Terms of Use

Publication date: 17/03/2020, 20:45 | Update date: 27/07/2020, 10:29

 
 

Terms of Use

General

The State of Israel, through the Ministry of Health (hereinafter, “the Ministry of Health”), offer the use of this app (hereinafter, “the App”) under the following terms of use (hereinafter, “the Terms of Use”) and the Privacy Declaration. The Ministry of Health may change the Terms of Use and/or the Privacy Declaration, and any such change will be announced through a notification to the device on which the app is installed and a consent request. Users who do not agree with any such changes may uninstall the app. Upon removing the app, the information stored on the device will be deleted.

The use of this App shall be subject to the Terms of Use and the Privacy Declaration in force at the time of using the app.

The term “user” herein shall mean any person who chooses to install and use the App.

Any abuse of the App and the services specified below is prohibited. Users may only use the App and the services in accordance with the law. The Ministry of Health may suspend or terminate access to the App and/or services for users who violate the Terms of Use, in whole or in part, or if the Ministry of Health or any other competent authority is investigating suspicions of a violation of the law or the Terms of Use when using the App.

The nature of the service

The App provides two kinds of services:

(1) For users – it collects information regarding their movement. The App examines the movement of users in relation to the movement of identified Coronavirus patients according to the information available to the Ministry of Health. This examination is intended to alert users to their possible exposure to Coronavirus patients.

(2) The use of the App will allow users, in case they are diagnosed as Coronavirus patients, to retrace their movement in the last 14 days prior to their diagnosis, i.e., the dates, the times, and the places where they have been. This is in order to help the Ministry of Health identify verified Coronavirus patients who came in contact with the user and to notify people who have been in any of these places and times with the user who is a verified Coronavirus patient, that they are required to enter home isolation immediately (hereinafter, “the Service”).

Note: Nothing in the information provided by the App shall derogate from the information and instructions officially published by the Ministry of Health in various media; the App does not replace any official announcements or information regarding diagnosis or exposure by other means; in any case of discrepancy between the information provided by the App and the official instructions of the Ministry of Health, the instructions of the Ministry of Health shall take precedence. The Service does not constitute medical advice, whether directly or indirectly, but is intended to alert users to their exposure to Coronavirus patients as soon as possible.

Location

The app uses information about the user's location and the routes of his or her movement in order to create a detailed history of all the places where the user has been, the dates and times of his or her stay there and the proximity to other cell phone devices on which this app is installed (henceforth: "The Information"). Collecting this information is necessary for allowing the user to receive all service listed above and for the app to meet its objectives. By using the app and receiving the service, the user agrees to allow the app to collect the information as stated above.

Information gathered by the app will only be stored starting from the date that the app was installed on the device and not prior to that unless the user gives his or her individual approval to receive his or her location history via Google for the 14 preceding days (provided that the option to save locations was activated). This information will be used for cross-references vis-à-vis verified patients whose time of exposure was stored prior to installing the app.

The use of information

The information collected about each user is only stored in the internal memory of the user’s cellular device. The information is not stored on the servers of the Ministry of Health or any other entity.

Users who are diagnosed as Coronavirus patients (or their legal guardians) may allow their information to be transferred to the Ministry of Health in order to help identify verified Coronavirus patients and people who were exposed to them who should enter home isolation immediately and publish relevant information to the public. The use of information by the Ministry of Health for these purposes shall be made in accordance with the Privacy Declaration.

Liability

The Ministry of Health provides the App “As-Is.” The Ministry of Health shall not be liable for any damage and/or loss, whether directly or indirectly, incurred as a result of use of the App, or reliance solely on the Information – in contradiction to the Terms of Use or inability to use the App, in whole or in part, due to technological or other limitations or any other reason that is not directly related to the proper operation of the App.

The Ministry of Health shall make every effort to maintain the availability and stability of the Service and the App and to maintain adequate information security in accordance with the nature of the information collected in the device. However, due to the nature of a new app, and under the current emergency circumstances, it is hereby clarified that the Ministry of Health cannot guarantee the absolute and continuous availability of the Service without any errors or interruptions. The Ministry of Health undertakes to address any such error or interruption, if identified, as soon as possible. Notwithstanding the above, the Ministry of Health shall bear no responsibility for any direct or indirect damage resulting in any error or interruption in the operation of the App or the device in which it is installed or from any use of the App in contradiction to the Terms of Use.

Positive diagnoses for Coronavirus shall not be delivered through the App but only through an authorized medical entity. Users who receive notification through the App regarding their exposure to diagnosed patients should confirm this through the location and dates of patient exposure published on the website of the Ministry of Health.

Some of the information presented in the App is based on data and reports collected by the cellular devices of other users and may contain inaccuracies or be incomplete or erroneous due to technical limitations. The Ministry of Health shall, therefore, bear no responsibility for the accuracy of the information collected on user devices. Users warrant and confirm that they shall have no claim against the Ministry of Health regarding the use of the Service and shall use the App in accordance with the Terms of Use and the Privacy Declaration, in an understanding of its limitations. Whereas the information is only stored on the user’s cellular device, therefore users shall have no claim regarding any violation of their privacy as a result of using the App. Furthermore, the user shall have no claim regarding the Ministry of Health's use of this information subject to the terms of the user's approval; for sharing information from this App.

For the purpose of this section, “The Ministry of Health” shall include its employees, representatives, and service providers.

Changes to the App

The Ministry of Health reserves the right to remove the App and/or limit its use or make changes to the App from time to time, and all at its sole discretion. Users shall receive notification in advance regarding any change to the content or services included in the App or the Terms of Use. Users may uninstall the app. Upon removal of the app, the information collected on the device will be deleted.

Users shall have no claim or demand against the Ministry of Health regarding any changes about which they have been informed and to which they did not object by removing the App.

Limitation to personal use only

The services, content, and information included in the App are intended for personal use only. Without derogating from the above, any commercial use is prohibited, in particular any abuse or any use that may corrupt or disrupt the data and the operation of the App.

The logo of the App may not be used for any purpose that is not directly related to the App. Any abuse of the logo may constitute a criminal offense in accordance with section 5 of the Symbol Protection Law, 1974.

 
 
 
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