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TEMP – Office Practicum Privacy Policy and Terms of Use

EFFECTIVE: October 1, 2018

Rev. 2/7/2020

This Privacy Policy governs the manner in which Office Practicum collects, uses, maintains and discloses information collected from users (each, a “User”). This privacy policy applies to the Office Practicum website (“Site”), and all products and services available through Office Practicum portals, website, forums, or other web- or cloud-based sites or services offered by Office Practicum (collectively, “OP Service(s)”).

We may collect information from Users in a variety of ways, including, but not limited to, when Users visit, access, register, fill out a form, or otherwise use OP Services. Users may be asked for, as appropriate, name, email address, mailing address, phone number, etc. (“personally identifiable information”). We will collect personally identifiable information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from accessing, using, or otherwise engaging in related activities with the OP Service.

We may also collect non-personally identifiable information about Users whenever they interact with OP Services. Non-personally identifiable information may include the browser name, the type of computer and technical information about Users’ means of connection to OP Services, such as the operating system and the Internet provider(s) utilized and other similar information.

OP Services may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the OP Service may not function properly.

Office Practicum may collect and use Users’ personal information for the following purpose:

    • To Provide OP Services: As needed to provide access to, and proper use of, the OP Services.
    • To improve customer OP Service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
    • To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the OP Services and resources provided on or through OP Service.
    • To improve our site: We may use feedback you provide to improve our products and OP Services.
    • To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. By providing an email address or other contact information, a User opts into our mailing list, and they will receive emails that may include company news, updates, related product or OP Service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
  • Third Party Service Providers: Office Practicum may also share your personal information with its third-party OP Service providers (such as its hosting partners) to provide the necessary hardware, software, networking, storage, and other OP Services we use to operate the OP Service and maintain a high-quality user experience.
  • Legal Requirements: In addition to the purposes described above, we disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on OP Services.

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above, and as may be permitted by any written agreement between us.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at OP Services from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Public forums: You should be aware that any information you provide on or through certain OP Services (e.g., the Ideas Portal and listserv forums) may be read, collected, and used by others who access them. 

Correcting and updating your information: Customers may update or change the personal information they have provided Office Practicum by logging into the OP Service and providing such additional information where applicable. If you are our customer and would like to gain access to, or request deletion of information we have collected, please contact us at (800) 218-9916 or emailing support@officepracticum.com.

Links to other websites: An OP Service may contain links to other websites and web applications,sites or information that are not owned or controlled by Office Practicum. Please be aware that we do not determine and we are not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave an OP Service and read the terms of use and privacy statements of other websites and web applications . 

Updates to Privacy Policy: Office Practicum has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Acceptance: By using this OP Service, you signify your acceptance of this policy. If you do not agree to this policy, please do not use this OP Service. Your continued use of the OP Service following the posting of changes to this policy will be deemed your acceptance of those changes.

Office Practicum Terms of Use 

EFFECTIVE: October 1, 2018

Rev. 2/7/2020

THESE TERMS OF Use (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND Office Practicum  AND GOVERN THE USE OF AND ACCESS TO products and services available through the Ideas Portal, website, forums, or other web- or cloud-based sites offered by Office Practicum (“OP Service(s)”).

By accessing or using a OP Service, or authorizing or permitting another person or entity on your behalf to access or use the OP Service (“End User”), You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Office Practicum that You have the authority to bind such Entity and its affiliates to these Terms. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the OP Service.

Other terms may apply if you have a separate written agreement with Office Practicum. The terms of any such agreement, as applied to its subject matter, override the terms contained here. Office Practicum has the discretion to update these Terms at any time. When we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

1. GENERAL CONDITIONS; ACCESS TO AND USE OF THE OP Service

1.1 You have the limited right to access and use the OP Service for Your internal business purposes. Without limiting the foregoing, Your right to access and use the OP Service is also subject to the restrictions and policies implemented by Office Practicum from time to time with respect to the particular OP Service.

1.2 You agree not to, as applicable: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the OP Service available to any third party, other than End Users in furtherance of Your internal business purposes as expressly permitted by these Terms; (b) use the OP Service to process data on behalf of any third party other than Subscribers or End Users; (c) modify, adapt, or hack the OP Service or otherwise attempt to gain unauthorized access to the OP Service or related systems or networks; (d) falsely imply any sponsorship or association with Office Practicum, (e) use the OP Service in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the OP Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the OP Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the OP Service in any manner that interferes with or disrupts the integrity or performance of the OP Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the OP Service; (j) use the OP Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the OP Service to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103; (l) use the OP Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software“); or (m) try to use, or use the OP Service in violation of these Terms.

1.3 You are solely responsible for ensuring that use of the OP Service to store and transmit any of your own information is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the OP Service is sufficient for Your purposes. Access to and use of certain OP Services is restricted to contracted OP customers. You agree and acknowledge that each End User in Your practice will be identified by a unique email address and password (“Login“) and that an End User Login may only be used by one (1) individual. You will not share a Login among multiple individuals. You and Your End Users are responsible for maintaining the confidentiality of all Login information for Your Account.

2. DATA PRIVACY AND SECURITY; CONFIDENTIALITY

2.1 Confidential Information: means all information disclosed by You to Office Practicum or by Office Practicum to You electronically through the OP Service, or in any other manner, which may or may not be labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Subject to the express permissions of these Terms, You and Office Practicum will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and Subscribers who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.

2.2 Privacy Policy: Use of this OP Service is subject to its Privacy Policy.

3. INTELLECTUAL PROPERTY RIGHTS

The rights granted to You, Subscribers and End Users to use the OP Service under these Terms do not convey any additional rights in the OP Service, or in any rights, title and interest in or to any patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights“). Subject only to limited rights to access and use the OP Service as expressly permitted herein, all rights, title and interest in and to the OP Service and all hardware, software and other components of or used to provide the OP Service, including all related intellectual property rights, will remain with and belong exclusively to Office Practicum. 

Ideas. In using certain OP Services, You may provide ideas, plans, workflow designs and other materials to Us, and collaborate with Us in order to enhance or customize Office Practicum’s products or services..  Any and all such contributions You provide to Us which become incorporated into the Services are, without exception, Our property with no claim or reservation of intellectual property rights by You, and We may implement any of Your ideas, plans, work processes or business rules and may re-use them in whole or in part for the implementation of OP or the Services for any of our other customers.  Nothing in this section applies to Your content, brands, trademarks, copyrighted materials, or other intellectual property interests contained in patient data.

4. Third Party OP Services

If You decide to enable, access or use non-Office Practicum OP Services provided by third parties (“Third Party OP Services”) be advised that Your access and use of such Third Party OP Services is governed solely by the terms and conditions of such Third Party OP Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third Party OP Services, including, without limitation, their content or the manner in which they handle data (including Your Data) or any interaction between You and the provider of such Third Party OP Services. You irrevocably waive any claim against Office Practicum with respect to such Third Party OP Services. Office Practicum is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party OP Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party OP Services. You may be required to register for or log into such Third Party OP Services on their respective websites. By enabling any Third Party OP Services, You are expressly permitting Office Practicum to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Third Party OP Service.

5. DISCLAIMER OF WARRANTIES

OP SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND Office Practicum EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Office Practicum DOES NOT WARRANT THAT THE OP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Office Practicum OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

6. LIMITATION OF LIABILITY

6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBSCRIBERS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE OP Service, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

6.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, Office Practicum’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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