Patient's Terms of Service
Here is a summary of our Terms of Service. You can find a full version of these terms below.
In order to access DocSpera, your Care Team has to send you a request to connect with CMS Blue Button and set-up an account.
Thanks for using our DocSpera website and other products and services (collectively, the "Services"). The Services are provided by Compliant Innovations Inc (dba “DocSpera”) ("we," "our," or "us"), located at 298 S Sunnyvale Ave, Sunnyvale, CA 94086.
By using our Services, you are agreeing to these terms. Please read them carefully. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. By accessing or using our Services, you intend and agree to be legally bound by this agreement.
1. Using our Services
Misuse of Services. Users of DocSpera agree to not interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services, including the DocSpera name and logo. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
Some of our Services are available on mobile devices. Using our mobile Services may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services.
2. Your DocSpera Account
You will be notified by your healthcare organization regarding your patient account for DocSpera. All users of DocSpera (provider or patient), will receive an email from firstname.lastname@example.org with their instructions to access DocSpera.
You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use, please contact us at email@example.com.
3. Privacy and Feedback
4. About Software in our Services
When a Service requires or includes downloadable software (such as a mobile app), this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide to you 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 us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
5. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time or You may cancel your account, and have all your personally identifiable information deleted, by contacting firstname.lastname@example.org.
6. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Compliant Innovations Inc (dba “DocSpera) nor its licensors, suppliers or distributors make any specific promises about the services. For example, we don't make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We also do not make any warranties or commitment relating to non-infringement, freedom from viruses or other harmful code, or error-free or uninterrupted operations. We provide the services "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we disclaim all warranties.
You hereby agree to indemnify, defend and hold harmless Compliant Innovations Inc (dba “DocSpera), its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
8. About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly and the "Last Updated" date at the beginning of these terms. We'll post notice of modifications to these terms on this page and/or notify you of modifications to these terms by eMail or SMS or through the Services. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms for a Service, the additional terms will control for that conflict.
These terms control the relationship between DocSpera and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the State of California, excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A., and you and DocSpera consent to personal jurisdiction in those courts.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact us, please visit our support section.
LAST UPDATED: January 7th 2019.
DocSpera understands that you care about the security of your health and personal information. At DocSpera, we take these matters very seriously and adhere strictly to HIPAA (Health Insurance Portability and Accountability Act of 1996) regulations, which provide data privacy and security guidelines for safeguarding medical information.
DocSpera collects and shares information only to share it with your hospital and Care Team to enable them to better provide you with medical care.
DocSpera doesn’t share or sell your information to third parties.
DocSpera may use your de-identified data and analyze it in aggregation; this will not link back to you directly.
- Personal and other information we collect about you
- How we use your information.
- How we may share your information with third parties.
- Your choices regarding the personal information we collect about you.
2. Collection of Your Personal and Other Information
When you use our Services, we collect Personal Information. By "Personal Information" we mean information that can identify an individual, such as:
Personal or business addresses,
Date of Birth,
Certain specific medical information related to you, (i.e. medical record number, Medicare plan number) and
Information contained in any image, photograph or profile you choose to submit to us.
We also collect non-Personal Information, that is, information that does not personally identify an individual. The non-Personal Information we collect includes how you interact with the Services, information generally collected or "logged" by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.
Examples of the non-Personal Information we collect are:
Your Internet Protocol (IP) address,
Information about your operating system and browser, such as its maker or version,
The pages of our website that you viewed during a visit or the features of the mobile app that you use,
What information or content you view, hover over, or click on,
The referring web page,
For our website, the city and state in which you are located (but not your precise geographic location), and
Unique Identifiers, meaning arbitrary codes or series of characters we create to identify unique users without Personal Information.
3. Use of Your Information
We use the information we collect to:
Assist us in providing your medical history to your healthcare provider so that they are prepared in providing you medical care,
Set up accounts,
Provide customer service,
Perform research and analysis aimed at improving our products and services, and
Manage our systems.
4. Disclosure of Your Information
We will not disclose your Personal Information to third parties except as described below.
We will disclose Personal Information to provide the Services, which will be apparent when you use or access the Services or when you authorize or instruct us to do so, for example when you choose to use the Services to post profile information or transmit messages or other information that are viewable by other users of the Services; for example, your healthcare provider will have access to the Personal Information that is collected through our Services or, if you work for one of our healthcare provider clients, your employer will have access to your Personal Information. We may also disclose Personal Information to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as provision of data storage, hosting of our website, conducting audits, and performing web analytics).
Additionally, we may use your Personal Information in the creation of aggregated datasets, provided that the datasets do not identify you. We may use and disclose such datasets for research and to validate and improve our products, and publish the results of such research. This information is used in a collective manner and does not identify You individually in any way nor will it be re-identifiable.
Subject to applicable Privacy Restrictions, we may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Services, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation or receivership of our business. You will be notified via email or prominent notice on our website for 30 days of any such change in ownership or control of your Personal Information.
5. Cookies and Automatic Information Gathering Technologies
Every time you access our DocSpera website, we collect Non-Personal Information (discussed above in Section 2). To assist the Services in collecting and storing Non-Personal Information, we may employ a variety of technologies, including "Cookies," local browser storage and "Web Beacons." A "Cookie" is a small amount of data a website may store in your web browser that it can access when you visit it. A cookie also refers to web-browser-based storage provided by Adobe's Flash plugin (a "Flash Cookie"). Cookies may contain user preferences, unique identifiers and other non-Personal Information. A "Web Beacon" is a small, usually-transparent image placed on a web page that allows us or our partners to collect non-Personal Information.
You can erase information stored in cookies, flash cookies, and local browser storage at any time, but you may be DocSpera to login to the website again and you may lose some preferences or settings. You can also set your browser to refuse all website storage or to indicate when it is permitted, but some features of our Services may not function properly without it.
6. REMOVE PERSONAL IDENTIFIABLE INFORMATION
A. Deleting your account and personally identifiable information
You may delete your account and your personally identifiable information at any time by contacting us as email@example.com. Upon such cancellation, DOCSPERA will cease collecting any information about You and shall delete all Your personally identifiable information.
B. Notification of Changes
Using the DOCSPERA services or accessing the Site after a notice of changes has been sent to you or published on our Site shall constitute Your consent to the changed terms and you agree that it is your responsibility to periodically review the Terms of Service and these Privacy Policies periodically, whether you are notified of changes or not.
C. Site and Service Updates
As necessary, DOCSPERA may send You Site and service announcement updates. You are not able to un-subscribe from service announcements, which contain important information about the App. DOCSPERA communicates via eMail with You to provide requested services and to resolve issues relating to Your accounts.
D. Consent to This Policy
7. Children's and Minor's Privacy
Although the Site is not intended for use by minors, DOCSPERA respects the privacy of minors who may inadvertently use the Internet. Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will not knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to DOCSPERA through the Site represents that they are 13 years of age or older.
8. Information Security
We utilize reasonable information security measures to safeguard your Personal Information. For example, we utilize Secure Socket Layer (SSL) encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
We restrict access to Personal Information to our employees, contractors, service providers and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
9. Changes to this Policy
298 S Sunnyvale Ave
Sunnyvale, CA 94086
LAST UPDATED: January 7th 2019.