Terms and Conditions

Last updated: April 18, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the 3PointData Inc., Services (the "Service") operated by 3POINTDATA, INC. ("us", "we", or "our").

Please read our Privacy Policy as they are considered part of these Terms and Conditions.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Definitions

"Data Controller" means the entity which determines the purposes and means of the Processing of Personal Data.

"Data Protection Laws" means all laws and regulations, including laws and binding regulations of the countries or formal groups of countries to whose data subjects we provide service - including but not limited to the United States of America, the European Union and their member states, the United Kingdom - as applicable to the Processing of Personal Data under the Agreement.

"Data Subject" means the identified or identifiable person to whom Personal Data relates.

"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, to the extent that such information is protected as personal data under applicable Data Protection Laws and is submitted by our customer or our Data Controller affiliates, as Customer Data.

Communications

By creating an Account on our service, you consent to receive newsletters, marketing or promotional materials and other information we may send. Our communications include valid contact information and include only those customers using or affiliated with our service. You may remove your consent to receive these communications from us by following the unsubscribe link or instructions provided in any communications we send.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or 3POINTDATA, INC. cancels it. You may cancel your Subscription renewal, in accordance with applicable contract terms, either through your online account management page or by contacting the 3POINTDATA, INC. customer support team at Support.3PointData.com or via email to Support@3PointData.com.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide 3POINTDATA, INC. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize 3POINTDATA, INC. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, 3POINTDATA, INC. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

3POINTDATA, INC. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by 3POINTDATA, INC. until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, 3POINTDATA, INC. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

3POINTDATA, INC., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

3POINTDATA, INC. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by 3POINTDATA, INC. on a case-by-case basis and granted in sole discretion of 3POINTDATA, INC.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

3POINTDATA, INC. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of 3POINTDATA, INC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

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When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Capture and Use of Personal Data

We capture Personal Data for the sole purpose of enabling the customer (patient) experience services we provide. The services are not initiated and therefore personal information is not captured from the data subject unless: a) initiated by the data subject who provides Consent to our Terms & Conditions and Privacy Policy; or b) initiated by the Data Controller to whom we provide services under contract. If we provide personal information to affiliate third-parties, it is for the sole purpose of completing service activities defined to the customer (data subject). Those third-parties agree and are contractually obligated to provide the same personal information safeguards and controls that we provide to our customers and data controllers.

Our customers access our service from device web browsers. We do not use cookies, web beacons or other similar technologies to capture personal information and our service respects Do Not Track (DNT) requests. HOWEVER, our customers should assess their use of other account and application usage that may provide personal information access to the browser utilized.

We retain customer (data subject) Personal Data under the following policy:

Data Subject Rights:

We recognize and support customer (data subject) rights in accordance with Data Protection Laws. Our customers can request the following by submitting a service request to our Support Site at support.3PointData.com or by contacting our support organization via email at Support@3PointData.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Legal@3PointData.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our Copyright Agent via email at Legal@3PointData.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of 3POINTDATA, INC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 3POINTDATA, INC..

Our Service may contain links to third party web sites or services that are not owned or controlled by 3POINTDATA, INC..

3POINTDATA, INC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that 3POINTDATA, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless 3POINTDATA, INC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall 3POINTDATA, INC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

3POINTDATA, INC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at Legal@3PointData.com

Privacy Policy

Last updated: April 18, 2018

3POINTDATA, INC. ("us", "we", or "our") operates the 3PointData Inc., Services (the "Service"). This Privacy Policy as an integrated part of our Terms and Conditions.

Definitions

"Customer Account Data" means the personal information of any entity and its employees or affiliates (a Data Controller) for whom we contractually provide service as a Data Processor.

"Data Controller" means the entity which determines the purposes and means of the Processing of your Personal Data. If applicable, the Data Controller owns the contractual responsibilities with you, and is in an affiliate role with Us as the Data Processor.

"Data Processor" means a third party affiliate to the Data Controller which carries out or executes the purposes and means of the Processing of your Personal Data under the direction and authority of the Data Controller.

"Data Protection Laws" means all laws and regulations, including laws and binding regulations of the countries or formal groups of countries to whose data subjects we provide service - including but not limited to the United States of America, the European Union and their member states, the United Kingdom - as applicable to the Processing of Personal Data under the Agreement.

"Data Subject" means the identified or identifiable person to whom Personal Data relates.

"Personal Data" means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, to the extent that such information is protected as personal data under applicable Data Protection Laws and is submitted by our customer or our Data Controller affiliates, as Customer Data. This page informs you of our policies regarding the collection, use and disclosure of Personal Data when you use our Service.

The Basics:

This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms and Conditions.

We will not use or share your Personal Data with anyone except to enable the delivery of our Service and as described in this Privacy Policy.

We use your Personal Data for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

Broadly speaking, we use Customer Account Data to further our legitimate interests to:

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information ("Personal Data"). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your service related operational needs, and improving our services. We may promote use of our Service by sending your informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email. We may also use your Personal Data to contact you regarding service fees you owe us.

Log Data

We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information. See the section on Service Providers below.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.

Do Not Track Disclosure

We support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

Data Protection Laws Cooperation

We process Personal Data in accordance with applicable Data Protection Laws of the jurisdictions in which our customers reside. In circumstances when we serve as an affiliate Data Processor, under contractual agreement, to a Data Controller, we shall provide the Data Controller with reasonable cooperation and assistance needed to fulfil the Data Controller's obligation under the applicable Data Protection Laws to carry out a data protection impact assessment related to the Data Controller's use of our Service, to the extent the Data Controller does not otherwise have access to the relevant information, and to the extent such information is available to us. We shall provide reasonable assistance to the Data Controller in the cooperation or prior consultation with the applicable supervisory authority, to the extent required under applicable Data Protection Laws.

Compliance With Laws

We will disclose your Personal Data where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Security

The security of your Personal Data is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Data we have collected from you.

Our appointed security officer ensures that we comply with applicable Data Protection Laws and ensures that policies and procedures exist, and the proper controls are in place and monitored to secure the confidentiality, Integrity, and availability of Personal Data.

Customer Data Incident Management and Notification

We maintain security incident management policies and procedures. We shall notify Customer and appropriate data protection agencies, in accordance with applicable data protection laws of any breach relating to Personal Data of which we become aware and which may require a notification to be made. We shall provide commercially reasonable cooperation and assistance in identifying the cause of such incident and take commercially reasonable steps to remediate the cause to the extent the remediation is within our control. The obligations herein shall not apply to incidents that are caused by Customer, Authorized Users and/or any products other than our own.

International Transfer

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws so allow, and may differ from those of your jurisdiction.

Your consent to this Privacy Policy followed by your submission of Personal Data represents your agreement to that transfer.

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 ("Children").

We do not knowingly collect personally identifiable information directly from children under 13. Some aspects of our Service provide for Personal Data collection for children under 13 by the parent or guardian only. If you are a parent or guardian and you learn that your Children have, without authorization, provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

This Privacy Policy is effective as of December 19, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Contact Us

If you have any questions about this Privacy Policy, please contact us at Legal@3PointData.com