Microscape

Last updated: 03/30/2023

 

Table of Contents

• Definitions

• Use of Service

• Information Collected and Use of Information

• Accounts and Service Limitations

• HIPAA, Protected Health Information, and the Clinical Compliance Features

• Genomic Information That You Voluntarily Provide

• User Software and Reference Data

• Information You Share With Other Users; Forums

• Access Levels

• Cookies

• Web Analytics

• Links and Third Party Applications

• Service Providers

• Disclaimer

• Limitation of Liability

• Privacy Policy Changes

 

Definitions

"Microscape Service” / “The Service”: any one of the Microscape applications or sites provided to you by Microscape Inc, including but not limited to:

• https://www.microscape.xyz

• https://www.microscapeapp.com

• Microscape desktop application (Windows/Mac/Linux)

• Microscape mobile application (iOS/Android/VR)

• …

"Data": is any information stored in the Microscape service, be it from form input, file uploaded to the service, fetched from an external site, or by any other means.

"Operators": Any personnel whose duties involve the administration, operation, and support of the Microscape Service. This includes, but is not limited to: system administrators, software developers, and support personnel.

 

Use of Service

Microscape (the "Service") provides only information, is not medical or treatment advice, and may not be treated as such by the user. As such, this Service may not be relied upon for the purposes of medical diagnosis or as a recommendation for medical care or treatment. The information on this Service is not a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this Service is for general information purposes only. Data transfer is encrypted. Data storage is not encrypted. The Operators of the Service use reasonable security measures to protect against the loss, misuse, and alteration of the information and Data under our control. However, no method of transmission over the Internet or method of electronic storage is 100% secure or reliable. If there are restrictions on the way your research data can be stored and used, please consult your local institutional review board or the project principal investigator before uploading it to any public site, including this Service. Do not use this service if you have protected data. Your access to the service may be revoked at any time for reasons deemed necessary by the Operators of the Service ("Operators"). You are strictly prohibited from making use of the Microscape Service for the storage or processing of any Data that can be classified as Personally Identifiable Information (PII) Data, Health Insurance Portability and Accountability Act (HIPAA) Data, or Federal Information Security Management Act (FISMA) Data, as classified by the United State Government, including but not limited to potentially personally identifying medical data.

You acknowledge that you are responsible for compliance of all of your data processing activities carried out on the Microscape Service with applicable laws and regulations of the United States of America, as well as any laws or regulations of other legislations or any other restrictions that might be applicable due to the provenance, intended use, legal ownership of or any licensing or other legal restrictions imposed on the data being processed.

 

Information Collected and Use of Information

The Microscape Service does not require you to identify yourself while using the Service. The Service does not collect your Personally Identifiable Information (PII) except that information which you choose to provide to the Service, but we automatically collect and store general information about you and your visit to the Service, but that information does not identify you personally unless you choose to provide your personal information. The information that we collect is used to track how users interact with the Service, so that we can improve the user’s experience and make other improvements to the Service.

The information that we collect includes, but is not limited to, the following:

• The IP address from which you access the Service

• The name of the domain from which you access the Internet

• The type of machine and operating system used to access the Service

• The date and time you access the Service

• The pages, files, documents, and links that you visit

• The link that you click on to get to the Service (referral data)

• The Internet address of the website from which you linked to this website

We may also collect other information as described in this Terms of Service.

Accounts and Service Limitations

You may choose to register an account with the Service. Your registration data is primarily used so you may persistently store data on the Service and use advanced Microscape features such as data sharing and automated pipelines. The operators of the Service will not provide your registration data to any third party unless required to do so by law. Your access to the Service is provided under the condition that you abide by any published quotas on data storage, job submissions, or any other limitations placed on the public Service. Attempts to subvert these limits by creating multiple accounts or through any other method may result in termination of all associated accounts.

By creating an account, you agree to allow the Operators to send administrative e-mail messages as necessary for the continued health and stability of the Service, or in the investigation and resolution of abuses of the Terms of Service. You may cease reception of administrative e-mail messages by deleting your Microscape account.

 

HIPAA, Protected Health Information, and the Clinical Compliance Features

Microscape is not a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and its related regulations (collectively, "HIPAA"). On occasion, Microscape Bioinformatics Foundation may agree in writing with a user to perform services for the user in the storing PHI. We recommend that such users enter into a formal agreement with Microscape Bioinformatics Foundation.

Microscape does offer clinical compliance features as part of its service ("Compliance Features") for users who wish to upload, store, or otherwise transfer PHI, as well as users who are using the Site in connection with their clinical operations. Users who desire to upload, store, or otherwise transfer PHI using the Site must implement all of the required Clinical Features and must enter a formal agreement with Microscape Bioinformatics Foundation stating that. The uploading, storing, or transferring of PHI using the Site by users that have not implemented the Clinical Features is strictly prohibited. You agree that, unless you have implemented the Clinical Features, you will not upload, store, or otherwise transfer PHI using the Site.

You acknowledge that this may require you, in some instances, to anonymize sequence data prior to uploading it to the Service. You further agree to indemnify and hold harmless Microscape Bioinformatics Foundation of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to your uploading, storing, or transferring of PHI without having fully implemented the Clinical Features.

 

Information That You Voluntarily Provide

Microscape collects and stores imaging data derived from humans or other organisms, that you submit to the Service along with metadata and other information related to such sequence data. You agree to and accept full responsibility for obtaining all necessary permissions and informed consents from the donors of all samples from which your submitted sequence data is derived.

 

User Software and Reference Data

You may also be permitted to upload your own software and data, including reference data, to the Service in the course of using the Service. You agree to and accept full responsibility for obtaining all permissions, consents, and rights necessary for uploading and using any such software and data to and with the Service. The software you upload must comply with the Microscape "Terms of Service and Privacy Policy".

 

Information You Share With Other Users; Forums

Our Service allows you to share imaging data and other information you submit to the Service with other users of the Service and third parties who are not users of the Service. Microscape is not responsible for such other users' and third parties' use of your imaging data or other information. You understand and acknowledge that, if you choose to share the imaging data or other information you submit to the Service with other users of the Service or third parties, such shared information might be copied or redistributed by other users and third parties. Even after you remove information from your account or delete your account, copies of that information may remain viewable elsewhere to the extent it has previously been shared with others.

 

Information You Share With Other Users; Forums

By submitting any content (including but not limited to images, videos, and text) to the Service, you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) in any media formats and through any media channels now known or hereafter developed, for the purpose of promoting and marketing our app. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant us the license described in section 1 above, and that our use of your content will not infringe or violate the rights of any third party, including without limitation any intellectual property rights, privacy rights, or publicity rights. We reserve the right to edit, modify, or remove any content submitted to our app at our sole discretion, and we are under no obligation to use any content submitted by you for marketing or any other purposes. You acknowledge and agree that we may use your username, profile picture, and other information associated with your account in connection with our use of your content for marketing purposes. You understand that we may use your content in conjunction with other content, and that we are under no obligation to provide you with any compensation or attribution for our use of your content. You may revoke the license granted above by submitting a written request to us, but such revocation will only apply prospectively from the date of our receipt of your request, and will not affect any use of your content that occurred prior to such revocation. By using our app and submitting any content to it, you agree to be bound by these terms of service. If you do not agree to these terms, please do not use our app or submit any content to it.

 

Access Levels

Your level of access to systems and networks owned by Microscape Inc is limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify Microscape Inc at contact@microscape.xyz.

 

Termination of Use

We may in our sole discretion suspend/terminate your access to Microscape without notification. We may also periodically review and remove accounts for which a user has not logged on.

 

Cookies

A cookie is a unique identifier given to a web browser by a web server. Each time the browser requests a page from the server, this identifier is sent back. The Microscape Service provided uses cookies to identify users/computers in order to maintain user sessions (e.g. to provide/maintain analysis results while you browse the website). Usage of cookies is in no way linked to any personally identifiable information about individual users. The information is also not shared with any third party. Information that we gather from cookies is not linked to any of your personally identifiable information while using the Service, unless you choose to provide your personal information (e-mail address and username) when registering an account. Most browsers are set to automatically accept cookies. If you prefer not to receive cookies, you may set your browser to warn you before accepting cookies or you may also refuse all cookies by turning them off in your browser. However, please be aware that in case of not accepting cookies, the functionality of our website is limited.

 

Web and App Analytics

We may use web and app analytics as service quality and statistical needs arise, to help analyze how users interact with the Service. The third-party tools typically utilize cookies but may also use pixel gifs or beacons. The information generated by the cookie and/or beacons about your use of the Service is transmitted to these tools. This information is then used to evaluate visitors' use of the Service and to compile statistical reports on activity for our websites.

 

Links and Third Party Applications

Through the Microscape Service, we may provide links to websites or applications maintained by third parties, which we believe you may find useful. Microscape Inc is not responsible for the privacy practices of these other websites or applications and we encourage you to review the privacy policies of each of those other websites or applications before using such websites and applications. If you click on these third-party links, these other websites or applications may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. Other websites and applications will have different policies and rules regarding the use or disclosure of the personal information you submit to them. We make no representation with regard to the policies or business practices of any websites or applications to which you connect through a link from Microscape, and are not responsible for any material contained on, or any transactions that occur between you and any such website or application.

 

Service Providers

We may rely on various third-party service providers and contractors to provide services that support the Service and our operations, including, without limitation, maintenance of our databases, distribution of emails and newsletters on our behalf, data analysis, payment processing and other services of an administrative nature. Such third-parties may have access to your Personal Information for the purpose of performing the service for which they have been engaged in a manner consistent with this Policy.

 

Disclaimer

The Service is provided to you on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICE IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this service agreement.

 

Limitation of Liability

Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall Microscape Inc or any other entity which provides resources for the Service be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of the use of this Service including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.

 

Privacy Policy Changes

This Privacy Policy may be updated periodically. The Service will notify you of any material changes to this Privacy Policy by posting the revised policy on the [Insert Privacy Policy location here, typically a weblink]. You are advised to periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. Any changes to our Privacy Policy will become effective upon our posting of the revised Privacy Policy on the [Privacy Policy location]. Use of the Service following such changes constitutes your acceptance of the revised Privacy Policy then in effect. You will be able to determine when this Privacy Policy was last revised by checking the "Last Updated" information that appears at the top of this page.