy Policy"), and the highest standards of fair information practices.

Please read this Privacy Policy carefully, whereas it describes how MIM Software collects your personal data as a guest or a registered user, on or through (i) www.mimsoftware.com (the "Website"), and (ii) MIMcloud®, MIM Zero Footprint, concurrent software licenses, software support services, training, online customer forums, as well as other services provided by MIM Software (collectively referred to herein as "Services"), in the context of our customer, vendor, and partner relationships. The scope of this Privacy Policy does not include the medical data uploaded through the Website or exchanged through our Services. For privacy and security information regarding medical data, please see MIM Software's Technical and Organizational Measures.

This document offers you a description of how MIM Software uses your personal data, as well as the manner in which you can assert control over MIM Software doing as such. Accessing or using the Website implies your express approval of this Privacy Policy either by providing us your personal information or by opting in. This means you consent to how MIM Software collects, uses, and processes your personal information. If you do not accept this Privacy Policy, you are no longer allowed to use the Website. MIM Software may access or use your personal data for Services either with your express approval or for any lawful basis.

MIM Software may periodically update this Privacy Policy by posting a revised version on the Website. Therefore, we recommend you regularly consult this Privacy Policy to make sure you are aware of any changes.

Article 1 – GENERAL

1.1 MIM Software Inc., incorporated under the laws of the State of Ohio, with a registered office at 25800 Science Park Drive - Suite 180, Cleveland, OH 44122 (USA), takes responsibility for the processing of your personal data as a "data controller."

1.2 This Privacy Policy for the protection of your personal data is strictly compliant with the laws applicable in the United States ("U.S.") and the applicable data protection law in the European Union ("EU"), including but not limited to:

1.3 If you have questions about this Privacy Policy, or the manner in which MIM Software collects, uses, or otherwise processes your personal information, please contact us by sending an email to the following e-mail address: privacy@mimsoftware.com.

Article 2 – PERSONAL DATA MIM SOFTWARE COLLECTS

2.1 MIM Software does not collect the sensitive information of its users (e.g., data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation). MIM Software shall, where necessary, obtain your express consent to collect and use such information.

2.2 The Website and our Services collect only personally identifiable information that is specifically and voluntarily provided by you.

2.3 The personal data MIM Software may collect includes:

2.4 You are not obligated to provide us with your personal data; however, choosing not to may make the delivery of several Services not possible.

Article 3 – HOW WILL MY PERSONAL DATA BE USED?

3.1 General Purpose

MIM Software collects and processes your personal information in order to offer you a safe, comfortable, and personalized experience each time you visit the Website or use our Services.

The information we collect about you is primarily processed to help us ensure proper technical functioning and to improve the quality and content of the Website and our Services, all of which is based on the lawful purposes of consent for the Website, legal obligations and contractual necessity for our Services, or legitimate interest as allowed under GDPR. With that said, your personal data will be processed only for the following (internal) purposes:

With that said, your personal data will only be processed for the following (internal) purposes:

MIMcloud uses email and/or MIMcloud account messages to deliver important information. The delivery methods are configurable in your account profile.

The Website may contain message boards, a chat room, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Forums"), that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (including but not limited to medical image scans, collectively, "User Content") on or through the Website. User Content must always be anonymized prior to posting on a Forum.

MIMcloud tracks usage for the purpose of billing. Each transaction only details the action (e.g., download, upload, etc.), the time, the user(s) involved, and a reference to the encrypted study that was involved. The contents of the study itself remain unknown.

With regard to credit card payments, credit card information is processed by a third party in accordance with Article 3.3. Credit card information is neither stored in MIMcloud nor the Website.

3.2 Direct marketing:

MIM Software may also use your personal information for the purpose of marketing our products and services. If you do not want to receive marketing material from us, you may opt out or exercise your right to object (Article 5) as detailed below:

3.3. Transfer to third parties:

We provide access to our employees in order to process your personal data.

MIM Software will not disclose your personal data to third parties, unless it is necessary in the context of providing our Services and/or optimizing them. To that end, MIM Software may appeal to third parties in order to:

Please see the links above to see how these third parties will be obligated to use your personal data.

Consequently, MIM Software shall not sell, hire out, or pass on your personal data to third parties, except in the situations provided for in this Privacy Policy or unless you expressly provide prior consent.

It is however possible that MIM Software will disclose your personal data:

MIM Software will, if reasonably possible, try to inform you in advance of such transfers, unless revealing this information is subject to legal constraints. Informing you beforehand is not always possible.

Article 4 – HOW LONG WILL WE HOLD YOUR PERSONAL DATA?

MIM Software only processes your personal information for as long as necessary. This means that we do keep a record of your data for as long as it is required or justified by the law or by another legal obligation, or for the period for which this would be necessary for the aforementioned purposes. Based on the categories of data described in Section 2.2, we hold your data as follows:

Article 5 – YOUR RIGHTS AS A DATA SUBJECT

5.1. Right of access and right to obtain a copy

You have the right to freely obtain access to your personal data, as well as to be informed about MIM Software’s purpose for processing such data.

5.2. Right to rectification, erasure, or restriction

You have the choice to share your personal data with MIM Software. You also have the right to request MIM Software rectify your personal data or have it erased. You can also request the processing of your personal data to be restricted.

When you choose not to share data, or when you request that we erase your personal data, it may prevent us from providing you with several Services and access to the Website.

5.3. Right to object

You have the right to object to the processing of your personal data when you have legitimate reasons to do so. You also have the right to object to the use of your personal data for purposes of direct marketing. In such case, specific reasoning will not be requested.

5.4. Right to data portability

You have the right to obtain your personal data which is processed by MIM Software in a structured, commonly used, and machine-readable format and/or to transfer this data to another data controller.

5.5. Right to withdraw consent

When the processing is based on prior consent, you have the right to withdraw this consent.

5.6. Automated decisions and profiling

The processing of your personal data does not include profiling, nor will you be subjected to automated decisions.

5.7. Exercising your rights

You can exercise the above-mentioned rights by sending an email with an enclosed copy of your government-issued identification card to privacy@mimsoftware.com.

5.8. Right to file a complaint:

For EU residents using the Website or our Services: If you have any complaints about the way MIM Software collects, uses, and/or processes your personal data, you have the right to file a complaint with the Belgian Privacy Commission or supervisory authority, which is the Lead Supervisory Authority of MIM Software:

  Belgian Data Protection Authority,

  Drukpersstraat 35, 1000 Brussels,

  Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35,

  e-mail: contact@apd-gba.be.

However, you are always free to contact your own European or EU-vested authority.

This does not affect a procedure before a civil court. If you have suffered damages caused by the processing of your personal data, you may file a claim for damages.

Article 6 – SAFETY AND CONFIDENTIALITY

6.1 MIM Software undertakes all reasonable efforts to prevent (i) unauthorized access to your personal information, and (ii) loss, abuse or alteration of your personal data, by using physical, administrative and technological measures to protect the information maintained.

Unfortunately, no one – including MIM Software – can guarantee 100% security when it comes to transmitting or forwarding any personal information over the internet, or any other methods of electronic storage. If you have particular security concerns about the unauthorized disclosure of certain personal information, it is your responsibility to not transmit that information over the internet.

Nevertheless, you are responsible for providing MIM Software with accurate information. If the information you provide is incomplete or seemingly incorrect, MIM Software reserves the right to postpone indefinitely certain actions or other Services.

6.2 You shall be solely responsible for your own User Content, such as content you upload to the Website, and the consequences of posting, submitting, and/or publishing it. MIM Software does not endorse any User Content or any opinion, recommendation, or advice expressed therein. MIM Software may, but is not obligated to, review and monitor, before and/or after User Content has been submitted. It is impossible for us to monitor or review all User Content. MIM Software is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website or our Services, and MIM Software expressly disclaims any and all liability in connection with User Content to the fullest extent permitted by applicable law.

6.3 You will maintain your MIM Software account(s) to be accurate and current. You are solely responsible for maintaining the confidentiality of your password(s). You are solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your accounts that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, or if you suspect someone has stolen your password, you must contact MIM Software immediately by email at the email address privacy@mimsoftware.com. MIM Software may, at its own discretion, bar registration from the Website or any specific Service. You are responsible for maintaining and protecting your login and password information. Do not lose your password, and do not share it with any other person.

For the Website, if your password is lost, stolen, or forgotten, you may reset your password by going to https://www.mimsoftware.com/portal/forgot-password or by contacting MIM Software at the email address privacy@mimsoftware.com.

For MIMcloud, if your password is lost, stolen, or forgotten, you may reset it by answering your security questions or by having your group administrator reset it, if you are a managed user. If you forget both your password and your security question responses, you must contact MIM Software to have the data in your account deleted since such data cannot be recovered.

6.4 Please note that MIM Software assumes no responsibility regarding the privacy policy of the other websites or digital platforms that are linked on the Website. Moreover, MIM Software is not liable in any way for direct or indirect damages caused by a wrongful or improper use of your personal data by any third parties.

Article 7 – HOW DOES MIM SOFTWARE USE COOKIES?

7.1 What is a cookie?

A "cookie" is a small text file that can be sent from a web server to your computer that is then stored on your computer. When a cookie is stored on your computer, each subsequent request to the same domain name will also send along the data stored in the cookie until the cookie expires or is deleted. A server can only give you a cookie if you make a request to that server. The cookie is only stored if your browser/client is configured to store cookies.

7.2 Why do we use cookies?

Cookies are used primarily for session management on the Website and on MIMcloud. This means once you are logged into the Website or MIMcloud, a cookie remembers your account information, so you do not have to log in after each request. We also use cookies to remember user preferences and other settings, which allows us to offer a better experience when you visit the Website.

7.3 Kinds of cookies we use:

7.4. Your permission:

When you first visit the Website or MIMcloud, you express your implicit approval to accept our different kinds of cookies.

You can block cookies by altering your browser's settings. The rejection of these cookies may inhibit some functionalities on the Website and MIMcloud.

Currently, some browsers offer a "do not track" or "DNT" option, which sends a signal to websites visited indicating a visitor's tracking preference. MIM Software does not currently respond to these signals, because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators. The third-party providers MIM Software uses may or may not do anything in response to this signal.

More information on cookies can also be found via the following link: http://www.allaboutcookies.org

More information on online behavioral advertising and online privacy can be found via the following link: http://www.youronlinechoices.eu

Article 8 – APPLICABLE LAW AND JURISDICTION

This Privacy Policy is managed, interpreted, and executed in accordance with either the laws of the State of Ohio for U.S. users or Belgium for EU residents, as the case may be, and will exclusively apply to every potential dispute.

The competent courts of the registered office of MIM Software shall have exclusive jurisdiction in relation to any kind of disagreement that could arise from the interpretation or execution of the then current version of this Privacy Policy.

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