Inspire Diagnostics Terms of Use

Privacy Policy/Terms of Use

Effective Date: 4/30/2020

Below are the terms that apply to the online products and services owned and operated by Inspire Health Alliance, LLC dba Inspire Diagnostics (“Inspire Diagnostics”), including our mobile applications (collectively, the “Platform”). This Terms of Use Agreement (“Agreement”) informs Visitors of the rules and policies that govern the Platform. We use the term “Visitors” to include both registered users of the Platform and any other person that accesses the Platform at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules, including this Agreement.

Please carefully read this Agreement. We may update this Agreement from time to time without notice. Any changes to this Agreement will be incorporated into a revised Agreement that we will post on the Website. All visitors have the obligation to review changes to this Agreement, including any changes to our Privacy Policy. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of the Platform constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access the Platform. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE THE PLATFORM.

To participate in activities on the Platform, we may request that you submit certain personally identifiable information about yourself, including health and medication information (“Personal Information”). We may also gather certain types of non-personal information about your visit to protect the security of Platform visitors or the Platform or to make the content of the Platform more useful and enjoyable for all our visitors. All information gathered from visitors by the Platform will be governed by our Privacy Policy, which is incorporated in this Terms of Use Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use, and disclosure practices.

Visitors are responsible for providing accurate, timely, and complete information to us and our operational providers, agents, and affiliates in connection with a visitor’s participation and/or use of the Platform. Your participation in the Platform’s activities may be canceled without notice if, at any time, we discover that you provide false information or violate any term of this Agreement or our Privacy Policy. The Platform, Inspire Diagnostics and User Organization are not liable or responsible for any claims relating to any inaccurate, untimely, false, or incomplete information provided to us or resulting from a visitor’s failure to fully comply with any provision of this Agreement. If necessary, and in accordance with applicable law, the Platform and Inspire Diagnostics will cooperate with local, state, and/or federal authorities to protect the Platform or Inspire Diagnostics or to prevent unauthorized use of the Platform or any content included on the Website or Application.

Content for Patient Education Purposes Only
The contents of all patient education content, including but not limited to, information about drugs and medical conditions and any information provided through the functionality made accessible through the Platform such as the News Feed feeds, provided by Inspire Diagnostics through the Platform (collectively “Patient Content”) is for informational purposes only. The Patient Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that Inspire Diagnostics and User Organization (a) have not represented that the Patient Content has the ability to diagnose disease, prescribe treatment or perform any other tasks that constitute the practice of medicine; and (b) make no warranty as to the nature, accuracy, reliability, currency, completeness, or quality of the Patient Content.

Always seek the advice of a qualified health care provider if you have any questions regarding a medical condition. Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read in Patient Content. If you think you may have a medical emergency, call your health care provider or 911 immediately. Inspire Diagnostics and User Organization do not recommend or endorse any specific tests, health care providers, products, procedures, opinions, or other information that may be mentioned in the Patient Content. Reliance on any Patient Content is solely at your own risk.

Registration and Participation
Registration with the Platform may be required in order to access certain services, including, without limitation, the creation of an Account (“Account”) or participation in certain interactive features of the Platform. Your registration information will be handled by us in accordance with our Privacy Policy, which you should review prior to registering with us.

You are responsible for maintaining the confidentiality of your password and any membership Account information. You agree to immediately notify us of any unauthorized use of your password or other membership Account information and further agree to indemnify and hold the Platform and Inspire Diagnostics harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your personal contact and e-mail information if you have registered with the Platform. You may change, update, or delete certain information in your profile by contacting us. If your e-mail address is canceled, or becomes inactive or inaccessible for an extended period of time, we may cancel your registration and delete all or part of your Account, to the extent allowed by law and in accordance with our security measures. We also reserve the right to suspend or terminate your Account if you violate any provision of this Agreement or our Privacy Policy, or for any other behavior that we, in our sole discretion, believe is inappropriate.

CHILDREN’S PRIVACY
The Platform is not intended to, nor do we knowingly collect information from, children under the age of 13. A parent or guardian assumes full responsibility for ensuring that the information that he/she provides to Inspire Diagnostics about his or her child is kept secure and that the information submitted is accurate.   If you become aware that your child or any child under your care has provided us with information without your consent, please contact our Privacy Officer at:

Privacy and Data Protection Officer
Inspire Health Alliance, LLC
26497 Rancho Parkway South
Lake Forest, CA  92630
clientsupport@InspireDiagnostics.com

DMCA Copyright Infringement Claim Policy
If you believe in good faith that materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the infringing material, which shall include the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright for more information.

Notices and counter-notices should be sent to:

Chief Administrative Officer
Inspire Health Alliance, LLC
26497 Rancho Parkway South
Lake Forest, CA  92630
clientsupport@InspireDiagnostics.com

If the Platform receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Website reserves the right to terminate the Accounts of “repeat copyright infringers.”

Material on this server may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this server without prior notice.

E-mail
E-mail is an important communication method for our online visitors. The person in whose name the e-mail account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person’s name or account. You agree that we will use your e-mail address and the content of any e-mail to correspond with and respond to you. Any non-personal information or de-identified data you provide to us by e-mail – including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like – shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the e-mail from disclosure.

The submission of non-personal information or de-identified data to us shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas or the like by the Platform or Inspire Diagnostics for any purpose, and the Platform and Inspire Diagnostics shall be free to reproduce, use, disclose, and distribute such information to others without liability or restriction. Any Personal Information transmitted with an e-mail, such as the sender’s name, e-mail address, or home address, will be protected in accordance with the policies set forth in our Privacy Policy.

Third Party Links
The Platform contains links and pointers to other websites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by the Platform or Inspire Diagnostics of any third party resources or content. Links do not imply that the Platform sponsors, is affiliated or associated with, or otherwise recommends, certifies, or endorses the third party link or website. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. The Platform reserves the right, in its sole discretion, to terminate links with any third parties or other websites deemed inappropriate or inconsistent with the Platform. The Platform and Inspire Diagnostics make no representations about the content, functionality, or practices of such third-party websites and resources, and disclaim any and all warranties, express or implied, with respect thereto.

Security Measures
Please review our Privacy Policy for information on the Platform’s security measures and the protection of your Personal Information.

DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE PLATFORM IS PROVIDED “AS IS.” INSPIRE DIAGNOSTICS AND USER ORGANIZATION DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE PLATFORM OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THE PLATFORM IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, THE PLATFORM AND INSPIRE DIAGNOSTICS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER THE PLATFORM NOR INSPIRE DIAGNOSTICS NOR USER ORGANIZATION ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS PLATFORM; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE PLATFORM OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE PLATFORM OR MATERIALS ON THE PLATFORM; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, RÉSUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE PLATFORM OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES, OR SUPPORT. IN NO EVENT WILL THE PLATFORM OR INSPIRE DIAGNOSTICS OR USER ORGANIZATION BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF THE PLATFORM OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE PLATFORM, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR PLATFORM THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, SPONSORS, AND PROMOTIONAL PARTNERS.  THE PLATFORM, INSPIRE DIAGNOSTICS AND USER ORGANIZATION WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER PLATFORMS, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE PLATFORM.

Severability
If any provision or portion of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Choice of Law and Forum
The Platform is originated and located in the United States, and this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. Any dispute arising out of or relating to this Agreement or your access or use of the Platform will be subject to the exclusive jurisdiction of the courts located within the State of Delaware, and you hereby submit to the personal jurisdiction of such courts.

Modifications to this Agreement
We may modify this Agreement at any time and in any way with or without notice to you by updating this Agreement. Your use of the Platform is subject to any such revisions and you should periodically visit this page to review the current Agreement that applies to your use of the Platform. Your continued access to or use of the Platform and/or any services offered through it shall be your conclusive acceptance of this Agreement, including any modifications.

Inspire Diagnostics User Privacy Policy
The following Privacy Policy (the “Policy”) describes how Inspire Health Alliance, LLC dba Inspire Diagnostics (“Inspire Diagnostics”) handles your personal information, including related personal information, collected from or about you when you use any part of the Inspire Diagnostics ecosystem, including our mobile applications (collectively, the “Platform”). This Policy is a part of and incorporated into the Terms of Use Agreement (“Terms of Use”) applicable to the Platform and any terms capitalized herein but not defined shall have the meanings assigned to such terms in the Terms of Use. By visiting or using the Platform, including by enabling the use of emails or text messages from Inspire Diagnostics, you agree to accept the practices described in this Policy. If you do not agree with or are not willing to comply with any portion of this Policy, do not access or otherwise use the Platform.

This Policy applies only to information collected through the Platform. Any information about you collected outside the Platform will not be governed by this Policy.

A. YOUR HEALTH INFORMATION

1. In order to use any portion of the Platform, you will need to create a Inspire Diagnostics Account (“Account”). Creating an Account provides you with some control over who can access your Personal Information (as defined below).
2. We are providing you access to the Platform on behalf of User Organization.  Personal Information we collect from you through the Platform on behalf of User Organization may be protected by applicable privacy laws in your country of residence.  Our collection use and disclosure of such Personal Information will be done in accordance with those privacy laws.  In the event of any inconsistency between this Policy and such privacy laws, such privacy laws, as applicable, shall govern.  None of your Personal Information will be disclosed by Inspire Diagnostics to User Organization

B. THE INFORMATION WE COLLECT
When you create an Account or use the Platform, we may collect certain personally identifiable information about you (“Personal Information”) in various ways. For example, when you register for our services, we will collect certain registration information like your name, email address, phone number and other Personal Information about you. When you use the Platform, we collect the information that you provide through the Platform. We will collect self-reported information (“Self-Reported”). Self-Reported responses will be considered Personal Information unless they are no longer associated with your identifying information. IF YOU DO NOT WISH TO SHARE YOUR PERSONAL INFORMATION WITH US, PLEASE DO NOT REGISTER FOR OR OTHERWISE USE THE PLATFORM.

1. Inspire Diagnostics will record information about your use of the Platform (such as number of log-ins and time and date of your submission of survey responses). This information is stored in association with your Account for the duration of the study and will be aggregated with other data.
2. Inspire Diagnostics will also collect and use certain technical data and usage information, including but not limited to technical information about your computer or device, your computer’s or device’s operating system, and peripherals.

C. HOW WE USE THE INFORMATION WE COLLECT

1. To Provide You with Information. If you create an Account on the Platform, we may use Personal Information we collect through the Platform to provide you with reminders and other information related to your use of your Account  We may also use your Personal Information to send you communications, including a welcome e-mail; messages to verify your username and password; information relating to the Platform; and communications related to your use of your Account.
2. Using Anonymous and Aggregate Information. We may anonymize your Personal Information to create “Anonymous Information.” Anonymous Information is no longer Personal Information because it does not identify or permit the identification of any individual and is not otherwise attributed or attributable to any one person. We may then aggregate your Anonymous Information with the Anonymous Information of other users to create “Aggregate Information.”  This Aggregate Information is also anonymous.  We may provide Anonymous and Aggregate Information to User Organization which may use Anonymous or Aggregate Information to publish trend statistics, medical studies, reports, lessons learned and white papers.  For example, User Organization might publish trend data to demonstrate improved overall health of ecosystem users. None of this Aggregate Information can be used to personally identify an individual.
3. Other Uses. We may use your Personal Information to detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuses of the Platform. To the extent permitted by applicable law, we may use information (including information that does not identify you) to conduct research and measurement activities and to perform other administrative functions relating to the Platform.
4. Customer support. We may use or request Personal Information from you when you contact our customer support to answer your questions, to investigate and troubleshoot problems.

D. SHARING YOUR INFORMATION

1. Other than as described in this Policy, we do not sell or provide your Personal Information to unaffiliated third parties. In addition, we may disclose the Personal Information that we collect: (a) to our service providers who work on our behalf and have agreed to adhere to the rules set forth in this Policy; or (b) otherwise in accordance with this Policy and applicable law.  We may buy or be bought by other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale or other change of control.  In such transactions, your information, including all Personal Information, may be included in the transferred business assets.  Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your information is treated, transferred or used and your Personal Information may be included in the transferred assets; however, we will take all appropriate actions to prevent your Personal Information from being disclosed to a third party in such an event.
2. We may share Anonymous Information and Aggregate Information with other third parties only as permitted to do so by your express Consent.
3. In certain situations, Inspire Diagnostics may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, upon receipt of a valid judicial instruction.
4. In cases of onward transfers of data, received pursuant to the EU-U.S. Privacy Shield, Inspire Diagnostics is potentially liable.

E. SECURITY
We strive to maintain administrative, technical, and physical controls designed to safeguard the information we collect through the Platform. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Platform over networks that we do not control, including the Internet and wireless networks.

• Inspire Diagnostics uses industry standard security measures to encrypt sensitive information both at rest and in transit.
• Inspire Diagnostics ensures processing, production, and research environment are separate and access is restricted and limited to essential personnel.  Information is de-identified/pseudonymized.
• Inspire Diagnostics maintains a formal incident management program designed to ensure the secure, continuous delivery of its services.
• Inspire Diagnostics uses the state of the art instruction detection and prevention measures to stop any potential attacks.

F. YOUR PRIVACY CHOICES

1. If your contact information changes, if you no longer wish to receive information or communications from Inspire Diagnostics, or if you wish to modify settings relating to how or with whom your Account is shared, please email us at clientsupport@Inspirediagnostics.com.
2. You may access, update or change your Personal Information within the Account Settings. Should you want your entire Account deleted, please email us at clientsupport@Inspirediagnostics.com to facilitate that request.
3. You have the right to opt out of your information being used for any purpose by emailing us at optout@Inspirediagnostics.com.If you wish to stop any email notification / email communication, you can click the “unsubscribe” button at the bottom of any email communications, as applicable.
4. Unless you make a request for us to delete your account or delete certain personal information, we will store your personal information as long as your account is open or unless a longer retention period is required or permitted by law.

G. CHILDREN’S PRIVACY
The Platform is not intended to, nor do we knowingly collect information from, children under the age of 13. A parent or guardian assumes full responsibility for ensuring that the information that he/she provides to Inspire Diagnostics about his or her child is kept secure and that the information submitted is accurate.  If you become aware that your child or any child under your care has provided us with information without your consent, please contact our Privacy Officer at the address listed below in section K.

H. CHANGES TO THIS POLICY
We reserve the right to update this Policy from time to time by posting a new Policy on this page. If we make any changes to this Policy, we will change the date below in Section J. You are advised to consult this Policy regularly for any changes, and your continued use of the Platform after such changes have been made constitutes acceptance of those changes. If we make any revisions that materially change the ways in which we use or share the information previously collected from you through the Platform, we will give you the opportunity to consent to such changes before applying them to that information.

I. PRIVACY SHIELD FRAMEWORK(S)
Inspire Diagnostics complies with the EU-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  Inspire Diagnostics has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

If you are unhappy with how we deal with your complaint, or the outcome, you may invoke binding arbitration or refer your complaint to a data panel.

With respect to Personal Information received or transferred pursuant to the Privacy Shield Frameworks, Inspire Diagnostics is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

We are the “processer” with respect to your Personal information on behalf of the “controller”.  We will perform data processing within the bounds of the mandate given by the controller.

J. COMPLAINTS
If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally. Our contact information is:

Inspire Health Alliance, LLC
26497 Rancho Parkway South
Lake Forest, CA  92630
support@Inspirediagnostics.com

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, you can also submit your complaint to Privacy Trust, an independent third party. Visit https://www.privacytrust.com/drs/Inspire Diagnostics to file a complaint.

Finally, as a last resort and in limited situations, EU and EEA individual with remaining privacy complaints may use the binding arbitration mechanism before the Privacy Shield Panel.

K. CONTACT INFORMATION
This Policy was lasted updated on July 24, 2020.

The Office of the Privacy and Data Protection Officer can be reached using the contact information below.

Privacy and Data Protection Officer
Inspire Health Alliance, Inc
26497 Rancho Parkway South
Lake Forest, CA  92630
clientsupport@InspireDiagnostics.com