- The Services Covered by these Terms
- Acceptance of Terms
- Content Disclaimer
- Content for Personal Use Only
- User-Generated Content
- Text Messages
- Customer Service and Technical Support
- Medical Disclaimer
- Warranty Disclaimer
- Limitations of Liability
- Restrictions on Use; Terminating Access
- Legal Notices
- Modification of Terms
- Other Terms and Conditions
- Effective Date
The Services Covered by these Terms
The services that link to these terms, include, but are not limited to:
- 1819 LLC or Quil-branded websites, including QuilHealth.com
- 1819 LLC or Quil-branded mobile applications
- Interactive text messaging features, when you provide your cell phone number to us, or consent to our use of your cell phone number, in a website or mobile application that links to these terms.
To access our services, you will need access to the internet. You understand that you must provide, at your own expense, all internet, telephone and other equipment and services necessary to access and use our services. We are not responsible for the services provided by third parties that operate websites or applications that link to our services.
Acceptance of Terms
These terms are an agreement between you and us. When you use our services, you acknowledge that you have read, understand and agree to these terms. If you do not accept the terms, you may not use the services. This agreement shall apply to any and all of your uses of the services, and shall survive any termination of your access to any one or more of the services.
You understand and agree that the health information and other content appearing in any service or developed with your input as part of the services:
- is compiled from a variety of sources (“content providers”), and is provided for informational purposes only,
- is presented in summary form and intended to provide broad consumer understanding and knowledge of health care topics,
- does not cover all possible uses, directions, precautions, drug interactions or adverse effects, nor mean that a particular drug or course of treatment is safe, effective or appropriate for your health condition,
- is not a substitute for professional health care and is not meant to replace the advice of health care professionals, and
- does not replace or modify any documents or other materials provided to you by your health plan or health care providers.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911.
Content for Personal Use Only
The services let you display and in some cases download content or specific portions of content. In exchange for making this content available, you understand and agree that you will only display and/or download content from the services for your own personal use. You also agree not to change or delete any proprietary notices from any content displayed or downloaded from the services.
You represent that you have properly identified yourself by entering your own name, email address and other personal identifiers (like date of birth, address and phone number) when registering with a service, or you have authorized a personal representative (a family member, for example) to enter this information on your behalf. You or your authorized representative may volunteer this or any additional information while using a service (such as a date of surgery or a type of medical procedure involved in the surgery), including comments, suggestions, error reports or support inquiries (collectively with personal identifiers, “user content”). When you do so, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of your user content as we deem reasonably necessary to provide you with the service. You also represent and warrant to us that:
- The user content you provide is accurate, complete and timely
- You have all rights necessary to grant us the foregoing license,
- User content will not infringe or otherwise violate any laws, regulations or third party rights,
- User content will not damage or cause harm to our systems or networks, the systems or networks of our business partners, other users of our services or any other third party.
In the future, we may send you text messages that relate to the services. By providing your cell number through any of our services, you consent to us sending you text messages that relate to these services. If we provide information to you via text message, you will have the ability to stop getting text messages from us by replying to a text message with the word STOP. We will let you know if message and data rates may apply and provide a list of mobile phone networks that allow for text messaging services, as these services may not work on all mobile phone networks.
Customer Service and Technical Support
You can get support by sending an email to firstname.lastname@example.org.
If you have specific health care needs, or for complete health information, please see a doctor or other health care provider. Neither we nor our content providers make any warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any content appearing in the services. You should never disregard medical advice or delay seeking it because of something you read when accessing the services. Consult your physician if you need medical advice.
The services are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you. The content we provide through the service is for informational purposes only, and no warranty is made that it is error-free.
Limitations of Liability
In no event will we be liable to you for any direct, indirect, special or other consequential damages arising out of any use of our services, or any other hyperlinked website or application, including without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if we are expressly advised of the possibility or likelihood of such damages.
You agree to indemnify and hold us, our affiliates and partners, and each of our respective employees, contractors, directors, suppliers and representatives (“indemnified parties”) from all liabilities, losses, damages, claims, actions, demands, settlements, costs and expenses, including attorneys’ fees, that arise from or in connection with (i) your breach of this Agreement, (ii) your negligence, willful misconduct or violation of any laws or regulations or third party rights, (iii) your disputes with any third parties. Quil reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Quil in asserting any available defenses.
Restrictions on Use; Terminating Access
You will not, nor permit anyone else to, directly or indirectly:
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
- modify or create derivatives of any part of our services;
- rent, lease, or use the services for any commercial purpose;
- remove or obscure any proprietary notices on the services;
- use the services for any unlawful purpose;
- access any service or information system that is not explicitly permitted by these terms;
- send unwanted messages or emails (i.e.,“spam”) through any services;
- send any harassing, defamatory or illegal content through any service (or any content that otherwise infringes or violates the rights of any third party);
- use Quil-branded domain names or web URLs in your username without our prior written consent;
- interfere or disrupt a service in any way; or
- access a service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.
We may terminate your access to any one or more of the services if you violate any of these terms.
We may deliver notice to you concerning these terms by means of electronic mail to the address on record in our files, by a general notice posted on the website or mobile application that links to these terms.
Modifications to these Terms
We may modify these terms at any time by posting revised terms to any website or application that delivers a service. You can determine when these terms were last revised by referring to the Effective Date at the bottom of these terms. Any modifications will be effective immediately upon such posting. Your use of or access to the services after these modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them.
Other Terms and Conditions
- The failure of either party to exercise in any respect any right provided for in these terms shall not be deemed a waiver of any further rights hereunder.
- If any provision in these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable.
- The terms are not assignable, transferable or sublicensable by you except with our prior written consent.
- We may transfer, assign or delegate this agreement and its rights and obligations without consent.
- The terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, as if made within Pennsylvania between two residents thereof. You agree that all disputes or disagreements arising in connection with these Terms of Service shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the Pennsylvania Revised Uniform Arbitration Act. Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules. In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Philadelphia, Pennsylvania using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a state and federal court located in Philadelphia, Pennsylvania. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue of any proceeding brought in accordance with these Terms of Service. You further stipulate that the state and federal courts located in Philadelphia, Pennsylvania shall have personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Services.
- Both parties agree that the terms (inclusive of all policies and documents explicitly incorporated herein by reference) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement.
- No agency (except as expressly set forth herein), partnership, joint venture, or employment is created as a result of your acceptance of these terms.
Effective date: 11/01/2018
Table Of Contents
- Categories of Data We Collect When You Use Our Services
- How We Collect and Use Non-Personally Identifiable Information from Visitors
- How We Collect Personally Identifiable Information Prior to Your Registration.
- How We Collect Personally Identifiable Information from PHR Users
- How We Use the Data We Collect
- How We Share and Disclose Information With Others
- Communications with You
- What You Can Do With Your Information
- Retention of Your PHR Data
- Security Safeguards
- Users Outside of the United States
- Ways in Which You Can Further Protect PHR Data
- Notification in the Event of Improper Disclosure of PHR Data
- Notice to California Residents
- Acceptance Of Terms
- 1819 LLC or Quil-branded websites, including quilhealth.com
- 1819 LLC or Quil-branded and mobile applications
We are not responsible for the privacy practices of any third-party Service Providers (such as health plans, health care providers, internet service providers or cloud service providers) or other third parties operating websites or applications.
The inclusion of a link in any Services to the services provided by another party does not imply that we endorse or otherwise monitor the privacy practices of that linked third-party Service Provider.
Categories of Data We Collect When You Use Our Services
- Non-Personally-Identiﬁable Information
- Information that does not identify an individual and may include:
- Anonymous Mobile App API request, Website HTTP requests, Device IDs, Public Web Browser Agent Data, Tracking Pixels, IP addresses and Cookies
- Service Usage Data
- De-identified Data
- Information that does not identify an individual and may include:
- Personal Health Record Data includes information that you, your Employer and/or your Providers provide to the Service. PHR Data includes PII, PHI and may include information such as:
- Your name and contact information, such as your address, phone number, or email address.
- Your medical history, conditions, treatments, and medications.
- Your healthcare claims, health plan account numbers, bills, and insurance information.
- Your demographic information, such as your age, birth date, gender, ethnicity, and occupation.
- Wellness information that you enter into the Service such as notes, fitness data, scheduling, height, and weight.
- Specific Device IDs, IP addresses, Gelocation data and Cookies that are aggregated together and linked to your account.
How We Collect and Use Non-Personally Identifiable Information from Visitors
If you have not registered for a Service account, then we treat you as a Visitor to our websites. When you visit or interact with our Services as a Visitor, we collect data from you through a number of different automated technologies such as Anonymous Website HTTP requests, Public Web Browser Agent Data, Tracking Pixels, IP addresses, and Cookies. We utilize Google Analytics, Firebase and Tag Manager to help collect this information, please see “How Google uses data when you use our partners’ sites or apps” for more details.
We use this information to track traffic on our websites; we do not track specific visitors over time and across third-party websites for targeted advertising; therefore, we do not respond to Do Not Track (DNT) signals.
After you have registered for an account, we no longer treat you as a Visitor but a PHR User of our Services.
How We Collect Personally Identifiable Information Prior to Your Registration.
Before you register for a Service account, we may collect your information in two ways: (1) if you contact us through the Internet and provide us with your contact information (e.g., name, mailing address, email address and other information); (2) We may obtain your contact information and other information from your Employer or a Healthcare Provider with which we partner. In either case, we will use such information for the sole purpose of informing you about our Services and inviting you to register or providing Services to you.
How We Collect Personally Identifiable Information from PHR Users
We do De-identify PHR Data, which is the process where personal identifiers are removed from an individual’s dataset and do not allow someone to determine a person’s identity. De-identified Data is no longer considered PII, PHI, or PHR Data; it is considered Non Personally-Identiﬁable Information.
How We Use the Data We Collect
We use Personally Identifiable Information and Non-Personally Identiﬁable Information so that we can:
- Verify your identity and authenticate access to your account.
- Provide you with our Services.
- Personalize the wellness management of our Services.
- Provide you with customer service and technical support for our Services.
- Evaluate and improve our Services and analyze trends.
- Notify you of new Service features or new Services that we provide.
- Notify you of other services or benefits available to you.
- Take action that helps us to maintain the security of our Services, the privacy of your PHR Data, obey laws, and help prevent fraud and abuse.
- Update any software that we provide in conjunction with our Services.
- Take actions to enforce our agreements and policies.
How We Share and Disclose Information With Others
Our policies for sharing and disclosing your data with others depends on whether you have registered with our Services or not.
- Third-Party Service Providers.
We consider all PHR Data we collect from our Services to be conﬁdential. We use third-party service providers to assist us in delivering our Services to you, including cloud hosting, technical integration, analytics, customer service, and fraud protection services. We may share PHR Data we collect about you with these third parties to the extent necessary for them to provide these services. These companies are acting on our behalf and are required by our Business Associate Agreements, to keep this information conﬁdential and are only authorized to use it for speciﬁc purposes.
- Your Employer
We will share De-Identified Data with your employer. We also may share PHR Data with your Employer as allowable by law.
- Your Health Plans and Health Care Providers.
We will share De-Identified Data with your health plans or Health Care Providers. We also may share PHR Data with your health plan and/or Health Care Provider(s) as allowable by law and/or with whom we have established Business Associate Agreements,.
- Your Authorized Representatives.
Our Services may give PHR Users the option of designating one or more individuals or organizations to access their PHR Data through the Services. In these cases, we will ﬁrst request your consent and contact information that we can use to verify the identity of these individuals or organizations. You should only authorize this access to individuals or organizations with whom
you have a trusted relationship, as we cannot control these individuals or organizations’ use of your PHR Data or the access credentials that we issue to them with your consent.
- Legal Authorities.
We may be required by law or legal process to disclose PHR Data to our lawyers, to third parties in connection with litigation, or to law enforcement personnel. We will disclose your PHR Data in compliance with applicable laws.
We may provide this information without your consent and without notice to you when we are required to do so in order to comply with a valid legal process such as a subpoena, court order, or search warrant.
- Business Transfers.
If we enter into a merger, acquisition, or sale of all or part of our assets, your PHR Data may be included in the transferred assets. In such an event, so long as we have the means to contact and are required to do so, we will provide you with notice of such a transaction.
- We do not sell your PHR Data to Data Brokers, Marketing Groups, Advertising Networks, or Analytics Firms.
Communications with You
Before you register for a Service account, we may use the contact information provided by your Employer or Healthcare Provider to inform you about our Services and inviting you to register. To the extent that your Employer or Healthcare Provider provides us your contact information, or as otherwise allowable by law, Quil may contact you via email or SMS for Service registration. If you do not wish to receive any notifications from us, you may click “Unsubscribe” on any emails and reply back with “STOP” to any SMS messages. You may also contact us by email at email@example.com and request that we STOP text messages or “Unsubscribe” you from emails. Data rates may apply to SMS messages.
For your convenience, emails and SMS messages may, and in accordance with applicable law, be sent to you in connection with our Services like for appointment reminders, wellness notifications, and more; these messages may contain your PHR Data. Emails and SMS messages that may contain your PHR Data and you understand and accept the risk of using these unsecured communications. We are
not responsible for the security and privacy practices of your email provider or cellular carrier. You may choose to change your communication preferences at any time when logged into the Service application and/or website.
What You Can Do With Your Information
If you are a PHR User, you can contact us at firstname.lastname@example.org regarding how your PHR Data is handled, such as data correction, deletion, and export requests. We will respond to your privacy requests within 30 days or such other time period as required by applicable law.
Retention of Your PHR Data
We will retain your PHR Data for as long as your account is active or as needed to provide you with Services, or comply with our legal and contractual obligations, resolve disputes, and enforce our agreements with you.
We have implemented technical, administrative, and physical security measures based on generally accepted industry standards that are designed to protect PHR data from unauthorized access, disclosure, use, and modiﬁcation. We regularly review our security practices to consider appropriate new technology and methods. We enter into agreements with our third-party Service Providers that require them to adhere to privacy and security standards that are no less stringent than our own for the services that we delegate to them.
Users Outside of the United States
Ways in Which You Can Further Protect PHR Data
- Never share your username and password information with anyone.
- Do not reuse passwords between your Quil service account and other accounts you own.
- Immediately change your password if you believe any unauthorized access to your Quil service account has occurred.
- Log out of your service account when you’ve completed the actions for which you logged in.
- Install appropriate security products, such as firewalls, anti-virus and anti-spyware software, and wireless network security products on the computers from which you access your service account.
- Make sure that you read and understand the privacy policies of your Employer or Health Care Provider(s).
- If you choose to opt-in to using communication convenience features that may send PHR Data to you via email and/or SMS, be sure to protect your email account and phone with robust passwords and multi-factor authentication.
Notification in the Event of Improper Disclosure of PHR Data
In the event that identifiable data is improperly disclosed, Quil will contact affected individuals via reasonable means such as email in accordance with applicable state and federal laws.
Notice to California Residents
Quil, 1900 Market
Street, Suite 601, Philadelphia, PA 19103
Acceptance Of Terms
- Authorized Representative
- An Authorized Representative is someone you authorize to access your PHR Data on your behalf.
- Business Associate Agreement
- A Business Associate Agreement (BAA) is a HIPAA required contract between a covered entity, such as a Healthcare Provider, and business associate, such as a company that maintains, stores and/or transmits PHI on behalf of that covered entity.
- A cookie is an element of data that we can send to your web browser to track your usage patterns as you visit browse the internet.
- De-identified Data
- De-identified data is data in which personal identifiers are removed.
- Device ID
- A unique alpha-numeric device identiﬁer.
- Collectively the entity that employs you, or other organization with which you are affiliated through which you have access to Quil’s services.
- Healthcare Provider
- A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your Quil service account.
- Non-Personally-Identiﬁable Information
- Information that does not identify an individual.
- “PHR” means Personal Health Record.
- PHR Data
- PHR User
- An individual who has registered themselves within the Service (Quil Health Platform).
- “PHI” means Protected Health Information, which is defined as any information (PII) in a medical record that can be used to identify an individual, and that was created, used, or disclosed in the course of providing a health care service, such as a diagnosis or treatment
- Visitor / Non-PHR User
- An individual who has not registered themselves within the Service (Quil Health Platform).
- Service Providers
- A service provider is an entity that is hired to perform certain functions for and operate under the direction and control of Quil.
Last Updated: July 19, 2021
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