EULA:HEALTHCAREALERT.COM
HealthCareAlert.com is a company specializing in the creation of Smartphone applications to help individuals using the application gets updated in any health threat and providing possible solutions thereto. Basically, the application identifies any health threat near the user then provides reality news where these threats are. It is also a capable of identification of hotspots and cluster spots where these threats are.
For a customer to use the application, he needs to register and provide personal information to the company before getting access to the application. All activities related to its use are bounded by the company’s Application End-user License Agreement. This document contains information on how the software is to be used by the user and how the information collected by the company from the user will be used by the company in-return.
First, the use of the software is government by the user’s license and warranty. As any other software vendors want, the customer could install the software only upon registration and in only one device. Its unauthorized distribution is prohibited or its modification without any prior advice. Likewise, the company prevents the use of other identities when creating accounts with the company. It must be personal and information provided must be true.
With regards to the application of the Health Privacy Principles with regards to the data provided by the users, most of its provisions are adhered to. The nature of collection of data is lawful as it is required for the proper administration of the software. It is specifically stated in the agreement that the company will not share or rent the information collected from the user to any other company or individuals without prior information. It is also stated in the privacy agreement that the user can enforce its California Privacy Rights thus the user can request this office to check whether the company has disclosed any of the information the user has provided to other institutions.
Although the clause says that any move to share the information provided entails to inform the user, it does state that they can ask third party organizations to do things for them and this may entail the provision of the customers personal information. The policy says just to inform the customer but not to ask permission. There is a possibility that with this move, personal information of the user can “leak” and could be used for fraudent acts.
The information privacy principles of collection, use and disclosure, anonymity, transborder data flows were addressed in the EUALA, however, it is silent on the other principles. With these, there may be loopholes when a consumer insists one right because it is not explicitly stated in the agreement.
The agreement specifically does not touch on how the company will ensure data quality and data security. Although, it states that the user must provide truthful personal information, there were no provisions on how to validate the truthfulness of the data they have provided. Moreso, it lacks provision on how they will protect the personal data the customer has given. It only states that they will not disclose information and if they need to, they will inform the user. However, no explicit clauses were given on misuse its unauthorized usage.
With regards to openness policies, it lacks further parameters. Although, it is expressed that personal information will only be used for the administration of the software and will not be shared unless needed, they must also seek permission from the user in any case personal information needs to be shared to any individual or company.
The policy is also mum on the customer’s right to access and correct any information provided. Likewise, the policy on the usage of unique identifies is also lacking. This means that if the software uses data matching while looking for files of individuals, there is a big tendency they will access files which they are not supposed to access. To minimize the disclosure of data to unauthorized users, unique identifies must be provided. Anonymity principle was also not mentioned in the policy. With regards to the collection of sensitive information from the user, the policy did imply as to what data will be collected, however, it was not explicitly stated that the company will never collect sensitive information.
Overall, the HealthCareAlert.com’s policy tried to address the basic privacy issues, however, there are still provisions lacking. The company must provide policies concerning all the health and information privacy principles.
References:
Information and Privacy Commission. What are the Health Privacy Principles? Retrieved from http://www.ipc.nsw.gov.au/privacy/public_media/privacy_individ_public/indiv_health_privacy_principles.html?s=897846971
HealthCareAlert.com (2013). EULA. Retrieved from http://healthcarealert.com/eula
Attachment A:
HEALTHCAREALERT.COM APPLICATION END USER LICENSE AGREEMENT
LICENSE AND YOUR WARRANTY:
The software that accompanies this license, including all documentation, content, images, fonts, and alerts as well as any third party software or content, in any media or any other form (collectively, the "Software") is the property of HealthCareAlert.com or its licensors, and is protected by copyright and other intellectual property law. Although HealthCareAlert.com at all times owns or licenses the Software, you will have certain rights to use the Software after your acceptance of this license. This Software is licensed, not sold to you, for use only under the Terms of this Agreement, and HealthCareAlert.com reserves all rights not expressly granted to you.
This beta version of our Software is designed for and intended for users in the United States. We make no representation that the Software is applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Software from territories where the content is illegal is prohibited. If you choose to access the Software from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
You may:(i) use one copy of the specified edition of Software and documentation on a single computer or mobile device, and only by one registered user. The Software is “in use” on a computer or mobile device when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device); and(ii) use the content, clip art and images only in combination with the Software or as authorized under this License.
You may not:(i) rent, lease, copy, distribute, license, sublicense or otherwise transfer the Software or its documentation to any other party. The Software contains copyrighted material, trade secrets and other proprietary material; or(ii) decompile, reverse engineer, disassemble, translate, decrypt, make any attempt to discover the source code of the Software or otherwise reduce the Software to a human perceivable form, or modify, network, or create derivative works based upon the Software or the documentation in whole or in part, nor permit any other party to do so (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing the use of open-sourced components included with Software); or(iii) use this Software for commercial purposes of any sort, without previous written approval by HealthCareAlert.com.
You agree not to provide any false information through Site or the Software or to create an account for anyone other than yourself. Your account is personal to you, which means that you are not authorized to transfer, loan, give or sell your account membership. You agree to keep your contact, account information and Personal Information up dated and accurate. It is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent of HealthCareAlert.com, which may or may not be granted, at the sole discretion of HealthCareAlert.com. You are responsible for any mobile fees that may apply in accessing our Site or Software, or retrieving alerts.
DATA COLLECTION AND PRIVACY POLICY:
You acknowledge and agree that HealthCareAlert.com may collect and retain information about you, such as your name, age, gender, and email address (“Personal Information”). Collection of this Personal Information and use of Personal Information is for the administration of the Software only. We will not sell, share, or transfer this data to third parties unless we indicate this herein. You understand that HealthCareAlert.com may employ other companies to perform functions on our behalf, such as sending emails, or providing marketing assistance. These companies may have access to Personal Information needed to perform their functions, and may not use such information for other purposes. In the event we employ third parties, we will advise you of the name of those third parties. By assenting to this agreement, you agree that you understand and accept our data collection and privacy policy. If you would like to inquire about our data collection policies, or make changes to your data, please email us . We do not knowingly collect or maintain Personal Information from individuals who are under the age of 18 years of age. Our Software is targeted at those who are 18 or older.
HealthCareAlert.com reserves the right to change our privacy policy at any time. If we decide to change our Privacy Policy, we will email you about the change. In the event that HealthCareAlert.com goes through a business change, such as a merger, acquisition or sale, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of HealthCareAlert.com or its assets may continue to use your Personal Information as set forth herein. You hereby consent to us sharing your Personal Information under the above circumstances.
EMAILS:
If you have registered with HealthCareAlert.com, you consent to allow us to contact you to provide you with information concerning your account, your alerts, and your use of our Software. Additionally, with each commercial communication you receive from us, you will be given the opportunity to indicate that you wish to "Unsubscribe" from receiving such future communications.
TERMINATION:
This License is effective until terminated. Licensee may terminate this License at any time by destroying the copy of the Software and its documentation. This License will terminate immediately without notice from HealthCareAlert.com if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy any copy of the Software and its documentation and cease and desist from any further use of the Software.
EXPORT LAW ASSURANCES:
You may not use or otherwise export or re-export the Software. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls as defined by EAR, 15 C.F.R. Parts 730-774, and BXA (http://www.bxa.doc.gov). You also agree that you will not use this Software for any purposes prohibited by U.S law.
WARRANTY:
YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALTHCAREALERT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SOFTWARE. HEALTHCAREALERT.COM DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT HEALTHCAREALERT.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, HEALTHCAREALERT.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT, ALERTS, OR SERVICES POSTED EITHER BY HEALTHCAREALERT.COM. YOU AGREE THAT NEITHER HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR OPINIONS PROVIDED THROUGH THE SOFTWARE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND SERVICES, INCLUDING THE SUBMISSIONS THROUGH OUR SOFTWARE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS, FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY HEALTHCAREALERT.COM. THE ENTIRE LIABILITY OF HEALTHCAREALERT.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED AGENTS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
HealthCareAlert.com reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with HealthCareAlert.com in the defense of any such claim, action, settlement or compromise negotiations, as requested by HealthCareAlert.com.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
GENERAL:
This License shall be governed by the laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Clara County or the federal courts in the Northern District of California to resolve any disputes arising under this License. This License contains the complete understanding between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. No provision hereof shall be deemed waived or modified except in writing. Updates may be provided at the sole discretion of HealthCareAlert.com.
The intellectual property protections, the disclaimers of warranties, and the limitation of damages shall survive termination. The failure or delay of HealthCareAlert.com to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach. If any provision of this Agreement is held invalid, the remainder of this Agreement will remain in full force and effect.
Should you have any questions concerning this Agreement, or if you desire to contact HealthCareAlert.com for any reason, please email HealthCareAlert.com at
