1. Terms and conditions
These terms and conditions (the “Terms and conditions”) govern your use of the Smart3Dworks system (the “System” as defined below). By accepting the Terms and conditions, an agreement is entered into by you (“you” or “User”) and Ortho Baltic UAB, company registration number 110866664 having its registered address at Taikos pr. 131A, LT-51124 Kaunas (“we” or “us”).
The System is provided through our webpage https://smart3dworks.com and any subdomains thereof (the “Webpage”). By clicking the “Accept” button, completing the registration process, using any of the Services, and/or browsing the Website, you represent that you have read, understand, and agree to be bound by the Terms of Service and you have the authority to enter into this Agreement personally or on behalf of the entity you have named as the User, and to bind that entity to this Agreement. If you do not agree to these Terms and conditions, you must not accept these terms and conditions and may not use this site or the service.
The System and its original content, features, and functionality are owned by UAB Ortho Baltic and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. The System
Everyone using our System is, in these Terms and conditions, referred to as “User” or “You”, a definition which also includes you as a party to this contract that you have entered into by accepting these Terms and conditions. We offer our System to orthopaedic technicians who are designing shoe last and shoe insole surface models for footwear manufacturing.
The System is a 3D orthopaedic product – shoe last and insole surface designing WEB platform, where User can create a product order and use designing tools to generate digital 3D models, which can be ordered to download into local directory or manufactured and shipped to the User.
3. Confidentiality and Privacy
The User acknowledges and agrees that information that the User may get access to or upload to the System may be subject confidentiality obligations set out in laws and regulations, e.g. the Patient Data Act (SFS 2008:355).
We process personal data received in connection with the use of the System. The personal data processing is made in accordance with our privacy policy and in accordance with applicable data protection laws. As we will process personal data on your behalf as processors, we have a legal obligation to enter into a data processing agreement with you.
To ensure that patient’s privacy is kept secure when using the System, only necessary patient data is used. When uploading a case to the System, the User may not include information in the description that discloses patient personal information. Users who want to use the System in full of it’s potential, for designing and ordering orthopaedic products are responsible to enter comprehensive information of the specific patient, to avoid mix-up between different order cases.
In our Clinical Data Base (also referred as CDB) we store clinical cases with all personal data removed, both of User and patient side, in an anonymization process when case is transferred to CDB. Anonymization processes are performed in Smart3Dworks system and are evaluated, processed and approved by company’s representative after the transfer. Only approved clinical cases 3D models are used in closest model search and are accessible for all system Users to import 3D shoe last model from the CDB. Accessible 3D shoe last models from the CDB are fully anonymized and cannot be linked to the specific patient or case.
Users are required to obtain written permission from the patient (or his/hers authorized representative) to use and distribute patient personal data and data describing pathology which is uploaded in this System. Also, User needs to obtain permission for this data to be anonymized and used for improvement of this System.
4. License
Provided that you accept and adhere to these Terms and conditions, you are granted a non-exclusive, non-transferable, revocable license to access and use the System through the Webpage for its intended purpose.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms and conditions.
You may not copy, download extracts of any page of the System unless there is a feature in the System expressly permitting such copying or downloading. In case you have downloaded or made copies in accordance with these Terms and conditions, you are not entitled to modify the downloaded or copied material and may not separate any 3D models, illustrations, photographs, video or audio sequences from text accompanying such media. You are obligated to maintain confidentiality of downloaded material in your possession. And only after mutual written agreement from us, and anonymization of personal data, received material could be publicised by you. The author of the material shall to the extent required under applicable law be recognized.
Where our System contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You subsequently understand and accept that we cannot be held liable for such third-party content supplied by third parties and presented or made available within the scope of the System.
We do not grant you or anyone else permission to copy or alter the System in whole or in part. You, or a third party, may not without our consent develop, add to, decompile or make reverse engineering on the System or its components. It is not allowed to re-create the source code or its functionality, or make copies of the System, other than as expressly permitted by mandatory law.
All intellectual property rights in the System, or in any other part of the System, belongs to or are disposed of with license by us. Nothing in these Terms and conditions shall be construed as a transfer of any intellectual property right or any other right to you. You are only given the limited license as described above.
5. Username and Password
In order to use the System, you will have to create a user account (the “User account”) and sign in to it. Instructions on how to create a User account are set forth on login page of https://smart3dworks.com/login/.
If you choose to create account and use our System you will need to create account with your chosen username and a password to sign in to your user account on the Webpage, providing all required data in a complete and truthful manner. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to suspend your account, if in our opinion, you violate these Terms and conditions.
When creating your user account, you will be asked to submit certain information about yourself. Please make sure to read and understand our privacy policy before you start using the System.
Your account is personal and you are not allowed to transfer your account to any third party or to allow a third party to use the System through your user account. You are responsible for protecting your login information from access by unauthorized persons. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us via email: info@smart3dworks.com, providing evidence that you are the rightful owner of the account. We have the right, but not the obligation, to suspend access to your user account if we have reason to believe that any third party has gained unlawful access to your user account.
Please note that if your account is left inactive during a period of 180 consecutive days, we have the right to make your account “invisible”, meaning that all account information is saved, but the account is de-activated and needs to be activated for you to be able to use it again. Additionally, if your user account is left inactive during a period of 365 consecutive days, we have the right to cancel your user account permanently.
6. Your Use of the System
We do not want the System to be used for anything other than its Intended purpose. Your use of the System may only be in accordance with its Intended purpose, as described above. If you do not accept this, you are not allowed to use the System and your account may be suspended immediately after detecting systems misuse.
You may not use the System to distribute malware or any malicious code. You may not use any manual process or automatic device, program, algorithm, or methodology including page-scraping, robots or deep-links in an attempt to or to access, use, copy, monitor, obtain, reproduce, distribute, or circumnavigate any content, process, account, or other information not purposely made available through the System.
You may not take any actions which impose an unreasonable or disproportionality large load, including flooding with requests, disrupting, or harming the infrastructure of the System or any networks connected to System, interfere or attempt to interfere, in any way through any means, with the proper functioning of the System, any transaction being conducted on the System, or with any person’s use of the System.
You may not use or trace, or attempt to use or trace, any information related to any User or visitor to the System for the purpose of revealing any information – including, but not limited to, personal identification information – about anyone other than yourself.
6.1. User-generated Material
You can upload content such as:
- patient personal data;
- description of the case, including product parameters;
- images of ink scans, topological scans, foot scans, etc.;
- 3D models of leg, feet, insoles or shoe lasts.
By the use of System, you also can generate content such as:
- order for orthopaedic models manufacturing;
- orthopaedic 3D models;
- invoices for the order.
All above listed content are known as "User-generated Material" to the System. The content of the User-generated Material is to the extent permitted under applicable law, the sole responsibility of the User that has uploaded such material.
You agree and warrant that you will not distribute or upload any User-generated Material to the System which:
- is false, misleading, untruthful or inaccurate,
- promotes or encourages illegal activity,
- is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group),
- constitutes defamation, contains pornography or is in any other way sexually explicit,
- attacks sexual orientation or religion or is discriminating in any other way,
- constitute insult or persecution of a person,
- is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trademarks), or
- otherwise contradicts the System's intended purposes.
6.2. Our position with regard to User-generated Material
We will not tolerate any message we consider inappropriate, illegal or unethical. We have a statutory duty to monitor the User-generated Material that are made available in the System and, under certain conditions, remove User-generated Material from the System. We reserve the right to, at our sole discretion, remove User-generated Material that we deem inconsistent with these Terms and conditions or as we in any other way consider unfair, unethical or illegal and that may be harmful to us or the Users of the System.
If you encounter any User-generated Material that you believe infringes these Terms and conditions, or encounter posts from other Users that are abusive or inappropriate in any way, or if you have any other reason to believe that our System is used for illegal purposes or for purposes that are not in accordance with these Terms and conditions, please contact us at info@smart3dworks.com.
6.3. Intellectual Property Rights to User-generated Material
Ownership of all User-generated Material belongs to you, or the third party that owns the intellectual property rights to such User-generated Material. You hereby give us, to the extent permitted under applicable law, a worldwide, perpetual, non-exclusive, gratuitous and transferable right to possess, process, store, publish, distribute, stream, transmit, playback, transcode, copy, present, display and otherwise use the User-generated Material and anonymized data to provide and market the System, or any of our current or future products or Systems.
You warrant that you have all necessary rights to show and upload User-generated Material, to use the User-generated Material in all other ways and to grant us the license to the User-generated Material as described above.
6.4. User-generated Material
All of information you provided to the System is governed by us and managed by requirements of the General Data Protection Regulation (EU) 2016/679 (GDPR).
You are responsible for maintaining confidentiality of your username and password, and for all activities that occur in your user account.
We keep the right to monitor you actions in the System and take any necessary action in order to protect your or anyone else personal information.
We are not responsible for any loss or damage to the User or to any third party incurred as a result of any unauthorized access and/or use of a user account.
We are responsible of confidentiality of data you provided by the extent of our use of said data inside and outside of this System.
6.5. Network Fees and Access
You are responsible for securing your access to the network necessary to use the System. There may be additional costs for e.g., data plan. These costs are not paid by us. Furthermore, you are responsible for obtaining and keeping the necessary hardware and(or) software up to date to access and use our System.
7. Disclaimer of Warranty and Limitation of Liability
The System, accessible via Webpage and any information therein, is to the extent permitted under applicable law provided ‘as is’ without warranties of any kind. This entails that we are not responsible for any incorrect or incomplete information provided within or in connection with the System, including incorrect or incomplete User-generated Material and input that is automatically generated through the System. We strongly advise all Users to exercise caution in the interpretation and implementation of information obtained through the System. Your use of the System is solely your responsibility and at your own risk. You are responsible for attentively validating created orthopaedic product. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the System.
The System provided knowledge base recommendations, which consist of text and image information of constructive medical treatment designing recommendations for different clinical cases, may not be accurate and may differ depending on the severity of clinical cases and the combinations of clinical cases because of this, recommendations should not always fully comply and User is fully responsible for taking the decision for designing of 3D models. User himself must make a decision if knowledge base recommendations should be followed or not. For the avoidance of doubt, the System shall not be used as a substitute for the full medical diagnostic, recommendation tools available to you, including consulting actual colleagues/fellow-students/teachers, final designing decisions are taken by the User and he is responsible for the final 3D models. We recommend you not to rely on the System for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the System will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the System, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with these Terms and conditions or inability to use the System. We are not responsible to you for any third-party claims made against you.
8. Indemnity
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms and conditions, including but not limited to the misuse of the System. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms and conditions or other applicable law.
Should any User-generated Material infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the User-generated Material and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
9. Change of Terms and Termination of Systems
We have the right to make changes and updates to these Terms and conditions. We will inform you of any such changes at the latest thirty (30) days before an adjustment enters into force. We will give you such information by email to the email address provided by you.
You have the right to stop using System and your user account at any time and without prior notice. Account will be locked after 180 days of inactivity.
We have the right to suspend your access to the System with immediate effect if we have reason to believe that you are violating these Terms and conditions. Furthermore, to the extent permitted under applicable law, we reserve the right to modify, discontinue, temporarily or permanently cease providing the System at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance. Upon termination you shall also, at our request, destroy or return any material downloaded or copied from the System.
10. Trademark and rights / copyrights
You will inform us immediately in writing, if you are pointed to the infringement of intellectual property or copyright by a product supplied by us. We alone are entitled and obligated to defend you against claims of the holder of such rights and settle such claims at own expense, as long as they are based on a direct violation from a product supplied by us. In general, we will endeavour to provide you with the right to use the product.
In reverse, you will defend and indemnify us against all claims of the owner of such rights, which arise because we complied with your instructions or changes made by you to the product.
11. Miscellaneous
The term “included” shall in these terms be read as to mean “including but not limited to”.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms and conditions. We may assign and transfer our rights under these Terms and conditions without your consent and without notice to you.
Out failure to exercise or enforce any right or provision of these Terms and conditions shall not operate as a waiver of such right or provision.
These Terms and conditions operate to the fullest extent permissible by law. If any provision of these Terms and conditions is deemed to be unlawful, void or unenforceable, that provision is deemed severable from these Terms and conditions and does not affect the validity and enforceability of any remaining provisions.
12. Applicable Law and Disputes
These Terms and conditions shall be governed by and construed in accordance with Lithuanian laws, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms and conditions, or the breach, termination or invalidity thereof, shall be finally settled by Lithuanian courts, although we retain the right to bring proceedings against you in your country of residence, unless otherwise is provided by mandatory law.
SMART3DWORKS PRIVACY & COOKIE POLICY
This Privacy & Cookie Policy aims to inform Users of the website: https://smart3dworks.com/ owned by UAB Ortho Baltic (hereinafter `Data Controller` or `Company`) what personal data is collected on this website, how it is processed and how its security is ensured. By browsing our website or using our services, you, as a visitor of this website, agree to the provisions of this Privacy & Cookie Policy and confirm that you have read and understood them. Data Controller is UAB Ortho Baltic, legal entity code 110866664, VAT code: LT108666610, registered office address: Taikos Ave. 131A, LT-51124 Kaunas, Lithuania, tel.: +370 37 473970, e-mail: gdpr@orthobaltic.lt. The notions used in this Privacy & Cookie Policy are understood as they are defined in the General Data Protection Regulation of the European Union 2016/679.
1. Processing of personal data at UAB Ortho Baltic
When processing personal data, we follow the requirements of the General Data Protection Regulation (EU) 2016/679, the Law on Legal Protection of Personal Data of the Republic of Lithuania, other related legal acts, and the instructions of the controlling authorities.
2. Scope of personal data processing
We always process the personal data of our website visitors only to the extent necessary to ensure the proper functionality, content, and service of this website. In principle, the personal data of visitors is processed only with their consent. Exceptions are cases when, for practical reasons, it is not possible to get a prior consent and personal data processing is permitted in accordance with the law.
Personal data means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the natural person.
Depending on the purposes detailed below, personal data processed by Smart3Dworks includes:
- Personal and Business contact information such as first and last name, email address, work phone number, personal phone number, country, city, address, postal code, company name and VAT code;
- Profile information such as user ID, login, password, first and last name, email address, work phone number, personal phone number, country, city, address, postal code, company name and VAT code;
- Transaction information details related to purchases you make, including through Smart3Dworks websites, event registrations and billing data;
- Operation and usage data (IP and Mac Addresses, logs, etc.) on how you use Smart3Dworks websites and services, including data from cookies.
3. Legal basis for the processing of personal data
The legal basis for personal data processing by using necessary (technical) cookies is based on Article 6, point 1/f of the General Data Protection Regulation (EU) 2016/679.
The legal basis for personal data processing by using analytics (statistic) cookies with the consent of a User is based on Article 6, point 1/a of the General Data Protection Regulation (EU) 2016/679.
4. Use of cookies
Cookies are small text files (up to a few KB) that are placed by your web browser on your computer, tablet, or another smart device when you visit our website. Cookies allow our system automatically collect and save such data as:
- Internet Protocol (IP) address; cookie identifier and etc.;
- duration of a browser session, a number of visited pages;
- what kind of information is looked for at our website.
5. The purposes of using cookies
Our purposes are:
- to ensure security of our website. We use cookies to support the security functions, detect and clarify cases of misconduct;
- to improve the functionality of our website. By analyzing the use of the cookies (also in case you visit us from other websites or devices) we can improve the functionality of the website;
- to analyze visitors` experience that to make our website more user-friendly, interactive, and running smoother;
- to measure the flow of data sent to our website. We use cookies to collect statistics on the number of visitors or how they use our service.
6. Types of cookies we use
When you visit our website, persistent cookies may be created. After you log out, they are not deleted but remain on your device and will be activated on each your next visit.
Temporary or session cookies are created when you just open the website. Once you close it, all session cookies are deleted.
7. Consent for using the cookies
By clicking on the "I agree with the terms and conditions" button in the notification line at the top of the website, you grant a permission to the website owner to place cookies on your device (a computer, a tablet, a smartphone, etc.).
Main cookies used on our website according to their type, collected data, and validity period are these:
- Necessary (technical) cookies. They are essential to navigate around the website and use its features, such as to remember the information entered in the forms during the session, access the secured places in the pages. Without these cookies, our site would not run as smoothly as it should.
- Analytics (statistic) cookies. They show us whether a visitor has already visited our website before. These anonymous cookies help us track the number of users and the frequency of their visits, as well as improve the performance of the website.
A list of the cookies is provided below:
- Name: _ga. Cookie type: Analytics (statistic) cookie “Google Analytics”. When cookie is created: When opening the website. Expires after: 2 years.
- Name: _gat. Cookie type: Analytics (statistic) cookie “Google Analytics”. When cookie is created: When opening the website. Expires after: 1 day.
- Name: PHPSESSID. Cookie type: Functional cookie (session ID). When cookie is created: When opening the website. Expires after: deleted after quitting the browser.
8. Removing or blocking the cookies
Most web browsers are set up to accept cookies automatically. In some cases, by changing browsers settings (in Internet Explorer, Safari, Firefox or Chrome) users can control cookies and choose to use them or not.
If you do not want cookies to be saved on your computer, you can set up your browser that:
- to get a notification before any cookie is saved on your device;
- to reject all or some cookies being placed at all;
- to remove the ones that have already been saved.
Setting configuration is different for each browser. More info:
More information on how to remove cookies and other useful information related to using them you could find here: https://www.allaboutcookies.org/.
9. Security of your personal data
Your personal data is handled responsibly and securely. We choose and implement appropriate technical and organizational measures in order to protect your personal data from accidental or unlawful destruction, damage, alteration, loss, disclosure, as well as from any other unlawful processing.
UAB Ortho Baltic employees are committed in writing to observe the principle of confidentiality and not to disclose to third parties any personal data that are available to them during the performance of their working functions unless such information is public in accordance with applicable laws or other legal acts. The obligation to keep the confidentiality applies after changing a working position or a termination of employment also.
10. The rights of the website visitors
By visiting our website, you confirm that you have read our Privacy & Cookie Policy and give us the right to collect, store, systematize, use and process your personal data collected on this website for the purposes set out in this Policy.
You have a right to ask information about your personal data collected, for what purposes, and to whom it is transferred by submitting a written request to UAB Ortho Baltic (by post, e-mail: gdpr@orthobaltic.lt or upon arrival to our company). We respond to such requests in accordance with the applicable laws and regulations and answer in writing to the postal or e-mail address given by you soon as possible, but no later than in 30 days from the date of receiving such request.
Providing the information on what your personal data has been collected, the sources of it, the purposes of its processing and the recipients to whom the data has been transferred during the last one year is free of charge once per calendar year.
If upon a request, we have any suspicions about the identity of the applicant, we have a right to ask an identity document of the applicant or its copy.
Upon receiving of your written request (by post, e-mail: gdpr@orthobaltic.lt or upon arrival at our company), all your personal data collected and processed with help of the cookies will be deleted no later than in 30 days (except the cases when the storage and processing of this data are necessary for the legitimate interests of the Data Controller).
If you do not agree with placing cookies on your computer or another device, you can revoke your consent to use them at any time by changing your settings and removing already saved cookies. Only keep in mind that when the cookies are deleted, all your settings will be removed as well.
If you have any questions regarding our Privacy & Cookie Policy, please contact us by e-mail: gdpr@orthobaltic.lt
11. The final provisions
Privacy & Cookie Policy is periodically reviewed and updated if necessary.
The latest version of the Privacy & Cookie Policy is published on the website of UAB Ortho Baltic - https://smart3dworks.com/terms/.