Effective Date: May 2018
Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (“Abbott” or “us”, “our” or “we”)) is the developer of Sensors (“Sensors”), (“Readers”) and glucose test meters (“Meters”) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (“App”), which may be compatible with the Site and with the LibreView data management system (“LibreView system”).
Newyu, Inc. holds the marketing authorisations/registrations for the LibreView system and provides the system on Abbott’s behalf.
The LibreView system is a secure, cloud-based diabetes management system that is intended for use by Abbott, Professional Users and patients to aid in the review, analysis and evaluation of patients’ glucose data history, glucose test results and ketone test results in support of an effective diabetes health management programme. The LibreView system allows Abbott to provide improved treatment guidance for patients using Abbott’s Meters, Readers and App. The LibreView system also permits Professional Users to create patient profiles, to remotely manage patients who have LibreView system accounts, and to share patients’ LibreView system account information with other professional users within the same LibreView practice.
THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO PERMIT THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU AS A HEALTH CARE PROFESSIONAL PROVIDE TO YOUR PATIENTS. THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE.
YOUR USE OF THE SITE IS ALSO SUBJECT TO THE LIBREVIEW PROFESSIONAL PRIVACY NOTICE AVAILABLE AT www.libreview.com (“PRIVACY NOTICE”), WHICH EXPLAINS HOW WE HANDLE THE PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE. IT ALSO SETS OUT THE INFORMATION THAT YOU, AS A PROFESSIONAL USER, SHOULD PROVIDE TO YOUR PATIENTS.
You need not register as a Professional User and create a LibreView system account to simply visit and view the Site.
1. General. The Site is your gateway to create a LibreView system account in which your patients’ Meter, Reader and App readings may be stored and reviewed and analysed by you and Abbott. The LibreView system is designed to assist you in viewing and managing aspects of your patient’s condition, and to allow Abbott to provide improved treatment guidance for patients using Abbott’s Meters, Reader and App. The LibreView system allows patients with LibreView system accounts to share their glucose readings with you and Abbott, and it also allows you to connect your patient’s Meter, Reader and App to your computer and upload their glucose readings into a patient profile you have created.
“Professional User” includes only those medical providers (and their duly authorised representatives and agents) who have either registered a clinical practice or have registered as a professional user of the LibreView system.
Abbott permits only one LibreView system user account per e-mail address. As a Professional User, you may create a clinical practice account and invite other professionals and/or link with other Professional Users with LibreView system accounts within your practice.
By using this Site, you represent, acknowledge and agree that you are duly authorised to use this Site and to create a Professional User account in the LibreView System and that you also have the appropriate authority to create a practice and link other healthcare providers or professionals within your practice, and also to create patient profiles that will be shared with and used by Abbott.
You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the LibreView system. You agree to use the LibreView system only as expressly permitted herein. Abbott and its affiliates and its suppliers own all rights, titles and interests in and to the LibreView system and content available through the Site, including logos, graphics, videos, images, software and other materials (“Materials”).
You acknowledge and agree that the Site and the LibreView system are provided to enhance your care of your patients and to allow Abbott to provide improved treatment guidance for patients using Abbott’s Meters, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients.
(a) upload, download, e-mail, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy, or otherwise objectionable;
(b) pretend to be anyone you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child). Abbott reserves the right to reject or block any LibreView system account or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or has been used to hijack another user’s data;
(c) upload, download, e-mail, transmit, store or otherwise make available any data or other information from a child (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or last name, date of birth, e-mail address, and their Meter data unless you have obtained the consent of the child’s parent/guardian;
(d) infringe any person’s intellectual property rights (including uploading any content which you do not have the right to upload);
(e) upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the LibreView system (or any part thereof), or any other computer software or hardware;
(f) interfere with or disrupt the Site or LibreView system (including accessing the LibreView system through any automated means, such as scripts or Web crawlers), or any servers or networks connected to the LibreView system, or any policies, requirements or regulations of networks connected to the LibreView system (including any unauthorised access to, use or monitoring of data or traffic thereon);
(g) gather, store or upload personal information, including health information, on any persons using an Abbott FreeStyle Libre flash glucose monitoring system without first having received their prior consent or without otherwise being authorised to do so, for example, if you are a carer, healthcare provider or parent or guardian;
(h) reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the LibreView system except as and then solely to the extent permitted under applicable law;
(i) gather, store or upload personal information, including health information, on any other users of the LibreView system or any individual using a FreeStyle Libre sensor in connection with any of the foregoing prohibited activities; and/or
(j) disclose information about the Site or LibreView system features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient.
5. Patient Profiles. After you have created a LibreView system account, you will be permitted to create patient profiles. When creating a patient profile, you will be required to manually enter some personal information, for example their name and date of birth. Within their patient profile, you will be able to manually upload their Meter readings to the LibreView system.
You will use the Site and the LibreView system only for those patients from whom you have previously obtained their informed, voluntary or, as necessary, explicit consent, or when you deem it necessary to protect their vital interests, and will comply with any additional requirements arising under your local data protection, privacy, health or related laws. It is a misuse of the Site and the LibreView system to enter patient personal information, including health-related information, without either first securing their informed, voluntary or, as necessary, explicit consent, or having determined that it is necessary to protect their vital interests. Abbott will accept no liability in relation to your use of the Site, including the case where you use the Site to enter personal information relating to your patients, where these conditions have not been satisfied. We will provide reasonable assistance with any request you make to remove the personal information of any of your patients from the LibreView system within a reasonable period of receipt of such request; this does not apply to personal information that Abbott has accessed to improve its treatment guidance for patients using Abbott’s Meters.
AS A PROFESSIONAL USER YOU ARE RESPONSIBLE FOR (I) ANY PATIENT DATA YOU ENTER INTO THE LIBREVIEW SYSTEM, (II) THE PERSONAL INFORMATION OF OTHER PROFESSIONALS YOU INVITE TO JOIN A PRACTICE ACCOUNT, AND (III) YOUR USE OF PERSONAL INFORMATION OF ANY INDIVIDUAL WITH A LIBREVIEW SYSTEM ACCOUNT. YOU ARE THEREFORE RESPONSIBLE FOR COMPLYING WITH APPLICABLE DATA PROTECTION AND PRIVACY LAWS AND FOR OBTAINING, WHERE REQUIRED, ANY CONSENTS (INCLUDING EXPLICIT CONSENT) NEEDED UNDER APPLICABLE LAW. For European Economic Area (“EEA”) and Swiss Users: patient data will be processed in accordance with the Privacy Notice for the following different purposes:
(b) where Abbott uses identifiable patient data you enter into the LibreView system for the purposes of improving treatment guidance for patients using Abbott’s meters, analytics, system troubleshooting, system and/or customer support, research or reporting, Abbott will be the data controller and will comply with applicable local data protection and privacy laws; and
(c) where your patient has independently created a LibreView system account, either for their own use or for the use of a child or other person for whom they provide care, Abbott will be the data controller and will comply with applicable local data protection and privacy laws.
Abbott will treat all patient personal information for which it is a data controller, including health information, in accordance with the Privacy Notice. When your patient has created a LibreView system account and grants you access to that account, or where you set up a LibreView system account for your patient, Abbott (through the LibreView system) will be processing both your and your patient’s personal data as a ‘processor’ on your behalf as a healthcare provider where you process your patient information to protect their vital interests as determined at your sole discretion as their healthcare provider.
For US Users. Additionally, if you are a healthcare provider in the United States and a covered entity as defined by the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations (“HIPAA”), you are creating the patient profile and using the Site and the LibreView system in compliance with HIPAA either by: i) obtaining a patient authorisation to do so; or ii) relying on the exception to the requirement for an authorisation under HIPAA for disclosure of Protected Health Information for treatment or healthcare operations purposes. Additionally, that part of Abbott that oversees operation of the Site has implemented safeguards for PHI that HIPAA requires of Covered Entities.
6. Availability and Accuracy of Information. The Site and the LibreView system, or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the LibreView system or any feature or part thereof is appropriate or available for use in any particular location. To the extent that you choose to access and use the Site and the LibreView system, you do so on your own responsibility and are responsible for compliance with any applicable laws. Any data uploaded by you or available to be viewed by you are based exclusively on your patients’ glucose, ketone and insulin data and other information provided by them. Abbott makes no representations and provides no guarantees regarding the accuracy, completeness, reliability or timeliness of any data accessible to or viewed by you or of any content generated by the data stored in the LibreView system. In particular, Abbott makes no representations and provides no guarantees that any information based on such data will be in compliance with government regulations requiring disclosure of information.
7. Deletion of your LibreView System Account. You may delete your LibreView system account at any time. Your LibreView system account will be deleted on receipt and processing of your delete request. Please be aware that it may take up to 72 hours to process your request. You acknowledge that deletion of your LibreView system account may have no effect on the personal information relating to your patients that Abbott has accessed to improve its treatment guidance for patients using Abbott’s Meters. Abbott has no responsibility for retaining/storing or backing up your LibreView system account on your behalf. You are solely responsible for retaining/maintaining/ storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you e-mail, back up or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no means of managing the privacy or security of that information. You should take the steps that you find appropriate to protect the security of such information. If you have registered a practice, you will be required to delete your LibreView system account on retirement or on your leaving that practice and will be responsible for transferring administration rights to another duly authorised Professional User within that practice. Unless otherwise required by law, you agree that your LibreView system account is non-transferable and that any rights to have a LibreView system account or any data stored in the LibreView system will terminate on your death. On receipt of a copy of a death certificate, Your LibreView system account may be terminated and all data therein deleted. E-mail DiabetesCarePrivacy@Abbott.com for further information.
8. Links to Third Party Websites. This Site may be linked to other websites that are not sites controlled or operated by Abbott (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites and, if applicable, allow you to configure your privacy settings in your Third Party Site account to permit your activities on this Site to be shared with your contacts in your Third Party Site account and, in certain situations, you may be transferred to a Third Party Site through a link, but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices from Abbott’s, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third Party Sites. Abbott is providing you with links to the Third Party Sites as a convenience, and Abbott does not verify, make any representations, or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT ABBOTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution or organisation of any third party entity or individual does not constitute or imply Abbott’s endorsement or recommendation.
9. No Medical Advice. THE LIBREVIEW SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. YOU ACKNOWLEDGE THAT, WHILE ABBOTT USES INFORMATION IT RECEIVES VIA THE LIBREVIEW SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING YOU OF ANY CHANGES TO ANY OF YOUR PATIENT’S METER READINGS OR FOR PROVIDING MEDICAL ADVICE TO PATIENTS. The LibreView system is for information purposes and is designed to help Abbott, patients and you better manage and support diabetes through information, analysis and communication, and is not meant to replace the relationship between patients and their medical care providers. Health information content available to you through the LibreView system is based on information provided via medical device-related data transmissions from patients scanning their FreeStyle Libre sensor. Abbott does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK. ABBOTT, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING HEALTH INFORMATION CONTENT, POSTED ON OUR SITE OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING HEALTH INFORMATION CONTENT, OF OUR SITE AND NO RELIANCE SHOULD BE PLACED BY A REGISTERED USER ON THE INFORMATION AVAILABLE IN THE LIBREVIEW SYSTEM.
10. No Electronic Health Records. THE INFORMATION AVAILABLE TO YOU THROUGH THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC MEDICAL RECORD. YOU MUST DOWNLOAD AND/OR PRINT OFF ANY INFORMATION THAT YOU, AT YOUR SOLE DISCRETION, DEEM NECESSARY TO INCLUDE IN YOUR PATIENT’S MEDICAL RECORDS.
11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR OWN RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH YOU. Any content included in the LibreView system is solely for the purpose of providing information. Although Abbott believes the data displayed in the LibreView system to be accurate as at the time it is transmitted to the LibreView system, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event will Abbott be liable to you for any losses resulting from mistakes, omissions, or delays in transmission of information, or from interruptions in telecommunication connections to the LibreView system.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD PARTY PROVIDERS PROVIDE THE LIBREVIEW SYSTEM “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY.
Abbott, its affiliates and its third party providers do not guarantee that the functions contained in the LibreView system will meet your requirements or that the operation of the LibreView system will be uninterrupted or error-free. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such a warranty shall be to the minimum extent required to be provided under such applicable law.
If you are located in Australia, Abbott’s goods/services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have these repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
14. Licence. Abbott does not claim ownership of your personal data that you transmit or submit to the LibreView system. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, and translate such data for the purpose of providing you with the LibreView system. Abbott may create, access, retain and use, or disclose to third party researchers aggregated, anonymised, de-identified (or pseudonymised to the extent permitted by your law) data derived from the LibreView system for the purposes of research, to evaluate how the LibreView system is provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView system and the FreeStyle Libre sensors, to validate LibreView system upgrades, or for product development. You agree that the licence herein permits Abbott to take any such action. Where personal information is provided to third party suppliers to assist us with the provision of the LibreView system, they are required to keep personal information confidential and secure and may use personal information only to the minimum extent necessary.
15. Feedback. Any data, comments or materials that you supply via the LibreView system or provide to Abbott in order to receive support, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind in respect of such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback to others without limitation, except for health information and personal information that might be included in the Feedback but is subject to “Section 14. Licence” above. Furthermore, Abbott shall be free to use any idea, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.
16. Trademarks. LibreView, FreeStyle LibreLink, FreeStyle Libre, FreeStyle and related brands are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No licence or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView system. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorisation of Abbott, except to identify the product or services of the company.
21. Applicable Law.
24. Support. You can get free technical support by going to the LibreView.com support site and clicking on the “Contact Support” link. Enquiries will be directed to the appropriate support teams.
Please print a copy of this Agreement for Your records.