Last revision March 24, 2021
1. Application of this policy
The Service is made available to you under a separate agreement between us and our customer.
2. Legally binding agreement
You should not provide us with any of your information, or log in to the Services or use the Service or our website if you have objections to any of these practices or terms.
3. Data security obligations
We utilize systems infrastructure for hosting, security, and delivery of our Service and website, such as third-party cloud servers, that is consistent with commercially reasonable practices for comparable companies in the United States. Since we don’t control them, we have no responsibility or liability to you, regarding third-party software, facilities, servers, systems, or other products, equipment, or services, even if they are utilized for the provision of our Service or website.
We have implemented technical and administrative safeguards to manage your personally identifying information that are designed to protect against unauthorized access to, or disclosure or use of, your information by our employees and contractors and against reasonably anticipated third-party threats to the security of your information.
In coordination with our customer, we will report to you any unauthorized access to, or disclosure or use of, your information.
4. Data privacy obligations and lawful basis of processing
5. Collection of your information
You provide us with your personal information when you log in to the Service or use the Service or our website. When you initially login to the Service or create an account with us, you provide us with information about you. At a minimum, this includes your first and last names, email address, and a password. This is information that can be uniquely identified with you or provide access to your account. You may also provide us with additional personally identifiable information through your use of the Service or our website, such as information or comments you may provide or make or comments you may leave in public areas of our website or your communications with us.
You permit us to use automatic data collection technologies, such as “cookies”. We use essential cookies on our website that are required for providing features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Services. Disabling these cookies may make certain features and services unavailable. We keep track of the actions you take on our Service or website. When you access our Service or website from a computer, mobile phone, or other devices, we may collect information from that device about your browser type and IP address, as well as the pages you visit. We may use these or similar technologies to make our Service or website easier to use, to make our communications better, or to protect both you and our Service or website. You can remove or block these technologies using the settings in your browser, but in some cases that may impact your ability to use our Service or website.
6. Disclosure and use of your information
We do not share or sell your personally identifying information, except for very specific purposes. These purposes include:
- To provide or administer our Service or website to our customer or to you and other users of our Service or website, which may include our sharing of your information with our customer
- To work with our third-party service providers in connection with our Service or website, such as our providers of cloud servers, content providers, payment processors, or mail/e-mail administrators
- To communicate with you
- To market our Service or website, including to you
- To analyze, improve, or develop our products and services or new products or services
- To offer or provide services jointly with other companies or organizations or to facilitate your use of their services
- To respond to legal requests, including pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law, to cooperate with law enforcement or other governmental authorities, or otherwise in accordance with applicable law
- To facilitate a sale or change of control of our business or our Service or website, in which case, among other things, your personal information may be an asset that we transfer
- To fulfill your requests or otherwise with your consent
However, we may disclose or use information that is not personally identifying. So long as this information has been disconnected from your unique personally identifiable information, we may disclose or use it without limitations or restrictions, for any purpose, even after you delete your account. This includes anonymized and aggregated information about users of our Service or website that may include your information, including for benchmarking or producing market research.
In addition, we may use your personal information for generating analytics and related materials. Unless applicable law or contractual obligations requires us to erase your personal information or restrict processing or use of your personal information, and you elect, in accordance with those laws, to have us erase or cease use of your personal information, we may use your personal information to provide our Service (including by providing your information to third party providers of services contracted by us) or for generating analytics (or related reports or materials) or any other purpose reasonably related to our business. Our rights will continue even after you leave our customer’s practice or facility or after termination of our agreement with the customer. For example, your name will remain recorded in the Service as part of the scheduling information from the period during which you were affiliated with the customer. Requests to modify or remove personal information should be sent to a representative of our customer.
7. Certain disclaimers and obligations
You are responsible for how you use information from our Service or website. This is the case even if information from our Service or website includes errors or is not complete or correct. In addition, information from our Service or website will be provided by or from parties other than us, and we have no responsibility for that information.
Among other things, you will be responsible for, and may not rely on the Service or any information produced by the Service in connection with, patient care requirements, legal or regulatory requirements, or other medical, diagnostic, or therapeutic use.
You understand that our Service infrastructure or website may be compromised. While we use commercially reasonable systems to support our Service or website, like any technology, our Service infrastructure or website may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report data.
You understand that our Service or website may experience a security breach. As above, while we use commercially reasonable systems to secure our Service or website, like any technology, our Service infrastructure or website may experience a security intrusion or data breach.
8. Certain rights you have
Users of Equium may have certain options or rights when it comes to their own personal information. For example, users may have the right to access, update, and correct their information. Users in certain countries, such as the EU, may have additional rights. This section outlines the options or rights you may have. As Equium processes personal information on behalf of its customers, your data request may be directed to them, who will be responsible for responding to your request.
Your California Privacy Rights. California Civil Code Section §1798.83 permits users of our Service or website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the address below. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or postcard. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and include your name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (i.e., email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Users outside of the United States. If you are accessing our Service or website from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from our Service or website may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using our Service or website or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use and to those with whom we may share your information.
Your data protection rights under The General Data Protection Regulation (GDPR). If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We will take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.
If you wish to be informed of what personal data we hold about you and if you want it to be removed from our systems, please contact a representative of our customer.
In certain circumstances, you have the following data protection rights:
The right to access, update, or to delete the information we have on you. Whenever made possible, you can access, update, or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact a representative of our customer to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your personal data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Access and Correction. If you wish to review or correct any of your personal information that we collect or store, please send an email or write to us at the address below. Your right to access or correct personal information may be subject to certain legal restrictions, including information that references other individuals or confidential commercial information. We may require you to provide additional information in order for us to process your request. Upon verification, we will provide you with access to your personal information within thirty (30) days.
You may opt-out of certain communications. We may communicate electronically and such communications are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You may cancel text message notifications at any time. If you do not want us to use your information to communicate with you, you can opt-out by notifying us of your intent to unsubscribe from such communications either by clicking the “unsubscribe” link contained within the communication or contacting us at the address below.
Equium Intelligence, Inc.
40 E Montgomery Ave
Ardmore PA, 19003,
11. Additional limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED YOUR PROPORTIONATE SHARE (BASED ON THE TOTAL NUMBER OF OUR CUSTOMER’S USERS) OF THE FEES RECEIVED BY US FROM THE CUSTOMER FOR THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RIGHT TO THE LIABILITY OR, IF GREATER, THE AMOUNT OF INSURANCE PROCEEDS ACTUALLY RECEIVED BY US, AND DESIGNATED FOR OUR LIABILITY TO YOU, BASED ON THE EVENT GIVING RISE TO THE LIABILITY TO YOU.
THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Additional indemnification
13. Severability of terms
14. Entire agreement
15. Applicable law
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
March 24, 2021
- In Section 5, we updated the types of personal information that we collect when you create an account with us as well as updated the types of cookies that we use to only essential cookies.
- In Section 6, we updated how anonymized and aggregated data can be used and how requests should be made to remove personal information from our system including after you leave our customer’s practice or facility.
- In Section 8, we updated how residents of the European Economic Area (EEA) can make requests to remove, update, or access personal data.