In the section, you will find all the standard agreements for using our software and services. It gets updated from time to time, to remain relevant and complaint with the regulators. Customers are expected to read the agreements carefully, and take legal advice for thier own particular needs.
We have designed security and privacy into our software, so that Health Service Providers and thier clients can be confident about what is happening to personal data. If you have any questions, please get in touch!
A secure way to record and report human movement
Qinematic believes in person integrity, as well as safety and security of data. Individuals and society can benefit greatly from the wealth of knowledge and fresh insights that come from data analysis, but it should be managed respectfully. We follow the guidelines set out in the EU GDPR and are mindful of the Data Protection Acts in other regions. We ask that provider using our services know their responsibilities and that they inform clients of their rights.
Many of Qinematic’s customers are professional Health Service Providers, such as physical therapists, personal trainers and other health and wellness consultants. We highly recommend that end users seek advice from professionals when considering the scan results. However, we cannot attest to the knowledge or competence of providers (or their associates), and we take no responsibility for how they use the service, nor the advice they give. Any suggestions that we make in our education, marketing, literature or communications are for illustration purposes only and should not be considered personal advice.
Is data protected?
Qinematic is known as a Processor of data. That means that we manage the data on behalf of the Health Service Providers who use our service. We do not make any decisions based on the data. We simply make it possible to collect the data, store it securely, and deliver it to end users. The Provider and the end user are the Controllers of the data, and they make their own decisions about how to use the information.
Each end user is asked to give consent before a scan is performed, and we make it possible for the Provider of the service to safely store the data, and to make it available to the end user in a convenient way. We only give access to Authenticated providers, who must log in with permission from an organisation's Administrator. This may seem a bit overcautious, but for your protection, we keep a log of who used the software and what they did with it. Each organisation has a Service Agreement with us - the generic form can be read in the Legal section. The Service Agreement follows the GDPR or local Data Protection Act (DPA).
Scans are stored securely on the Microsoft Azure cloud platform, using advanced security technology and cryptography. Microsoft is one of the most experienced actors in online services, and their compliance is independently audited. Please visit their Trust Centre.
Data is stored according to local and regional regulations. For example, in the EU, transferring data across borders into other regions is not permitted according to the GDPR. Qinematic will never transfer an end user’s data outside of Europe, unless instructed to do so by the Provider, who needs written consent from the end user.
Is this a medical device?
Qinematic provides health software that can be used at the discretion of health, fitness and wellness service providers. The software enables a recording and documenting service. It is primarily designed for communicating human movement analysis and for prevention, education, and motivation. The software does not make a diagnosis or give you a score.
The Qinematic service involves recording the posture and movements of a human using 3D video, estimating measurements based on biomechanics algorithms, reporting the measurements and replaying the 3D video for life-like feedback. It does not compare performance to norms, nor make any classifications, decisions or suggestions.
We currently favour the latest Kinect Xbox One sensor. This is not a medical device, however many studies have shown it, and its predecessor to be suitable for clinical use.
What does Qinematic offer?
Qinematic primarily develops and sells software and web-based services to health and fitness service providers, who in turn sell services including scans, feedback and reporting to the end customer. Qinematic has a price schedule for sales to its own customers, but does not dictate the fees charged by Health Service Providers to their customers.
Qinematic may sell software, licenses to use software, and subscriptions directly or via agents, affiliates, subsidiaries and/or resellers. Although we do not consider ourselves a supplier of hardware, on occasion we may be involved in reselling hardware.
The right to use the service by a Customer is limited to a “Territory” (for example, the EU/EEA). Scanning or reporting of data by a Provider is not permitted outside of the territory defined in the license agreement.
The Customer is responsible for ensuring that any hardware used is compatible, suitably configured, secure and protected against viruses ands theft. Qinematic is not accountable for any loss of data, or financial loss incurred due to issues with hardware, software or network problems.
Qinematic values research and continuing professional development. We may be involved in research, education and business development.
Although we consider ourselves experts in human movement and applied clinical science, we do not provide health services directly, other than for training, support, education, demonstration and marketing purposes.
Qinematic offers support to customers about Qinematic software and cloud services, however we take no responsibility for hardware and associated software, network, integration or any other matters not directly associated with Qinematic software and storage.
Qinematic is not obliged to provide marketing material to its customers. Customers are not permitted to use the Qinematic name, logos, media or other material produced or owned by Qinematic - unless made openly available by Qinematic, or with express written permission. Qinematic reserves the right to grant and/or withdraw permission to use any intellectual property at any time, and without any consequences whatsoever.