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MyPregnancyNotes (6.0.22179.1) is part of the K2 Athena™ suite, developed by K2 Medical Systems.
© 2023 K2 Medical Systems Ltd. Registered in England and Wales under Company Number 3809089.
Registered Office: Summit House, 26 William Prance Road, Plymouth, PL6 5WR.
Terms of Service
1. Welcome to My Pregnancy Notes/K2 Hampton (the Service), a service operated by K2 Medical Systems Limited (Us or We), a company registered in England and Wales with Registered Number 03809089, on behalf of NHS Trusts and other health care providers who may be responsible for providing healthcare services at a national or local level (the Healthcare Providers).
2. Your use of the Service is governed by these terms.
3. In these terms, we will use the following phrases:
• Clinician is a collective term for antenatal healthcare professionals including for example midwives and GPs;
• MCP(s) means "Maternity Care Providers" which is a collective term for the facilities and locations in which Clinicians are based such as hospitals and birth centres;
• Personal Data means any information that relates to you as an individual person;
• Pre-Booking Stage describes the use of the Service to book you into the care of a specific MCP where certain information is collected by the Healthcare Providers and must be provided you;
• Sharing Page means your use of the Service where you can choose to share your Personal Data with your MCP after the Pre-Booking Stage.
4. You may only use the Service if you reside in the United Kingdom.
The Service does not provide medical advice or treatment
5. The Service acts as a tool to book you into the care of an MCP during the Pre-Booking Stage and you can then use the Service to share information about your pregnancy with your MCP or use the Service for your own note-keeping purposes regarding your pregnancy.
6. We are not a Healthcare Provider and we do not offer medical advice or treatment or interpret or 'use' medical data. As a result of you inputting (or failing to input) data on the Service, we will not contact you or alert your MCP, any other Healthcare Provider or the emergency services regarding your pregnancy.
7. The Service should never be used as a way to alert Clinicians to a medical emergency or during a medical emergency. If you have any medical concerns regarding your pregnancy, you should promptly contact your MCP, your GP or, in an emergency, dial 999.
8. Please consult your MCP, your doctor or other qualified healthcare professional if you have any questions about a medical condition, or before taking any drug, changing your diet, exercise plans or commencing or discontinuing any course of treatment during your pregnancy.
9. Whilst we endeavour to ensure that Service is normally available 24 hours a day, we shall not be liable if for any reason the Service is unavailable at any time or for any period.
10. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11. You are prohibited from posting or transmitting to or from the Service any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to advocate bigotry, incite religious racial or ethnic hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) which is the personal information or sensitive personal information of another person or otherwise violates the privacy of another person; or
c) for which you have not obtained all necessary approvals and/or licences; or
d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party; or
e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
f) impersonates or misrepresents your affiliation with any person or entity.
12. You may not misuse the Service (including, without limitation, by hacking).
13. We shall co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this condition.
14. You are permitted to print from the Service information for your own personal use on the following basis:
a) printed files are not modified in any way;
b) no graphics from the Service are used separately from the corresponding text; and
c) all copyright and trademark notices (whether our own, or those of a Healthcare Provider) appear in all copies.
15. Unless otherwise stated, the copyright and other intellectual property rights in all content (excluding your Personal Data) on the Service (including without limitation photographs and graphical images) are owned by us or our licensors.
16. Use of any extracts from the Service other than in accordance with this clause is prohibited for any purpose.
17. Any rights not expressly granted in these terms are reserved by us.
18. You may not resell or redistribute the Service, or any part of the Service.
19. All information you upload to the Service during the Pre-Booking Stage and during the Sharing Stage must be accurate and complete.
20. You are responsible for the security of your passwords and for any use of your account.
21. You must immediately notify us of any unauthorised use of your password or account by emailing email@example.com
Use of Your Information
23. We reserve the right to contact you in order to update you on important changes to the Service.
24. We and our licensors own all intellectual property rights in the Service, and we give you a personal, revocable, non-assignable, and non-exclusive licence to use the Service.
Modification and Termination of the Service
25. We may place limits on, modify, suspend or terminate the Service generally, and may suspend or terminate your use of the Service if you fail to comply with these terms. This suspension or termination may delete your information, files, and other previously available content. If we terminate the Service or your use of the Service, these terms will also terminate, but paragraphs 2, 6, 7, 8, 12, 13, and 14 shall continue to be effective after these terms are terminated.
Changes to these terms
26. We may change these terms and will post the modified terms on this page and provide a summary of changes since the previous version.
General Legal Terms
28. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the essential purpose of the unenforceable provision.
29. We may assign our obligations, in whole or in part, at any time and without notice to you. The Service governed by these terms is solely for your benefit and ours. It is not for the benefit of any other person.
30. The Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for this legal notice, might have effect in relation to the Service.
31. We, any other party (whether or not involved in creating, producing, maintaining or delivering the Service), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with Service in any way or in connection with the use, inability to use or the results of your use of the Service, , including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Service or your downloading of any information from the Service.
32. Nothing in this legal notice shall exclude or limit our liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded or limited under applicable law.
33. If your use of the Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Governing law and jurisdiction
34. These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.
Terms and Conditions version 18 last updated on Friday 20 March 2020 15:54
|What data we have||We collect account registration data and any data that you provide (which is likely to include medical data and information about your personal circumstances)|
|Our relationship with you||If your Healthcare Provider uses K2 MPN, then we don't make any of the decisions about your data at all – we just provide a service to your Healthcare Provider and they make the decisions about what data we have and what happens to it. |
If you use K2 MPN without linking your account registration up with a Healthcare Provider then we have a direct relationship with you and we will be a "data controller" of your data.
|Where is your data||Your data is stored in the UK on equipment (servers) controlled by Microsoft. We have a contract with Microsoft and they can only use the data to provide the service to us (in the same way that we will only use your data to provide a service either to the NHS or to you).|
|How you can get in touch or find out more||You have got various rights to access, correct and delete your data. More information is set out below. We can be contacted on: 01752 397800 or email: firstname.lastname@example.org. You can also contact your Healthcare Provider to find out more about how your data will be used.|
K2 Medical Systems Limited (referred to in this policy as K2 or we) provides technology and digital services (the Services) to various NHS Trusts and other healthcare providers who may be responsible for providing healthcare services at a national or local level (the Healthcare Providers).
K2 Medical Systems Limited is a company established in England with its registered address at K2 Medical Systems, 26 William Prance Road, Derriford, Plymouth, Devon, PL6 5WR (company number 03809089). We are registered with the ICO as a data processor and as such we are not required to register a Data Protection Officer although we can be contacted on: 01752 397800 or email: email@example.com with any queries relating to data protection.
In this Privacy Notice we will use the following phrases:
We provide the Services to the Healthcare Providers in the context of strict clinical requirements and guidelines that apply at both national and local level and as such we do not usually determine or influence how your personal data is processed, and in the majority of cases we only process your data on the instructions of the Healthcare Providers involved in your care. For the purposes of data protection law (including the General Data Protection Regulation, GDPR, which you may have heard of), when K2 is processing your data on the instructions of the Healthcare Providers we act as "data processors". We have set out below the limited scope of our role as a data processor.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk, 0303 123 1113). We would, however, always appreciate the chance to deal with any concerns before you approach the ICO so please contact us in the first instance.
We would also recommend that you contact your MCP or local NHS Trust if you have broader concerns about the way that your Personal Data is used in the context of the provision of maternity care.
You may not have given any thought to how your Personal Data is used by Healthcare Providers, but there are some very well-established protocols that determine when data is accessible to different parties within the broader health and social care system. Digital healthcare services are however still considered relatively innovative.
K2 is not a healthcare provider, nor does K2 provide medical advice or interpret or 'use' medical data.
K2 is a technology provider specialised in developing technology and digital services that can be used by Healthcare Providers. We have developed the K2 MPN platform alongside Clinicians and Healthcare providers to make sure that it is fit for purpose.
The main function of the K2 MPN technology is to facilitate the delivery of digital maternity notes to Women by their Clinicians and their chosen MCP.
Healthcare Providers can deploy the K2 MPN in a variety of ways, including using it on a standalone basis or by integrating it with other 'on site' systems that they use. You should contact your MCP to find out how they use the K2 MPN. In any case, where your MCP has chosen the K2 MPN as its digital maternity notes system, we will be using your Personal Data and providing the Services solely on the basis that we act as a service provider (and data processor) for the Healthcare Provider and so our use of your Personal Data will be limited to use in accordance with the Healthcare Provider's instructions.
Women under the care of a particular MCP where the MCP or relevant Healthcare Provider has deployed the K2 MPN will be directed to self-report their pregnancy through a K2 MPN webpage. Where Women do not have access to the internet and/or require additional help and support, the mandatory information may be entered through the K2 MPN on the Women's behalf.
The collection of data at the Pre-Booking Stage includes of a series of mandatory and optional questions (all developed in close consultation with Clinicians and Trusts). It will be clearly indicated which questions are mandatory and which are optional. The optional information may include marital status, ethnicity, NHS Number, height and weight and additional medical and lifestyle information.
Information provided at the Pre-Booking Stage will be shared with your MCP. The collection of Personal Data through the K2 MPN platform at this stage is carried out solely on the instructions of the relevant Healthcare Provider.At the Sharing Stage:
At the end of the Pre-Booking Stage (i.e. once you have self-reported the pregnancy through the K2 MPN), you will be asked whether you wish to move into the Sharing Stage. In the main, this is an optional process but may be encouraged or in some cases mandated by your Clinicians and MCP. If you proceed to the Sharing Stage, the information submitted at the Sharing Stage will be shared with your MCP and relevant Clinicians.
If you proceed to the Sharing Stage, an ePHR will be created that will be used by your Clinicians and MCP throughout the pregnancy unless you choose to revoke the sharing of your Personal Data with the MCP and Clinicians.
K2 acts as a service provider to the Healthcare Providers and therefore processes your Personal Data only on the instructions of the relevant Healthcare Provider. Your MCP and Clinicians will be able to tell you more about how your Personal Data is used in the hospital setting and as part of your maternity care.
Most of the Personal Data that K2 processes is data that Women provide directly by entering it into the K2 MPN platform.
Where the relevant MCP has deployed the K2 MPN (in other words, where K2 acts as a service provider to the Healthcare Providers), additional Personal Data will be added to the K2 MPN from the Clinicians and from the "on site" systems used by the relevant Healthcare Providers (i.e. data will come from the Clinicians and MCP into the K2 MPN). Your Clinicians and MCP will be able to provide you with more information about where else they may collect data from.
We do not transfer your personal data outside of the UK.
We have put in place very robust security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to Users' Personal Data to those employees, agents, contractors and other third parties who have a need to know. We have implemented measures to ensure that they will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you, the Healthcare Providers and any applicable regulator of a breach where we are required to do so under applicable laws.
Your MCP and the relevant Healthcare Providers should be able to tell you more about how your Personal Data is secured when it processed by them.
We retain Personal Data about you for as long as we are required to do so by the relevant Healthcare Provider.
When we provide Users with the User Only Service version of the K2 MPN, we will only retain Personal Data for as long as you continue to have an account registered on the K2 MPN.
You can ask us to delete your Personal Data at any time by contacting us at support.k2ms.com. Any request to delete or amend data must be received by K2 in a written format, we cannot accept a phone conversation as evidence for wishing to delete or amend your data. We may also ask you to provide additional information to help us identify you for verification reasons.
You can exercise the following rights by contacting your MCP or Healthcare Provider. If you have any questions or if you want to exercise any of the rights described below, please contact us by email on firstname.lastname@example.org.
|Right of Access||Commonly known as a "data subject access request" this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.|
|Right of Correction||This enables you to have any incomplete or inaccurate data we hold about you corrected.|
|Right of Erasure||This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it or where you have successfully exercised your right to object to processing.|
|Right to object to processing||Where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.|
|Right to request restriction of processing||This enables you to ask us to suspend the processing of your personal data in a number of specific scenarios including; where you want to establish the data's accuracy and where you wish us to hold it our use of the data is unlawful but you do not want us to erase it, where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims and where you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.|
|Right to Transfer||We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.|
As described above, your Personal Data will be shared with your MCP since the MCP or Healthcare Provider is the data controller responsible for the use of your data. At the Pre-Booking Stage (and if you proceed to the Sharing Stage), all of the data that you provide will be shared with your MCP (and therefore with Clinicians involved in your care).
We have engaged with a service provider called Microsoft Azure to provide data storage services. Your Personal Data will be stored on equipment (servers) controlled by Microsoft Azure. We have a written agreement in place with Microsoft Azure and they are obliged to protect the data's confidentiality, integrity and availability (i.e. they are obliged to keep the data secure).
We could merge with or be acquired by another business. If this happens we share the information that relates to you. You will be sent notice of such an event where required by applicable laws.
In the unlikely event that it is necessary, we reserve the right to disclose your personal data in order to comply with the law, applicable regulations and government requests. We also reserve the right to use such information in order to protect our operating systems and integrity as well as other users.
When K2 provide services, we want to make them easy, useful and reliable. Where services are delivered over the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
These pieces of information are used to improve services for you through, for example:
Please note that the cookie providers listed below may distribute the gathered cookie information with other third party websites for the purpose of activity tracking. You can find out more about the policy of each cookie provider on their respective privacy pages.
Please by aware that the providers listed below may change their cookie names without notice.
As an example, we use the following cookies on our website:Necessary
The following cookies are listed as Marketing cookies as they could be used to for targeting ads. However, K2 only utilises these cookies as they are also mandatory to distinguish between bots and humans using the Recaptcha technology. K2 are categorically not using these cookies to target ads, as K2 does not have advertising in use on the website.Provider: Google
However, if you wish to restrict or block the cookies which are set by our websites, or indeed any other website, you can do this through your browser settings.
You can also visit www.aboutcookies.org which contains information on how to make these changes on a wide variety of browsers. You will find details on how to delete cookies from your machine as well as more general information about cookies. Please be aware that restricting cookies may impact on the functionality of our website.
If you wish to view your cookie code, just click on a cookie to open it. You'll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.
For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
MyPregnancyNotes™ (MPN) is cloud hosted software that shares clinical maternity information between care providers and pregnant women, accessed via their personal digital devices. MPN enables clinical connectivity, oversight, care planning and health monitoring. It allows women to contribute to their digital maternity notes and access information. MPN may also integrate with the Maternity Information Systems allowing integration of the MPN data record with the maternity unit electronic patient information system.
Under care provider management, MPN allows women to home monitor by entering clinical measurements into their MPN record where the data is available for clinical oversight. MPN will prompt women to seek a clinical care appointment if measurements exceed clinically determined concern thresholds. Clinical caregivers also have highlighted visibility of concerning measurements. MPN enables the safe reduction of clinic appointments to the benefit of clinical services and the woman who will be spared time and cost to attend in person. Maternal blood pressure, urine protein, blood glucose, and temperature measurements may be home monitored, as determined by MPN licensing and configuration.
The woman is instructed to seek professional clinical advice if she has any concerns and the clinician remains responsible for the continued care. Women may also access MPN independently without caregiving organisation enrolment or oversight. In this scenario MPN acts as a pregnancy note and record taking tool only.
MyPregnancyNotes™ bears a CE mark to denote conformity with the provisions of the Council Directive 93/42/EEC covering medical devices.
K2 Medical Systems Ltd
26 William Prance Road
If the User perceives a problem with the system, then this should be reported to a System Administrator, or senior staff member, in the first instance. If an issue cannot be resolved internally and is directly attributed to MyPregnancyNotes™, then this should be escalated to K2’s Support Team, as per the Service Level Agreement.
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