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IntelliQuit-My Nicotine Test Terms of Service

Privacy Policy
LAST UPDATED: January 20, 2021 When providing services through the INTELLIQUIT-MYNICOTINETEST.COM app (the “App“ or the “Apps” or “App(s)”) and the INTELLIQUIT-MYNICOTINETEST.COM and websites (IntelliQuit.org & MyNicotineTest.com) (the “Websites“), IntelliQuit.com or MyNicotineTest.com is a Controller, as defined under the EU General Data Protection Regulation (GDPR) (16/679).

Quick Jump

Purposes for Processing Data

IntelliQuit.org, MyNicotineTest.com, the IntelliQuit & MyNicotineTest mobile apps processes personal data to provide a service that enables patients to carry out accurate, clinical grade urine test from their clinician’s office or their home under clinical supervision. It is made up of two components, a physical product (testing kit) and a software product (smartphone and web-based apps, backend servers and software algorithms). The testing kit provides a test tube, test tube stand or a 3D print file, urine test strip, range of color chart and mobile phone and web-based application to instruct the user on how to carry out the test and analysis. The app uses the smartphone camera to analyze the test strip once it has been placed in the urine and placed alongside the range of color chart. The testing kit, smartphone application, algorithms and backend servers are used together to facilitate the testing procedure, urine analysis and sharing of test results between a tobacco user and a healthcare professional (collectively, the “Service“).

Legal Basis

When providing the Service, IntelliQuit, LLC with your explicit consent, collects data that can indirectly identify you, such as cookies, your IP address, smartphone operating system and device information, which is gathered to support and improve the Service being provided. We may collect other information on you when providing the Service (such as your name, address, email address, mobile phone number or date of birth). When operating the Websites IntelliQuit, LLC and MyNicotineTest.com uses cookies, which is a small file sent from your web browser allowing us to support and improve our services. We use cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor web traffic routing and aggregate usage of the Website. We will always ask for your consent for accepting cookies. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Website. If you wish to contact us through the “Contact Us“ option on the Website, you will be required to provide us with your email and your name. Regardless of the source and type of data, your data will only be accessed by authorized IntelliQuit, LLC employees, consultants, or agents or employees of our processors. Cookies data is accessed for marketing purposes; any other data is accessed for maintenance purposes, system and security administration. Your data will not be accessed for any other purpose. IntelliQuit, LLC may therefore rely on Article 6(1)(a) and Article 9(2)(a) of GDPR to process your personal data.

Transfers outside the EEA

Data may be transferred outside of the EEA. Such data is held and processed securely on servers in the United States which comply with the EU:US Privacy Shield Framework and security controls in place to protect your data and ensure your privacy.

Retention

Your IP address will be retained for the purposes described above. Your test results will be retained to enable us to improve the Service.

Sharing Data with Third Parties

In order to provide you the Service, IntelliQuit, LLC uses the following service providers:
  • Google Inc.
  • Toptal
  • Facebook Inc.
  • Amazon Web Services
  • Bluehost
  • Shopify
In order to operate the Website, IntelliQuit, LLC uses the following service providers:
  • Google Inc.
  • Toptal
  • Facebook Inc.
  • Amazon Web Services
  • Bluehost
  • Shopify
These service providers act as “Processors“ for IntelliQuit, LLC and are under strict contract to only act under instruction from IntelliQuit, LLC. IntelliQuit, LLC will not share your personal data with any other third party unless required to do so under law or by a court order. Where possible you will be informed if any such request under law is made where this could cause no prejudice.

Your Rights

As you are providing us with your consent to process you have the right to withdraw consent at any time by simply uninstalling the application from your device and deleting the cache from your web browser. It is important to note that once you have uninstalled the app, you will no longer have access to the test results nor will we be able to provide you a copy as we will not be able to identify your results linked to you as an individual.
You also have right to request the information we hold on you, to restrict the processing of your information and the right to data portability. If you want to find out more about how your information is processed, gain a copy of the data, update any of your details or wish to object to the processing of your information, please use the contact information below to let us know.

Complaints

If you have a concern with how your data is being used, you can contact us or report this to the Information Commissioner's Office (ICO) who oversee data protection in the UK. To find out more visit the ICO websitehttps://ico.org.uk/concerns.

IntelliQuit, LLC contact information

Email: info@IntelliQuit.com
Address: 120 East Main Street, Suite 200, Ramsey, NJ 07446

Terms and Conditions

LAST UPDATED: January 21, 2021
IMPORTANT: Please carefully read the terms and conditions of this end user license agreement.
LAST UPDATED: January 21, 2021
IMPORTANT: Please carefully read the terms and conditions of this end user license agreement.
Accepting the Terms and Conditions of Use. Thank you for downloading the IntelliQuit, LLC and/or the MyNicotineTest app (the 'App'). Please read these terms and conditions carefully before using these apps, the urine test kit or any part of the related services, as they constitute a legally binding agreement between you and IntelliQuit, LLC with registered office at 120 East Main Street, Suite 200, Ramsey, NJ 07446 ('IntelliQuit, LLC', 'Us', or 'We').
ANY USE OF THESE APPLICATIONS, THE KITS OR ANY OF THE SERVICES PROVIDED FROM TIME TO TIME BY US ON OR IN CONNECTION WITH OUR KITS OR APPLICATIONS (COLLECTIVELY, THE 'SERVICE'), IS SUBJECT TO AND CONDITIONAL UPON AGREEMENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE 'AGREEMENT'). BY USING THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT, AND THAT (i) YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT
We may change the terms of this Agreement from time to time by posting notice on the App. We may inform you when this occurs. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.
DISCLAIMER. The Service is a tool that allows your Smartphone to turn into a test strip urine analysis scanner. The Service helps administer the test and sends the test for analysis in our servers.
THE SERVICE DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. DO NOT USE THIS APP FOR SELF-DIAGNOSIS OR SELF-MEDICATION. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL QUESTIONS YOU MAY HAVE. RELYING ON INFORMATION PRESENTED IN THIS APP IS AT YOUR OWN RISK.
Access and use of the Service is permitted only for your own personal use and only as long as you are in compliance with this Agreement.
We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without detracting from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service. In addition, we may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service.
Although we try to make the Service always available to you, we cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.

Submission of Content

As a condition use the Service you warrant and represent that (i) you are at least eighteen (18) years of age; and (ii) you have all necessary right, power and authority to enter into and perform under this Agreement.
You are entirely responsible for all your use and consequences of using the Service and submitting your urine results on the Service.
General User Conduct In connection with the Service, you agree (i) to abide by all applicable laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
  • Allow or facilitate a third party, to violate or infringe any rights of us or others or our policies or the operational or security mechanisms of the Service.
  • Use the Service in any way that restricts or inhibits the use of the Service.
  • Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service ('Marks') but excluding Content provide entirely by you).
  • Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service's security and traffic management devices.
  • Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
  • Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
User Responsibilities IntelliQuit, LLC does not hold responsibility for maintaining the security of the mobile device upon which the user downloads and operates the App(s). IntelliQuit, LLC thus has no involvement or responsibility in the following circumstances, where the user takes on full responsibility:
  • Where the user provides their thumbprint or passcode to their mobile device in order to access the application(s) IntelliQuit, LLC does not have access to this information and is therefore is not responsible for unauthorized access to the App(s) where the device's security controls have been compromised IntelliQuit, LLC is not responsible for the safeguard or security of your device.
  • The user is responsible for protecting their device from unauthorized access which could lead to unauthorized access to the Applications’ Service. Where the mobile device is stolen or subject to unauthorized access, IntelliQuit, LLC is not responsible for the exposure of any information within the App(s) stored on that device.
Proprietary Rights The App(s), including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the App(s) and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that we (or licensors) own and will own all intellectual property rights in or relating to the Service, the App(s) and our Marks. Any rights to the App(s), Marks or Service not expressly granted herein are reserved by us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
Links to Other Websites and Applications The Service may contain links and references to websites and applications of others. We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. If you decide to transfer any of your content (including urine results) to any third-party website or application, you do so solely at your entire discretion. When you leave the App(s) or Service it is your responsibility to read the terms and conditions and privacy policy of each other website and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.
Licence You grant to us a royalty-free right to use your data and content solely in order to provide the Service in accordance with this Agreement.
Data Protection and Privacy Statement Please visit our Privacy Policy for more information on privacy matters.
Without derogating from the Privacy Policy, it is hereby clarified that for the purposes of the Data Protection Act (2018) and the European General Data Protection Regulation (2016), and other relevant regulations, IntelliQuit, LLC operates as a Data Controller. As a Data Controller, IntelliQuit, LLC is responsible for determining the purposes and means of the processing of personal data, as further described in the Privacy Policy.
If you have any concerns with how your data is being used, you can contact us at the following address: info@IntelliQuit.org. You may also contact the Information Commissioner's Office (ICO) who oversee data protection in the UK. To find out more visit the ICO website (https://ico.org.uk/concerns).
Disclaimers of all Warranties THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, (i) UNDER NO CIRCUMSTANCES SHALL ANY PARTY, ITS POINTS-OF-SALE, SUPPLIERS, DISTRIBUTORS OR WHOLESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (ii) OUR AND OUR POINTS-OF-SALE, SUPPLIERS', DISTRIBUTORS' AND WHOLESELLERS' AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED $100. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH THE LAW DOES NOT ALLOW A PARTY TO LIMIT OR EXCLUDE.
Governing Law and Exclusive Courts This Agreement will be governed by laws of New Jersey, United States of America and subject to the exclusive jurisdiction of thereof.
General This Agreement comprises the entire agreement between you and us, and state our and our suppliers' entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to this Agreement's subject matters. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us to a successor of all or substantially all of our business or assets.

Privacy Policy

We take your privacy very seriously.
Before we get started, we need you to read and accept the product’s policies.
What information is collected?
We collect and use information defined in the GDPR (General Data Protection Regulation) as Personal Data. This includes data which may directly or indirectly identify you. To be more specific, we only collect:
Your IP address - a numerical label assigned to each device connected to a computer network that uses the Internet
Cookies - messages that web servers pass to your web browser when you visit Internet services.
Your smartphone meta information (operating system, manufacturer, etc.)
If provided by you, we will collect your name, email and mailing addresses, date of birth, sex, and mobile phone number. This information allows us to communicate with you and send your supplies.
Your test results will always stay secured.
Why do we collect this information?
We need it to provide products and services and to improve the services being delivered to you.
By pressing the ״I Accept״ button, you accept our terms of use and privacy policy. You have a right to withdraw your consent at any time, all you have to do is remove the app from your smartphone.
Copyright © 2023, IntelliQuit, LLC. All rights reserved.