Terms
The Infosil User Agreement comprises these Terms of Service (“Terms”), our Privacy Policy, the Infosil Rules and all incorporated policies.
1. Infosil Terms of Service
2. Infosil Rules
3. Privacy Policy
Infosil Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites and applications (the “Infosil® Services”), and our other covered services like SmilesConnect™ that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, including the mandatory arbitration provision and class action waiver in Section 12, do not access or use the Services.
1. Basic Terms
2. Privacy and Consent to Transfer Data
3. Passwords
4. Content on the Services
5. Your Rights
6. Your License To Use the Services
7. Infosil Rights
8. Restrictions on Content and Use of the Services
9. Copyright Policy
10. Ending These Terms
11. Disclaimers and Limitations of Liability
A. The Services are Available “AS-IS”
B. Links
C. Limitation of Liability
12. Arbitration Provision/Class-Action Waiver
13. General Terms
A. Waiver and Severability
B. Controlling Law and Jurisdiction
C. Entire Agreement
1. Basic Terms
You must be at least 13 years old to use the Services.
You may not post discriminatory, unlawful, infringing, hateful or pornographic photos or other Content via the Services.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You must not create or submit unsolicited conversations, messages, responses, likes, follows or other forms of commercial or harassing communications or spam to any users of the Services.
Please review the Infosil Rules (which are part of these Terms) to better understand what is prohibited on the Services.
You are solely responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Infosil Services is public by default and will be able to be viewed by other users. You should only provide Content that you are comfortable sharing with others under these Terms.
You are solely responsible for any activity that occurs through your account and accept all risks of unauthorized access. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or commercial or non-commercial entities that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself.
You may use the Services only if you can form a binding contract with Infosil and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Infosil provides are always evolving and the form and nature of the Services that Infosil provides may change from time to time without prior notice to you. In addition, Infosil may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Infosil on the Services are subject to change. In consideration for Infosil granting you access to and use of the Services, you agree that Infosil and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
2. Privacy and Consent to Transfer Data
Any information that you or other users provide to Infosil is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by Infosil. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Infosil cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Although we have no obligation to screen or monitor the Content posted to the Services, we may delete or remove such Content at any time and for any reason. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Infosil be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully paid license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Infosil to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Infosil for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Infosil, or other companies, organizations or individuals who partner with Infosil, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Infosil will not be responsible or liable for any use of your Content by Infosil in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services
Infosil gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Infosil as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Infosil, in the manner permitted by these Terms.
7. Infosil Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Infosil and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Infosil name or any of the Infosil trademarks, logos, domain names, and other distinctive brand features.
Any feedback, comments, suggestions, questions, ideas, original or creative materials or other information you may provide regarding Infosil, or the Services (collectively, “Feedback”) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. The Feedback is non-confidential and will become the sole property of Infosil. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Restrictions on Content and Use of the Services
Please review the Infosil Rules (which are part of these Terms) to better understand what is prohibited on the Infosil Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. 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 the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Infosil, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Infosil’s computer systems, or the technical delivery systems of Infosil’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Infosil (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Infosil (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Infosil is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) use or attempt to use another user’s account without authorization from that user and Infosil.
9. Copyright Policy
Infosil respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Infosil for certain costs and damages.
We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. If you believe that anything on the Services infringes any copyright that you own or control, you may notify Infosil’s Designated Agent. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Infosil, Inc.
Attn: Copyright Agent
4318 Lafayette Dr
El Dorado Hills, CA 94103
copyright@infosil.com
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Infosil as follows.
You may end your legal agreement with Infosil at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Infosil when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Infosil Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 11, 12 and 13.
Nothing in this section shall affect Infosil’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Infosil and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Infosil Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including Content posted by our users.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE INFOSIL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
The Infosil Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Infosil Entities or through the Services, will create any warranty or representation not expressly made herein.
B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Infosil Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Infosil Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFOSIL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INFOSIL ENTITIES EXCEED THE AMOUNT YOU PAID INFOSIL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE INFOSIL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Arbitration Provision/Class-Action Waiver
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Infosil and limits the manner in which you can seek relief from us.
Except for any dispute arising out of or related to a violation of Section 8 or the Infosil Rules, or disputes in which either party seeks to bring an individual action in small claims court, if the dispute meets the requirements to be heard in small claims court, or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Infosil waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in San Francisco County, California before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Infosil agree that any dispute arising out of or related to these Terms or the Services is personal to you and Infosil and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Infosil agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Infosil agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Infosil, Infosil will pay all JAMS fees and costs. You and Infosil agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Infosil will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by emailing us at terms@infosil.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.
13. General Terms
A. Waiver and Severability
The failure of Infosil to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
These Terms, including the Infosil Rules for the Infosil Services, and our Privacy Policy are the entire and exclusive agreement between Infosil and you regarding the Services (excluding any services for which you have a separate agreement with Infosil that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Infosil and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at www.infosil.com/terms. If the revision, in our sole discretion, is material we will notify you the next time you sign in to our mobile application. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you live in the United States, these Terms are an agreement between you and Infosil, Inc., 4318 Lafayette Dr, El Dorado Hills, CA 95762 U.S.A. If you have any questions about these Terms, please contact us at terms@infosil.com
Effective: July 1, 2016
Infosil Rules
You may access or use the Infosil Sites or the Services only if you are able to enter into these Terms of Service and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws.
To create a Infosil Account, a Practice must (a) provide us the required account creation information, (b) provide us the required credit card or other payment information and (c) create a Practice administration username and password. If a Practice is accessing and using the Infosil Sites and the Services through a Infosil Partner, the Infosil Partner may collect and submit to use the required account creation information and the Practice may not be required to provide and payment information. If you create an account for a Practice, you represent and warrant to us that you, on behalf of the Practice, are authorized to (i) grant all permissions and licenses set forth in these Terms of Service, (ii) undertake the obligations set forth in these Terms of Service and (iii) enter into these Terms of Service.
To access or use the Infosil Sites or the Services, a User must (a) provide us the required User account creation information and (b) create an individual username and password. The information provided to us pursuant to this paragraph and the immediately preceding paragraph is referred to as “Account Information.”
You are responsible for the security of your username and password and for your use of the Infosil Sites or the Services. You are not permitted to share your username with any other User or third party and you agree that you will notify us immediately of any unauthorized use of your username, password or Infosil Account. We reserve the right to from time to time require you to change your password.
You agree that you will not use the Infosil Sites or the Services for any illegal purposes. You agree to be responsible for, and comply with all applicable laws, including without limitation with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), with respect to, all information, content, medical records, images (including scans and x-rays), communications, comments, links and other materials transmitted through the Infosil Sites or the Services (“Patient Information”). Unless you notify us at least ten days in advance, your Infosil account may not be transferred to any party. You agree that you will not take any action that infringes on the copyrights or other intellectual property rights of any third party.
You may only use the Services to transmit information to which you own or otherwise have the right to transmit. Transmitting media like images or video of other people without their permission is strictly prohibited. By transmitting media through the Services, you warrant that you have permission from all persons appearing in your media.
Pricing and Payment Terms
We or a Infosil Partner have provided you pricing and payment terms for your access and use of the Infosil Sites and the Services. By accepting these Terms of Service, you hereby accept and agree to the pricing and payment terms provided to you. We typically charge our customers on a monthly basis, but the pricing and payment terms provided to you will govern your specific payment terms.
We reserve the right to at any time change the amount we charge you. The amounts we charge are not refundable. Infosil will charge you, and you must pay to Infosil, all applicable taxes, including any retroactive tax on past fees or charges (whether already paid or not) in cases where Infosil is under a legal obligation to collect such tax from you. You are solely responsible for any and all other taxes, which you are under a legal obligation to pay. If you have an arrangement with a Infosil Partner that is different from the foregoing, then you will not be subject to the terms set forth above in this paragraph. All payment transactions handled by our third-party payment processors are subject to the terms, conditions and policies of our third-party payment processors.
Use and Restrictions
You agree to use the Infosil Sites and the Services only for (a) the transmission of Patient Information, (b) communications with patients regarding treatment, payment, and health care operation issues, including without limitation matters such as treatment options, test results, administrative, patient scheduling, and other provider/patient matters, (c) interoffice communications among doctors, nurses, administrators and other staff members and (d) communications with vendors, suppliers and other third parties. You agree that you will not use the Infosil Sites or the Services for any advertising, marketing, soliciting, promoting, selling or similar purposes to patients or any other parties.
You also agree that you will not (a) access, monitor, or copy any content or information on the Infosil Sites or the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Infosil Sites or the Services or bypass or circumvent other measures employed to prevent or limit access to the Infosil Sites or the Services; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) “frame,” “mirror,” or otherwise incorporate any part of the Infosil Sites or the Services into any other website without our prior written authorization; (e) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; or (f) access or use the Infosil Sites or the Services to engage in any form of fraud or misrepresentation. You understand and agree that Infosil may, in its sole discretion, terminate your access to the Infosil Sites or the Services at any time and without notice as may be necessary to enforce the foregoing use restrictions.
Transmission of Protected Health Information
In connection with your use of the Services, you will more than likely transmit Patient Information that constitutes protected health information (“PHI”) under HIPAA. You may only transmit a patient’s PHI through the Services if your Practice has obtained from that patient a signed HIPAA-compliant Authorization that permits the Practice to transmit such patient’s PHI in connection with the Services (an “Authorization”). As such, you represent and warrant to us that you will not transmit any patient’s PHI through the Services unless your Practice has obtained a signed Authorization from that particular patient. A Practice may use the Services to obtain Authorizations from its patients. You understand and agree that Infosil may, in its sole discretion, terminate your access to the Infosil Sites or the Services immediately and without notice if you fail to comply with this paragraph.
Your patients may contact you and send messages and information through the Internet, social media networks or any other digital communication medium (email, SMS, text message, etc.). These communication channels may not be secure and should not be used by you for any reply or other communication that contains PHI. Accordingly, you agree that you will only transmit messages that contain sensitive, confidential, private or personally identifiable information through the Services by way of Infosil’s secure communications portal on the Infosil Sites.
Business Associate
We acknowledge that under HIPAA the Services we provide to a Practice as a covered entity will in most circumstances cause us to become the Practice’s business associate. As such, Infosil will provide a business associate agreement to be signed by both parties, unless the Practice indicates its desire to use a mutual agreed upon alternative business associate agreement.
Privacy Policy
We are committed to safeguarding your privacy. Please carefully review the Infosil Privacy Policy located at www.infosil.com/privacy. The terms of the Infosil Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.
Security
We care about the security of your Account Information and Patient Information (collectively, “Information”). We use a variety of security technologies and procedures to help protect your Information from unauthorized access, use, and disclosure. For example, Patient Information you provide us through the Infosil Sites is encrypted on computer servers that are located in controlled facilities. We limit access to your Information to only our employees, contractors, and agents who need to know the Information in order to operate, develop, or improve the Infosil Sites and our Services. These individuals are bound by confidentiality obligations and are subject to discipline, including termination, if they fail to meet these obligations. We continuously work to protect the security of your Information; however, we cannot guarantee that unauthorized third parties will
Effective: September 1, 2017
Privacy Policy
SmilesConnect™ application by Infosil® is about starting and participating in private messaging conversations on dentistry and related topics. Our goal is to help create a place where those conversations can happen, while making SmilesConnect safe and enjoyable. Any registered user of SmilesConnect can start conversation, where they can send messages (including text, photos, GIFs, videos, and links, collectively, “Messages”). Any registered user can respond to any message using responses (including text, photos, GIFs, videos, and links, collectively, “Responses”).
This Privacy Policy (“Policy”) explains how and when Infosil collects, uses, and shares information when you use our various websites and applications including SmilesConnect, and our other covered services that link to this Policy (collectively, the “Services”), and your choices about the collection and use of your information. When using the Services you consent to the collection, transfer, storage, disclosure and use of your information as described in this Policy.
If you have any questions or comments about this Privacy Policy, please contact us at privacy@infosil.com.
Information collection and use: what is displayed publicly
Infosil Services including SmilesConnect are private by default, and by design. Your profile is public, the conversations, messages and responses you create are private. This section details what information we collect from you that is displayed on the service.
Profile information
When you create, update, or configure an account on our Services including SmilesConnect, you provide some personal information, such as your name, a display name, a picture and a short biography. On the Services, this information is listed publicly, including on your profile page and in search results, and you can use either your real name or a pseudonym. Some Services, such as viewing conversations on the web, do not require a SmilesConnect account.
User content: conversations, messages, responses and other public information
Our Services are primarily designed to help you have public conversations. Most of the information you provide us through the Services is information you are asking us to make public. Your public information includes the conversations that you create alone or as a group or are a participant of any group holding the conversation. Your public information also includes the description of those conversations; your messages; your responses, the messages you like; the people you follow, and other information that results from the use of the Services. Note that we may use this information to make inferences about what topics you may be interested in, and to customize the type of content we show you.
Removing content
Our default is almost always to make the information you provide through the Services public, but we generally give you settings or features to remove information from the Services if you want, such as deleting conversations that you start from your profile.
Information collection and use: what happens behind the scenes
There is some information that we collect from you, either explicitly or implicitly, that happens “behind the scenes,” and is necessary for us to operate the service. This includes your contact information, additional information you may provide, and information that is generated by your use of the service. This section details what information we collect “behind the scenes.”
Contact information
When you create an account on our Services including SmilesConnect, in addition to the publicly displayed profile information, we require you to provide your phone number for login verification. We use this information to help you efficiently access your information after you sign in, and to remember information so that you will not have to re-enter it during your visit, or the next time you visit the Service. If you provide our Services including SmilesConnect with your phone number, you agree to receive text messages to that number from us. You may also provide your email address to customize your account.
We do not display your contact information publicly on our Services including SmilesConnect. However, we may use your contact information to help other users find and follow you on our Services including SmilesConnect, if your contact information is included in their phone’s address book, and they choose to share their address book with on our Services including SmilesConnect in order to find friends on them.
We may use your contact information to send you information about our Services, to market to you, and to help prevent spam, fraud or abuse. You may unsubscribe from marketing and notification emails that we send you by following instructions contained within those emails. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
Additional information
If you email us, we may keep your message, email address and contact information to respond to your request. You may choose to give our Services including SmilesConnect access to your phone’s address book contacts, so that we can help you find and follow users you know, or help other users find and follow you. We may later make suggestions to you and other users based on that contact information. You can delete your imported address book contacts at any time. Providing the additional information described in this section is entirely optional.
Links
Infosil may keep track of how you interact with links across our Services, including our emails, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services. Please note that we are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies.
Cookies and similar technologies
Like many online services, Infosil may use session cookies, persistent cookies and mobile identifiers to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. You may be able to instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Additionally, the settings on your mobile device may allow you to limit the ways that Infosil and our partners use these IDs.
If you prevent or limit the use of cookies and similar technologies, some Services may not function properly.
Log data
When you use our Services, we may collect information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, or interact with our email messages. We may also receive Log Data when you click on, view or interact with links on our Services. Infosil uses Log Data to provide, understand, and improve our Services, to make inferences, like what topics you may be interested in, and to customize the content we show you.
Third-parties and affiliates
Infosil uses a variety of third-party services to help provide our Services, and to help us understand and improve the use of our Services. These third-party service providers may collect information sent by your browser as part of a web page request, such as cookies or your IP address, or device information (including device and application IDs) from your mobile device.
Accessing and modifying your personal information
We make it easy for you to access, and modify your information on our Services including SmilesConnect.
Modifying your personal information
If you are a registered user of our Services, we provide you with tools and account settings to access, correct, or modify some personal information you provided to us and associated with your account.
Information sharing and disclosure
Our Services including SmilesConnect are public by default, and by design. Your profile is public, the conversations, messages and responses you create are public, and the responses, messages and conversations you like are public. However, we do not disclose your private personal information except in the limited circumstances described here.
User consent or direction
We may share or disclose your information at your direction, such as when you share profile information or post user content. Other users may share or disclose information about you, such as when they invite you to hold a conversation with them, mention you in a message or a response or share a photo of you.
Additionally, the Services may offer social sharing features and other integrated tools, which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with these features, please visit the privacy policies of the entities that provide these features.
Additionally, Sometimes we offer features for you to create private conversations. We do not display such conversations and messages that comprise such conversations on the public sections of our services. However, to provide you such a service we use third party services and hence the conversations, messages, responses and other information is shared with such providers so they can provide the services that enable us to make it available to you.
Service providers
We engage service providers to perform functions and provide services to us in the United States and other countries. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures. We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Law and harm
Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Infosil’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.
Business transfers
In the event that Infosil is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity.
Our policy towards children
You must be 13 years old to use our Services including SmilesConnect.
Our Services may not be used by people under 13 years old. For children older than 13, if you become aware that your child has provided us with personal information without your consent, please contact us here. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has used the Services, we will remove their information and terminate the child’s account.
Changes to this policy
We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://infosil.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you the next time you sign in to our mobile application.
Effective: July 1, 2016, Revised March 1, 2017