From 02471f439211644ad2fd1a0e3f0b59da2e8e30ae Mon Sep 17 00:00:00 2001 From: Jason Kulatunga Date: Fri, 13 Oct 2023 14:05:24 -0700 Subject: [PATCH] update privacy policy & terms. --- privacy_policy.md | 6 +- terms.md | 204 +++++++++++++++++++++++++++------------------- 2 files changed, 126 insertions(+), 84 deletions(-) diff --git a/privacy_policy.md b/privacy_policy.md index b2f93a1..760eb1c 100644 --- a/privacy_policy.md +++ b/privacy_policy.md @@ -16,7 +16,9 @@ This Privacy Policy, in conjunction with the Company's Terms and Conditions (htt informs you of our policies regarding the collection, use, and disclosure of Personal Information when you use our Service. Additionally, unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. -By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. +By visiting the Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. +Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable +limitations on damages and the resolution of disputes. ---- @@ -33,7 +35,7 @@ The types of personal information collected at these pages are: ### Fasten Health Server and Apps -Fasten Health server do not send any information with regard to your usage to Fasten Health Ltd. Fasten Health clients for Windows, Mac, +Fasten Health server do not send any information with regard to your usage to Fasten Health Inc. Fasten Health clients for Windows, Mac, and Linux regularly check fastenhealth.com for new versions of clients. The version checking request contains a non-personally identifiable unique id, which we use for client usage statistic purpose only. This ID doesn't contain any personal information. diff --git a/terms.md b/terms.md index 9e8a8d3..0ea66aa 100644 --- a/terms.md +++ b/terms.md @@ -2,7 +2,7 @@ nav_order: 27 title: "Terms and Conditions" date: 2022-11-06T20:11:00-07:00 -effective: "Nov 6, 2022" +effective: "Oct 13, 2023" type: page --- @@ -12,113 +12,153 @@ type: page ## Introduction -These Terms of Service govern Fasten Health's relationship with you as you interact with Fasten Health's services. -By using Fasten Health's services, you agree to these terms. -The Services are provided by Fasten Health, Inc. ("Fasten Health"), a Delaware corporation in the United States of America. -Your agreement to these terms is between you and Fasten Health, Inc. When we say Fasten, Fasten Health, "we", "us", or "our", -we mean Fasten Health, Inc. and its associates. +By using the Software and Services Fasten Health Inc ("Fasten Health", "we" or "us") provides, you agree to these Terms, including our [Privacy Policy](/privacy_policy.html). -## Age +- We may update these Terms (1) to reflect changes in our products, services or business operations, +(2) for legal, regulatory or security reasons, (3) to prevent abuse or harm, or (4) to improve readability and make +clarifications that our users request. +- We may provide a more prominent notice (including email notifications) when we make material changes that all of our +users should know about. -You must be 13 years of age or older to use our services. If you are under 13, you can still have a Fasten Health account -and profile, but it must be managed by your legal parent or guardian. If your country of residence is not the USA, then -your government may dictate different age restrictions for managing your own online account containing personal health -information and by using Fasten Health you certify you meet this age minimum. You agree that you are of legal age or -otherwise have legal authority to enter into this binding contract with Fasten Health. +## Source Code License -## Change of Experience +As of October-2023, Fasten Health is licensed under the [GNU General Public License, Version 3.0](https://github.com/fastenhealth/fasten-onprem/blob/main/LICENSE.md). -Your experience will change over time while using Fasten Health because we constantly develop our services and strive to -make continual improvements. We will sometimes add or remove features and/or functionalities as well as increase or -decrease limits to our service. You will be notified by email or in the app when we believe a change will substantially -affect your usage of Fasten Health. +# 1. Definitions -## Conduct +- **Software** means, collectively, any software published and distributed by Fasten Health and for installation on your equipment, including but not limited to the self-hosted Fasten Health software and our desktop applications. +- **Instance** means the self-hosted instance of the Software that you create or use in order to aggregate and manage your Health Records. +- **Services** means any backend services, hosted documentation, cloud storage, software as a service, support forums +and/or other services offered by Fasten Health that are based on or complementary to the Software. +- **Content** means any content made available through the Software, including but not limited to Protected Health Information (PHI), Personal Identifying Information (PII), text, data, images, videos, and other materials. +- **Documentation** means all instructions, diagrams, screenshots, manuals, guides, references and/or other written documents +related to the Software and the Services that we make available for use at [https://docs.fastenhealth.com](https://docs.fastenhealth.com). +- **Digital Assets** means icons, fonts, illustrations, graphics, background images, videos, sounds, models, and sample +files related to or accompanying the Software and/or Documentation, such as those provided on GitHub and used on [https://docs.fastenhealth.com](https://docs.fastenhealth.com). +- **Brand Assets** means trademarks, logos, icons, fonts, corporate designs, product and service names, and any other +brand features and elements, whether registered or unregistered. +- **Order Form** means the order document or order page for the Software and/or Services. +- **You** refers to the individual person, company, or organization that is using the Software, that accesses an Instance, +or that directs the use of the Instance. If you agree to these Terms not as an individual, but on behalf of your company +or organization including its affiliates and subsidiaries (your **“Organization”**), then (i) your acceptance of these +Terms binds that Organization, (ii) you represent and warrant that you’re authorized to bind that company or organization +to the Terms, and (iii) references to “you” will mean you and your Organization. -You agree to follow all applicable laws while using our services and you agree not to abuse or otherwise disrupt our services by interacting with them in a way we did not clearly intend. +# 2. Account terms -## Your Content +> **Short version**: You – or the organization you work for – is responsible for your instance and its security, as well +> as everything stored within it. You must be 18 or over to use our services. -By uploading or otherwise importing data into Fasten Health, you agree that you have a legal right to use that data in the -ways you choose to while using Fasten Health, including sharing that data with us and with anyone else you choose to share with. -If you upload your own creative or non-public factual data into Fasten Health, this data remains yours. For as long as you -maintain an active account and do not delete all of your data, you grant Fasten Health a worldwide, non-exclusive, -royalty-free license to use your data for the purpose of operating and improving our services. Fasten Health will not -share your personally identifiable data with any 3rd party unless you explicitly tell us to share with them, such as by -clicking a share button in the Fasten Health app. +- **2.1 Account Responsibility and Security.** + - **Generally**. If you’re entering into the Agreement on behalf of your Organization, your Organization has administrative control + of all Instances tied to the Organization. You are or your Organization is fully responsible for your Instance and all Content stored within it. + - **Age Limitation**. In order to create an Instance, you must be at least eighteen (18) years old and we do not permit any + users under thirteen (13) years old to use our Software for any purpose. If we discover that an Instance is being used by + a user under thirteen (13) years old, we will notify you that the Instance must immediately be shut down. + - **Security**. You’re responsible for the security of your Instance when using our Software. While we may offer tools to + help you maintain your Instance’s security, these are not guaranteed to work. You’re responsible for all Content posted + on your Instance under your user account, even if you didn't post it. We have no liability of any kind for any loss or + damage from your failure to secure your Instance. -## Fasten Health's Intellectual Property Rights -The services provided by Fasten Health, including the contents of any website or other application, including its appearance, -editorial information, notices, software, and other material, are protected under applicable United States and other applicable -copyright, trademark, and other laws. Your use of the services provided by Fasten Health are subject to a limited, non-exclusive, -non-transferable, non-sublicensable license to access and use such services. Such services are provided without any transfer of -intellectual property rights to you. +# 3. Acceptable use -## Communication +> **Short version**: You’re allowed to use Fasten Health for any reasonable purposes (e.g., don’t try to re-sell it, don’t violate your license, etc.). -We communicate with you in order to provide the services including updates about your account and announcements about new -functionality. Some emails and other communications are important enough that we will send them to you no matter what as -long as you have an active account, such as login and security emails. For optional communication such as weekly summaries -and product announcements, we will provide an easy option for you to disable these at any time. We will not make you wait -10 days for your communication preferences to be updated. +- **3.1 License from Us to You**. The source code for our Software is publicly available at [https://github.com/fastenhealth](https://github.com/fastenhealth/fasten-onprem/blob/main/LICENSE.md). +Your rights to access and use that code is covered by the software license in that repository. +- **3.2 Ownership of the Software**. The Software is owned and operated by Fasten Health. All Documentation or Digital Assets made available via the +Software is owned by us or our licensors and is protected by intellectual property and other applicable laws. All Brand Assets are proprietary to us or our affiliates. +- **3.3 Ideas**. You may submit comments or ideas about the Software, such as how to improve it. By submitting a comment or idea, you +agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or +other obligation, and that we are free to use the comment or idea without any additional compensation to you. By acceptance of +your submission, we do not waive any rights to use similar ideas we already had or obtained from other sources. +- **3.4 Third Party Components**. Portions of the Software are governed by underlying open source and other third party +licenses (“Third Party Components”). These Terms are not intended to limit your rights under the terms of an open source or other third party license. -## Third Party Data +# 4. Usage data -By connecting your patient portals, fitness apps, or any other third party services to your Fasten Health account, you -are authorizing us to obtain and store all health or other information this third party sends to us. Third parties will -often allow you to customize which exact data you share when connecting to Fasten Health, but this is not guaranteed -and we don't have direct control over which data is sent to us. However, you are in full control and can always delete -your data from Fasten Health. -We cannot guarantee the quality, accuracy, legality, completeness, or timeliness of data that comes from third parties, -including both the services you connect via login and any documents that you upload to Fasten Health. We will use reasonable -effort and skill to improve the quality and display of data when we can, but our efforts will still be imperfect and may -occasionally result in inaccuracies. Always consult a qualified medical professional before you take actions regarding -your health data, and always double-check with your healthcare provider if your information seems wrong. +The Software do not send any information with regard to your usage to Fasten Health. Software clients for Windows, Mac, +and Linux regularly check fastenhealth.com for new versions of clients. The version checking request contains a non-personally +identifiable unique id, which we use for client usage statistic purpose only. This ID doesn't contain any personal information. -## Medical Advice +# 5. Data protection -Fasten Health's services are not intended to provide medical advice. Fasten Health is designed to organize and retrieve -information, and we sometimes cite the publicly available recommendations of health authorities, such as recommended daily -step counts by the CDC. These should be interpreted as convenient information retrieval from public sources, not as advice -from Fasten Health. You should talk to a qualified medical professional before taking actions regarding your health. +> **Short version**: Our [Privacy Policy](/privacy_policy.html) tells you what you need to know about how we use any personal information you provide to us. +> The internet is a dangerous place and, while we’ve instituted safeguards to protect your information, you understand that data breaches happen and we can’t guarantee perfect security. + +Data security and user privacy are very, VERY important to us. Please read our [Privacy Policy](/privacy_policy.html) carefully +for details relating to how we collect, use, and disclose personal information you provide to us in connection with your use of the Software. + +As the Software is provided in the form of a self-hosted Instance, Fasten Health will not have access to any of Your Content unless +you include Your Content via email or other support channels to Fasten Health. We have implemented, and the Software contains, +commercially reasonable technical and organizational measures designed to secure Your Content and any other information you provide that is +stored on your Instance (which we do not have access to), and any information that we do have access to (such as support emails you send to us, etc.), +from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized +third parties will never be able to defeat those measures or use your information for improper purposes. You understand that +internet technologies have the inherent potential for disclosure. -## Commitments and Warranty +# 6. Disclaimer of Warranty -Our warranty is to provide our services with reasonable skill and care. Beyond this, the only commitments we make to you -are those provided by applicable law. We make no further commitments regarding our services, including any implied warranties -or fitness for particular purpose. +> **Short version**: Other than the warranties explicitly set forth in this section, Fasten Health Software is provided “as is” with no +> guarantees of any kind (unless applicable law provides you additional mandatory rights). Please read this section carefully. -## Liability +OUR SOFTWARE, SERVICES AND DOCUMENTATION ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED +BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, +ACCURACY, QUIET ENJOYMENT, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. -To the extent permitted by law, Fasten Health won't be responsible whether in contract, tort, or otherwise for any indirect, -special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, -revenue or business, arising in whole or in part from the service or this agreement, even if Fasten Health has been advised -of the possibility of such damages. To the extent permitted by law, you'll indemnify Fasten Health and its directors, officers, -employees, and contractors from any use by you of our services that violates these terms of service. This indemnity covers all -possible liability and expense allowed for by applicable law. +FASTEN HEALTH INC. DOES NOT WARRANT THAT THE SOFTWARE, SERVICES OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR +THAT ALL ERRORS WILL BE CORRECTED. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES +OR FOR ANY ACTS OR OMISSIONS OF ANY THIRD-PARTY SUPPLIERS, VENDORS OR SERVICE PROVIDERS. -## Disabling your Access +# 7. Limitation of Liability -We may temporarily or permanently disable your access to our services if you breach these terms of service. In such a case, -we will refund any payment for services you have not yet received, either pro-rated or in full. +> **Short version**: Each party’s liability is limited to direct damages wherever possible, and to no more than $100 or the +> amount you paid us to access the software. Please read this section carefully. -## Governing Law +TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OUR SOFTWARE, SERVICES OR +DOCUMENTATION, INCLUDING WITHOUT LIMITATION, ORDINARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUCH +AS LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -California law will govern all disputes relating to these terms of service to the extent permissible by applicable law. -Any action brought relating to these terms or relating to the services provided by Fasten Health must be brought in the state +IN NO EVENT WILL FASTEN HEALTH Inc. BE LIABLE TO ANY THIRD-PARTY VENDOR, SUPPLIER, SERVICE PROVIDER, OR FOR ANY AMOUNT IN +EXCESS OF THE TOTAL FEES PAID BY YOU TO FASTEN HEALTH INC. IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. +NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR EVALUATION SOFTWARE IS 100 USD. + +# 8. Governing Law + +> **Short version**: The Terms of this agreement are governed by California law and disputes must be brought in California. + +California law will govern all disputes relating to these terms of service to the extent permissible by applicable law. +Any action brought relating to these terms or relating to the services provided by Fasten Health must be brought in the state or federal courts of California. -## Privacy +# 9. Conduct + +You agree to follow all applicable laws while using our Services and you agree not to abuse or otherwise disrupt our Services +by interacting with them in a way we did not clearly intend. + +# 10. Communications -To understand how Fasten Health uses personal information and other data, see our Privacy Policy. +> **Short version**: We will send you emails relating to your account, security, and other service-related topics. You can opt-out of non-essential communications. + +You can control most of the communications you receive from us. If you have signed up to receive newsletters and/or general +product notifications, you can unsubscribe at any time. To do so, click on the "unsubscribe" or "opt-out" link in the emails you +receive. Even if you opt out, we may continue to contact you if there are problems with your customer account, such as failed +transactions, and to provide the services you have requested, help you resolve problems, answer questions, comply with +applicable laws and regulations, and for similar purposes as described in our [Privacy Policy](/privacy_policy.html). + +# 11. Medical Advice + +> **Short version**: We are not doctors and we do not provide medical advice. Please talk to a qualified medical professional before taking actions regarding your health. + +The Software and Services are not intended to provide medical advice. The Software is designed to organize and retrieve +information, and we sometimes cite the publicly available recommendations of health authorities, such as recommended daily +step counts by the CDC. These should be interpreted as convenient information retrieval from public sources, not as advice +from Fasten Health. You should talk to a qualified medical professional before taking actions regarding your health. -## About these Terms -If any specific term in these terms of service ends up being invalid or unenforceable under applicable law, the other -terms will not be affected. -We will change these terms of service and our privacy policy over time and when changes occur they will be effective -immediately unless explicitly stated otherwise. You will be notified by email or in the app when we believe a major -change is relevant to your use of our services. If we ever make fundamental changes like sharing your data to a new -class of 3rd parties, your account and data will not be subject to the new changes until you have explicitly consented -to the changes within the Fasten Health app. +# 12. About these Terms + +If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will +be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability +of any remaining provisions.