Terms of Use

Terms of Use – Website of Assuta Ashdod

General

1. Assuta Ashdod Public Hospital (R.A.) (“Assuta”) operates this Website (the “Website”), which offers the Users of this Website to receive information in various areas related to Assuta’s areas of activity and to perform certain actions. The Website also includes the option to receive personal information, including medical information and other relevant information regarding medical treatment at Assuta, for Users who have undergone a registration process and have been approved by Assuta (“Authorized Users”), as well as the ability to upload or enter information into the personal area of the Authorized Users. Authorized Users may perform certain actions under Assuta’s authorization and as set forth on the Website.

2. Any use of this Website, including receiving information and services through it, is subject to these Terms of Use (the "Terms of Use" or the "Terms") and Assuta's Privacy Policy detailed in Section J below, which is also available here.

3. Without derogating from the above, the use of the Website, and making any use of it and/or the services it offers shall be deemed as the User's consent to these Terms, and as a declaration of legal competency to give undertakings according to these Terms. Therefore, the Terms of Use should be read carefully.

4. The Terms of Use of the Website are worded in the masculine gender for convenience only and they apply to all genders alike. Any reference in these Terms of Use in the singular shall also be construed to include the plural.

5. The chapters of the titles are provided for the convenience and orientation of the User and will not be used for interpreting the Terms of Use.

6. Assuta reserves the right to change the Terms of Use at its sole reasonable discretion under the circumstances, and without prior notice, subject to applicable law. The User will not have any claim, lawsuit or demand towards Assuta regarding the Terms of Use or any changes thereto, and Assuta will not be liable for any damage caused to the User in connection with such change, to the maximum extent permitted by applicable law.

7. If you are under the age of 18, please read these Terms carefully and thoroughly with your parents (or other legal guardian). If you (or your parents) do not agree to the Terms of Use of the Website, all or in part, you may not use the Website for any purpose.

8. In the Terms of Use, each of the following terms shall have the meaning that appears next to it:

8.1. “Information” - any information displayed on the Website, including medical information (whether about a specific patient or general information), textual information, contents, updates, articles, documentation, plans, drawings, details, facts, materials, documents, procedures, sketches. software, captions, signs, symbols logos, characters, files, texts, visual information (including images and videos), addresses, computer codes and files.

8.2. “User” - any person who enters the Website or browses the Website, for any purpose, whether the use is regular or occasional, including (without limitation) an Authorized User.

8.3. The “Device” - the computer, communication equipment (including the modem), telephone, cellphone (including smartphones) and any equipment, hardware and software used by you on the Website and all of its accompanying functions, including information- security.

9. In the event of any contradiction or inconsistency between these Terms of Use and any other terms, provisions, or publications appearing in any other media, the provisions of these Terms of Use shall prevail. For the avoidance of doubt, these Terms of Use do not derogate from or modify any other agreement between the User and Assuta.

10. With respect to any use of the Website made by the User on behalf of another person or entity, the User represents and warrants that they have obtained all necessary consents, permits, and authorizations to make such use on behalf of that person or entity and that such person or entity accepts these Terms of Use. In the case of an entity, the User further represents and warrants that they are acting on behalf of the entity in accordance with and subject to the entity’s corporate documents. The User undertakes to indemnify Assuta and/or anyone acting on its behalf for any damage or loss incurred by Assuta and/or anyone acting on its behalf as a result of any claim and/or demand made by any person and/or entity (including the entity on whose behalf the User is acting) in connection with the use of the Website and/or the service and/or any other services offered on the Website and/or any unlawful use by the User.

11. The computer records of Assuta regarding the actions performed on the Website and/or through the Website shall be considered prima facie evidence of the accuracy of the actions, and they shall constitute the sole evidence.

12. The use of the Website is open and available to everyone at no charge. However, Assuta reserves the right to charge a fee for the use of the services on the Website, in whole or in part, in accordance with the terms Assuta will set on this matter at its sole discretion, and subject to applicable law.

B. The Website and the Services

13. The Website may provide Users with information regarding the various medical services offered by Assuta, the areas of activity and research in Assuta, and employment opportunities in Assuta. Additionally, the Website may allow Users to contact Assuta and its representatives, or make an appointment for the medical services offered by Assuta. In addition, the Website may allow Authorized Users to receive various online services offered by Assuta individually and tailored to Authorized Users, including: receiving test results, a request for an appointment to perform tests, a request for a commitment form for surgery, receiving e-mails or SMS messages about test dates and appointments, regarding the cancellation of appointments and other notices and more through the Personal Account (as defined hereafter).

14. Assuta shall have the right, subject to applicable law, to cease the operation the Website at any time, whether for a fixed period or permanently, all in accordance with its sole reasonable discretion, and without prior notice. In this regard, Assuta shall be entitled, subject to any law, to remove any application, service, or specific content from the Website, to restrict or block the information contained on the Website and/or the services provided through it (all or in part) to a User, including an Authorized User, temporarily or permanently, in the event that the User used the information contrary to the requirements of any law or contrary to the provisions of the Terms of Use or for any other reasonable reason, at Assuta’s discretion. Without derogating from any other limitation of liability under these Terms of Use and to the extent permitted by applicable law, Assuta shall not be liable for any loss of information and/or any other damages, whether direct or indirect, arising from and/or related to its decisions under this section.

15. Assuta may from time to time change the structure of the Website, its appearance, content, scope and availability of the services and content provided on it, without prior notice. The User will not have any claim, lawsuit or demand against Assuta, and Assuta will not be liable for any damage caused to the User in connection with such change, to the extent permitted by applicable law.

16. Assuta may allow Users to contact Assuta representatives through various online means, as set forth on the Website. It is clarified that in order to apply through some of the Online Platforms (each of which will hereinafter be referred to as the “Online Platform”), the User may be required to hold an up-to-date account with the third party providing the Online Platform. Thus, for example, for the purpose of an online application via the social network “Facebook”, the User will be required to have an up-to-date account on the “Facebook” platform on which the application is made. For the avoidance of doubt, Assuta is not responsible for the Online Platforms, for their propriety or availability and the User will be responsible for holding all the means (including up-to-date accounts or relevant devices) for the purpose of executing the online contractual engagement. Any use of an Online Platform shall be subject to the individual Terms of Use of the relevant Online Platform.

C. Personal Account for Authorized Users and Personal Service

17. As part of the services provided on the Website, Assuta may allow Authorized Users to perform certain actions, to provide certain information or receive certain information online, through an assigned account which will receive access to a Personal Account on the Website (the “Personal Account”). For the avoidance of doubt, Assuta will be entitled to restrict access to the Website or to the services on the Website, all or in part, to Authorized Users only, in accordance with its sole discretion.

18. The Personal Account may contain (among other things) personal, confidential and sensitive medical information, which is protected by law and therefore if you receive Means of Access to the Personal Account, including Username and password (“Means of Access”), you must keep the Means of Access completely confidential and refrain from conveying them to any unauthorized third party, including storing the data on a computer, cellular device and/or any other device that allows it to be connected to the internet.

19. The Means of Access is personal only, and you alone may use the Means of Access issued to you (to the extent issued). Any use made of your Means of Access will be considered as if it was made by you personally. Accordingly, you undertake to pay any damage that will be caused due to the use of your Means of Access (even if it was used by another) and Assuta shall not bear any responsibility for any damage caused in connection with such use, including as a result of the leakage or exposure of sensitive medical information about the User. It is clarified that exposing the Means of Access - whether intentionally by the User or due to loss or theft - may lead to the leakage or exposure of sensitive medical information about the User.

20. The use of the Personal Account is intended only for Authorized Users, who have received a Means of Access from Assuta. No use may be made of the Personal Account in the event you have not received a Means of Access, including by using the Means of Access of another Authorized User.

21. Assuta will not be liable for any damage or loss which will be caused to an Authorized User due to a breach of his Personal Account or the activity of the Authorized User in his account.

22. In addition, Assuta may allow Users of the Website, even if they are not defined as Authorized Users, to use the Website and to receive certain services on the Website, including scheduling, canceling or changing appointments to Assuta. For providing this service, the User will be required to enter personal information, including an identity certificate number and telephone number and other details relevant to the requested service. For the avoidance of doubt, the provisions of sections 16 and 18 above shall apply, respectively and mutatis mutandis, regarding the services referred to in this section 19.

D. Use of the Website and of the Information

23. The User may only make personal use of the Website or information, and he may not make any commercial use of them, including for the purpose of making any profit. The User undertakes that he will not execute contractual engagements with third parties, for consideration or without, in relation to the information or part of it. It is clarified that the information published on the Website may not be used for the purpose of presenting it on the internet or in any other service, without obtaining Assuta’s prior written consent. The User undertakes that he will not store information through various types of software or distribute information displayed on the Website in public commercially or in a commercial framework or for any other purpose. The Website may not be displayed in a different design or graphical interface from those set by Assuta, except subject to receiving its prior written consent to do so. Furthermore, the Website may not be presented in a way that derogates in any way from the content contained therein.

24. The User undertakes to use the Website in good faith, subject to all laws, and in accordance with the provisions of these Terms of Use and Assuta’s guidelines. By entering the site, the User declares and undertakes that he will avoid any harm to Assuta or to any third parties through or in connection with the use of the Website.

25. It is the User’s responsibility to ascertain that the Device through which the Website is used meets all the operating requirements and technical requirements necessary in order to access the Website and receive the services offered within its framework, as Assuta is not responsible for ensuring that these requirements are compatible with the User's Device and/or that the Website, in whole or in part, will function properly on the User's Device. For the avoidance of doubt, these Terms of Use apply to the use of the Website and the services included therein on any device.

26. Without derogating from the generality of the aforesaid, the User undertakes that he will not cause or contribute to, whether by conduct, act or omission (directly or indirectly) any damage to Assuta or to third parties and that by using the Website he will not violate any right of Assuta or third party rights as mentioned including contractual, proprietary rights, copyrights, moral rights, quasi-proprietary rights, fiduciary duties, medical secrecy, trade secrets, trademarks and patents. The User also undertakes that he will not misuse the Website and he will not take any actions that could harm Assuta or other users, including defamation, invasion of privacy and making publications that are prohibited by law.

27. Embedding Videos - Videos may not be embedded from the Website without Assuta’s prior written permission in any site, including (but not limited to) in a site containing or hosting pornographic content, content that encourages racism or unlawful discrimination, illegal content or whose publication is against the law or that encourages activity which is against the law, or on sites where the very embedding of the video in them will be a violation of the moral copyright of a third party, including the creators of the video and the copyright holders of it. Assuta reserves the right not to allow videos to be embedded or to change the link to the video without having to notify you in advance and you will not have any claim, lawsuit or demand against Assuta for making such changes or malfunctions that occur due to making such changes. Assuta is entitled to order you to cancel any such embedding according to its sole discretion - in this case you will cancel the embedding immediately and you will have no claim, demand or lawsuit against Assuta in this matter. Assuta will not be liable at all for any damage caused as a result of the embedding of videos from the Website. You are fully and exclusively liable for any embedding, including arranging copyrights and payment to the relevant copyright/performers associations in accordance with any law, and you undertake to indemnify Assuta for any damage caused to it as a result.

28. Without derogating from the generality of the aforesaid, the User undertakes not to perform the following actions (all or in part):

28.1. Displaying content from the Website in any way - including through any software, device, accessory or communication protocol - that changes their design on the Website or that removes any content from them and in particular advertisements and commercial content;

28.2. Linking content from other sites to the Website, and/or to link the Website to other websites which is not the home page of the Website (“Deep Link”), provided that the Deep Link is to a web page on the other website in full and as is (AS IS), so it can be viewed and used exactly in the same way it is used and viewed on the Website. Furthermore, it is display and/or publish content from the Website in any other way, and in any case, it is forbidden to link to content from the Website on other websites, detached from the web pages on which they appear on the Website (for example: it is forbidden to link directly to an image or graphic file on the Website, but to the full page where they appear). Furthermore, the exact address of the web page on the Website must appear in the usual place designated for this in the user interface, for example: in the address bar (Status bar) in the User’s browser. This address may not be changed, distorted or hidden and it may not be replaced with any other address;

28.3. Impersonation of any person or other legal entity;

28.4. Loading, sending or transmitting material containing any type of computer virus, or any other computer code, designed to destroy, interfere with, or restrict the use (including any other use other than fair and reasonable use of the Site) of any of the computers, servers, hardware and software which is used by Assuta for the purpose of operating the Website, by other users or by any other third parties;

28.5. Distribution of spam or flooding by any other mail the servers through which the Website is operated;

28.6. Modifying, processing, adapting, sublicensing, translating, editing, selling, performing actions of reverse engineering, disassembling or reassembling any of the source code and/or any components that make up the Website, of the hardware and software used by Assuta for the operation of the Website;

28.7. Modifying, copying, duplicating, submitting, displaying, performing, copying, publishing, licensing, making available to the public, creating derivative works, transferring, selling or reselling any information, software, products, or services displayed on the Website, without obtaining Assuta’s prior written permission;

28.8. Use of any robot, worm, information retrieval search engine, or any automated, or other manual tool that is designed to index, to retrieve, to monitor, and to locate information on the Website, or such tool that is designed to reveal the structure of the database and the code on the Website. Such means may not be created or used to create a compilation, collection or repository that will contain content from the Website or impersonate any person or other legal entity that uses the Website;

28.9. Displaying information published on the Website or portions thereof within the framework of another site (Frame), or in other media, or as part of another service, without receiving the prior written consent of Assuta;

28.10. Placing a burden, disrupting or Interfering in any other way with the operation of the Website, including interference with the operation of the server and the computer network connected to the Website, including an action which at Assuta’s discretion will cause, or may cause, an unreasonable burden on the Website or the Website’s infrastructure, or circumventing the means employed by Assuta to limit or prevent access to or use of the Website, including means designed to prevent unauthorized use;

28.11. Uploading or sending through the Website any material and/or message that is illegal and/or immoral and/or offensive in any way and/or irrelevant;

29. The User undertakes to notify Assuta immediately of any fear of harm to Users or to third parties and of any existing or foreseeable violation of the provisions of the law or these Terms of Use. Assuta shall be entitled to take all measures available to it by law against a User who has violated the Terms of Use as mentioned, including the transfer of his details to third parties, subject to any law.

30. Without derogating from any other right of Assuta, in cases where a User breaches the Terms of Use and/or in cases where Assuta suspects that the User's use of the Website does not align with the Terms of Use and/or applicable law, Assuta shall be entitled to take all measures available under the law against the User, including (without limitation) suspending the User's activity on the Website services, including by blocking the User's IP address, tracking the User's use of the Website, transferring the User's details and behavioral patterns to the relevant authorities and/or third parties who can prove, to the satisfaction of Assuta, that they have been harmed by the User's infringing activity, as well as any other action that Assuta deems appropriate to protect its property and/or rights and/or the rights of Users and/or third parties.

31. Various notices and updates on behalf of Assuta, including by direct mail, may be sent to the User via the e-mail system, by regular post, via SMS, messages via messaging software or applications (such as WhatsApp) by facsimile, by an automatic dialing system, in “push” messages through the Device through which the User is using the Website or by any other means of communication, in accordance with the provisions of any law.

32. Without derogating from the above in section ‎28 Assuta shall be entitled at any time and without prior notice to update regarding inaccurate or erroneous information you have provided to it, to restrict and to refuse to provide you with access to the Website at the occurrence of one or more of the following cases:

32.1. If there is a concern that you have violated the provisions of these Terms of Use.

32.2. If it is unable to verify or validate information provided by you.

32.3. If it believes that your use of the Website constitutes a financial risk or fraud of any kind or if there is a reasonable concern of this.

32.4. If it believes that your actions may cause a financial loss or payment or create legal liability for you, it, for other users, for its clientele or for third parties.

32.5. If the information you have provided during your registration to the Website was incorrect or false.

E. Intellectual Property

33. All the copyrights and intellectual property rights in the Website the services provided on it and in all content contained therein (including text, graphics, software, images and photographs, videos, trademarks or symbols, designs, applications, computer code, logos (Logos), Look & Feel, etc.) of any kind, including (but not limited to) trademarks, trade secrets, and copyrights, whether registered or not, whether in the external interface, in the source code or in the target code, are the sole property of Assuta, or of a third party that authorized Assuta to use in them. You may not copy, distribute, publish, publicly display, publicly perform, convey to the public, modify, process, create derivative works, reverse engineer, broadcast, duplicate, sell or lease any part of the aforesaid, whether by you or through or together with a third party, in any way or by means which are electronic, mechanical, optical, photographic or recording means, or by any other means and way, without receiving the prior written consent of Assuta or from other holders of rights, as applicable and subject to the terms of the consent (to the extent that it is given). This provision is also valid with respect to any processing, editing or translation made by Assuta for content entered or submitted by you to the sites.

34. If such consent has been given, you must refrain from removing, deleting or disrupting any notice or mark regarding intellectual property rights, for example – Copyright mark ©, or Trademark ®, accompanying the content used by you.

35. The trademarks and advertisements of advertisers on the Website are the property of those advertisers only. They may not be used either without the prior written consent of the advertiser.

36. You hereby grant Assuta irrevocable and unconditional authorization to use the information you provide to Assuta or which is automatically collected during your visits to the Website or during your use of the Website (including the Personal Account), for creating anonymous statistical processing and in general for creating averaged data, aggregated data, performance tests or benchmarks, User preferences, comparisons, recommendations or for performing other calculations or creating derivative works based on information provided by you or collected about you, whether together with information obtained from third parties or not (the products of the said actions will be referred to hereafter as “Statistical Information”). Without derogating from the aforesaid, it is clarified that the statistical information is the exclusive property of Assuta and it has all the rights, including copyrights and intellectual property, in connection with the statistical information. Assuta will have an unlimited right to use, update, modify, improve, sell, lease, create derivative works or to make any other use of the statistical information without being required to give notice or without any obligation or liability towards you, all in accordance with the provisions of any law. For the avoidance of doubt, the User hereby assigns all the rights in the statistical information to Assuta, and it hereby waives any right in the statistical information or any claim in connection with any use of it.

F. Liability and Indemnification

37. The use of the Website and the services and content on the offered therein are available on an “As- Is” basis, without any commitment or warranty from Assuta. Additionally, all information and data contained on the Website, including information about the services offered, are updated and accurate only as of the relevant time of use. Any use made by the User is done without any commitment, representation, or liability of any kind by Assuta and/or on its behalf and the User will have no claim, lawsuit or demand against Assuta and/or anyone acting on its behalf, in connection with the foregoing, including in respect of the characteristics of the services or content on the Website, their capabilities, limitations or suitability for any purpose, including the User’s needs. Browsing and using the Website and its services, as well as viewing and relying on the content displayed on them is under the sole and complete responsibility of the User.

38. Assuta, its representatives, employees, managers, shareholders and acting on its behalf shall not be liable for any damage, direct or indirect, caused to the User or to any third party in connection with the User’s direct or indirect use of the Website, of the information or the reliance of the User on it, except in relation to information presented to the User in the framework of the personal services (subject to providing accurate, correct, updated, and reliable information that the User provided to Assuta, to the extent that the information displayed to the User in the personal area depends on or is derived from such Information that the User is required or asked to provide to Assuta). The provisions of section ‎41 hereafter shall apply to this information.

39. The User will not have any claim, demand or lawsuit against Assuta or anyone on its behalf for any damage, direct or indirect, in connection with the information and services offered on the Website or through it, their accuracy, reliability, completeness, being up-to-date or the frequency of their publication. The use and reliance on the information on the Website will be under at the sole responsibility of the User, except in relation to the information presented to the User as part of the personal services, except in relation to information presented to the User in the framework of the personal services (subject to providing accurate, correct, updated, and reliable information that the User provided to Assuta, to the extent that the information displayed to the User in the personal area depends on or is derived from such Information that the User is required or asked to provide to Assuta). The provisions of section ‎41 hereafter shall apply to this information.

40. General professional publications presented on the Website do not constitute advice or an opinion and they do not constitute a substitute for obtaining a professional personal opinion from a qualified party regarding the relevant and/or personal, and/or specific data or aspects of the User. Without derogating from the aforesaid, it is clarified that Assuta is not responsible for the correctness or accuracy of general medical information displayed on the Website, including explanations regarding tests and risks involved in medical procedures that are not directly related to the User, and that it is under the User’s responsibility to perform further testing and to receive appropriate professional advice in accordance with his needs.

41. To the extent that the User uses the Personal Account - it is clarified that the information appearing in the Personal Account does not exhaust the medical information about the User and it does not include all areas of medicine that may be relevant to him. Receipt of information provided through the personal services does not imply that the User is not required to take additional actions in order to promote his health, to treat an existing health condition or prevent his condition from deteriorating. Therefore, use of the Personal Account and the information presented within the Personal Account does not constitute a substitute for contacting caregiving parties for receiving personal advice and guidance according to the medical need.

42. Assuta will take various reasonable measures to ensure that information regarding the User is kept confidential. However, as is known, while these measures reduce the risks of information exposure or leakage, they do not provide absolute security, as storing and transmitting information through electronic means, including over the Internet, will never be completely secure. Therefore, Assuta does not guarantee that the Website will be entirely secure, and by using the Website, the User agrees that they are aware of the inherent risks involved and that Assuta will not be responsible in connection with the aforementioned, including (without limitation). the exposure of information provided by a User in the event of unlawful intrusion into the Website’s computer systems.

43. Assuta cannot guarantee that the activity of the Website will be continuous, without interruptions or without errors. It is possible that at certain times, certain areas, sections or content on the Website (including certain services), or the Website as a whole, will not be available (whether by prior planning or not by prior planning) or will be modified, removed or deleted by Assuta, under its sole and reasonable discretion under the circumstances, without providing any prior notice. Assuta will not be liable towards the User or towards any third party with respect to any unavailability, modification, removal or deletion of the Website or any areas, parts or contents of the Website.

44. It is clarified that Assuta’s systems, by virtue of being based on software, hardware and communication networks, are exposed to the risks inherent in such systems, including malicious software (viruses, trojan horses, etc.), eavesdropping on communication lines, hacking by hostile elements, impersonation of the Website or to any of the other online systems and scams. Assuta invests efforts in protecting against these risks, however despite this, there is no possibility of complete blocking and there may be damages or losses due to the realization of any of the risks, including disclosure or disruption of information transmitted or displayed in systems, including disruption in instructions/requests, unauthorized actions, disruptions the operation of the systems or in their response times, including non- execution, incorrect execution or late execution of an instruction/request, unavailability of the systems or any of their services, etc.

45. Without derogating from any of the provisions in these Terms of Use, Assuta shall not bear any liability, whether due to an act or omission, for any damage, loss or expense of any kind, including (without limitation) direct, indirect, incidental, consequential, and circumstantial damages, that may be caused to you and/or anyone on your behalf, directly or indirectly, as a result of any of the following events/factors:

45.1. A malfunction and/or delay and/or disruption in the use of the Website, the data or instructions, or non-execution or late execution of an actions as a result of any malfunctions or disruptions in the communication lines and/or telecommunication lines and/or internet systems and/or cellular networks and/or an electronic or mechanical malfunction, whether at you, whether at Assuta or at any third party through which the instructions and information pass.

45.2. Malfunction of any software or hardware you have (including anything related to the incompatibility of the Device or any malfunction in it).

45.3. Exposure and disclosure of information by you to any third party, as a result of using the Website or as a result of providing inaccurate information or as a result of transferring your device to another, including for the purpose of repairing the Device, including in the event that the other views information received from Assuta through the Device or performs various actions through it in the framework of the Website.

46. It is clarified that the aforesaid does not derogate from your responsibility regarding your Device, including its security. Furthermore it is clarified that certain actions that you take in the Device, such as “hacking it” may harm your use of the Website in addition to the fact that some of these actions may be illegal or prohibited.

47. Without derogating from the above, Assuta shall not be liable for any expense, loss, or damage incurred by you and/or anyone on your behalf for any reason beyond Assuta control, including (without limitation) as a result of an order and/or regulation and/or directive of a governmental authority, earthquake, storm, shortage of materials and/or public services and/or transportation services, fire, flood, explosion, accident, epidemic, strike, lockout, riots, public disorder, lockdown, war, terrorist act and/or hostility. Such events shall not be considered a breach of the Terms of Use and shall not entitle the User to any remedy and/or right. For the avoidance of doubt, and without derogating from the generality of the foregoing, it is clarified that the User shall have no claim or right concerning any actions taken by Assuta due to such malfunction and/or disruption.

48. It is clarified that the Website may contain inaccuracies or typographical and other errors and that it is not possible to entirely prevent errors, defects, or mistakes in the content and/or its transmission.

49. The User shall bear full liability for any violation of the Terms of Use by the User and shall indemnify compensate, and hold harmless Assuta and/or anyone on its behalf and/or any other affiliated party for any claim, demand, damage, loss, loss of profit, payment or expense incurred to it and/or anyone on its behalf, including attorney’s fees and legal expenses in connection with violation of these Terms of Use due to the User’s unlawful use of the Website.

G. Links to External Sites

50. It is possible that from time to time the Website will contain references and links to external sites, that are not operated by and/or affiliated with Assuta and/or over which Assuta has no control including recommendations of service providers and links made by parties that advertise through the Website, or it will contain accessory functions, extensions, “widgets” or tools that may be operated by third parties, lead to sites or web pages belonging to third parties or offer various offers and promotions on behalf of third parties (“Third Party Sites”). The publication of these Third Party Sites is for your convenience only, including for providing the User with access to information, products or services that may be of interest to him or be useful to him. The use of Third Party Sites or of any information or content on Third Party Sites to which the link leads is subject to strict caution and scrutiny and subject to the Terms of Use and privacy policy of each such Third Party Site.

51. It is clarified that, Assuta has no control or right over the content contained on these Third Party Sites. Also, Assuta does not bear any responsibility in the event that you have relied on or performed actions in accordance with what is found on these Third Party Sites. The links contained on the Website to Third Party Sites should not be construed as a recommendation, preference or approval to use the material or content or products that appear on Third Party Sites. Also, these links should not be construed as a guarantee of the reliability, accuracy or completeness of the information contained therein. Browsing and using third-party websites, as well as providing information through them or to their owners/operators, or any other actions taken on these websites, are solely the responsibility of the User and the owners/operators of the third-party websites, and no claim and/or demand and/or complaint shall be made or accepted against Assuta and/or anyone on its behalf in connection with the use or reliance on them.

52. If you find that the information located on Third Party Sites is material that appears to be improper, illegal, immoral or does not meet expectations of the User, you are asked to notify Assuta of this immediately.

H. Jurisdiction

53. No foreign law or international rules of choice of law shall apply whatsoever to any dispute pertaining to these Terms of Use. The law applicable to the Terms of Use, the use of this Website and any dispute, claim, or demand related to the Website, its content, and the services included therein will be the Israeli law only. The competent court in the State of Israel only shall have exclusive jurisdiction in any matter or dispute that arises in connection with the Website, the information or their use will be.

I. Privacy Policy

54. Assuta is committed to protecting and securing the privacy of your personal information. "Personal Information" refers to identifying information about a User who is a natural person and such information that reasonably identifies the User, such as name, ID number, medical information, etc. The Personal Information you share with Assuta is required for the purposes outlined in Assuta's Privacy Policy below, including in order to provide you with optimal medical service in Assuta’s various service centers to respond to your requests and inquiries, to properly manage the existing relationship between you and Assuta, and more, as applicable.

55. The collection and use of Personal Information that pertains to you, particularly that which you provide to Assuta or is received by Assuta through the Website, will be done in accordance with and subject to Assuta's Privacy Policy outlined in this Section ‎I and the provisions of any applicable law.

56. Assuta will manage the aforementioned Personal Information in computerized databases over which it has control. For any issues related to Assuta's Privacy Policy, you can contact us by phone 072-3399075.

57. The Privacy Policy hereafter explains the types of Personal Information we collect, the purposes for which we collect it, to whom we may transfer the Personal Information and for what purposes, and the measures we take in order to protect the data that we have in our possession. This privacy statement sets forth your rights regarding your Personal Information and the manner in which you may contact us regarding our Privacy Policy.

58. The Type of Personal Information which is Collected

58.1. Demographic information such as full name, ID no., email address, date of birth, gender, address, zip code, phone number, place of birth.

58.2. Various types of medical information, including personal and family medical history, information related to your current health condition, information on referrals to medical examinations and test results, information regarding medical appointments, information related to prescriptions for medications.

58.3. Without derogating from the aforesaid, we may also collect communication data and location data, such as IP and the location of the computer you used to browse the Assuta website, including the Device type, operating system type, language used, browser type, etc. Furthermore, we may collect information regarding your use of the Assuta website, including actions taken by you on the website, the duration of your visit, the pages you viewed, etc. However, it is clarified that Assuta may collect this type of information in an aggregated and/or statistical manner, such that it will not identify you and/or cannot reasonably be used to identify you, and in such cases, this information will be considered statistical information as defined in Section‎36, which is not subject to Assuta's Privacy Policy.

58.4. We may collect Personal Information related to your inquiries by phoning customer service or by online inquiry, and your inquiries to the appointment scheduling center, including recordings or records of the calls.

The information that will be provided to Assuta may be verified against information about you which Assuta already has in its possession, or by similar information provided to Assuta, or against any similar information held by any third party that will be lawfully provided to Assuta.

59. The Manner of Collecting the Information

59.1. The Personal Information is collected directly from you, or created through direct interaction with you; Personal Information you have provided and created in the framework of receiving medical services at one of Assuta’s centers, information you have provided as part of the process of joining the services of AssutaWithout derogating from the’s website and information collected while receiving services on the Assuta website. In addition, we collect personal information from you when you contact us, by telephone or online, for example for purposes of customer service, to schedule an appointment or to change an appointment, and more. Assuta may also receive Personal Information that pertains to you from third parties, such as, for example, the health insurance provider to which you are affiliated, your family members, and the like.

59.2. When permitted in the Website’s terms of service, we may collect information from sources available to the public, such as social networking sites. For example, if you contact Assuta through Facebook, we may receive more information about you from your Facebook profile.

59.3. We may also collect information through cookies, as set forth hereafter.

59.4. The User declares that he is aware that he has no legal obligation to provide Personal Information and that the provision of such Personal Information is done of his own free will and with his consent. However, if the User chooses not to provide Assuta with the Personal Information, in whole or in part, it is possible that the User will not be able to use the Website and/or that their use of the Website will be limited and/or Assuta will not be able to provide them with the requested services and/or properly manage the relationship with them and/or allow them to register for the personal area via the Website, etc.

60. The Purposes for which the Information is Used

60.1. First, the Personal Information, in whole or in part, collected is intended to provide you with medical services of the highest quality, including medical information processing, medical follow-up and scheduling appointments. In addition, the information is used to contact you and to allow you to easily identify yourself when contacting us, in a way that will ensure that you receive service of an optimal standard. Furthermore, the Personal Information may be used to provide you with additional services that may be offered through the Website, allow you to properly use the Website, and/or perform certain actions on the Website.

60.2. Additionally, Assuta will use and process the Personal Information, in whole or in part, for the following additional purposes:

60.2.1. To provide you with marketing and/or advertising material, such as offers, services, promotions, and customized recommendations of Assuta, subject to obtaining the required consents from you in accordance with Section 30A of the Communications Law (Telecommunications and Broadcasting), 1982, , as applicable, including by post or by e-mail or by SMS or by facsimile or by an automatic dialing system, in “push” messages using the device used by the User on the website or by any other means of communication.

60.2.2. To provide you with additional operational information or other information that may be relevant to you, such as updates, and notices of Assuta and additional information about Assuta's services. For example, sending notifications and reminders about the publication of laboratory test results on the Website, test schedules, doctor appointment times, changes in operating hours, etc.

60.2.3. To manage our day-to-day business needs, including managing internal accounts, reporting to clients, managing contracts, development, improvement, operation, and management of the Website, charging payment and providing financial services.

60.2.4. For the purposes of anonymous statistical analysis and its delivery, as statistical information, to third parties. Assuta will be allowed inter alia to create aggregated data that has been anonymized for the purpose of reporting and analyzing medical data for research purposes and research publications (subject to and in accordance with the procedures of the Ministry of Health and applicable legal provisions on the matter)..

60.2.5. To customize the Website to the personal preferences of the Users.

60.2.6. For the purpose of complying with the provisions of any law and other legal and regulatory obligations applicable to Assuta and/or anyone acting on its behalf.

60.2.7. Enforcing the provisions of the Terms of Use.

60.2.8. Defending against claims, demands, allegations, and legal proceedings.

61. Sharing Personal information with third parties

61.1. Assuta will not sell and/or lease and/or transfer the Personal Information about you, in whole or in part, to any third party except in the cases specified below:

61.1.1. To affiliated or related corporations and companies (e.g., Assuta medical centers);

61.1.2. To the health insurance provider with which the User is registered, to another hospital, or other third parties as necessary for providing medical treatment or medical needs.

61.1.3. If the transfer is required for the purposes specified in Section ‎60 above (e.g., consultants and external service providers, storage/cloud companies, IT service providers, etc.);

61.1.4. If required by court order, request from an authorized authority such as the Ministry of Health, or under any law;

61.1.5. If a legal notice is received regarding legal proceedings against Assuta due to actions taken by the User and/or anyone acting on its behalf, as well as in any dispute, claim, lawsuit, demand, or legal proceedings, if any, between the User and Assuta and/or anyone acting on its behalf;

61.1.6. As part of reorganization processes and/or changes in the operational structure of Assuta within another entity (including mergers) – it will be entitled to transfer the personal information to the other entity, provided that the other entity accepts the privacy policy of Assuta towards the User;

61.1.7. If Assuta and/or anyone acting on its behalf raises an allegation or has reason to suspect that the User has engaged in actions and/or omissions that harm and/or may harm Assuta and/or anyone acting on its behalf and/or any third party, including in cases where Assuta finds that the User or their actions violate the Terms of Use or are carried out for the purpose of committing fraud of any kind;

61.1.8. In any case where Assuta genuinely believes that the disclosure is necessary to prevent harm to Assuta, other Users, or any third party; and

61.1.9. Upon the explicit request of the User or with their explicit consent (as relevant).

61.2. It should be Noted that Assuta will transfer Personal Information to third parties as outlined above, in accordance with the provisions of any law, including (but not limited to) the Protection of Privacy Law, 1981 ("Privacy Protection Law"), the Patients' Rights Law, 1996, guidelines from the Privacy Protection Authority in the Ministry of Justice, and the procedures of the Ministry of Health.

61.3. Additionally, it is clarified that Assuta may transfer Personal Information (in whole or in part) to third parties as outlined above, which are located outside of Israel, including in countries or jurisdictions where the level of privacy protection and data security may differ from that which exists and is practiced in Israel.

62. Assuta may use third-party products and/or tools, including tools from Google and Facebook, to analyze your usage of the Website and enhance it ("Tools"). Among other things, Assuta may use tools such as Google Analytics, Appsflyer, Acoustic, Google Firebase, and Google Tag Manager for analyzing User usage data on the Website, collecting aggregate statistical information, and monitoring activity on the Website. Additionally, Assuta may use third-party tools for personalizing ads and advertisements, including using Google Signals, for Users whose internal system settings allow it, and Facebook Pixel for targeted advertising on media networks.

Further explanation about Google Signals can be found at the following link: https ://support .google .com /analytics /answer /7532985?hl =iw #zippy =%2 C %D 7%94%D 7%A 0%D 7%95%D 7%A 9%D 7%90%D 7%99%D 7%9 D -%D 7%91%D 7%9 E %D 7%90%D 7%9 E %D 7%A 8.

Further explanation about Facebook Pixel can be found at the following link: https ://www .facebook .com /business /m /privacy -and -data.

As part of using the aforementioned tools, third parties operating the tools may use "Cookies" through which they may collect information about you, such as your IP address, unique Device identifiers, Device features, your activity on the Website, the pages you visited, and more. For more information on how third parties use "Cookies" and the information collected through them, you can refer to their official websites, for example:

https ://www .facebook .com /policies /cookies https://policies.google.com/technologies?hl=en

https ://acoustic .com /cookie -policy https ://www .appsflyer .com /legal /services -privacy -policy /.

For more information about Cookies and the option to remove them, see Section 22 below.

63. Cookies

63.1. A “cookie” is a small text file that is transmitted to your Device by a web server. This file is not a computer program and does not have the ability to read the information contained in it or perform any activity on it. Some Cookies will expire when you close the browser you are using to visit the Website, while others remain stored on the Device's hard drive. Cookies can contain various information, such as the pages you visited, the amount of time you spent on the site, how you arrived at the site, and more.

63.2. The purpose of using cookies is so that Assuta’s servers can identify you quickly and efficiently when you re-use any of the services and when you visit other sites to ensure the proper and ongoing operation of the Website, for data security purposes, to personalize the Website according to your preferences, to display advertisements about products or services based on your activities across the internet and on other sites and services you have visited, and more.

63.3. By agreeing to this usage policy, you allow Assuta to install cookies on your Device, to use the information stored in cookies, and to identify you accordingly. Through cookies, Assuta may, in accordance with its sole discretion, publish information about it on various sites where you will browse (hereinafter: “Third Party Providers”). During your use of these sites, statistical information about you may be collected and Assuta may use it as set forth above. Assuta is not responsible for the operation of sites of Third- Party Providers or for the content offered on them. These are completely independent sites. Therefore, it is advisable to review the privacy policy documents of each of the sites of the Third- Party Providers.

63.4. Modern browsers include the option to avoid receiving Cookies. If you prefer to block cookies while browsing a site, you may change your browser’s settings so that it will ask for your approval each time individually, or alternatively you may refuse them completely. If you do not know how to do this, you can check the order of the process in the help tab of the browser you are using. Please note if you disable the cookies it is possible that this may constitute harm the provision of services and other data about your preferences and browsing habits, and in this way affect the activity (including availability) of the site.

64. Storing the Information. Assuta will store your Personal Information for as long as it is necessary to achieve the objectives outlined above and for any additional period, longer or shorter, that may be necessary or permitted or obligated by law.

65. Securing the Information. Assuta uses many innovative means in order to maintain the security of your information and privacy and it also makes sure to update and renew these measures from time to time, all in accordance with the requirements of the law, including the Privacy Protection Regulations (Information Security), 2017. However, as is known, while these measures reduce the risks of unauthorized intrusion, data leakage, etc., they do not provide absolute security, as the storage and transmission of information via electronic means, including the internet, can never be completely secure. Accordingly, Assuta does not guarantee that the website will be impervious to breaches, and by using the website, the User agrees that they are aware of these risks.

66. User Rights as Data Subjects. According to the Privacy Protection Law, every individual has the right to access their Personal Information held in a computerized database, either by themselves, or through an authorized representative or guardian. If an individual reviews their Personal Information and finds it to be incorrect, incomplete, unclear, or outdated, they may contact the database controller to request that the information be corrected or deleted.

Therefore, each User has the right to exercise their rights under the Privacy Protection Law regarding their Personal Information held and managed in the computerized databases controlled by Assuta. To do so, you can contact us at the following phone number: 072-3399075.

However, it should be emphasized that Assuta will enable the exercise of these rights according to the Privacy Protection Law and in accordance with all applicable laws, including (without limitation) the Privacy Protection Law. For example, under the Privacy Protection Law, there may be cases where information regarding the requester’s medical or mental condition is not provided if the database controller believes it may cause serious harm to the requester’s physical or mental health or endanger their life (In such cases, the information will be provided to a doctor or psychologist on behalf of the requester.

67. Updates of the Privacy Notices

Assuta's Privacy Policy may change from time to time, subject to the applicable law. In the event that Assuta materially changes this policy, a change concerning the manner in which Assuta uses the information and details provided by you, Assuta will notify this by posting an appropriate notice on the Website, or by sending an email.

J. Miscellaneous

68. If any provision of these Terms of Use is determined by a court to be unlawful and/or invalid, it shall not invalidate the remaining provisions of these Terms of Use and/or the remainder of the provision that was canceled or limited by the court, which was not canceled or limited.

69. Any delay by Assuta in exercising a right that belongs to it or failure to enforce its rights under these Terms of Use or according to the law shall be considered as leniency only and shall not be deemed or considered as a waiver of Assuta's rights.