Privacy Policy and Terms of Use


Introduction

Kiira is a digital platform created by Population Services International that enables e-Learning services to be made available to healthcare professionals. The content and information made available on this platform (including, without limitation, data, information, text, photographs, maps, icons, software, codes, or other material), as well as the infrastructure used to provide such content and information, are the exclusive property of Kiira. For purposes of these terms and conditions, reference to the platform shall also mean reference to “Kiira”.

Who are we?

Population Services International (PSI) is a non-profit organization duly organized and under the laws of the State of North Carolina, United States of America, registered with the Department of Consumer Regulatory Affairs, Washington, DC, United States of America, focused on making it easier for people in the developing world to lead healthy lives and plan the families they desire. For PSI, it is very important to provide you with confidential, reliable, personalized health information when using our services. Find the terms and conditions of using Kiira stated below:

1. Kiira terms of use

You agree not to modify or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products, or services obtained from or through this platform. Furthermore, you agree not to:

  • • use this platform or its content for any commercial purpose.
  • • access, monitor or copy any content or information from this platform using any type of robot, spider, scrape or other automated means or any manual process for any purpose, without the express written permission of Kiira, which consent may be withheld with or without justification;
  • • violate the restrictions in any robot exclusivity header on this platform or circumvent other measures applied to prevent or limit access to this platform;
  • • frame, copy, duplicate, mirror or otherwise incorporate any part of this platform into any other website/application without our prior written permission, which permission may be withheld, with or without justification;
  • • attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by us in connection with the platform or its services;
  • • manipulate any function or service thereof;
  • • infringe on industrial and intellectual property rights or regulatory standards for the protection of personal data;
  • • use Kiira to insult, defame, intimidate, violate its own image or harass other users or any other third parties;
  • • enter the email accounts; profiles; and/ or any other personal data of other users;
  • • introduce computer viruses, defective files, or any other computer program that may cause damage or changes to the contents of Kiira's systems or third parties;
  • • send emails of a massive and/or repetitive nature to a plurality of people, nor send email addresses of third parties without their consent;
  • • carry out advertising activities for goods or services without Kiira's prior consent, which consent may be withheld with or without justification.

Any user may report another user when he/she considers that they do not comply with these general cconditions of use. Furthermore, all users may inform Kiira of any abuse or vulnerability of these conditions, through the contact fform. Kiira will verify this report as soon as possible, and take the measures it deems appropriate, reserving the right to withdraw and/or suspend any Kiira user for non-compliance with these terms of use. Kiira also reserves the right to withdraw and/or suspend any message(s) with illegal or offensive content, without prior notice or further notification.

2. Access and registration for customers

To be a Kiira user, it is essential that the following requirements are met:

  • • Be of legal age.
  • • Completely fill in the mandatory fields of the registration form, in which personal data such as username, e-mail and telephone number are requested.
  • • Accept & consent to these terms of use.
  • • Accept the privacy and data protection policy.
  • • Accept the cookie policy.

The user guarantees that all data about their identity is true, correct, and complete; pledging to keep it up to date.

If a user provides any false, incorrect, or incomplete data or if Kiira considers that there are good reasons to doubt their veracity, accuracy, and integrity, Kiira may deny access at present or future use of Kiira or any of its content and/or services.

The user undertakes not to disclose data relating to their account or make them accessible to third parties. The user will be solely responsible in case of access and/or use of this data by third parties, including all acts carried out at Kiira or any other expression of will when using the username and/or password.

Kiira cannot guarantee the identity of registered users, therefore, it will not be responsible for the misuse of a certain profile of a registered user, by non-registered third parties. Users undertake to immediately inform Kiira of the removal, disclosure or loss of their username or password, through the contact form.

3. Opinion / evaluation

We appreciate your opinion. Please be aware that when submitting content to this platform by email, platform postings or otherwise, including any ratings of questions, comments, suggestions, ideas, or similar forms contained in any submission (collectively, "Submissions"), the user shall grant to Kiira and its affiliates the non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to such submissions. For purposes of these terms and conditions, contents and submissions shall include but is not limited to messages, data, information, text, music, sound, photographs, graphics, codes, or any other material.

Kiira contains evaluation services or other forums on which the user can leave comments about their experiences. The user will be solely responsible for his/her comments and ratings, for which he/she expressly agrees not to use this platform to post, transmit or publish:

  • • content that is illegal, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, provocative, threatening, infringing privacy or publicity rights, abusive, inciting, fraudulent or otherwise objectionable;
  • • content that may constitute, encourage or provide instructions for an offence, violation of any party's rights or that otherwise creates civil liability or violates any local, state, national or international law;
  • • content that may infringe on any patent, trademark, trade secret, copyright or other intellectual property rights or proprietary rights of any party;
  • • content that impersonates any person or entity or misrepresents your affiliation with a person or entity, including Kiira;
  • • unsolicited promotions, political campaigns, advertisements, contests, sweepstakes or solicitations;
  • • third-party private information, including, without limitation, last name (family name), addresses, telephone numbers, email addresses, social security number and credit card numbers.

Kiira assumes no responsibility for any content posted, stored, or uploaded by the user, or for loss or damage, and is also not responsible for any error, defamation, slander, omission, falsehood, obscenity, pornography, or rudeness that the user may identify.

As an interactive service provider, Kiira is not responsible for any statements, representations or content provided by users in any public forum, personal page, or other interactive areas.

Although Kiira has no obligation to select, edit or monitor any content posted or distributed through its platform, Kiira reserves the right, in its absolute discretion, to remove, analyse, translate, or edit, without prior notice, any content posted or stored on this platform at any time and for any reason, or performing such actions through third parties on your behalf. The user is solely responsible for the creation of backup copies and the replacement of any content that they publish or store on this platform at their sole expense.

4. User obligations

Users are fully responsible for the access and correct use of their profile and contents of Kiira in relation to these terms of use, to current legislation, whether national or international, provided that it is applicable in the country from which the user accesses Kiira, thus as to the principles of good faith, morals, good customs and public order.

Users shall refrain from using their profile and the contents of Kiira with unlawful purposes or effects which are harmful to the rights and interests of third parties, or which in any way may damage, disable, affect, or deteriorate Kiira, its contents, and services. Also, it is forbidden to prevent the normal use of Kiira by other users.

5. Disclaimer & limitation liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS KIIRA'S LIABILITY TO YOU FOR PROBLEMS THAT MAY ARISE AS A RESULT OF YOUR USE OF THIS PLATFORM. IF YOU DO NOT UNDERSTAND THE TERMS CONTAINED IN THIS SECTION OR ANY OTHER FEATURES OF THE PLATFORM, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS PLATFORM.

  • • We do not guarantee the operation of Kiira or the information, content, tools, or materials on the platform. You agree to use Kiira at your own risk.
  • • We do not guarantee that (i) Kiira (ii) the information, content, tools, or materials included on Kiira (iii) that any electronic communications sent by us are free from viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of the digital companion or from any information, content, tools, or materials included on or otherwise made available to you through the digital companion, including for direct, incidental, punitive and/or consequential damages.
  • • We are fully committed to providing you with the best possible service. However, we are not responsible for:
    • • any any interrupted, delayed, or failed transmission, storage, or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond our reasonable control of or
    • • any any inaccurate, incomplete, or inadequate information obtained from the digital companion supplied by you.
  • • Neither will we be responsible for any direct or indirect loss or damages that may arise from:
    • • any any of the events described in this paragraph or the paragraphs above;
    • • any your actions or omissions that result in a breach of these terms and conditions;
    • • any a denial of access to the website should we believe or have reason to believe that you are conducting activities that are illegal, abusive, and would attack the integrity of Kiira or put PSI in disrepute; or
    • • any your reliance on any of the information, content, tools or materials that you obtain from the digital companion.
  • • To the extent that clinical information may be provided on the digital companion, it is based on best practice and on current recommendations and guidelines. These obviously change from time to time. The information provided should by no means replace the advice of a registered healthcare provider. You should not discontinue any treatment you may be receiving based on information reflected on this digital companion without first consulting your healthcare provider. You should also seek professional advice immediately should any symptoms you may be experiencing persist.

Kiira cannot guarantee the identity of registered users, therefore, it will not be responsible for the misuse of a certain profile of a registered user, by non-registered third parties. Users undertake to immediately inform Kiira of the removal, disclosure or loss of their username or password, through the contact form.

Kiira assumes no responsibility for any content posted, stored or uploaded by the user, or for loss or damage, and is also not responsible for any error, defamation, slander, omission, falsehood, obscenity, pornography or rudeness that the user may identify.

As an interactive service provider, Kiira is not responsible for any statements, representations or content provided by users on any public forum, personal page, or other interactive areas.

Although Kiira has no obligation to select, edit or monitor any content posted or distributed through its platform, Kiira reserves the right, in its absolute discretion, to remove, analyse, translate, or edit, without prior notice, any content posted or stored on this platform at any time and for any reason, or performing such actions through third parties on your behalf. The user is solely responsible for the creation of backup copies and the replacement of any content that they publish or store on this platform at their sole expense.

Anyone who does not comply with these obligations will be liable for any loss or damage caused. Kiira will not be liable for any consequences, damages or losses that may arise from access or illegal use by third parties.

6. Platform update and modification

Kiira reserves the right to modify, at any time and without prior notice, these terms of use, the privacy policy, and the cookie policy. Your use of these terms of use, the privacy and cookie, after modification will be regarded as your acceptance of the modified terms. Users must carefully read these terms of use when entering Kiira. In any case, acceptance of the terms of use will be a prior and essential step to access the services and content available through Kiira.

Kiira reserves the right to carry out, at any time and without prior notice, updates, modifications, or deletion of information contained on Kiira, in the configuration and presentation of this and access conditions, without assuming any responsibility for this. Kiira does not guarantee the inexistence of interruptions or errors in the access of Kiira or its content, nor that it is always up to date. However, Kiira will carry out and implement it, provided that causes that make it impossible or difficult to carry out do not compete, and as soon as there is news of errors, disconnections or lack of content updates, all works aimed at remedying the errors, re-establishing communication, and updating the contents.

7. Intellectual property

Kiira is the owner or licensee of all intellectual and industrial property rights included on Kiira as well as the content accessible through it. Kiira’s intellectual property rights, as well as: texts, images, graphic design, navigation structure, information and contents collected therein are owned by Kiira or licensed by it, who are responsible for exercising the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the Washington D.C. USA legislation on intellectual and industrial property rights.

Authorization for the user to access Kiira does not imply the waiver, transfer, license or total or partial assignment of intellectual or industrial property rights by Kiira. It is not allowed to suppress, evade, or manipulate in any way the contents of Kiira. In addition, it is strictly prohibited to modify, copy, reuse, explore, reproduce, communicate publicly, make second or subsequent publications, upload files, send by email, transmit, use, process or distribute in any way all or part of the contents included on Kiira for public or commercial purposes, without the express written permission of Kiira or the rights holder.

The user who proceeds to share any type of content through Kiira, guarantees that they have the necessary rights to do so, and Kiira is exempt from any responsibility for the content and legality of the information presented. The provision of content by users through Kiira will imply the assignment to Kiira, free of charge, and to the maximum extent permitted by current legislation, of the rights to exploit intellectual or industrial property derived from such content.

8. Jurisdiction and applicable law

This platform is operated by a company incorporated and regulated in accordance with the laws of Washington D.C. USA, and these terms of use are governed by the laws of the republic of Washington D.C. USA. Thus, the user agrees to the non-exclusive jurisdiction and venue of the Washington D.C. USA courts and guarantees the fairness and convenience of proceedings in such courts for all disputes arising out of or related to the use of this platform. The user agrees that all claims you may have against Kiira arising out of or relating to this platform must be heard and resolved by a competent court located in Washington D.C. USA. The use of this platform is not authorized in any jurisdiction where these terms of use do not have effect for all respective provisions.

Privacy policies

Kiira wants the user to feel confident in using the platform and is committed to protecting the information it collects. While no site can guarantee absolute security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are allowed to access personal information and may only do so to perform permitted business functions. In addition, we use encryption when transmitting the user's personal information between the respective system and the system used by Kiira, and that of the partners with whom we share confidential information. Additionally, we use firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to user information. Kiira collects, processes, and transmits the personal data of users in accordance with the applicable provisions of the data protection law in force in Washington D.C. USA.

Kiira receives and stores any information that the user enters on the platform or provides in any other way. This includes information that can identify the user (personal information), such as the first and last name, telephone number, and e-mail, username. We also store data about user surveys and comments. The user has the option of not providing information, but, in general, some information about the user is necessary for them to receive relevant offers from Kiira and its partners and to enjoy other advantages of being a registered user. For example, only registered members can access courses.

Kiira may collect data about the user's location, if the user has configured their device to send this data to the application through the device's privacy settings, or if the user has uploaded photos with tags containing location information. Kiira may use the location information collected on the user device to improve the use of the application by providing you with relevant content and contextual advertising. Kiira may also collect information about the user's searches and, considering their location, may suggest services/establishments and/or products that may be relevant to the user.

Kiira automatically collects some information from the user's computer or device when the user uses the Kiira Saúde platform. For example, Kiira will collect session data, including the user's IP address, operating system and telephone type. One of Kiira’s reasons in collecting such information is to try to understand the user's interests and preferences to personalize and improve the User's experience.

Other documents governing privacy and data protection

These terms and conditions are not necessarily exhaustive. Specific matters may be governed by other data protection statements, similar documents, or terms and conditions of use. Where that is so, a link to any such documents will be made available to the user.