Terms of Use

Welcome to this website or mobile application, a service of 1819 LLC (“we” “us” or “our”). These Terms of Use, including the Privacy Policy and any other policies that we include on www.QuilHealth.com (“terms”) govern your use of the information, tools and other content that we make accessible to you when you use this website or mobile application, or any other website, mobile application or interactive features that link to these Terms (each, a “service” or collectively, the “services”).

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.

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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.

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Content Disclaimer

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:

  1. is compiled from a variety of sources (“content providers”), and is provided for informational purposes only,
  2. is presented in summary form and intended to provide broad consumer understanding and knowledge of health care topics,
  3. 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,
  4. is not a substitute for professional health care and is not meant to replace the advice of health care professionals, and
  5. 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.

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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.

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User-Generated Content

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:

  1. The user content you provide is accurate, complete and timely
  2. You have all rights necessary to grant us the foregoing license,
  3. User content will not infringe or otherwise violate any laws, regulations or third party rights,
  4. 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.

Bear in mind that while you grant us this license to use your user content, our use of it is limited by our [LINK]Privacy Policy.

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Text Messages

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.

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Customer Service and Technical Support

You can get support by sending an email to help@quilhealth.com.

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Medical Disclaimer

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.

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Warranty Disclaimer

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.

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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.

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Indemnification

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.

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Restrictions on Use; Terminating Access

You will not, nor permit anyone else to, directly or indirectly:

  1. 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);
  2. modify or create derivatives of any part of our services;
  3. rent, lease, or use the services for any commercial purpose;
  4. remove or obscure any proprietary notices on the services;
  5. use the services for any unlawful purpose;
  6. access any service or information system that is not explicitly permitted by these terms;
  7. send unwanted messages or emails (i.e.,“spam”) through any services;
  8. send any harassing, defamatory or illegal content through any service (or any content that otherwise infringes or violates the rights of any third party);
  9. use Quil-branded domain names or web URLs in your username without our prior written consent;
  10. interfere or disrupt a service in any way; or
  11. 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.

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Legal Notices

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.

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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.

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Other Terms and Conditions

  1. 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.
  2. 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.
  3. The terms are not assignable, transferable or sublicensable by you except with our prior written consent.
  4. We may transfer, assign or delegate this agreement and its rights and obligations without consent.
  5. 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.
  6. 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.
  7. No agency (except as expressly set forth herein), partnership, joint venture, or employment is created as a result of your acceptance of these terms.

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Effective date: 11/01/2018

Privacy Policy

Welcome to this website or mobile application, a service of 1819 LLC (“we” “us” or “our”). This Privacy Policy explains how we collect and use data when you use this website or mobile application, or any other website, mobile application, or interactive features that link to this Privacy Policy. This Privacy Policy is incorporated into and made a part of the Terms of Use located at https://quilhealth.com/terms-of-use/ .

Privacy Policy Scope

This Privacy Policy
describes the information we collect about you, how we use that information,
and how we protect your privacy when you use our website(s), mobile
application(s) or other interactive feature(s) (each, a “Service, and
collectively, “Services”) that links to this Privacy Policy, including, but not
limited to:

  • 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.

Terms used in this Privacy Policy have the meanings set
forth in the Definitions section found at the end of the policy.

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
  • 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 collect Personally
Identifiable Information when you voluntarily register as a PHR User of
our Services. To use the Services, you must complete the registration process,
which includes accepting our Terms of Use located at https://quilhealth.com/terms-of-use/ .  As part of the registration
process, you may be asked to provide certain information, such as your name,
mailing address, cell phone number and email address; you will also have the
opportunity to provide additional information to us, such as information
regarding your health plan and wellness information. We also may collect Personally
Identifiable Information
and Non-Personally-Identifiable Information
from your Employer or Healthcare Provider(s) with whom we have we
established agreements. When you visit or interact with our Services as a PHR
User
, we collect data from you through a number of different automated
technologies such as Mobile App interactions, Website HTTP requests, Public Web
Browser Agent Data, Tracking Pixels, IP addresses and Cookies. We consider all
of this information PHR Data.

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 privacy@quilhealth.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 privacy@quilhealth.com 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.

Security Safeguards

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.

Children

Our Services that link
to this Privacy Policy are not directed toward children under 13 years of age,
and we do not knowingly collect or use information from children under 13
through services linked to this privacy policy. Any information submitted to
services regarding a minor under the age of 13 must be submitted by the minor's
legal guardian.

Users Outside of the United States

Our Services that link
to this Privacy Policy are only intended to be utilized by users located within
the United States. If you are not located within the United States, please do
not utilize our services.

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 uses the data you provide as set forth above. As stated previously,
we do not sell your information. If you are a resident of California and would
like to make a formal request for data inventory/export/removal, please contact
us using the contact information set forth in this Privacy Policy.  If you are a California resident, you may
have certain additional rights. Visit the California Legislative Website for
more information regarding your rights under the California Consumer Privacy
Act of 2018. California Civil Code Section 1798.83 permits you to request
information regarding the disclosure of your personal information to third
parties for direct marketing purposes. California Business and Professions Code
Section 22581 permits registered users who are minors to request and obtain
deletion of certain posted content.

Changes to this Privacy Policy

We reserve the right
to change this Privacy Policy. When we change it, we will make a copy of it
available to you by posting it on our website and including a link to it in our
mobile applications. If we make material changes to this Privacy Policy that
will result in a new use, disclosure, or permission of access to your personal
data that we previously collected and stored, we will obtain any consent to the
extent required by law. You understand and agree that if you use this website
or mobile application after the effective date of the updated Privacy Policy,
we consider your use as acceptance of it.

Privacy Policy Questions and Exercising Your Data
Privacy Rights

If you have any
questions regarding this Privacy Policy or requests about the use, disclosure,
inventory, export, removal or handling of your information, you may contact us
at 1-215-259-8663 or privacy@quilhealth.com or via mail to:
Quil, 1900 Market
Street, Suite 601, Philadelphia, PA 19103

Privacy Policy Effective Date: 10/29/2018

Privacy Policy Last Updated Date:  3/13/2020

Acceptance Of
Terms

By using any
of Quil websites or applications, you signify your acceptance of our Privacy
Policy. If you do not agree to this policy, please do not use our websites or
applications. Your continued use of the sites and applications following the
posting of changes to these terms will mean that you accept those changes.

Definitions:

  • 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.
  • Cookie
    • 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.
  • Employer
    • 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
    • "PHR" means Personal Health Record.
  • PHR Data
  • 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: February 4, 2021

Copyright © 2021 1819, LLC. All rights reserved.