Terms of Service
Last Modified: May 3, 2022
Thank you for using CaptureProof®. The Service that CaptureProof, Inc. provides to you is subject to the following Terms of Service ("Terms").
These Terms constitute a legal agreement between you and CaptureProof, Inc. and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate ("CaptureProof", "we", "our" or "us"). As used in these Terms, the words "you" and "your" refer to you, the user of the CaptureProof Service. The use of the word "including" in these Terms is used to refer to specific examples and will be construed to mean "including, without limitation" or "including, but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms apply to the CaptureProof website and mobile applications (the "Site") and the asynchronous telemedicine communication service we offer on the Site (together with the Site, the "Service"). These Terms govern your access to and use of the Service, so please carefully read them before using the Service.
By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
The following is a brief summary of these Terms:
- The Terms describe your rights and responsibilities in connection with your use of the Service.
- As between CaptureProof and you, you own any content you post to the Service.
- We will only use your content to the extent necessary to provide you with the Service.
- Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.
PRIVACY AND SECURITY PROTECTIONS
CaptureProof is committed to compliance with all privacy and security laws and regulations that apply to the provision of the Service to you. Such laws and regulations vary from country to country. The Terms apply to both national and international customers except to the extent otherwise noted or as required by applicable law.
CaptureProof also complies with applicable international laws and regulations regarding the collection, use, and retention of personal information. CaptureProof's policies and procedures have been adopted been in furtherance of its efforts to comply with the principles set forth in privacy laws and regulations including, for example, the EU General Data Protection Regulation ("GDPR") requirements.
ACCEPTANCE OF TERMS
If you don't agree to these Terms, do not use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms at the time of such use. It is your responsibility to review these Terms from time to time for any changes. If you use the Service after we have changed any of the Terms, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.
You may not accept these Terms if you are not authorized by applicable law to form a binding contract with CaptureProof for the Service.
If you accept these Terms, you represent that you have the legal authority to form a contract with CaptureProof and be bound by these Terms.
Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
HEALTH CARE PROVIDER-PATIENT RELATIONSHIP TERMS
The Service may be used as a tool to facilitate the creation of a patient’s personal visual health record and/or facilitate secure visual and text asynchronous communication between a medical patient and his or her existing team of Health Care Providers. By accepting the Terms, the patient and Health Care Provider agree to this.
For purposes of sharing medical information between a patient user of the Service and a Health Care Provider user of the Service, a Health Care Provider-patient relationship is established when one of the following conditions is met:
- A patient user sends a request via the Service to connect to a Health Care Provider and it is accepted by the Health Care Provider.
- A Health Care Provider adds a patient to the Health Care Provider's CaptureProof account, with or without connecting to the patient.
- A patient user uses an invite code their Health Care Provider has shared with them to create their account.
The Health Care Provider-patient relationship remains in effect until one of the following conditions is met:
- A patient user terminates the connection to the Health Care Provider.
- Either the patient or the Health Care Provider terminates his or her CaptureProof account.
Once data is shared with the Health Care Provider, it will remain shared with the Health Care Provider. Terminating the connection will prevent the Health Care Provider from having access to any subsequent data uploaded and/or shared by the patient.
You agree never to use the Service for urgent matters. If you experience any adverse reactions or your medical condition worsens, or for any other urgent matters, you understand that it is your responsibility to seek emergency care immediately.
If at any time you are concerned about your, or your child's, care or the treatment prescribed by a healthcare provider through the Service, or you believe or someone else advises you that you or your child has or suspect that you or your child has a serious or life-threatening condition, call 911 in areas in which that service is available, or go to the nearest emergency room or open clinic.
USER AGREEMENT TO USE AND SHARING
You authorize CaptureProof to use the information contained in your CaptureProof profile to provide the Service and to share this information, in part or in its entirety, with those entities and individuals you designate. You understand that the designated individuals may share your health information with colleagues for the purpose of your treatment.
USER AGREEMENT TO USE and SHARING - MINOR PATIENT
If the patient is under the age of 18, in order to use the Service, you must be authorized by applicable law to agree to use of the Service and sharing of the minor's information. Generally, a parent or legal guardian may create a Profile for a child and grant others access to the data unless prohibited by applicable law. In certain limited circumstances, minors may be legally entitled to act on their own behalf and may be legally authorized to create their own Profile and grant others access to the data. By accepting the Terms, you are representing that you have the legal authority to form a contract with CaptureProof for the use and sharing of information pertaining to a minor patient. Once an account is created by an individual with legal authority to do so, a minor between the age of 13 and 17 may use the Service to access their Profile. U.S. federal law prohibits web site and internet service operators from collecting personal information from minors under age 13 without their parent or guardian's knowledge and consent. A parent or guardian who becomes aware that his or her child under the age of 13 has provided us with personally identifying information without their consent, should contact us at firstname.lastname@example.org. If we become aware that a child under the age of 13 has provided us with personally identifying information without consent of a parent or guardian, we will take steps to delete such information from our files.
This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your Health Care Provider or other qualified Health Care Provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.
It is the responsibility of the patient to follow the advice of their Health Care Provider and arrange any and all follow up in-office or online communication that is requested by the Health Care Provider. If a follow up appointment is requested and the patient does not either schedule or maintain the appointment, or even if the patient does follow up, CaptureProof is not liable for any delay in diagnosis or treatment.
Files and other content in the Service may be protected by intellectual property rights of others. You agree not to copy, upload, download, or share files unless you have the right to do so. You, not CaptureProof, will be fully responsible and liable for what you share, upload or otherwise use while using the Service. You will not upload spyware or any other malicious software to the Service.
We do not claim ownership of the content you submit through the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available through the Service. While we assume no responsibility to monitor content that you and others make available, we retain the right to remove any content at our discretion.
MEMBER ACCOUNT, PASSWORD AND SECURITY
The Service requires you to register by creating a user account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This means that you may not set up an account using someone else's name or contact information, unless you are a parent or legal guardian authorized to set up and maintain an account for a child, and in no event may you set up an account using a phony name or phony contact information. You also will be required to choose a password and/or a PIN. You are entirely responsible for safeguarding your password, PIN, and account, and you agree not to disclose your login information to any third party. In connection with the registration process, you may be asked to acknowledge your acceptance to the Terms of the Service by electronic signature which will be authenticated by your use of your unique user name and password and which will be electronically date and time stamped on the date and at the time your electronic signature is made.
Furthermore, you are entirely responsible for any and all activities that occur under your account, whether or not you authorized that activity. You agree to notify CaptureProof immediately of any unauthorized use of your account or any other breach of security, by sending an email to email@example.com.
CaptureProof will not be liable for any loss that you may incur as a result of someone else using your password, PIN or account, either with or without your knowledge. However, you could be held liable for losses incurred by CaptureProof or another party due to someone else using your account, PIN or password. You may not use anyone else's account at any time, without the permission of the account holder. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account. If your account is terminated, we will permanently delete your data from our servers to the extent feasible. We have no obligation to return data to you after your account is terminated unless otherwise specified or otherwise required by applicable law.
It is your duty to provide true, accurate, current and complete personal information, including your current contact information and medical records as necessary for us to provide the Service to you.
You must not make any misrepresentations in the information you provide to CaptureProof or your team of Health Care Providers. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate.
Your communication is also governed by the Acceptable Use Policy, which governs the acceptable use of the Site and the Service.
You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms except as otherwise required by applicable law.
PAYMENT OF FEES
Patient users are not charged any fees by CaptureProof for the use of the CaptureProof Platform. In certain circumstances, a patient's healthcare provider may bill for a healthcare service provided to a patient using the CaptureProof Platform and a patient may be responsible for payment. This may include payment of applicable insurance co-payments and deductibles to the healthcare provider. By connecting to a healthcare provider on the CaptureProof Platform, the patient consents to allow their healthcare provider to use the Platform to provide and bill for such healthcare services.
HEALTH CARE PROVIDER:
By accessing or using the services you, the health care provider, medical practice or institution, agree that your credit card will be billed on a monthly basis. If you are agreeing to the terms and conditions of the CaptureProof, Inc. pricing policy described herein, during registration you will have the opportunity to input a credit card. If your fees are covered by another entity contact CaptureProof directly at firstname.lastname@example.org to confirm this agreement. If an invoice is needed instead of a credit card this will have to be arranged with the company itself and services fees will apply.
Payment through Account: Credit/Debit Card.
- Payment accepted via credit/debit card. CaptureProof accepts payment via a valid credit or debit card. Fees are due and payable in advance and are automatically charged to your credit card on the first day of each 30 day billing cycle. Fees paid for licenses are non-refundable. If your Practice Account has been suspended for non-payment, it will only be reactivated upon payment, in full, of all overdue fees. Your Practice Account will not be activated or reactivated without prior payment. Incomplete or incorrect account information may result in cancellation of your license and inactivation of your account. Your first month’s prepayment (prorated based on the date your license is activated) and the following month will be charged upon activation and you will otherwise be billed on the first day of each month. Please contact email@example.com for information on other billing methods available.
- Billing Information. Customer represents that it has provided Company with current, complete and accurate information for Practice Account. Customer will promptly update all information to keep Practice Account information current, complete and accurate (such as a change in billing address, card number or expiration date), and will promptly notify the Company if your chosen Payment Method is canceled (including if you lose your credit or debit card or it is stolen). The Administrator for Practice Account may make changes to such information on the "Virtual CaptureProof Office" on the Website. Charges for the Service are processed by Stripe or another third party provider. In such case, you hereby authorize the Company to charge your chosen payment provider (e.g., MasterCard, Visa, American Express) for the Service. You may change the Payment Method by logging into your account and going into your account settings. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If Customer initiates a chargeback or otherwise reverses a payment, the Company may, in its sole discretion, terminate Customer’s Account and any of its Authorized Users’ Accounts immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, Customer is not entitled to a refund or to have the Practice Account or License reinstated. If the Company does not receive payment from your Payment Method provider, you are still responsible for making the payment due and Customer agrees to pay all amounts due upon demand. If you fail to make a timely payment, as provided above, the Company may terminate or suspend the Practice Account and all Authorized Users’ Accounts and continue to attempt to charge your Payment Method provider until payment is received. Customer specifically authorizes the Company to obtain updated or replacement expiration dates and card numbers for the credit or debit card as provided by the credit or debit card issuer. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay. For more information visit https://stripe.com/us/terms and https://stripe.com/us/privacy. Company reserves the right to change its third party billing provider at any time without notice to Customer.
- B. If Customer upgrades and/or increases users on the Practice Account (a “License Upgrade”), any incremental License Charges associated with such License Upgrade will be prorated over the remaining period of Your then current License Term, charged to the Practice Account. In any future License Term, Customer’s Subscription Charges will reflect any such Practice Account License Upgrade.
- C. Payment Termination. In the event you decide to terminate your service, you simply need to notify us at least five (5) days prior to the end of the current billing and your account will be shut down at the end of the billing period; otherwise, the services will terminate at the end of the following period. All prepaid monthly fees are non-refundable and will not be prorated.
- D. Lawful Use. It is a violation of law for you to misuse or fraudulently use credit and debit cards. CaptureProof will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.
- E. Problematic Transactions. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify CaptureProof immediately so that CaptureProof may take action to attempt to prevent financial loss or other loss.
- F. Billing Discrepancies. Your right to raise billing discrepancies and any associated recovery is waived unless reported to CaptureProof at firstname.lastname@example.org within sixty (60) calendar days after such discrepancy is discovered.
We may revise these Terms from time to time and the most current version will always be posted on our website. We may communicate revisions to these Terms to you via email to the email address associated with your account or via notices displayed on the Site. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
MISCELLANEOUS LEGAL TERMS
These Terms, including the incorporated policies and together with any additional terms and conditions as indicated on the Site or via the Service, constitute the entire and exclusive agreement between you and CaptureProof with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third party beneficiary rights. CaptureProof’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void except as otherwise required by applicable law, but CaptureProof may assign its rights without restriction. CaptureProof and you are not legal partners or agents; instead, our relationship is that of independent contractors.
These terms do not grant you any right, title, or interest in the Service, Site, or the content in the Service (other than your personal information and any other content you post to the Service). The Software and other technology we use to provide the Service are protected by applicable intellectual property and other laws.
If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to CaptureProof all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you.
All brand, product and service names and other brand features used in the Service that identify CaptureProof or the Service are the trademarks or service marks of CaptureProof or its licensors. Nothing in the Service or these Terms shall be deemed to confer on any person any license or right on the part of CaptureProof or any licensor with respect to any such brand features.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. CaptureProof AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CaptureProof AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND CaptureProof SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE, OR FOR ANY OTHER LOSSES YOU MAY INCUR, RESULTING FROM YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) IN NO EVENT WILL CaptureProof, OR ITS AFFILIATES, DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CaptureProof HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) CaptureProof's TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL IN NO EVENT EXCEED $100.
You agree to indemnify, defend, and hold harmless CaptureProof, its affiliates and their respective directors, officers, employees and agents from and against any losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of any claims, actions, suits or proceedings related to your use of the Service, your violation of these Terms or of any rights of any third party, or any content or other information you submit to the Service. Your indemnification obligation will survive the termination of these Terms and your use of the Service.
TERMINATION AND SUSPENSION
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems, or in the event you engage in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability as allowed by applicable law. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that CaptureProof, in its sole discretion, may elect to take. Under no circumstances will CaptureProof be held liable for any damages due to such interruptions or lack of availability.
GOVERNING LAW AND DISPUTE RESOLUTION
Except as otherwise required by applicable international law, these Terms are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts.
You agree that if you want to bring a legal claim against us under these Terms, you must file your claim lawsuit within one year after the date on which you discovered or reasonably should have discovered the event that gave rise to your claim.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND CaptureProof SPECIFICALLY AGREE TO DO SO IN WRITING.
If you do not wish to be bound by the foregoing class-action waiver, you must notify CaptureProof in writing within 30 days of the date that you accept these Terms. Your written notification must be mailed to: CaptureProof, Inc., ATTN: legal 611 S. Gateway Blvd, Ste 120 South San Francisco, CA 94080.
Notices to you may be sent via email or provided through links displayed on the Site. You understand and agree that notices and other information ("Communications") may be provided by CaptureProof to you by electronic means (i.e., via email or by posting the information on the Site). The categories of Communications that may be provided by electronic means include:
- These Terms and any amendments, modifications, or supplements;
- Any breach notifications, as required under HIPAA or other applicable law;
- Disclosures or notices provided in connection with the Service, including any required by federal or state or international law (including initial disclosures, periodic statements, initial and revised privacy notices; opt-out notices and change-in-terms notices);
- Any other communication related to the Service.
All Communications will be deemed to have been received by you after it is posted on the site for 5 days, whether or not you have retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by CaptureProof’s email server to your email address, whether or not your receive it. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with CaptureProof if your email address changes so that CaptureProof may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, CaptureProof will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms or the Communications electronically, you may not use the Service.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account, but a return data-handling fee may apply as allowed by law.
APPLE INC. APP STORE
The terms of this Agreement (“Terms”) apply to your use of the Service, including iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
End-User License Agreement (EULA)
- Both you and CaptureProof acknowledge that the Terms are concluded between you and CaptureProof only, and not with Apple, and that Apple is not responsible for the Application or the Content.
- The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon notification, Apple’s sole warranty obligation to you will be to refund you the purchase price, if any, of the Application;
- You acknowledge and agree that CaptureProof, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, CaptureProof and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and CaptureProof acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and CaptureProof acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
To the extent that the additional terms of the End-User License Agreement conflict with the Terms, the EULA shall control with respect to your use of the Service via the Application.
If you would like to contact us to provide feedback, comments or requests for technical support, and/or complaints or claim with respect to the EULA, you should contact us through our customer support department at email@example.com or call our support line at +1.415.691.7615.
If you have privacy questions or concerns, you should contact us at firstname.lastname@example.org.
If you have data security questions or concerns, you should contact us at email@example.com.
Last Modified: May 3, 2022
Many people use CaptureProof, and we are proud of the trust placed in us. In exchange, we expect you to use the CaptureProof services (the "Service") responsibly.
As a CaptureProof account holder you agree to comply with this Acceptable Use Policy (this "Policy") and will be liable for all activities and content you post and for violation of this Policy.
You agree not to misuse the Service. For example, you must not, and must not attempt to, use the Service to do any of the following:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-shared areas of the Service, shared areas of the Service you have not been invited to, or CaptureProof’s (or our service providers’) computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- plant malware or otherwise use the Services to distribute malware;
- access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- capture any screenshots or recordings of any part of the site;
- use any dictation service/feature on your mobile device to verbally communicate any Protected Health Information;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- publish or share materials that are unlawfully pornographic, obscene or indecent, or that advocate bigotry, religious, racial or ethnic hatred or gratuitous violence;
- violate any applicable local or federal law in any way, or violate the privacy rights of others, or defame others;
- misrepresent the source of anything you post, including impersonation of another individual or entity;
- provide or create links to external sites that violate this Policy;
- include content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents;
- harm or exploit minors in any way;
- invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their foreknowledge and willing consent;
- threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or incite or encourage anyone else to do so; or
- attempt to impersonate a CaptureProof employee, agent, manager, host, administrator, another user, or any other person through any means.
CaptureProof is not responsible for the content or activities in any CaptureProof profile. The decision to share or create content is yours. We advise you to use your judgment.
CaptureProof reserves the right to amend or change this Acceptable Use Policy at any time. CaptureProof may place a special notice on the CaptureProof website, update the date of this Acceptable Use Policy, or communicate significant changes by email. Your continued use of the Service following such notification constitutes your acceptance of any such changes. We encourage you to periodically review this Acceptable Use Policy to ensure you are in compliance.
Some information you provide or upload to the Service may be stored outside of the country in which you reside.
All activity on the Service is also governed by the CaptureProof Terms of Service.
REPORT VIOLATIONS OF THIS POLICY
If you see content that violates this Acceptable Use Policy, we encourage you to report it to CaptureProof for review. Please contact us at firstname.lastname@example.org.
Thank you for using CaptureProof and honoring this Acceptable Use Policy.
Last Modified: May 3, 2022
CaptureProof is HIPAA-compliant. We provide this overview so that you can better understand the security measures we've put in place to protect the information that you store using CaptureProof.
SECURE STORAGE + RESERVED INSTANCES
All data stored in our databases is symmetrically encrypted using AES 256 keys. Amazon Web Services stores data over several large-scale data centers. You can find more information about Amazon Web Services' security at the Amazon Web Services' website. Encryption keys are stored using further encryption.
Your files are sent from CaptureProof’s mobile and web apps to our servers over a secure channel using SSL encryption, the standard for secure Internet network connections.
User accounts are password protected. Upon successful entry of a unique username, password and authentication token, the user then gains access to his or her account.
YOUR DATA IS BACKED UP
CaptureProof and Amazon Web Services keep redundant backups of all data over multiple locations to prevent the remote possibility of data loss.
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
CaptureProof cooperates with law enforcement when it receives valid legal process, which may require CaptureProof to disclose information contained in your CaptureProof profile(s). In the case of being compelled to disclose information as above, CaptureProof will decrypt the data before providing them to law enforcement.
Our auditing process tracks all records that are created, deleted and modified. We also track activity on the site by users, such as, login, page view, viewing images, adding notes and other activity on the site by Patients and Medical Professionals.
REVISIONS OF THIS SECURITY POLICY
CaptureProof may revise and update this Security Policy at any time, without notice to you. We encourage you to periodically check the Site to see if there have been any changes to our Security Policy that may affect you.
CaptureProof is committed to resolving complaints about the security measures we use to protect your personal information. Individuals with inquiries or complaints regarding our Security policy should contact the CaptureProof Security Officer at:
CaptureProof's Security Officer can be contacted at:
c/o Security Officer, David Chasteen
611 S. Gateway Blvd, Ste 120
South San Francisco, CA 94080
United States of America
Last Modified: May 3, 2022
If you are from a country other than the United States, please refer to the International Privacy Law Policy.
The Service is a health records platform that allows Patients to gather, edit, add to, store, and share their protected health information online and to communicate and share that information with designated Medical Professionals. This Service also allows Medical Professionals to gather, edit, add to, store and share protected health information online related to the treatment of Patients and share that information with their Patients and other designated Medical Professionals.
When you use the Service, the Service collects identifying information about you (e.g., name and email address) as well as, if you are a Patient, your protected health information (e.g., photos, videos, notes, doctor communications, and health history), and, if you are a Medical Professional, your patient communications.
THE INFORMATION WE COLLECT
We may collect and store the following information when you use the Service:
When you register to create an account with the Service, we collect some information about you, such as your name, phone number and email address. If you are a Patient, we also collect information about your gender and date of birth. If you are a Medical Professional, we also may collect information about your medical credentials, such as your medical license number, degree, office number and specialty. We may also collect information Patients choose to provide us regarding their designated Medical Professionals, such as their names and email addresses. Providing a profile picture is optional for both Patients and Medical Professionals.
PROTECTED HEALTH INFORMATION
If you are a Patient, when you use the Service, we collect health information that relates to (a) your past, present or future physical or mental health or condition, and (b) the provision of health care to you. This health information includes notes describing health conditions, communications with your medical clinician, photos of body parts or video of body movements and/or experiences, and any other information you upload to the Service. You can use the Service to enter a wide range of health information into a record. You can give others permission to view, and/or add information in a record. You cannot currently delete any photos, videos and/or chat from your account.
When you make payment for your use of the Service, we collect additional financial information as required to process those purchase transactions.
We also collect other information required to configure, use, and receive support for the Services, the time you visited, and browser type.
When you use the Service, we automatically record information, from the computer, mobile phone or other consumer electronic device you use to access the Service, that device's software, and your activity using the Service (collectively, "Analytics Information"). This may include the device's Internet Protocol ("IP") address, browser type, the web pages you visit on our website, information you search for on our website, locale preferences, identification numbers associated with your device, your mobile carrier, date and time stamps associated with transactions, system configuration information, captured metadata from photos and video concerning your uploaded health information, and other interactions with the Service.
We may use Analytics Information to monitor and analyze use of the Service, for the Service's technical administration, to increase the Service's functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
These data analytics companies may use the data collected to contextualize and personalize the ads of its own advertising network. You will have the option to accept or reject the use of your personal data by these data analytics companies for these purposes. You can opt-out of Google Analytics at: https://tools.google.com/dlpage/gaoptout?hl-en.
HOW WE USE THE INFORMATION WE COLLECT
The Service allows you to manage one health record, such as the ones you create for yourself or for your child(ren). You choose what information to put in your records. Examples of the types of information you can store in a record include:
- health history
How we use personally identifying information:
We use personally identifying information collected through the Service, including Patients' protected health information:
- to provide the Service
- to assemble Patients' health records
- to send you an email summarizing recent account activity
- to provide you with important information about the Service, including critical updates and notifications
- to send you the CaptureProof e-mail newsletter (unless you opt out)
- to connect your Profile on the Site to other Profiles that you choose
We may also ask you to participate in use surveys, questionnaires or polls, to facilitate feedback and input from our users. When you respond to surveys, questionnaires or polls, this information is collected only as anonymous, aggregated information and is used for statistical purposes only.
We may also use, or share with third parties, other non-personally identifying information in the aggregate for the purpose of improving the Service and for business and administrative purposes.
HOW THE SERVICE FACILITATES YOUR SHARING OF HEALTH INFORMATION:
A key purpose of the Service is to facilitate the sharing by Patients of health information with Medical Professionals that are designated members of the Patient's health care team. Patients can choose to share specific information (or all information) with a designated Medical Professional.
Patients can share protected health information with designated Medical Professionals once they have established a Medical Professional - Patient relationship as outlined in our Terms of Service. Once data is shared it will remain shared with the Medical Professional. Terminating the connection will prevent the Medical Professional from having access to any subsequent data uploaded and/or shared by the patient.
No Medical Professional who accepts a sharing invitation has the ability to use the Service to share a Patient's health information with third parties, the exception being that Medical Professionals can use or disclose protected health information, such as X-rays, laboratory and pathology reports, diagnoses, photos, videos, and other medical information for treatment, payment or health care operations purposes only without the patient's authorization. This includes sharing the information to consult with other providers, including providers who are not covered entities, to treat a different patient, or to refer the patient.
TO WHOM WE DISCLOSE THE INFORMATION WE COLLECT:
COMPLIANCE WITH LAWS AND LAW ENFORCEMENT REQUESTS; PROTECTION OF CaptureProof, INC.’S RIGHTS
We may disclose your personally identifying information to third parties when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of CaptureProof or its users; or (d) to protect CaptureProof's property rights. If we provide your personally identifying information to a law enforcement agency as set forth above, when legally required, we will remove CaptureProof's encryption from the files before providing them to law enforcement. However, we will not be able to decrypt any files that you encrypted prior to storing them on the Service.
If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your personally identifying information may be transferred as part of that transaction, but we will notify you of this transfer of your information (for example, via email and/or a prominent notice on the Site). We will also notify you of choices you may have regarding the transfer of your information
DISCLOSURE OF NON-PERSONALLY IDENTIFYING INFORMATION
We may disclose your non-personally identifying information to third parties as described above under "How we use aggregate non-personally identifying information." We do not sell, trade or rent your personal information to third parties.
HOW LONG WE KEEP YOUR PERSONALLY IDENTIFYING INFORMATION
You may review, update, correct or delete the personally identifying information provided in your registration or Profile by changing your Profile settings. If your personally identifiable information changes, or if you no longer desire to use the Service, you may update or delete it by making the change in your Profile settings. In some cases we may retain copies of your information if required by law.
HOW WE PROTECT YOUR PERSONAL INFORMATION
We follow generally accepted industry standards to protect your health information and other personally identifying information that we collect about you. We use firewall barriers, SSL 256-bit high-grade encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect user accounts and systems from unauthorized access. However, no method of transmission over the Internet or method of electronic storage is 100% secure.
PATIENT RIGHTS TO PROTECTED HEALTH INFORMATION (PHI):
You have a right to:
1. View your medical records. You can access your medical records that have been provided to CaptureProof within 30 days of your request to do so. You can view your medical records at any time by accessing your account online.
2. Inspect and copy your PHI. You must submit your request to inspect or copy your PHI online to CaptureProof. CaptureProof may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. CaptureProof may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, CaptureProof will inform you of the reason for the denial, and you may request a review of the denial.
3. Amend your PHI. If you believe your file is incomplete or incorrect, you can request that CaptureProof amend your PHI. CaptureProof may, under certain circumstances, deny your request. If that occurs, you have the right to submit a statement of disagreement for inclusion in your records.
4. Accounting and disclosures. You always have the decision whether or not to give permission for your PHI to be shared before it is used or shared. Your chosen health professionals that use the Service are prohibited from using or sharing your personally identifiable medical records for any purposes that are not part of normal, routine health care processes. You have the right to receive an accounting of all disclosures CaptureProof has made of your PHI. Accordingly, upon request made in a 12 month period, CaptureProof shall provide the patient, at no charge, with a copy of accounting of disclosures.
CaptureProof will provide you a notice that tells you how your PHI has been used and shared. This accounting will be provided without charge for the first request made in a 12-month period. Reasonable cost-based charges can be imposed to provide an additional accounting(s) if the request for the 2nd (3rd ...) accounting is within the 12 month period, as permitted by law.
5. Complaint. You may complain to CaptureProof and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated.
c/o Privacy Officer, Meghan Conroy
611 S. Gateway Blvd, Ste 120
South San Francisco, CA 94080
United States of America
The CaptureProof Privacy Officer also serves as the Grievance Officer with respect to individuals governed by the privacy laws of India.
PRIVACY SHIELD + GDPR POLICY
Last Modified: May 3, 2022
On July 16, 2020, the Court of Justice of the European Union issued a judgment declaring as “invalid” the European Commission’s Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-U.S. Privacy Shield. As a result of that decision, the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with EU data protection requirements when transferring personal data from the European Union to the United States.
On September 8, 2020 the Federal Data Protection and Information Commissioner (FDPIC) of Switzerland issued an opinion concluding that the Swiss-U.S. Privacy Shield Framework does not provide an adequate level of protection for data transfers from Switzerland to the United States pursuant to Switzerland’s Federal Act on Data Protection (FADP). As a result of that opinion, the Swiss-U.S. Privacy Shield Framework also appears to no longer be a valid mechanism to comply with the Swiss data protection requirements when transferring personal data from Switzerland to the United States.
As a result of these two decisions, CaptureProof will not renew its Privacy Shield certification.
International Privacy Law Policy
CaptureProof remains committed to data protection and to compliance with all applicable privacy laws including international laws such as the EU General Data Protection Regulation (GDPR) and the Swiss FADP. CaptureProof will work with entities to ensure compliance with these laws as applicable.
For example, when processing personal information or personal data pursuant to a contract with a controller, CaptureProof may utilize contractual clauses to ensure compliance with the GDPR or FADP requirements. Such contractual clauses would include: (a) the subject-matter and duration of the processing; (b) the nature and purpose of the processing; (d) the type of personal data and categories of data subjects; and (e) the obligations and rights of the controller. The contractual clauses would also stipulate that CaptureProof: (a) processes the personal data only on documented instructions from the controller unless otherwise required by applicable law; (b) ensures that persons authorized to process the personal data have agreed to treat the information confidentially; (c) takes appropriate security measures; (d) will not engage another third party processor (subcontractor) without prior specific or general written authorization from the controller; (e) will enter into a contract with any third party subcontractor requiring the subcontractor to provide the same protections imposed on CaptureProof; (f) will remain liable to the controller for the performance by subcontractors; (g) assists the controller in response to requests by data subjects seeking to exercise their rights insofar as possible given the nature of the processing; (h) assists the controller in ensuring compliance with security obligations insofar as possible given the nature or the processing and the information available to CaptureProof; (i) at the choice of controller, deletes or returns all personal data at the end of the provision of services unless otherwise required by law; and (j) makes information available to the controller to demonstrate compliance with the data protection law and as necessary for audits.
Last Modified: May 3, 2022
BUSINESS ASSOCIATE AGREEMENT POLICY
Last Modified: May 3, 2022
The Business Associate Agreement set forth below binds only Covered Entities, as defined in the Health Insurance Portablity and Accountability Act and implementing regulations ("HIPAA"), including Health Care Providers and the health care organization to which they belong. The Business Associate Agreement does not apply to Users who are patients.
Last Modified: May 3, 2022
1. WHAT IS A COOKIE?
A cookie is a text file which is stored in a dedicated area of your Device’s* storage space when you visit an online service. A cookie is able to identify the Device on which it is stored, until such cookie reaches its expiry date.
*”Device” means any electronic equipment (such as a computer, tablet or smartphone) that you use to browse a website, an application, an advertising content etc.
When you connect to our Website, we may, depending on your settings, use some cookies enabling us to recognize the web browser on your Device until said cookies expire. Cookies that we use are aimed at
2.1. Obtaining statistics; analyzing web traffic; and finding out how the various sections of our Website are used, thus enabling us to improve users’ experience of our Content.
2.2. Facilitating your browsing on our website, or providing you with online communication services that you may request during your visit, in order to:
2.2.1. Adjust the presentation of our website to the display preferences of your Device (language, screen definition, operating system, etc) depending on the hardware and software used by your Device.
2.2.2. Memorize some information you previously submitted when filling forms online (such as subscription or log-in to your account) or concerning products, services and/or information you had previously selected on our website (such as subscribed service, shopping bag content, etc)
2.2.3. Allow you to access some dedicated areas on our website such as your personal account, thanks to identifiers or other data you might have previously provided to us.
2.2.4. Ensure the security of our Website and services (such as when you have to re-log in to our services after a certain period of time).
3. THIRD-PARTY COOKIES
Third-party cookies are subject to third-party privacy policies. We hereby inform you about the purpose of these cookies and how you can manage them, to the extent we are aware thereof.
3.1. We may choose to include in our Website some third-party applications that provide you with the possibility to share content with third parties or to let other persons know you browsed our website. This is the case, for instance, of the “Like” and “Share” functionalities offered by social network platforms (“Facebook”, “Twitter”,etc) which we include on our Website.
Social networks which offer these functionalities may identify you even though you do not use these functionalities on our website. Indeed, such functionalities allow social network platforms to track information about your browsing on our Website whenever your social network account is active while browsing on our Website.
We do not control in any way how these social network platforms collect your personal data while you are browsing our Website. We invite you to read the privacy policies of these social networks to find out how they use the browsing information they collect through these buttons (including for advertising purposes). These privacy policies should provide you with information about how to manage your preferences on your social network accounts.
3.2. Our Website may contain third-party cookies (delivered by advertising agencies, analytics providers, etc.) enabling them to collect browsing information on your Devices, including information to measure the efficiency of our Search Engine Advertising campaigns.
4. YOUR CHOICE ABOUT COOKIES
4.1. You can set your browser to accept or reject cookies on your Device, either globally, or cookie by cookie. You can also set your browser so that cookies’ acceptance or rejection will be offered to you each time a cookie is about to be stored on your Device. For more information, please check section 4.4. below.
4.3. If you opt out of cookies on your Device, or if you delete existing cookies, this may affect your ability to access some functionality that is necessary to access some areas of our Website. Such is the case for content that requires your identification. Such is also the case if we or one of our business partners can no longer recognize your Device.
We cannot be held liable for any consequences resulting from the minimized access to our services as a result of cookies you previously deleted or rejected.
4.4. Each browser has its own cookie management system, as described in the “Help” menu of your browser, where you will be provided with all necessary information about how to set your preferences.
4.4.1. Google Chrome:
- Click the Chrome menu (three-dots symbol “…”) on the top right browser toolbar
- Select “Settings” then click “Advanced” at bottom of list
- In the "Privacy" section, click the “Content Settings ...” button.
- In the "Cookies" section, select your preferred options
4.4.2. Google Chrome on Android:
- Click on the upper right button
- Go to "Settings" then "Privacy + Security” menu
- Select your preferred option
- Go to "Safari" > "Preferences" in the menu bar
- Click on "Privacy" tab
- Select your preferred option
4.4.4. Safari on iOS:
- In the "Settings" app, go to "Safari" menu
- Scroll to bottom and click “Advanced” then “Website Data”
- Tap “Edit” in top right toolbar, then remove as preferred via red (-) minus icons
Go to "Files" > "Preferences"
- Click on "Privacy"
- Choose the “Advanced” tab, and then “Cookie” section
- Select your preferred option
4.4.6. Microsoft Edge:
- Click on more options (three-dots symbol “…”) on the top right corner of the browser
- Select “Settings” then click “View advanced settings”
- In the "Cookies" section, select your preferred option
4.4.7. Microsoft Internet Explorer:
- Go to "Tools" menu, then "Internet Options"
- Click on "Confidentiality"
- Select your preferred option
4.4.8. Mozilla Firefox:
Go to "Tools" then "Options" menu
Click on the "Privacy" settings
Select your preferred option on the "Cookie" menu