Privacy Policy

1. Objective

We care about our clients’ privacy and, every time we deal with your personal data, we do so in accordance with the provisions of the General Data Protection Regulation and the Belgian Law of 8 December 1992 relating to the processing of personal data. This Privacy Policy sets out which measures are taken to protect your privacy when using our website and/or services/products, and what rights you have in this respect as a user and/or client.

You are invited to read this Privacy Policy carefully and familiarise yourself with its contents. Future amendments to this Policy cannot be excluded. We therefore ask that you read the Privacy Policy from time to time.

2. Agreement

By using this application, you agree to the automatic collection and processing of some of your personal data in accordance with the purposes described below.

3. Processing of Personal Data

We may request certain information from you in order for the application to function optimally.

This personal data is processed for customer management purposes and allows us to provide the application to you and to continually improve the application and adapt it to your needs. In this regard, we specifically reserve the right to use your information for market research and customer satisfaction purposes or for the improvement of our application and the development of other services/products, where appropriate involving third parties.

4. On What Basis Are Your Data Processed?

Your data are processed on the following basis:

  • Consent, regarding data collected by purchasing our application
  • A contractual relationship as soon as you proceed to using our services or products

In case you object to the processing of your data, please be aware that no contractual relation is possible, and that you cannot continue to use our application.

5. Transfer of Personal Data

For the supply of this application, we reserve the right to transfer your personal data to our partners or service providers.

Your data will not be sent to organisations outside the European Union.

6. What Is the Retention Period for the Use of Data?

Your data will be processed for the period that you use the application. This term is based on the legal requirements regarding the contractual relationship.

7. Security and Confidentiality

We undertake to keep your personal data confidential and have established security procedures aimed at avoiding any loss, abuse or alteration of this personal data.

8. Who Is the Controller?

The controller of the processing of your data is KU Leuven. You can contact us using this email address: maagdarmstudie@kuleuven.be.

Besides, the processor of the data is everywhereIM Value&Result B.V., Janssoniuslaan 80, 3528 AJ Utrecht

9. Right of Access, Correction, Deletion, Objection and Data Portability

In accordance with the General Data Protection Regulation, you have the right to access, rectify and erase any data concerning you. You also have the right to object to its processing, within the limits of the legislation. You have the right to receive the personal data and to transmit them directly from one controller to another.

You can exercise your rights by sending an e-mail to: maagdarmstudie@kuleuven.be.

10. Data Protection Officer and Data Protection Authority

For any additional information or for any complaint relating to the processing of your personal data, you may apply to:

Disclaimer

TERMS OF USE AND END-USER LICENSE AGREEMENT FOR THE SMARTPHONE DIET APPLICATION DOMINO

PLEASE READ THE TERMS AND CONDITIONS OF USE AND THE LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS APPLICATION.

In order to be able to use the DOMINO Application, you first need to accept and agree to our Privacy Policy. You cannot use the DOMINO Application unless you first accept our Privacy Policy.

A. The End-User License Agreement

The End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and KU Leuven for the KU Leuven DOMINO Application, which may include associated software components, media and “online” or electronic documentation. By installing, copying, or otherwise using the DOMINO Application, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and KU Leuven (referred to as “licenser”), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the DOMINO Application.

The DOMINO Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The DOMINO APPLICATION is licensed, not sold.

1. Grant of License

The DOMINO APPLICATION is licensed as follows:

(a) Installation and Use. KU Leuven grants you the right to install and use copies of the DOMINO APPLICATION on mobile devices running a validly licensed copy of the operating system for which the DOMINO APPLICATION was designed (e.g., iOS, Windows, Android and any other mobile platform).

(b) Backup Copies. You may also make copies of the DOMINO APPLICATION as may be necessary for backup and archival purposes.

2. Description of Other Rights and Limitations

(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the DOMINO APPLICATION.

(b) Distribution. You may not distribute copies of the DOMINO APPLICATION to third parties.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the DOMINO APPLICATION, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental. You may not rent, lease, or lend the DOMINO APPLICATION.

(e) Support Services. KU Leuven may provide you with support services related to the DOMINO APPLICATION (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the DOMINO APPLICATION and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the DOMINO APPLICATION.

3. Termination

Without prejudice to any other rights, KU Leuven may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the DOMINO APPLICATION in your possession.

4. Copyright

All title, including but not limited to copyrights, in and to the DOMINO APPLICATION and any copies thereof are owned by KU Leuven or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the DOMINO APPLICATION is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by KU Leuven.

B. Terms of Use

1. Warranties and Disclaimers

(a) By KU Leuven. Except as expressly provided in this article B.1.(a) and to the maximum extent permitted by applicable law, the DOMINO Application is provided “AS IS” and KU Leuven makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied, including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, noninfringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the DOMINO Application. KU Leuven does not warrant that (i) all errors can be corrected, or that access to or operation of the DOMINO Application shall be uninterrupted, secure, or error-free, and (ii) the information available on or transmitted by the DOMINO Application is true, complete or accurate. KU Leuven makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. KU Leuven further expressly disclaims any warranty or representation to authorized users or to any third party.

The purpose of the DOMINO application is only to provide nutritional guidance for a specific diet. Whether this diet is appropriate for your specific health situation should be discussed with a physician first. You specifically acknowledge and agree that KU Leuven cannot be held liable for any healthcare or related decisions made by you or your physician. The purpose of the DOMINO application is not to assist you or your physician in assessing your medical condition. You acknowledge and agree that your physician, and not KU Leuven, is solely responsible for (the interpretation of) your measurements or other healthcare information and medical treatment related to you. You expressly acknowledge and agree that your use of the DOMINO Application is at your sole risk. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet, and that KU Leuven is not responsible for any losses of your data and any user content in connection therewith.

The diet proposed in this DOMINO APPLICATION was used in a pragmatic clinical trial regarding the improvement of treatment of irritable bowel syndrome in primary care in Belgium. KU Leuven emphasizes that the use of the diet proposed in this DOMINO APPLICATION without any medical advice and without a clear diagnosis of irritable bowel syndrome by a medical specialist is not recommended. Before commencing the diet proposed in this DOMINO APPLICATION, and in case of pregnancy and/or allergies, always consult a medical specialist in advance. KU Leuven does not warrant that the use of the diet proposed in this DOMINO APPLICATION will result in an improvement or full remission of gastrointestinal symptoms or complaints caused by irritable bowel syndrome.

(b) By You. You represent and warrant to us that (a) you have the authority to enter into this binding agreement personally, and (b) that any user content provided by you for the use of the DOMINO Application is accurate and truthful and shall not (i) infringe any intellectual property rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming code intended to damage our system or data; or (v) otherwise violate the rights of a third party.

You agree and acknowledge that KU Leuven is not obligated to back up any user content and/or measurements. You agree that any use of the DOMINO Application contrary to or in violation of the representations and warranties of you in this article constitutes unauthorized and improper use of the DOMINO Application.

2. Limitation of Liability

To the maximum extent permitted under applicable law, KU Leuven’s liability arising out of or in connection with the DOMINO Application under these Terms of Use, whether in contract, warranty, tort or otherwise, shall not exceed the amount paid out under KU Leuven’s compulsory insurance policy at the date on which the applicable liability claim arises. Nothing in these Terms of Use shall limit or exclude KU Leuven’s liability for (i) gross negligence; (ii) willful misconduct; (iii) fraud or personal injury.

To the extent legally permitted under applicable law, KU Leuven shall not be liable to you or any third party for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to, damages or costs due to loss of profits, data, revenue, goodwill, production or use, procurement of substitute services, or property damage arising out of or in connection with the DOMINO Application under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the DOMINO Application, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if KU Leuven has been notified of the likelihood of such damages.

You agree that KU Leuven can only be held liable as per the terms of this article B.2. to the extent damages suffered by you are directly attributable to KU Leuven. For the avoidance of doubt, KU Leuven shall not be liable for any claims resulting from (i) your unauthorized use of the DOMINO Application, (ii) your or any third party’s modification of (any parts of) the DOMINO Application, (iii) your failure to use the most recent version of the DOMINO Application made available to you or your failure to integrate or install any corrections to the DOMINO Application issued by KU Leuven, or (iv) your use of the DOMINO Application in combination with any other products or services. The exclusions and limitations of liability under this article shall operate to the benefit of KU Leuven’s affiliates and subcontractors under these Terms of Use to the same extent such provisions operate to KU Leuven’s benefit.