AgileMD Terms of ServiceLast updated: April 4th, 2017
AgileMD, Inc. ("Agile") provides a platform, including a website available at www.agilemd.com and related mobile applications (collectively, the "AgileMD Platform"), which makes available various services, including authoring tools and content (the "Services").
1. WHAT INFORMATION IS COLLECTED
a. Personally Identifiable Information
Agile may collect personally identifiable information from you in connection with your registration, such as your e-mail address, name, telephone number, professional organization to which you belong ("Organization"), title and medical specialty, as well as demographic information (which is not unique to you) such as your ZIP code, age, and gender. We will also collect any information that you decide to provide as part of your profile page. To the extent you decide to purchase content or other products or services via the AgileMD Platform, whether provided by us or third party providers ("Paid Content"), we or the applicable third party provider ("Content Provider") will collect the information that you provide in connection with such purpose, including credit card information. In addition, to the extent any feedback, recommendations and/or suggestions provided by you with respect to the Services ("Feedback") contain any personally identifiable information, we will collect such information. In the event that you contact Agile or one of our partners for customer support, we or our partner may also request that you provide additional information relevant to the support requested by you. You are under no obligation to provide such information, but we cannot guarantee that we can provide customer support in the event that relevant information related to the use of the AgileMD Platform or Services is withheld. Finally, to the extent you use any of the web-authoring or content storage tools offered via the AgileMD Platform, we may store the content which you provide, which may include personally identifiable information.
b. Other Information
c. No Patient Information. We remind you that our Terms of Service prohibit you from providing us with any individually identifiable health information, as that term is defined in the United States Health Insurance Portability and Accountability Act of 1996 (HIPAA) and related statutes and regulations. Agile does not knowingly collect personal health information about individuals and does not collect or maintain information that would allow it to associate your use of the AgileMD Platform or Services with a specific patient or other individual.
2. HOW INFORMATION IS USED
Agile collects and uses your personally identifiable information to operate the AgileMD Platform and deliver the Services. In addition, your credit card information -- to the extent you provide such information to purchase Paid Content C"b,b may be used to process your payment. We may also use your personally identifiable information to inform you of other products or services available from Agile and its affiliates and business partners, subject to your ability to opt-out of receiving such information as described below. Note, however, that we reserve the right to send you certain communications relating to the Services, such as service announcements and administrative messages. Since these messages are sent to you to administer your membership and provide the Services, you will not have the opportunity to opt out of receiving them.
Agile may also contact you via surveys to conduct research about your opinion of current services or of potential new services.
Agile keeps track of the websites and pages you visit within the AgileMD Platform, what features and content you use and how frequently. For instance, we may analyze how a primary care doctor uses the Services differently than a surgeon. This information may be used by Agile to maintain and improve the content, design, usability, and quality of the Services; to improve your user experience; to generate and provide statistics regarding use of the AgileMD Platform and the Services; to deliver customized content and advertising within the AgileMD Platform to users whose behavior indicates that they are interested in a particular subject area, and to develop new products and services.
3. HOW INFORMATION MAY BE SHARED
Agile does not rent, sell, or share personally identifiable information with other people or non-affiliated companies except to provide products or services that you have requested, or when Agile has your permission, or under the following circumstances:
Aggregated Information: Agile may share aggregated, de-identified information, including Log Data, with third parties for industry analysis, demographic profiling, and for any other purposes for which we may use such information, including marketing purposes (subject to the ability to opt-out of receiving marketing materials as described below).
Your Organization: We may share with your Organization any data regarding your usage of the Services ("Usage Data") on an individual basis. You acknowledge and agree that such data may include deviations from the applicable protocols.
Contributors: We may share your Usage Data with respect to a particular article or other contribution with the applicable contributor. We may also share any Feedback (including any personally identifiable information contained therein) that you provide with respect to such article or contribution with such contributor.
Service Providers: We may employ third party companies to process payment, provide customer support, perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analyzing how our Website is used. These third parties may have access to your personal information to the extent required to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We may also provide personal information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications by contacting those third parties directly.
Compelled Disclosures: Agile cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Agile or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity. We may also share your information as necessary to enforce any violation of our Terms of Service or our Terms and Conditions for Organizations.
Corporate Transactions: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
4. HOW WE PROTECT YOUR INFORMATION
Agile uses reasonable means, including technological, administrative, and/or physical safeguards, to protect the confidentiality of your information. For instance, Agile stores your information on computer servers that are maintained in a controlled, secure environment, and Agile adopts reasonable measures to protect those servers and your information from unauthorized access, use or disclosure. When personally identifiable information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
No method of safeguarding information is perfect, however, and Agile cannot and does not guarantee that your information will be 100% secure. It also is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off from Agile AgileMD Platforms when finished using a shared computer.
Without limiting the foregoing, Agile shall not be liable for any transfer of personally identifiable information that results from loss or destruction of data, corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, sabotage, terrorism or any other event beyond Agile's control.
In addition, Agile is not responsible for the confidentiality, security or distribution of your own personally identifiable information by our partners and third parties outside the scope of our agreement with such partners and third parties.
5. CHANGE AND CORRECTIONS
You can review and make changes to the personally identifiable information that you provided to Agile at any time by logging in to your account. Please be aware that even after your request for a change is processed, Agile may, for a time, retain residual information about you in its backup and/or archival copies of its database.
If you provide AgileMD with personally identifiable information, you have the following rights with respect to that information: - To review the personally identifiable information that you provided to Agile - To request that Agile correct any errors, outdated information, or omissions in the personally identifiable information that you provided to Agile - To request that your personally identifiable information not be used to contact you - To opt out of receiving marketing materials regarding products and services of Agile, its affiliates or business partners
If you request that your personally identifiable information be deleted from Agile's records, there may be a brief delay in Agile's processing that request, while Agile verifies that the request is valid and originates from you as opposed to an unauthorized third party. Please note that if you request that your personally identifiable information be deleted, Agile shall have the right to terminate and/or limit your access to the AgileMD Platform.
If you terminate your subscription to the Services, Agile may retain your personally identifiable information in its records for Agile's business purposes. Without limiting the foregoing, we may retain communications relating to customer support, and/or information drawn from such communications, for statistical and/or reference purposes.
To exercise any of these rights, please send your request to firstname.lastname@example.org. Please send your request using an email account that you have registered with the AgileMD Platform under your name.
6. CONTACT INFORMATION FOR PRIVACY QUESTIONS
If you have questions about this policy or Agile's information collection, use and disclosure practices, you may contact us at:
c/o Privacy Officer
301 Howard St, Suite 950
San Francisco, CA 94105
By Phone: (650) 687-7054
By Email: email@example.com
We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of personally identifiable information about you. Except where required by law, Agile cannot ensure a response to questions or comments regarding topics unrelated to this policy or Agile's privacy practices.
For users in India: If you have any grievance or complaints with regard to the collection, usage, storage, processing, transfer or disposal of your personally identifiable information, please contact our Grievance Officer, whose details are listed below.
c/o Grievance Officer
301 Howard St, Suite 950
San Francisco, CA 94105
By Phone: (650) 687-7054
By Email: firstname.lastname@example.org