Privacy & Terms

Privacy & Terms

The Emergency Medicine Kenya Foundation (EMKF) is a not-for-profit public benefit organization founded in 2015 by local healthcare professionals to help guide and inform the development of a sustainable emergency medical care system in Kenya appropriate for the local healthcare system. 

 
Protecting your data, privacy and personal data is very important to EMKF. It is vitally important to us that our users feel secure when using our services, platforms, applications, and sites (the “Services”) and the information that we provide.
 

This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed. Please read this Privacy Policy carefully to understand the types of data we collect from you, how we use it, the circumstances under which we will share it with third parties, and your rights in relation to the personal data you provide us.
 

When using the Services, you will be asked to indicate your acknowledgment of, and where applicable, give your consent to the practices described in this Privacy Policy.

This Privacy Policy applies to data processing by Emergency Medicine Kenya Foundation. Questions, comments, and requests regarding this Privacy Policy are welcome and should be addressed to emkf@emkfoundation.org
 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:
  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Application means the software program provided by the Organisation downloaded by You on any electronic device, named Casualty App
  • Country refers to Kenya
  • Data Controller, refers to the Organisation as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Organisation (referred to as either “the Organisation”, “We”, “Us” or “Our” in this Agreement) refers to Emergency Medicine Kenya Foundation , Park Place Business Centre, Park Place Building, 2nd Floor 2nd Parklands Avenue off Limuru Road, Nairobi, Kenya.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Services refers to the Organisation’s  services, platforms, applications, and sites 
  • Service Provider means any natural or legal person who processes the data on behalf of the Orgnaisation. It refers to third-party companies or individuals employed by the Organisation to facilitate the Service, to provide the Service on behalf of the Organisation, to perform services related to the Service or to assist the Organisation in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
 

General Overview of Our Data Processing in Connection with the Services

You will be asked to provide us with your information when you:
  • Fill in forms on our websites, our Casualty Application, our digital assets (such as Facebook, Instagram, Twitter, Telegram, YouTube, WhatsApp, Instagram, LinkedIn or correspond with us by SMS, phone, email, or otherwise;
  • Register/enroll to use our services; training, quiz, webinars, and talks, subscribe to our website and receive emails in regard to future events, talks, training, and webinars.
  • Access our online shop to purchase our products.
  • Access our Casualty App as a healtcare provider or the general public.
  • Request to join our team/ get involved/ donate to our cause.
  • Fill in or complete any quizzes.
The information you will be asked to provide us for these purposes may include your name, gender, date of birth, phone number, services you received, locations, or further information required to verify your identity such as an image of your face.

The Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.


Specific Processing Activities, Type, and Purpose of their Use 

 

When You Use Our Websites

Types of data: IP address of the requesting device, date and time of access, name and URL of the requested file, the website from which access is obtained (“Referrer URL”), browser used, and, where applicable, your device’s operating system and the identity of your access provider.
 
Uses of that data: We use the above data to provide you with access to our Website, ensure that the Website can establish an internet connection smoothly and is easy to use; analyze the system security and stability, as well as for additional administrative purposes.
 
Use justification: Legitimate interests, Kenya Data Protection Act 2019. Our legitimate interest is based on the data collection purposes listed above. We do not use the data collected for the purpose of identifying you. You are not obliged to provide the above personal data. However, you will not be able to access our Websites  if such personal data are not provided.
 
Storage duration: The Organisation will retain the above data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Organsiation will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Website, or We are legally obligated to retain this data for longer time periods.
 

When You Use Our Casualty Application

Types of data: For a better experience while using Our Casualty Application (“Application”), We ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information includes:
           Email address
           Phone number
           Usage Data
 
Usage Data: Usage Data is collected automatically when using the Application. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Application by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit Our Application or when You access the Application by or through a mobile device.
 
The Application does use third party services that may collect information used to identify you. Link to privacy policy of third party service providers used by Our Application;
             Google Play Services
             App Store
 
Information Collected while Using the Application: While using Our Application, in order to provide features of Our Application, We collect, with Your prior permission:
  • Information regarding your location
We use this information to provide features of Our Application, to improve and customize Our Application. The information may be uploaded to the Organisation’s servers and/or a Service Provider’s server or it may be simply stored on Your device.
 
You can enable or disable access to this information at any time, through Your Device settings.
 
Uses of that data: The Organisation may use Personal Data for the following purposes:
  • To provide and maintain our Application, including to monitor the usage of our Application.
  • To manage Your Account: to manage Your registration as a user of the Application. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Application.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For Organisation transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Application users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Application, to contact You.
  • For Organisation transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Organisation assets, financing, or acquisition of all or a portion of Our Organsiation to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With Organisation partners: We may share Your information with Our Organisation partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Use justification: Legitimate interests, Kenya Data Protection Act 2019. Our legitimate interest is based on the data collection purposes listed above. We do not use the data collected for the purpose of identifying you. You are not obliged to provide the above personal data. However, you will not be able to access the Application if such personal data are not provided.
 
Storage duration: The Organisation will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Organsiation will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Application, or We are legally obligated to retain this data for longer time periods.
 

When You Register or Enroll to Receive our Services, Training, and Products on the Platforms that We Manage

Types of data include name, gender, date of birth, email, mobile number, GPS location, profession, and place of practice/ facility.
 
Uses of that data: We use the above data to provide you with a user account and access to services, products, and information that we provide through our platforms. It is not possible to access our services if the (non-optional) data is not provided.
 
Use justification: Contract performance, Data Protection Act, 2019 for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject before entering into a contract.
 
Storage duration: Your data is deleted or anonymized (and cannot be associated with a specific natural person) when you request deletion of your account/subscription. If your account is inactive for more than 12 months, we will contact you to check whether you wish to continue using our services. If you then leave your user account unused for a subsequent 12 months, we will delete your account and anonymize your data (such that it cannot be associated with a specific natural person).
 

When You Receive Services, or Information on the Platforms that We Manage

Types of data include name, gender, date of birth, contact information, location, type of service, product or information that you received, date you received the service, product or information, and your assessment of the quality of the services (talks, webinars, training, quizzes), products and information that you received, 
 
Uses of that data: We use the above data to provide you with access to services, shop, training, quizzes and webinars, and information that we provide through our platforms. We also use the data to improve the quantity and quality of service, products, and information that you receive, to verify and validate the services, products, and information you received, verify your eligibility to access and utilize services, products, and information from our platforms, it is not possible to access our services, product or information (non-optional) if data is not provided.
 
Use justification: Kenya Data Protection Act, 2019 and Data Protection regulation 2021
 
Storage duration: Your data is deleted or anonymized (and cannot be associated with a specific natural person) when you request deletion of your account. 
 

Direct Marketing to You of Services, Products, or Information Available on the Platform, Email, and Website that We Manage

Types of data include name, gender, date of birth, mobile phone, email address, type of service, product or information that you received, the date you received the service, product or information, and your assessment of the quality of the services.
 
Uses of that data: We use the above data to promote services (training, webinars, talks), products, or provide you with information that we believe will be of interest to you the email and digital channels. You can unsubscribe to our services at any time by emailing us at emkf@emkfoundation.org asking to be unsubscribed from the specific Service.
 
Use justification: Kenya Data Protection Act, 2019 and Data Protection regulation 2021
 
Storage duration: Your data is deleted or anonymized (and cannot be associated with a specific natural person) when you request deletion of your account. 
 

Use of Data Related to Research, Statistical and Health Purposes

Types of data include records of products or services that you have received from us, and other data that you have provided to us directly or indirectly during your usage of our products or services (training, attendance details, gender disaggregation, autofill details, registration details, user profiles). The Application profile section allows you to input blood group but this data is optional.
 
Uses of that data: We process this data to carry out research relating to the use of EMKF services and products and to prepare statistics for future improvement of our service.
 
Use justification: The processing is necessary for research or statistical purposes and we publish anonymized and summarized statistics Our legitimate interest in processing data for these purposes for EMKF’s reporting/ analysis purposes. You may, for reasons arising from your particular situation, object to such processing at any time by sending an e-mail to emkf@emkfoundation.org.
 
Storage duration: The storage duration of your data on the basis of which we create the statistics corresponds to the period of processing according to Kenya Data Protection Act, 2019. If you object to your data processing, your data will no longer be used for this purpose. The statistics are anonymous.
 

Cookies and Tracking on Our Services

Our Services use so-called “cookies”. Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. We use the term “cookies” to refer to all tools that collect data on our Services (e.g. IP addresses, place and time of the visit of the users, the user’s name and password, the user’s location, the user’s preferences such as likes, preferred language, font size and more). These are stored on your device’s internal memory. The user’s data collected in this way is pseudonymized. The data is not stored together with the user’s other personal data. Our Services do not use these “cookies” explicitly. However, the Services may use third party code and libraries that use “cookies” to collect information and improve their services. This processing is carried out on a legal basis or, where required by law, based on your consent. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of the Service.
 

Service Providers

We may employ third-party companies and individuals due to the following reasons:
  • To facilitate the Services;
  • To provide the Services on our behalf;
  • To perform Service-related services; or
  • To assist us in analysing how our Services are used.

We want to inform users of Our Services that these third parties may have access to your Personal Data. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

 

Where Do We Store Your Personal Data

The personal data that we collect from you is stored in the Google workspace primarily, Website servers, and MailChimp.
Sensitive information between your device and Our Application and Websites is transferred in encrypted form. When transmitting sensitive information, you should always make sure that your browser can validate our certificate.
 

Disclosure of Your Personal Data

We use technical service providers to operate and maintain our Services, who act as our processors based on a data processing agreement. In addition, we do not transfer your personal data to third parties except for the purposes listed in this Privacy Policy (“Third Party” means a natural or legal person, public authority, agency, or other body, other than the data subject, data controller, data processor or persons who, under the direct authority of the data controller or data processor, are authorized to process Personal Data).
 
Use justification: The legal basis for the transfer of personal data to the processor and the processing by the processor depends on the legal basis on which we, as data controllers, rely Kenya Data Protection Act, 2019
 
Law enforcement: Under certain circumstances, the Organisation may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
 
Other legal requirements: The Organisation may disclose Your Personal Data in the good faith belief that such action is necessary to:
  • Comply with a legal obligation
  • Protect and defend the rights or property of the Organisation
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability
Business Transactions: If the Organisatiion is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
 

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Organisation’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
 
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
 
The Organisation will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
 

How Long Do We Retain Your Personal Data

We will hold the above data for as long as it is necessary in order to provide you with the Services, deal with any specific issues that may arise, or, otherwise, as it is required by the Kenyan law or by any relevant regulatory body. Specific storage periods for the respective processing activities are detailed above.
 
If your personal data is used for two different purposes, we will retain it until the purpose with the longest period expires, but we will stop using it for the purpose with the shorter period as soon as the shorter period expires.
 
We restrict access to your personal data to the persons who need to use it for the relevant purpose(s). Our retention periods are based on reasonable business needs, and your personal data that is no longer needed is either anonymized (and the anonymized data may be retained) or securely destroyed.
 
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements.
 
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.
 

Your Rights

Under the Kenya Data Protection Act 2019, section 26, you have various rights in relation to your personal data (as listed below). All of these rights can be exercised by contacting us at emkf@emkfoundation.org.
 
A data subject has; 
  • Right to be informed of the use to which their personal data is to be put: You have a right under the Kenya Data Protection Act 2019, to be informed of the nature of the processing in simple and clear language that is understandable;
  • Right to access their personal data in the custody of the Organisation: You have a right to obtain access and information under the conditions provided in Kenya Data Protection Act. This means that you have the right to obtain confirmation from us as to whether we are processing your personal data. If so, you also have the right to obtain access to personal data and information. This includes information regarding the purposes of the processing, the categories of personal data that are being processed, and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
  • Right to object to the processing of all or part of their personal data: You have a right to object under the Kenya Data Protection Act, 2019. You have a right to object to the processing of your personal data, unless EMKF demonstrates compelling legitimate interest for the processing which overrides your interests, or for the establishment, exercise, or defense of a legal claim. To exercise your rights of objection, you may contact us at any time by sending an e-mail to emkf@emkfoundation.org 
  • Right to correct false or misleading data: You have the right to rectification under the conditions provided in the Kenya Data Protection Act, 2019. This means in particular that you have the right to receive from us without undue delay the rectification of inaccuracies in your personal data and completion of incomplete personal data.
  • Right to deletion of false or misleading data about them: You have a right to erasure (“right to be forgotten”) under the conditions provided Kenya Data Protection Act, 2019. This means that you generally have the right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay. You can do this by deleting your account at any time. If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data.
  • Right to withdraw consent: You have the right to withdraw your consent at any time by notifying us by email to the following address: emkf@emkfoundation.org. By withdrawing your consent, the lawfulness of the processing based on consent up until the point of withdrawal will not be affected.
  • Right to restriction of processing: You have a right to restriction of processing under the conditions provided in the Kenya Data Protection Act, 2019. This means that you have the right to obtain from us the restriction of the processing. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data. Restriction means that stored personal data are marked with the goal of restricting their future processing.
  • Right to data portability: You have a right to data portability under the conditions provided in Kenya Data Protection Act, 2019. This means that you generally have the right to receive your personal data with which you have provided us in a structured, commonly used, and machine-readable format and to transmit those data to another controller without hindrance from us. 
  • Right to complain: As a data subject, you have a right to lodge a complaint with the Office of the Data Protection Officer, or at the EMKF office, emkf@emkfoundation.org.
  • Right to withhold consent: You have the right to withdraw your consent to the processing of your Personal Data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
 

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Asking us to stop processing your personal data or deleting your personal data will likely mean that you are no longer able to use the Services; or at least those aspects of the Services which require the processing of the types of personal data you have asked us to delete, which may result in you no longer being able to use the Services.
 

Data Security

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees and other third parties who are determined. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
 
While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
 

Changes to this Policy

We may update Our Privacy Policy from time to time. We, therefore, encourage you to review it from time to time to stay informed of how we are processing your data.  Any changes we make to our Privacy Policy in the future will be posted on this page and We will update the “Last updated” date at the top of this Privacy Policy. Where appropriate, We will notify you by email or other notifications.  Changes to this Privacy Policy are effective when they are posted on this page. This policy is effective as of 2022-09-01
 

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email: emkf@emkfoundation.org

The Emergency Medicine Kenya Foundation (EMKF) is a not-for-profit public benefit organization founded in 2015 by local healthcare professionals to help guide and inform the development of a sustainable emergency medical care system in Kenya appropriate for the local healthcare system. 

This Terms of Use (“Terms”) applies to all our services, platforms, applications, and sites (the “Services”) offered by Emergency Medicine Kenya Foundation (“EMKF”) and its affiliates. This Terms of Use doesn’t apply to Services that have a separate Terms of Use that do not incorporate this Terms of Use. 

This agreement is entered between and by “you” (the reader or any other user of the Services, and the Emergency Medicine Kenya Foundation (“EMKF”).  Access to the Services, and any use thereof, is sub­ject to the terms and con­di­tions set forth herein.  By accessing and continuing to use the Services, you acknowledge that you have read and agree to be bound by these Terms, which constitute a legal agreement (“Agreement”) between you and EMKF.

THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE EMKF’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SERVICE IMMEDIATELY AND DO NOT ACCESS, READ OR OTH­ER­WISE USE INFOR­MA­TION PRO­VIDED HEREIN.

BY ACCESS­ING THE SERVICES AND/OR READ­ING ITS CON­TENT, AND/OR USING IT TO FIND INFOR­MA­TION ON ANY OTHER SERVICE OR INFOR­MA­TIONAL RESOURCE, YOU ACKNOWL­EDGE AND AGREE THAT YOU HAVE READ AND UNDER­STAND THESE TERMS AND CON­DI­TIONS, THAT THE PRO­VI­SIONS, DIS­CLO­SURES AND DIS­CLAIMERS SET FORTH HEREIN ARE FAIR AND REA­SON­ABLE, AND THAT YOUR AGREE­MENT TO FOL­LOW AND BE BOUND BY THESE TERMS AND CON­DI­TIONS IS VOL­UN­TARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLU­ENCE EXER­CISED UPON YOU BY ANY PER­SON OR ENTITY.

Medical Advice Disclaimer

EMKF pro­vides the Services, infor­ma­tion, opinions, con­tent, ref­er­ences and links to other resources (col­lec­tively, “Con­tent”) for infor­ma­tional pur­poses only. EMKF does not pro­vide any med­ical advice or offer medical care on the Services.

Access­ing, read­ing or oth­er­wise using the Services does not cre­ate a doctor-patient rela­tion­ship between you and EMKF.  Pro­vid­ing per­sonal or med­ical infor­ma­tion to EMKF does not cre­ate a doctor-patient rela­tion­ship between you and EMKF.

Noth­ing con­tained in the Services is intended to estab­lish a doctor-patient rela­tion­ship, to replace healthcare services or the ser­vices of a trained healthcare pro­fes­sional, or oth­er­wise to be a sub­sti­tute for healthcare services or pro­fes­sional med­ical advice, diag­no­sis, or treatment.

You hereby agree that you shall not make any med­ical or health-related deci­sion based in whole or in part on any­thing con­tained in the Services.  You should not rely on any infor­ma­tion con­tained in the Services and related mate­ri­als in mak­ing med­ical, health-related or other deci­sions.  You should con­sult a licensed doctor or appropriately-credentialed healthcare worker in your com­mu­nity in all mat­ters relat­ing to your health.

Disclaimer Regarding Services Content and Related Materials

The Con­tent may be changed with­out notice and is not guar­an­teed to be com­plete, cor­rect, timely, cur­rent or up-to-date.  Sim­i­lar to any printed mate­ri­als, the Con­tent may become out-of-date. EMKF under­takes no oblig­a­tion to update any Con­tent on the Services.  EMKF may update the Con­tent at any time with­out notice, based on EMKF’s sole and absolute dis­cre­tion. EMKF reserves the right to make alter­ations or dele­tions to the Con­tent at any time with­out notice.

Opin­ions expressed in the Services are not nec­es­sar­ily those of EMKF.  Any EMKF opin­ions have been con­sid­ered in the con­text of cer­tain con­di­tions and sub­ject to assump­tions that can­not nec­es­sar­ily be applied to an indi­vid­ual case or par­tic­u­lar cir­cum­stance.  The Con­tent may not and should not be used or relied upon for any other pur­pose, includ­ing, but not lim­ited to, use in or in con­nec­tion with any legal proceeding.

This Services claim no credit for any images posted on the Services unless otherwise noted. Images on the Services are copyright to its respectful owners. If there is an image appearing on the Services that belongs to you and you do not wish for it to appear on the Services, please e-mail with details to said image and it will be promptly removed.

From time to time, the Services may con­tain health- or medical-related infor­ma­tion that is sex­u­ally explicit. If you find this infor­ma­tion offen­sive, you may not want to use the Services.

Guidelines for Using the Services

The Services are open to the pub­lic. You should con­sider com­ments care­fully and do not post any infor­ma­tion or ideas that you would like to keep pri­vate.  By upload­ing or oth­er­wise mak­ing avail­able any infor­ma­tion to EMKF in the form of user gen­er­ated com­ments or oth­er­wise, you grant EMKF the unlim­ited, per­pet­ual right to dis­trib­ute, dis­play, pub­lish, repro­duce, reuse and copy the infor­ma­tion con­tained therein.

You are respon­si­ble for the com­ments you post. You may not imper­son­ate any other per­son through the Services.  You may not post con­tent that is defam­a­tory, fraud­u­lent, obscene, threat­en­ing, inva­sive of another person’s pri­vacy rights or that is oth­er­wise unlaw­ful.  You may not post con­tent that infringes on the intel­lec­tual prop­erty rights of any other per­son or entity.  You may not post any con­tent that includes any com­puter virus or other code designed to dis­rupt, dam­age, or limit the func­tion­ing of any com­puter soft­ware or hardware.

Protected Health Information

EMKF prohibits the disclosure of Protected Health Information on any of our Services without the express consent of patients. This includes any text, images or videos that relate to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual. Protected Health Information includes many common identifiers (e.g., name, address, birth date, Hospital Number). 

With regards to patient consent, Protected Health Information can only be included in our Services if a patient has given their consent, in writing, to allow the publication of their personal information. In such circumstances, Protected Health Information can only be used for the purpose specifically mentioned in the consent form.

By sub­mit­ting or post­ing con­tent on the Services, you grant EMKF and any com­pany sub­stan­tially under the con­trol of EMKF, the right to remove any con­tent or com­ment that, in EMKF’s sole judg­ment, does not com­ply with the terms and con­di­tions of this Agree­ment or is oth­er­wise objec­tion­able.  You also grant EMKF and any com­pany sub­stan­tially under the con­trol of EMKF the right to mod­ify, adapt, and edit any con­tent.

Moderation Guidelines

Authority: The Services are moderated occasionally and posteriorly. Moderators are volunteers. Users posting comments on the Services should not be considered healthcare professionals.

Complementarity: Comments posted on the Services should be designed to support, not replace, the relationship that exists between a patient/Services visitor and his/her existing doctor.

Confidentiality: We remind you that everyone can read and use your comments. You do not have the possibility to erase your own comments. 

Comments: Users commenting on the Services must behave with respect and honesty at all times. Users may not post any commercial/advertising comment without permission. Users commenting must post information which is true and correct to their knowledge. We invite you to provide resources (references, links, …) on health/medical claims when possible and relevant.

By submitting or posting content on the Services, you grant EMKF and any company substantially under the control of EMKF, the right to remove any content or comment that, in EMKF’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant EMKF and any company substantially under the control of EMKF the right to modify, adapt, and edit any content.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in the Services shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and EMKF. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Services. Any payments made for items or activities listed on the Services are non-refundable and non-transferable.

Third-Party Resources Disclaimer

The Services may, from time to time, con­tain links to software, information, products, or web sites that are owned or operated by other companies. EMKF offers or facilitate this by hyperlinks or other methods to aid your access to the third-party resource and is not as an indi­ca­tion of any affil­i­a­tion, spon­sor­ship or endorse­ment. While EMKF endeavors to direct you to helpful, trustworthy resources, EMKF cannot recommend, endorse, approve, or guarantee software, information, products, or services provided by or at a third-party resource or track changes in the resource. Thus, EMKF is not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource. 

We share these resources on an “as is” basis. When you use a third party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third-party policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND EMKF MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Disclaimer of All Warranties

The Content made available at the Services is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, EMKF makes no warranty, representation or guaranty as to the Content, sequence, accuracy, timeliness or completeness of the Content, that the Content may be relied upon for any reason or that the Content will be uninterrupted or error-free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, EMKF makes no representations or warranties with respect to any Content offered or provided within or through the Services regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Services, will EMKF be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, EMKF shall have absolutely no liability in connection with the Services for:

  1. damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
  2. any loss or injury caused, in whole or in part, by EMKF’s actions, omissions, or negligence, or for contingencies beyond EMKF’s control, in procuring, compiling, or delivering the Content;
  3. any errors, omissions, or inaccuracies in the Content regardless of how caused, or delays or interruptions in delivery of the Content; or
  4. any decision made or action taken or not taken in reliance upon the Content.

Reservation of Intellectual Property Rights

The Services are protected by the Copyright Act Cap 130 of the Laws of Kenya. EMKF hereby reserves any and all intellectual property rights in the Services. 

The Content is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Based on a work at https://www.emergencymedicinekenya.org

Age Restriction

The Services are intended for persons thirteen (13) years or older. Persons under the age of thirteen (13) should not access, use and/or browse the Services.

Indemnification

You agree to indemnify and hold EMKF harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on the Services, (2) any violation of law that occurs by you through the Services, and/or (3) anything you do using the Services and/or the Content contained therein.

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing Law, Consent to Jurisdiction and Limitation on Claims

This Agreement and your use of the Services, along with the Content contained therein, shall be governed by and construed in accordance with the laws of Kenya without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in Kenya. You further agree that any claims or causes of action arising out of or related to this Agreement and the Services, along with the Content contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Entire Agreement

These terms describe the relationship between you and EMKF. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms. You hereby acknowledge that this Agreement represents the entire understanding between you and EMKF concerning your use of the Services and the Content contained therein. By law, you have certain rights that can’t be limited by a contract like these terms of use agreement. These terms are in no way intended to restrict those rights. 

Modification

EMKF may, in the EMKF’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part without any notice to you, whether prior or otherwise. We may update these terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the EMKF website.

If you don’t agree to the new terms, you should exit the Services immediately and do not access, read or oth­er­wise use infor­ma­tion pro­vided herein.

Waiver

EMKF’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision. If you don’t follow these terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

ANY SER­VICES, INFOR­MA­TION, OPINIONS, CON­TENT, REF­ER­ENCES AND LINKS TO OTHER RESOURCES (COLLECTIVELY, “CONTENT”) CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND EMKF. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SERVICES SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED DOCTOR IN YOUR COUNTRY.