2. Definitions
“Activity Logs” are the Company’s and its CCA Service Contractors' records of when PHR Data is created, accessed, modified, deleted, released, or exported from and/or within your CCA PHR.
“Aggregate Data” is PHR Data that is: (1) grouped so it does not connect to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data is de-identified data and cannot be used to identify you as an individual.
“Authorized User” is any individual or entity authorized designated by you to receive a User ID in order to access and/or provide information to a Care Circle Account, including without limitation, any Subscriber, Care Recipient, Provider, or Wisdom Caregiver.
“Care Circle Account” is the account created by you in connection with your paid Subscription to the Service.
“Care Recipient” is a minor child or other individual over whom a Subscriber has legal authority or who has consented to the Subscriber’s caregiving and opening of a Care Circle Account on his or her behalf.
“CCA Platform” is the care management platform for which you may obtain a paid Subscription to use in connection with your Care Circle Account.
“CCA Service Contractor” is a person or entity that is hired to perform certain functions for us to support the development, maintenance, and implementation of the Service. CCA Service Contractors may include software or website designers and data storage providers.
“PHR” means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share health information. As a Subscriber, your Care Circle Account features a PHR, referred to herein as your “CCA PHR.”
“PHR Data” means information you provide and/or authorize all or some of your Authorized Users to provide to your CCA PHR. Any information in your CCA PHR is considered PHR Data. PHR Data might include, but is not limited to, the following:
• Your name and contact information, such as your address, phone number, or email address
• Your medical history, conditions, treatments, and medications
• Your healthcare claims, health plan account numbers, bills, and insurance information
• Demographic information, such as your age, gender, ethnicity, and occupation
• Computer information, such as your IP address and "cookie" preferences
As described further below, we may use your PHR Data to achieve the following:
• Operate and manage the CCA PHR platform, software, and website
• Maintain and protect our computer systems
• Comply with the law, such as responding to subpoenas and search warrants
PHR Data includes Personal Information and Aggregate Data.
“Personal Information” means information about you that reasonably can be linked to you such as your name, health information, and other identifiers. Personal Information may also include but is not limited to your health information, financial information or social security number.
“Provider” means a provider of Third Party Services, such as products, services or resources.
“Reporting” refers to any activity whereby CCA and our CCA Service Contractors might report about business activities and customers (you) to others, such as investors, auditors, potential business partners, or public communities. Reports will not include Personal Information without your specific permission or as permitted or required by law.
“Security Measures” may include computer safeguards, secured files, and employee security training. In addition, we may be required by law to notify you about particular data breaches.
“Third Party Services” are websites, services and Providers available on the Internet that are operated and controlled by organizations other than CCA, but may be linked to the CCA website.
“User Generated Content” is content that a Subscriber or Authorized User generates, and may include visual images, messages, posts, PHR Data, and Personal Information.
“Wisdom Caregiver” is a person that supports and assists one or more Subscribers in using the Services and with whom CCA has contracted to facilitate the provision of Services to Subscribers.
3. What Information We Collect
3.1 Before you become a Subscriber, we may collect your information in the following ways:
(a) If you contact us through the Internet and provide us with your contact information (e.g., name, mailing address, email address and other information). We will use such information for the sole purpose of informing you about the Service and inviting you to register for the Service.
(b) You post and share User Generated Content with others at your own risk. Although we limit access to certain pages, you may set certain privacy settings and alerts for such information by logging into your account profile upon subscribing to the Service. Please be aware that no Security Measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Generated Content. Therefore, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons.
3.2 In order to create a Care Circle Account, you must be a Subscriber. As part of the Subscription process, you may be asked to provide certain Personal Information. You also may be asked to confirm the information that you provided to CCA prior to your Subscription, if any. As part of the Subscription process, you will also have the opportunity to provide additional information to CCA that may enhance your use of the Service.
3.3 In general, we collect all your User Generated Content. As a Subscriber, you can add information to your Care Circle Account. You may choose to provide Personal Information, and you may opt to upload PHR Data to your CCA PHR. You may also choose to include Personal Information about others in your profile by providing us with names and contact information for emergency contacts and Authorized Users. You must have legal authority or have obtained authorization from the Care Recipient in order to share his or her data and User Generated Content with CCA and other Authorized Users. You represent and warrant that you have such legal authority or authorization. We also may collect User Generated Content from any Authorized User whom you expressly authorize to access or send information (including PHR Data and Personal Information) to your Care Circle Account. If you choose to request that an Authorized User add or upload health records or other PHR Data, it is your responsibility to obtain authorization from the Care Recipient that complies with the requirements of the Health Insurance Portability and Accountability Act of 1996, as amended.
3.4 We passively collect information from you as you navigate through our Service. We may track IP addresses, use industry standard tracking devices (e.g., session and persistent cookies, flash cookies, web beacons), and electronically gather information about the technology you use to access the Service and the areas of the Service you utilize. We passively collect this information for operational purposes such as evaluating, updating and improving the Service.
3.5 Cookies help us in many ways to make your visit to our websites more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. We may use such "cookie" technology to obtain non-personal information from you as an online visitor. As an example, this might entail recognizing several web page requests coming from the same computer and therefore the same visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. If you do not wish for us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Service may then be inaccessible and you may not receive the full benefits of the Service.
4. How We Use Your Information
4.1 We use your information to provide the Service as described on the Website and Terms of Service, as well as to enhance the performance of the Service and/or to create new services. We may use Personal Information for product development or product enhancement.
4.2 If you choose to designate any Authorized User to participate in the Service with you, then we may use your information to facilitate the exchange of information and communication between you and such Authorized User.
4.3 Depending on your Care Circle Account settings (as described in Section 6 below), communications between you and your Authorized Users may be initiated by you or your Authorized User. You are under no obligation to initiate or respond to such communications. By participating in such communications, as directed by you, you agree that some or all of your PHR Data contained in your CCA PHR may be shared with your Authorized Users through the Service. Additionally, your CCA PHR may be shared, at your election, through interfaces with a health care provider’s information systems (so long as such health care provider is an Authorized User), and you agree that such PHR Data may be incorporated into your health care record maintained by your Authorized Users who provide health care services and maintain health records. We will not alter the content of User Generated Content. However, we may remove or block any content that we deem offensive, indecent, or otherwise objectionable or in violation of the Terms of Service. We may keep a record of all communications between you and your Authorized Users. We will not share the content of such communications except as permitted under this Privacy Policy, the Terms of Service, or as required by law, unless you expressly consent to or authorize disclosure.
4.4 We will not sell or rent, your Personal Information or PHR Data without your written consent. We will not use or disclose your Personal Information or PHR Data, except as described in this Privacy Policy, the Terms of Service, or as permitted or required by law.
5. Sharing Your Information With Third Parties
5.1 We may make your Personal Information available to Authorized Users or as necessary to complete transactions you authorize.
5.2 We may disclose your Personal Information to our CCA Service Contractors that provide technical support or other services to us related to the Service. All such CCA Service Contractors are subject to confidentiality obligations and may only access and utilize your data for purposes of fulfilling their obligations to CCA.
5.3 We may provide or sell Aggregate Data that is de-identified to third parties. However, Aggregate Data will not include any of your Personal Information or be individually identifiable.
5.4 We may access, preserve and disclose your Personal Information, other account information, and User Generated Content if we believe doing so is required or appropriate in order to comply with law enforcement requests and legal process, such as a court order or subpoena; defend against legal claims; respond to your requests; protect the rights, property and safety of you, CCA, or others; or as otherwise required by law.
5.5 If a third party acquires the assets or equity of CCA related to the Service (whether by sale, merger, change of control, bankruptcy or otherwise), your Subscription and User Generated Content, including but not limited to Personal Information and PHR Data may be transferred to the new owner(s). In such case, your Personal Information would remain subject to the provisions of the CCA privacy policy that was in effect immediately prior to the transfer, unless we provide you notice otherwise. You may, however, terminate your Subscription at any time.
6. Choices You Have About How We Use Your Information
CCA offers you a number of ways to control collection and use of your information when you use the Service. Your options include:
6.1 Managing Your Account. You can review User Generated Content that has been shared with Authorized Users by logging into your Care Circle Account. You can modify or delete any User Generated Content at any time. You may also choose to modify or delete User Generated Content that others have shared with you. Modifications to your CCA PHR are not automatically communicated to your Authorized Users. If you want your Authorized User to know of changes or additions within your CCA PHR, you must inform the Provider or third-party of such changes or set alerts in your account to notify them of changes and additions.
6.2 Modifying Your Account Settings. Your Care Circle Account settings are designed to provide you with control over the information that you share. We encourage you to review your Account settings and adjust them in accordance with your preferences. You may customize and control each Authorized User’s scope of access to your Care Circle Account, as well as the information and data available to such Authorized User. You may permit each Authorized User to: (a) have the same level of access to your Care Circle Account as you have, i.e., the Authorized User will be authorized to access your Care Circle Account (including your CCA PHR) and to communicate with you and other Authorized Users to the same extent that you are able using the Service; and/or (b) have "read-only" access to all or certain types of information in your Care Circle Account, i.e., the Authorized User will be authorized only to access and read those types of information that you allow, but will NOT be authorized to communicate with other Authorized Users or to upload information to your Care Circle Account. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized User you designate to receive a User ID and password; and (b) CCA has no responsibility or liability in connection with any access to, or use of, your Care Circle Account and information by any such Authorized User or by a person to whom the Authorized User has provided his username and password.
6.3 Deactivating an Authorized User. You may revoke any Authorized User’s authorization to access your Care Circle Account through your account settings. Once revoked, such Authorized User may no longer access and use the Service with respect to you and your User Generated Content including, but not limited to, Personal Information and PHR Data. Any disclosure of your PHR Data or Personal Information made prior to the revocation cannot be recalled, removed, or retrieved by us. By using the Service, you agree that we cannot, and have no obligation to, remove User Generated Content, including but not limited to Personal Information or PHR Data from the records of an Authorized User previously disclosed.
6.4 Terminating Your Account. As a Subscriber, you may terminate your Care Circle Subscription at any time by notifying us in accordance with the Terms of Use. Upon termination of the Subscription, we will maintain all User Generated Content associated with your Care Circle Account for a period of ninety (90) days, at which time we may destroy the User Generated Content, or in accordance with our then current document retention and destruction policies. Please note that copies of your User Generated Content may remain in the records of your Authorized Users as described in Section 6.3, above.
7. Data from Care Recipients Under the Age of 18
7.1 The Service is not intended for use by children younger than 18 years old. We will not knowingly collect information from site visitors younger than 18 years. However, a Subscriber may elect to establish a Care Circle Account for a Care Recipient who is under age 18 and, in doing so, expressly consents to CCA utilizing such information as set forth in this Privacy Policy and the Terms of Service. Subscriber represents and warrants that the Subscriber is authorized to establish the Care Circle Account for the Care Recipient who is under the age of 18 or who is not competent.
7.2 A Care Recipient’s CCA PHR will be linked to a Subscriber’s Care Circle Account until the earlier of the following to occur: (i) CCA receives written instruction from a Care Recipient who is at least 18 years old to remove the information, or (ii) CCA receives formal instruction from a court of law or agency or as otherwise required by law to remove the Care Recipient’s CCA PHR from the Subscriber’s account.
8. How We Protect Your Information
8.1 We use both technical and procedural Security Measures to maintain the integrity and security of the Service and other databases, including the use of firewalls. The Service encrypts all PHR Data during transmission between you or your Authorized User and CCA. Within your Care Circle Account, all Personal Information and PHR Data is encrypted at three levels: each individual has a unique encryption key; demographic information is encrypted; and clinical data is separately encrypted.
8.2 The safety and security of your Personal Information and PHR Data also depends on you. Never share your password with anyone else. Notify us immediately if you believe your password has been breached. Also, remember to log off of the Website before you leave your computer.
9. Security Breach Notification Requirements
Pursuant to applicable law, we may be required to send you notice of security breaches or suspected security breaches that impact your Personal Information. In the unlikely event that we must provide you a notice of a security breach, we will send you security breach notices to the e-mail address contained in your account information, unless we are otherwise required by law. Please note: many e-mail systems have built in SPAM filters. If you have one in place, you should check with your system administrator or the available instructions to confirm that e-mails from CCA are not blocked by the filter e.g., by confirming that the service domain names www.ccadvocates.org, and www.myhana.org. are permitted domain names.
10. Changes to this Privacy Policy
We reserve the right to change the Privacy Policy in our sole discretion. In such case, we will post the new Privacy Policy on the Website and the effective date of the new Privacy Policy will be clearly marked. If we update this Privacy Policy, your continued use of the Service (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy. Remember, by using any part of the Service, you accept and agree to our Privacy Policy and privacy practices.
11. More information
If you have additional questions, please contact myHana™ any time. Or email us at:
support@myhana.io
Date last modified: August 19, 2022
Unless otherwise requested and authorized by you, the following summarizes our Data Practices:
Release
PHR Data
Do we release your PHR Data for the following purposes?
Personal Information
Aggregate
Data
Marketing and Advertising
no
no
Medical and pharmaceutical research
no
no
Reporting about our company and our customer activity
no
yes
To your insurer and employer
no
no
For developing software applications
no
no
Do we require limiting agreements that restrict what myHana™ Service Contractors can do with your Personal Information?
yes
n/a
Welcome to the Chronic Care Advocates website (the “Website”).
This Privacy Policy describes how Chronic Care Advocates, Inc., a Delaware corporation (“CCA,” “Company,” “we,” “our” or “us”), protects your personal information when you use the Website, the CCA Platform, MyHANA and any other related features, contents, applications, products or services including our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy (collectively, the "Service or “Services").
In this Privacy Policy, all references to CCA include its subsidiaries or affiliates involved in providing the Service. As used in this Privacy Policy, the words “Subscriber,” “you” and “your” refer to each individual or entity that has entered into a Subscription with us to establish a Care Circle Account for a Care Recipient through the Service as the Care Recipient’s guardian or representative, and the term “Subscription” consists of this Privacy Policy, our Terms of Service and the transactional rates and certain other terms and conditions related to the creation of your Care Circle Account, which are incorporated herein by reference. Additionally, as instructed by the context and nature of the provision contained herein, the words “you” and “your” may also apply to each Care Recipient, Authorized User, Provider, Wisdom Caregiver, and other visitor of the Website who, when visiting the Website, is bound by the Terms of Service, except for such provisions that implicate a Subscription, or Subscriber or Authorized User status.
“Authorized User” refers to any individual or entity (including, without limitation, any Care Recipient, Provider or Wisdom Caregiver) whom you authorize to receive a user ID (“User ID”) in order to access, use and/or upload information to your Care Circle Account. Any references to “you” and “your” in these Terms of Service shall be construed as including Authorized Users, based on the context and nature of the provision contained herein. Each Subscriber will be responsible and liable for all acts and omissions of his or her Authorized Users in connection with their use of the Services and compliance with the underlying Subscription.
This Privacy Policy is incorporated by reference into CCA’s Terms of Service, which you may review below. Please review this Privacy Policy and the Terms of Service carefully. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us. If you do not agree with our practices, do not access or use any part of the Service. We reserve the right to change the Privacy Policy in our sole discretion. In such case, we will post the new Privacy Policy on the Website and the effective date of the new Privacy Policy will be clearly marked.
Do we have Security Measures that are reasonable and appropriate to protect PHR Data, in any form, from unauthorized access, disclosure, or use?
yes
yes
Do we store PHR Data in the U.S. only?
yes
yes
Do we keep Personal Information Activity Logs for your review?
yes
n/a
These Terms of Service are a legal agreement between you and Chronic Care Advocates, Inc., a Delaware corporation (“CCA,” “Company,” “we,” “our” or “us”) that becomes effective when you access or use the www.ccadvocates.org (the “Website”), the CCA Platform, myHana (www.myhana.io), and/or any other related features, contents, applications, products or services including our advertising and applications on third-party websites and services, if those applications or advertising include links to these Terms of Service or our Privacy Policy (collectively, the "Service" or "Services").
In these Terms of Service, the words “Subscriber,” “you” and “your” refer to each individual or entity that has entered into a Subscription with us to establish a Care Circle Account for a Care Recipient through the Service as the Care Recipient’s guardian or representative, and the term “Subscription” consists of these Terms of Service, our Privacy Policy and the transactional rates and certain other terms and conditions related to the creation of your Care Circle Account, which are incorporated herein by reference. Additionally, as instructed by the context and nature of the provision contained herein, the words “you” and “your” may also apply to each Care Recipient, Authorized User, Provider, Wisdom Caregiver, and other visitor of the Website who, when visiting the Website, is bound by these Terms of Service, except for such provisions that implicate a Subscription, or Subscriber or Authorized User status.
“Authorized User” refers to any individual or entity (including without limitation, any Care Recipient, Provider or Wisdom Caregiver) whom you authorize to receive a User ID (as defined below) in order to access, use and/or upload information to your Care Circle Account. Any references to “you” and “your” in these Terms of Service shall be construed as including Authorized Users, based on the context and nature of the provision contained herein. Each Subscriber will be responsible and liable for all acts and omissions of his or her Authorized Users in connection with their use of the Services and compliance with the underlying Subscription.
* * *
Read these Terms of Service carefully in their entirety as they limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of these services. It is your responsibility to review these Terms of Service periodically.
CCA reserves the right, in our sole discretion, to modify or replace these Terms of Service by posting a subsequent version on the Website or your Care Circle Account. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use the Website or any of the Services.
* * *
As used in these Terms of Service and/or our Privacy Policy:
“Care Circle Account” is the personal account created by you in connection with your paid Subscription to the CCA Platform.
“CCA Platform” is the care management platform for which you may obtain a paid Subscription to use in connection with your Care Circle Account.
“Care Recipient” is a minor child or other individual over whom a Subscriber has legal authority or who has consented to the Subscriber’s caregiving and opening of a Care Circle Account on his or her behalf.
“Content” includes without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Services, with the exception of your User Generated Content.
“PHR” means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share health information. As a Subscriber, your Care Circle Account features a PHR, referred to herein as your “CCA PHR.”
“PHR Data” means information you provide and/or authorize all or some of your Authorized Users (in accordance with your elections) to upload to your CCA PHR. Any information in your CCA PHR is considered PHR Data. PHR Data might include, but is not limited to, the following:
• Your name and contact information, such as your address, phone number, or email address
• Your medical history, conditions, treatments, and medications
• Your healthcare claims, health plan account numbers, bills, and insurance information
• Demographic information, such as your age, gender, ethnicity, and occupation
• Computer information, such as your IP address and "cookie" preferences
• Personal Information
“Personal Information” means information about you that reasonably can be linked to you such as your name, health information, and other identifiers. Personal Information may also include, but is not limited to, PHR Data, financial information or social security number.
“Provider” means a provider of Third Party Services, such as products, services or resources.
“Security Measures” may include computer safeguards, secured files, and employee security training. In addition, we may be required by law to notify you about particular data breaches.
“Third Party Services” are websites, services and Providers available on the Internet that are operated and controlled by organizations other than CCA, but may be linked to the CCA website. Your Wisdom Caregiver may assist you with navigating the Website to access the third party services.
“User Generated Content” is content that a Subscriber or Authorized User generates, and may include visual images, messages, posts, PHR Data, and Personal Information.
“Wisdom Caregiver” is a person that supports and assists one or more Subscribers in using the Services and with whom CCA has contracted to facilitate in the provision of Services to Subscribers.
By using the Website or any of the Services offered thereon in any manner, and subject to payment of any applicable Subscription fee(s), you receive a limited, non-exclusive and non-transferable, personal, non-commercial license to use from within the United States the features and functionality that then are made available to you through the Services, in accordance with these Terms of Service (as may be amended from time to time).
1. Privacy and Security
We know that the privacy and security of your information is important to you, and we agree that any User Generated Content in connection with your use of the Services will be stored, used and shared by CCA only as permitted and described in our Privacy Policy. You may review a complete statement of our current Privacy Policy available . Included in the Privacy Policy you will find information about secure connections to your Care Circle Account, as well as information on the secure connection technology we use when data is transferred to or from CCA Servers. By accessing or using the Services, you are certifying to us that you have read and understood the Privacy Policy, and that you authorize us to use and disclose your information as described in the Privacy Policy.
2. Use of the Services and Subscriptions
2.1 Only persons in the United States who are 18 years of age or older are authorized to use the Service.
2.2 To create a Care Circle Account, you must be a Subscriber. If you are a Subscriber, you will be required to provide certain Personal Information and agree to provide only current and accurate information when creating and using your Care Circle Account. You will also designate a Secondary Caregiver who would succeed to the status of Subscriber in the event of your death or incapacity to act as the caregiver of the Care Recipient. You will be required to establish a user ID (“User ID”) and password for your Care Circle Account. You should not share your User ID or password information with anyone, and you should take precautions to protect that information from discovery by others. As between you and CCA, you agree that you are responsible for all activity that occurs through use of your Care Circle Account, and you agree to notify CCA immediately of any unauthorized use of your Care Circle Account password or your Care Circle Account that you discover. To notify us of such unauthorized use, contact us at support@myhana.io, to report the incident.
3. Third Party Services
The CCA Platform may permit you to link to other websites, services or resources or Providers of Third Party Services, and you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, refund policies or warranties or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You are responsible for viewing and abiding by the terms and conditions of use and the privacy, refund, and warranty policies of any such Third Party Service. It also is your responsibility to review and assess the secure nature of your connection to any such Third Party Service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such Third Party Service.
4. Content
4.1 Subject to these Terms of Service, we grant you a worldwide, non-exclusive non-sub-licensable and non-transferable limited right to access and use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any of our Content, as identified in the Website or Services, for any purpose other than the use of the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
4.2 The Services may contain Content specifically provided by Providers, or us and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all legal notices, information, and restrictions contained in any Content accessed through the Services.
4.3 We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right, but do not have any obligation, (i) to remove, edit or modify the Services and/or any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services and/or Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content or User Generated Content from the Services.
5. Restrictions; No Unlawful Activities or Unauthorized Uses
5.1 CCA grants you a limited license to access and use the Services subject to and in accordance with these Terms of Service. Any commercial use of the Services is expressly prohibited.
5.2 You agree not to use the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using the Services.
5.3 You agree not to use or attempt to use the Services to access any Third-Party Web Site or Care Circle Account for which you are not the properly registered Subscriber or an Authorized User.
5.4 You agree not to engage in any activity intended to disable or interfere with the operation of the Services or CCA Servers.
5.5 You agree not to disassemble, decompile or reverse engineer any software that is a part of the Services except to the extent such activity is expressly permitted by applicable law. Direct or indirect reproduction of the Services, its functions and Content, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through use of the Services themselves.
5.6 You also agree that you will not remove, obscure or alter any proprietary rights notices, including trademark, service mark and copyright notices, that appear on the Website or when using the Services.
5.7 You are responsible for your own activities and User Generated Content on the Website or via the Services, and you are responsible for the consequences of such activities and User Generated Content. You must not, and by using or accessing the Website or the Services, you agree not to do any of the following things:
• Post or submit any incomplete, false or inaccurate personal information or information which is in any other manner untrue or incorrect or which you are not authorized to disclose.
• Post or submit content that is subject to copyright protection, unless you are the copyright owner or have the permission of the copyright owner to post it.
• Post or submit content that reveals trade secrets or proprietary or confidential information, unless you are the owner or have the owner’s agreement to comply with these terms and conditions.
• Post or submit content that infringes any intellectual property rights of others or the privacy or publicity rights of others.
• Post or submit content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber, Authorized User, Provider, CCA, or any other person or entity.
• Post or submit any type of inappropriate and/or sexually-explicit language or content.
• Post or submit any content that is inappropriate for a minor child or that seeks to establish any meeting with such minor child, unless the Care Recipient of your Care Circle is a minor and you are the Subscriber or an authorized User permitted to do so.
• Post or submit solicitations of business, advertising, chain letters or pyramid or unlawful schemes or impersonate another person or entity.
5.8 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) protect the rights, property or safety of us, our users and the public; (vi) improve our Services or (vii) remove any User Generated Content that violates the Terms of Service.
6. Sharing of Data and Information through Your Care Circle Account
6.1 When registering for and when using your Care Circle Account, you will provide Personal Information about yourself and/or your Care Recipient who is receiving care, including PHR Data, which then will be stored on CCA Servers. You will designate an Authorized User in your Care Circle to be a successor Subscriber in the event of your death or incapacity who may become a successor administrator of your Care Circle Account. You must have legal authority or have obtained authorization from the Care Recipient in order to share his or her data and information with CCA and other Authorized Users.
6.2 To take full advantage of your Care Circle Account, you are able to invite Authorized Users (collectively, your “Care Circle”) to share access to certain aspects of your Care Circle Account. If you provide information needed to add an Authorized User, you represent and warrant that the information is correct and you are authorized to provide the information to CCA. You will indemnify us for any breach of this warranty and representation. Each Authorized User will be assigned a User ID. You acknowledge and agree that each User ID may only be used by the Authorized User to whom we assign it and may not be shared with or used by any other person, including another Authorized User.
6.3 You are able to control each Authorized User’s access to your Care Circle Account, as well as the information and data available to each Authorized User, through your Account settings. You also may authorize or restrict each Authorized User’s use of your Care Circle Account, including the right to upload information and/or communicate with other Authorized Users. You understand and acknowledge that you are solely responsible for all aspects of your Care Circle Account, including the information you elect to make available to each designated Authorized User. The use of such features, whether by you or by any other person as long as your Care Circle Account username and password were used, constitutes your authorization for the person or entity sending data and information to CCA Servers to make that transfer and disclosure of information.
6.4 When using the Services, you also will have the ability to distribute and disseminate User Generated Content. Such disclosures and transfers of User Generated Content, as well as the access to your Care Circle Account, are under your control, and you assume all responsibility for and all risk that might be associated with such disclosures and transfers. While you may elect to set alerts for Authorized Users in your Care Circle, any modifications to your CCA PHR are not automatically communicated to Providers or any third party source. If you want a Provider or Authorized User to know of changes to your User Generate Content, including CCA PHR, you must set the appropriate alerts for your Authorized Users or otherwise inform the Authorized User of such changes. The utilization of any feature of the Services that involves the disclosure or transfer of data and information from CCA Servers, whether by you or by any other person as long as your Care Circle Account username and password were used, constitutes your authorization for CCA to make that transfer and disclosure of information.
6.5 Your use of the Services is voluntary and the ability to transfer data and information as just described is offered for your convenience to make the Services a more useful and effective mechanism to access, manage, organize, store and distribute the Care Recipient’s PHR Data and other information as you deem appropriate.
6.6 WITH REGARD TO ANY ELECTRONIC TRANSFER OF DATA OR INFORMATION BETWEEN CCA SERVERS AND ANY AUTHORIZED USER THAT IS INITIATED OR AUTHORIZED THROUGH YOUR CARE CIRCLE ACCOUNT, YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST CCA AND THE AUTHORIZED USER FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that Authorized Users from which such transfers are made are intended third-party beneficiaries of this agreement and are entitled to enforce this waiver of claims.
6.7 With regard to any transfer of data or information to or from CCA Servers over the Internet, you acknowledge that although CCA uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Services that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of CCA, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR CCA SERVERS.
6.8. Upon termination of your Care Circle Account in the event of a Subscriber’s death or incapacity, we will make your Subscription available without charge for a period of 90 days from the date we receive notice of the death or incapacity to permit a successor Authorized User who is in the Care Circle to assume the account and become a Subscriber, or to retrieve such PHR Data and Personal Information. It is your responsibility to designate an Authorized User as a successor caregiver when you open the account. After the 90 day period we may destroy and delete the User Generated Content in the Care Circle Account.
7. Warranty Disclaimers
7.1 CCA provides the Services to you for your convenience and without warranty of any kind. Accordingly, you acknowledge and agree that CCA is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Services, or for any medical advice or medical implications that may be contained in or result from such Content. CCA does not warrant any Product or Service of a Provider. CCA is not a health care provider and provides no healthcare services or advice.
7.2 THE SERVICES AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CCA SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE SERVICES. WE, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS, DO NOT WARRANT (I) THE SERVICES WILL BE SECURE, AVAILABLE, UNINTERRUPTED, OR ERROR-FREE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS IN THE SERVICES OR CONTENT WILL BE CORRECTED; (III) ANY CONTENT, MATERIALS OR INFORMATION AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULTS OBTAINED FROM USE OF THE SERVICES AND/OR THE CONTENT, MATERIALS AND INFORMATION AVAILABLE THEREON WILL BE ACCURATE, RELIABLE OR OTHERWISE MEET YOUR REQUIREMENTS. The only warranties applicable to the Services, if any, are those found in these Terms of Service and the Privacy Policy, and in the event of a Subscriber, additionally the Subscription with such Subscriber; no other warranty or representation shall be made.
8. Limitation of CCA’s Liability
8.1 EXCEPT AS EXPRESSLY PROVIDED BELOW, IN NO EVENT SHALL CCA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PROVIDERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO CCA’S OPERATION OF THE SERVICES, YOUR USE OF THE SERVICES OR THIS AGREEMENT. IN NO EVENT SHALL CCA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY) IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE WEBSITE, THE SERVICES, THE CONTENT, AND/OR YOUR USE THEREOF (INCLUDING, WITHOUT LIMITATION, ANY BUG, VIRUS, TROJAN HORSE, OR THE LIKE, REGARDLESS OF ORIGINATION). THE LIMITATIONS ON CCA’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY CCA. THE LIMITATIONS ON LIABILITY ALSO APPLY REGARDLESS OF WHETHER CCA HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
8.2 The only damages recoverable by you are direct damages up to the lesser of (i) the amount of money you have paid CCA for your Subscription in the twelve (12) months preceding the event giving rise to direct damages, or (ii) Five Hundred Dollars ($500). The limitations on CCA’s liability to you contained in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.
8.3 Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that CCA’s liability to you shall be limited to the maximum extent permitted by applicable law.
9. Indemnification of CCA by You
You agree to indemnify, defend and hold harmless us, our affiliates and subsidiaries, and each of their officers, directors, employees, agents, suppliers, licensors, Providers, successors and assigns from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating to: (a) your access, use or misuse of the Services; (b) any breach of the terms of this Agreement including, but not limited to, failure to obtain the appropriate authorizations from the Care Recipient or authorized Users to provide any information about them to CCA; (c) your failure to comply with any and all applicable laws, orders, codes and regulations, including, without limitation all privacy laws, in connection with your use of the Services; (d) any infringement of third party rights caused by any data, information or content you provide or transmit or that is provided or transmitted using your Care Circle Account; (e) and misrepresentation to CCA, including, but not limited to, those related to your representation that you have appropriate authorization or legal authority from the Care Recipient or authorized Users to provide any information about them to CCA; and (f) any access to or use of your Care Circle Account using your account information or the account information of any Authorized User in your Circle of Care.
10. CCA’s Right to Change or Discontinue the Services, or Your Use Thereof
You agree that at any time CCA, in its sole discretion and without limitation or prior notice to you, may cease providing the Services or make any changes CCA chooses to the features and functionality available through the Services. You also agree that CCA may terminate your access to the Services and your Care Circle Account without prior notice to you for any reason that we deem warrants such action, including your breach of any provision of this agreement.
11. Your Right to Discontinue Use of the Services.
If at any time you want to stop using Services, delete your Care Circle Account, and terminate your agreement to these Terms of Service, you may do so. To learn more about what happens to the User Generated Content associated with your Care Circle Account after it is closed, refer to our Privacy Policy.
12. Refund Policy
12.1 CCA does not provide refunds on monthly subscriptions. If a Subscriber purchases an annual subscription, CCA will refund a Subscriber who cancels the Subscription before the end of the first six months of each annual Subscription. The refund will be a pro-rata amount less an amount equal to two months of the full monthly price of a monthly subscription (which equals the discount CCA gives an annual Subscriber). For example, if an annual Subscriber cancels a Subscription in month 7 of the annual period, CCA will refund three times the monthly annual subscription. If a Subscriber terminates in month seven of an annual Subscription or thereafter, CCA will not refund any amount of the fee. If CCA terminates a Subscription other than for the Subscriber’s breach of the Terms of Use, CCA shall provide a refund in an amount equal to the monthly discounted fee of the months remaining in an annual subscription. CCA does not refund any amount if the Terms of Use are breached by you or in the event of a monthly subscription.
12.2 CCA has no authority or control over the refund or warranty polices of Providers. The refund and warranty policies of the Provider will apply to any products and services of a Provider.
13. Governing Law and Jurisdiction
13.1 This agreement shall be governed and construed under the laws of the State of South Carolina in the United States, without regard to that State’s conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement in any circumstance.
13.2 You agree that the state and federal courts located in Charleston County, South Carolina shall have exclusive jurisdiction over any claim or action under this agreement and over any action related in any way to our operation or your use of the Services, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that CCA may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement.
13.3 A failure by CCA to enforce any provision of this agreement, or a waiver by CCA of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.
14. Entire Agreement
These Terms of Service, together with the Privacy Policy and Subscription (if applicable), constitute the entire agreement between you and CCA regarding the Services, including use of the Website, and supersede all prior agreements, representations or understandings (whether oral, written or electronic) respecting the Services. Nobody, including any representative of CCA, is authorized to make any changes or modifications that are instituted in accordance with Section 11 above. You agree not to act or rely on any representations to the contrary.
Changes to this Agreement, and to Related Documents.
14.1 CCA reserves the right, in our sole discretion, to modify or replace these Terms of Service by posting a subsequent version on the Website or your Care Circle Account. You are responsible for periodically reviewing the Terms of Service as they appear on the Website and to discontinue your Care Circle Account and your use of the Services in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.
14.2 Similarly, CCA in its sole discretion may change any of the documents associated with the Services, including our Privacy Policy, by posting updated versions of such documents on the Website or your Care Circle Account at any time. As with the Terms of Service, it is your responsibility to periodically review the associated documents for changes and you agree that your continued use of the Services following any changes to those documents constitutes your acceptance of all such changes.
15. More information
If you have additional questions, please contact myHana™ any time. Or email us at:
support@myhana.io
Date last modified: August 19, 2022