Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (‘Abbott’ or ‘us’ or ‘our’ ‘we’)) is the developer of Sensors (‘Sensors’), Readers (‘Readers’) and glucose test meters (‘Meters’) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (‘Libre App’) which may be compatible with the Site and with the LibreView data management system (‘LibreView System’).
Newyu, Inc. maintains the medical authorizations for the LibreView System as a medical device, provides other application/software support, and manages the marketing authorizations/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’ historical glucose data, glucose test results and ketone test results in support of an effective diabetes health management program. The LibreView System allows Abbott to provide improved treatment guidance for patients utilizing Abbott’s Meters, Readers and Libre App. The LibreView System also allows 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 ENABLE THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE THAT YOU PROVIDE TO YOUR PATIENTS AS A HEALTHCARE PROFESSIONAL. THE LIBREVIEW SYSTEM IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION THAT 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 do not need to register as a Professional User and create a LibreView System account to simply visit and view the Site.
General: The Site is your gateway to create a LibreView System account in which your patients’ Meters, Readers and the Libre App readings may be stored, reviewed and analyzed by you and Abbott. The LibreView System is designed to assist you in viewing and managing aspects of your patients’ condition, and to allow Abbott to provide improved treatment guidance for patients utilizing Abbott’s Meters, Readers and the Libre 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 patients’ Meters, Readers and the Libre App to your computer and upload their glucose readings into a patient profile that you have created.
‘Professional User’ includes only those medical providers (and their duly authorized representatives and agents) who have either registered a clinical practice or have registered as a professional user of the LibreView System.
Abbott only permits one LibreView System user account per email 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 authorized 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 HCPs or professionals within your practice, and also create patient profiles that will be shared with and utilized 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 only use the LibreView System as expressly permitted herein. Abbott, its affiliates and its suppliers own all rights, titles and interests in and to the LibreView System and to content 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 utilizing Abbott’s Meters, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients.
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 only use the Site and the LibreView System 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 personal patient information, including health-related information, without either first securing their informed, voluntary or, as necessary, explicit consent, or having determined that which is necessary to protect their vital interests. Abbott will accept no liability in relation to your use of the Site, including 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 that you make to remove the personal information of any of your patients from the LibreView System within a reasonable period from receipt of such request; this does not apply to personal information that Abbott has accessed to improve its treatment guidance for patients utilizing Abbott’s Meters.
AS A PROFESSIONAL USER YOU ARE RESPONSIBLE FOR (I) ANY PATIENT DATA THAT YOU ENTER INTO THE LIBREVIEW
SYSTEM, (II) THE PERSONAL INFORMATION OF OTHER PROFESSIONALS THAT 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:
Abbott will treat all personal patient 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 in 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 authorization to do so; or ii) relying on the exception to the requirement for an authorization 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.
Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW SYSTEM IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. Any content included in the LibreView System is for the purpose of providing information only. 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 from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications 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-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Abbott, its affiliates and its third-party providers do not warrant 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 warranty shall be to the minimum extent required to be provided under such applicable law.
For Australian users: Nothing in this Section 11 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
For Australian users: Nothing in this Section 12 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Regardless of any other provision of these terms and conditions, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach of that guarantee may not be excluded but may be limited, our liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.
Please print a copy of this Agreement for Your records.