- Definitions. The following terms shall be defined as set forth herein. “Content” has the same meaning as set forth in the End User Licensing Agreement to which specific reference is made; “Cookies” refers to small data files that may convey to SERVICE PROVIDER anonymous information about how you browse the SERVICE; “Device Identifiers” are small data files or related structures stored on or associated with a mobile device which identify your specific mobile device and includes without limitation data stored in connection with hardware, operating systems, or other software, or information sent directly to SERVICE PROVIDER by the device; “Location Data” includes GPS coordinates, latitude, longitude, or similar information regarding the location of your mobile device; “Mobile Device” includes without limitation mobile telephones, iPhones, tablets, iPads, Androids, and any similar technology or item; “Non-Personally Identifiable Information” includes non-private and/or aggregated information that does not identify a user (including without limitation anonymous usage data and platform types); “Persistent Cookies” refers to cookies that remain on a hard drive after a web browser is closed to be used by the browser on subsequent visits to the SERVICE; “Personal Identifying Information” refers to information that includes a user’s name or otherwise could be deemed by a reasonable person to identify a user or distinguish a user from all other users; “Session Cookies” refers to cookies that are temporary and disappear after a web browser is closed; “SSL” means secure socket layer technology; “User” means any person who access or uses the SERVICE; and, “You” means any user of the SERVICE.
- Information SERVICE PROVIDER Collects & Uses. SERVICE PROVIDER uses the information you provide to (i) operate, maintain, and offer the features and functionality of the SERVICE, (ii) analyze how the SERVICE is used, (iii) diagnose service or technical problems, (iv) maintain security, (v) personalize content, (vi) store and remember information to help you more efficiently access your account, (vii) monitor metrics including without limitation the total number of visitors, traffic, and demographic patterns, and (viii) track content and users so as to comply with all applicable law, rules, and regulations, including without limitation that Digital Millennium Copyright Act.
- Information Provided by Users. You are providing information about yourself such as your name and email address. We collect this information if you sign up for the SERVICE, follow us on social media and related sites such as Facebook and Twitter, or download or apply for any applications offered by SERVICE PROVIDER through any third-party site or network. Depending on your settings and authorizations on the SERVICE, the information you choose to provide will be viewable by and accessible to third parties.
- Email. We may use your email address to send you notices related to the SERVICE (including notices required by law). Notices may include marketing materials. You may opt out of receiving marketing materials via email to firstname.lastname@example.org. Communication by email may be public, including your name, email address, the content of any messages you send to the SERVICE, and the content of any message the SERVICE sends to you. You agree to be contacted by email as opposed to postal mail.
- Invitation. If you use any invitation service to invite third parties to the SERVICE, you will be asked to provide that party’s email address and automatically send that party an email invitation. SERVICE PROVIDER stores the information needed to send in the email, to register the third party if that third party accepts the invitation, and to track the metrics associated with any invitation service we might offer.
- Content. You also provide information in the content that you post on the SERVICE. This content and metadata may be accessed by other users based on your security settings and authorizations. SERVICE PROVIDER can, but is not obligated to, monitor content posted on the SERVICE. It can remove any information that you post for any reason or no reason. Except for content viewable in accordance with your authorizations and security settings, SERVICE PROVIDER and its agents and employees will not view your content except to (i) maintain, provide, or improve the SERVICE, (ii) help you and resolve support requests, or (iii) comply with or avoid violation of applicable law or otherwise cooperate with law enforcement, all in SERVICE PROVIDER’s sole discretion.
- Cookies. When you use the SERVICE, we may send one or more cookies to your computer to uniquely identify your browser and let SERVICE PROVIDER help you log in faster and enhance site navigation. Persistent cookies may be removed per your web browser’s instructions. You can also set your web browser to refuse all cookies or to indicate when a cookie is being sent. Some SERVICE features may not function properly if the ability to accept cookies is disabled.
- Log Files. When you use the SERVICE, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, IP address, browser type, referring/exit pages, URLs, number of clicks, how you interact with links on the SERVICE, domain names, landing pages, pages viewed, mobile carrier, and similar information.
- Clear Gifs Information. We may employ clear gifs (also known as “web beacons”) to track online usage patterns. We may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and improve the SERVICE.
- Location Data. When you use the SERVICE by or through a mobile device, SERVICE PROVIDER may access, collect, monitor, and/or remotely store location data. Location data may convey to SERVICE PROVIDER information about how you use the SERVICE. It does not collect or provide us with personally identifying information about you; however, location data may be used in conjunction with personally identifying information. Some features of the SERVICE may not operate properly if use or availability of location data is limited or disabled.
- Device Identifiers. When a user accesses the SERVICE by or through a mobile device, SERVICE PROVIDER may access, collect, monitor, and/or remotely store one or more device identifiers. SERVICE PROVIDER may use device identifiers to improve the SERVICE. The device identifier may provide SERVICE PROVIDER with information about how you use the SERVICE, but it does not collect or share personally identifying information. However, a device identifier may be used in conjunction with personally identifying information and may remain on your device to speed up the login process and enhance navigation on the SERVICE. Some aspects of the SERVICE may not function properly if the availability and use of device identifiers is limited or disabled. SERVICE PROVIDER may access, collect, and store device identifiers once the user enables the SERVICE.
- Third Party Tools. SERVICE PROVIDER may use third party tools (e.g., Google Analytics or similar tools) to study SERVICE usage and performance. Many of these tools collect the information sent by your web browser as part of a web page request (including cookies and your IP address). These tools receive the information provided to SERVICE PROVIDER and use it as governed by their own privacy policies.
- Using Your Information (User). SERVICE PROVIDER will display your information on the SERVICE in accordance with your authorizations and security preferences. The information that you provide for inclusion on the SERVICE should reflect how much you want others to know about you. Consider this carefully before disclosing any information and recognize that the more content you provide the less anonymous you may be. You can review and revise your user information at any time. SERVICE PROVIDER may share or disclose information with your consent.
- Sharing Information with Third Parties. SERVICE PROVIDER may share your personally identifying information with third parties for providing the SERVICE. Information may also be stored in locations outside of SERVICE PROVIDER’s direct control. SERVICE PROVIDER may share your information with a third-party application with your consent including without limitation when you access the SERVICE through such third-party application. SERVICE PROVIDER is not responsible for any third party’s use or disclosure of your information. You should only use applications that you trust and that have privacy policies that you consider acceptable.
- Business Transfers. As SERVICE PROVIDER develops its business, it may buy or sell assets or make certain offerings. Customer information is generally one of the transferred assets. Information may also be transferred or assigned in the event of a divestiture, merger, or dissolution.
- Non-Personally Identifiable Information. SERVICE PROVIDER may use non-personally identifiable information with third parties for any purpose whatsoever.
- Information Security. SERVICE PROVIDER takes commercially reasonable measures to protect the security of user data.
- SSL.SERVICE PROVIDER and/or its vendors use SSL for the encrypted transmission of sensitive information including credit card numbers; SERVICE PROVIDER and/or its vendors continuously and regularly backup your data to help prevent loss and assist in recovery; SERVICE PROVIDER and/or its vendors protect against common web attack vectors, host data in secure data centers, and implement firewalls and access restriction on their servers to secure their network.
- Notification of Breach. In the event personal information is compromised because of a security breach, SERVICE PROVIDER will promptly notify those users whose information is reasonably believed to have been affected.
- Disclaimer of Warranties. No method of electronic transmission or storage is completely secure. The SERVICE is provided “AS IS” and SERVICE PROVIDER makes no warranty, express or implied, concerning the security or integrity of any user data. All implied warranties, including without limitation the implied warranties of merchantability or fitness for a particular purpose, are hereby disclaimed.
- No Obligation to Provide Information. You are not obligated to provide any information to SERVICE PROVIDER. However, the failure to provide SERVICE PROVIDER with certain information may limit or otherwise impact the services available on the SERVICE.
- Children’s Privacy. The SERVICE is not intended for use by anyone under the age of 13 years. SERVICE PROVIDER does not knowingly collect or solicit personal information from anyone under the age of 13 years or knowingly allow such persons to register for the SERVICE. If SERVICE PROVIDER learns that it has collected personal information from a child under the age of 13 years without verification of parental consent, SERVICE PROVIDER will promptly take steps to remove that information. If you believe that SERVICE PROVIDER has or may have information from or about a child under 13 years of age, please contact SERVICE PROVIDER at email@example.com.
- Discussion Rooms, Blogs, Etc. Any information posted in a discussion room, group room, blog, or the like is considered publicly accessible, and the user should not post any information it wishes to keep confidential.
- Modifications. SERVICE PROVIDER reserves the right to change this Policy from time to time and in its sole discretion. The modifications will take effect immediately upon posting on the SERVICE website.
- HIPAA Compliance. You hereby acknowledge and warrant as follows: (i) SERVICE PROVIDER is not a Business Associate as defined by the Health Insurance Portability and Accountability Act of 1996 and any regulations promulgated thereunder, all as amended (“HIPAA”); (ii) you will not share Protected Health Information (as defined by HIPAA, “PHI”) about any patient unless same is required as part of the Services; (iii) prior to sharing any PHI about any patient, you will have obtained any written statutory releases required from such patient and will provide same to SERVICE PROVIDER promptly upon request, and you will not share any PHI with SERVICE PROVIDER until such release has been duly executed by the patient; (iv) you acknowledge that every data storage and information sharing system is subject to hacks and breaches and accept all risk that PHI shared with SERVICE PROVIDER is accessed without authorization, (v) you agree to indemnify and hold SERVICE PROVIDER harmless from any claim, allegation, investigation, loss, injury, damage, or penalty, including those imposed by federal, state, or local governments, in whole or in part on the grounds of any alleged or actual HIPAA violation.
REVISED March 29, 2022.