Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If You are under 18, please do not attempt to register for the Services or send any information about Yourself to us, including Your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If You believe that we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
You represent and warrant to Company that: (i) You are an individual (i.e., not a corporation or other entity) and You are of legal age to form a binding contract and You are at least 18 years or age or older; (ii) all registration information You submit is accurate and truthful; and (iii) You will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. If You link to the Website, Company may revoke Your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom You may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at Your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while You are not logged on to the Website, or that otherwise interfere with the proper working of, or place an unreasonable load on, the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with Your activity in connection with the Services.
The content (which includes any text, graphics images or other material contained, accessed or entered on the Website (“Content”)) on this Website is for educational/informational purposes only, and is not a substitute for medical advice, diagnosis or treatment provided by a qualified health care professional. Any communication between You and health care professionals on the Website or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Website, whether or not it is provided by a health care professional, is solely at Your own risk. You should always seek the advice of Your physician or health care professional for any questions You may have about Your own medical condition.
Note that offers made by user on services / procedures typically covered by dental or health insurance represent cash / self-pay prices. Insurance not valid.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, You understand and agree that Company is under no obligation to become involved. In the event that You have a dispute with one or more other users or third parties, You hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If You are a California resident, You shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing in or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: email@example.com.
No part of the Services and nothing contained in this Agreement is intended or shall be construed: (i) as a requirement, recommendation, endorsement, solicitation, or attempt to exert any influence in any manner upon You to purchase any items or services (including, without limitation, any procedures, opinions or other information) offered through the Company Services from any particular Service Provider; or (ii) to interfere with Your right to choose Your own health care provider, or with a Service Provider’s judgment regarding Your ordering of any items or health care services through the Services. Company undertakes no responsibility for, and expressly disclaims any liability or obligation for, determining the quality of the items or services offered through, or the Service Providers participating in, the Services. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION PROVIDED BY A SERVICE PROVIDER. Services are available for use only as offered by Company at the Website. You agree to use the Services at the Website and not through any other means. You further agree not to create or provide any other means through which the Services may be used by others, as through server emulators. acknowledge that You do not have the right to create, publish, distribute, reverse engineer, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any of the Content or any of the rights relating to such Content. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
Effective: April 20, 2015
1. REPRESENTATIONS AND WARRANTIES (FOR PARTICIPATION IN ZENDYHEALTH MARKETPLACE). You represent and warrant as of the date You accept these Service Provider Terms, the date You offer a certain medical, dental, or cosmetic procedure (each a “Procedure”) over the Website (www.zendyhealth.com), and the date You perform a Procedure on a patient acquired over the Website that:
a. Each facility where You or Your Organization performs Procedures is (1) supervised by a
medical director who is a physician with a doctoral degree (M.D. or D.O.) granted by a
medical or osteopathic school and who is Board Certified by a recognized specialty
within the American Board of Medical Specialties (www.abms.org), American Board of
Laser Surgery, or by a recognized Certifying Board by the American Osteopathic
Association (www.osteopathic.org) (an “Accredited Physician”) or a recognized Board
approved by Company’s Medical Advisory Team, and (2) may include an on-site medical
professional who is an Accredited Physician.
For Dental-related Procedures: each facility where You or Your Organization performs Procedures is supervised by a dental director with a D.D.S. degree (a “Dental Director”).
b. Each Accredited Physician has a valid and current medical license from the State in
which Your facility is located, is in good standing, and meets all other legal requirements
necessary to supervise or perform Procedures.
For Dental Procedures, the Dental Director has a valid and current dental license from the State in which Your facility is located, is in good requirements necessary to supervise or perform Procedures.
At any time that You are no longer licensed, or otherwise permitted in a State to supervise or perform Procedures, You will immediately cease to use the Services and Website to perform Procedures in that State and shall notify Company of such restriction or cessation.
c. At least one of the Accredited Physicians / dental providers employed or contracted by You belongs to a recognized medical (or dental) society listed on the sign up form submitted by You to the Company. If the Accredited Physician belongs to an unlisted medical society, input the name for review and approval.
d. For Beauty / Cosmetic vertical: For each Procedure offered by You over the Website at any time, You have performed such Procedure at least the number of times as listed in Table 1 below in each of the preceding six (6) months, or for laser resurfacing, the preceding twelve (12) months.
e. You will be solely responsible for providing all equipment, supplies and services that are required for the performance of Procedures. All applicable products, devices and materials used by You in connection with a Procedure are approved or cleared by the U.S. Food and Drug Administration (FDA).
f. Anyone in Your Organization performing a Procedure is licensed, registered, or certified, and trained to perform such Procedure.
g. All information and documents provided by You to the Company are truthful, accurate and valid. It is Your sole responsibility to ensure that the contact and licensure information provided to the Company is current and accurate. This contact information includes, but is not limited to, [name, address, phone numbers, e-mail addresses, states and types of licensure, and account numbers . Changes to Your contact information can be made in the Profile section of the Website. You will promptly update and notify Company of any change in this information. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.
h. You represent and warrant that You will maintain the confidentiality of all User Personal Information and shall only use User Personal Information or the healthcare and personal information of other patients as permitted in this Agreement and consistent with state and federal privacy laws.
i. You have appropriate and current malpractice insurance coverage for the jurisdictions in which You practice and the Procedures offered by You, including but not limited to professional liability insurance with minimum coverages of $1,000,000 per claim and $3,000,000 aggregate. In addition, this malpractice coverage applies to any providers within Your Organization who will provide Procedures as listed on the Website.
j. Your performance of such Procedure conforms to the specifications defined by the Company (see Procedures’ descriptions on Website).
k. Procedures matched through the Company that are cosmetic are not customarily covered by health / dental insurance. Offers made in Company’s marketplace are cash or self-pay prices outside of health or dental insurance.
|PROCEDURE||MINIMUM NUMBER OF PROCEDURES PERFORMED|
|LASER NAIL FUNGUS REDUCTION||1 PER MONTH|
|INJECTABLES (INCLUDES NEUROMODULATORS (e.g. Botox) AND FILLERS)||5 PER MONTH|
|IPL / PHOTOFACIAL||1 PER MONTH|
|LASER RESURFACING||5 PER YEAR|
|ULTHERAPY||1 PER MONTH|
|MICRODERMABRASION||1 PER MONTH|
|LASER HAIR REDUCTION||5 PER MONTH|
|NONSURGICAL BODY SCULPTING (VELASHAPE, ACCENT, VIORA, EXILIS, ETC.)||1 PER MONTH|
|LIPOSONIX / COOLSCULPTING||1 PER MONTH|
|ACNE TREATMENT (ISOLAZ)||1 PER MONTH|
|VEIN TREATMENT (LASER VEIN TREATMENT AND/ OR SCLEROTHERAPY)||1 PER MONTH|
2. PROCEDURE AND PAYMENT. By accepting a User’s Open Offer You are creating a binding agreement to perform the Procedure set forth in such Open Offer (as long as the customer is medically eligible for the relevant Procedure). Upon performing a Procedure in a Matched Offer, You shall provide, if asked, written confirmation to Company through the Services that You have performed such Procedure. You agree that You shall charge a customer (“User”) the Offer price indicated by You for the Procedure performed in such Matched Offer and that the Company may charge or retain a Service Fee paid by the User for such Matched Offer as a standard fee for services provided to the User by Company. Some procedures may or may not have a Service Fee, or the fee may be reduced or eliminated as a result of a Company promotion from time-to-time. Company reserves the right to change the amount of the Service Fee at any time (effective for any Matched Offers after such change) upon notice to You, which may be sent by email or posted on the Website.
3. INELIGIBLE PATIENT
a. Notwithstanding anything in the General Terms or this Agreement to the contrary, if an Accredited Physician / dental provider on Your staff or Your Organization’s staff determines that a User is not medically eligible for the Procedure he or she has selected through the Website (an “Ineligible Patient”) and neither the Procedure nor a substitute Procedure is performed, then You are obligated to (i) provide Company with a letter from an Accredited Physician / dental provider on Your staff or Your Organization’s staff confirming that such User is not medically eligible for such Procedure within two (2) business days of Your consultation with such User, [(ii) procure from such User and provide to Company within two (2) business days of Your consultation with the User a copy of the Company’s signed release form, which can be sent to You upon request, whereby the User agrees that You may, upon Company’s request, release to a third party physician / dental provider appointed by the Company all medical details and information that support the fact that such User is not eligible for the Procedure. You agree to keep all materials associated with an Ineligible Patient for one (1) year.
b. You acknowledge and agree that Company may appoint a physician (or dentist / oral surgeon / specialized dental provider) to audit Your patient records, during normal business hours upon three (3) days’ notice to You, to ensure that You have properly designated an Ineligible Patient as ineligible. If, in such provider’s reasonable opinion, Your medical records fail to support that an Ineligible Patient was medically ineligible for his or her applicable Procedure, You shall pay to the Company the amount of the Service Fee that should have been paid by the User and the reasonable costs associated with such physician’s audit. Such payment shall be in addition to any remedies that may be available under these Service Provider Terms, the General Terms, or at law. (A User will not be able to obtain his or her Service Fee (if applicable) refund without appropriate documentation of ineligibility. Additionally, if recurrent determinations of ineligibility occur without appropriate documentation and reason, Company reserves the right to remove You from the Website and cease providing access to our Services.)
4. CANCELLATION. If a User cancels a Matched Offer through the Website, we will notify You within twenty-four (24) hours of such cancellation. You acknowledge and agree that neither Company nor the User who made such cancellation has any obligation to You (including but not limited to any payment obligations) relating to the Procedure associated with such cancellation. If a User cancels a Matched Offer, You represent and warrant that if You agree to perform the Procedure associated with such Matched Offer on such User within two (2) years after the date of cancellation (other than through a subsequent Matched Offer) (the “Cancellation Restriction”), You will require the User to immediately pay the Company the applicable Service Fee and will confirm with the Company that it has been paid before You perform the Procedure. You acknowledge and agree that we may audit You and Your records (or designate a third party to do so) for compliance with this Section 4.
5. VALUE OF MATCHED OFFERS. If You do not perform a Procedure in a User’s Matched Offer, and You agree to perform a separate Procedure for a User in lieu of the Procedure in a User’s Matched Offer, then You agree that You will notify the Company of the separate Procedure and, if informed by the Company that the Service Fee has been refunded to the User, You will require the User to immediately pay the Company the applicable Service Fee and will confirm with the Company that it has been paid before You perform the Procedure.
6. MATCHED OFFER PROCEDURES. Payment from a User for a Matched Offer is inclusive of the consultation for the associated Procedure, the performance of the associated Procedure, any facility fees and any tax associated with such consultation or Procedure. You shall not charge Users any additional amount in connection with the performance of the Procedure to which such User’s Matched Offer relates. Notwithstanding the foregoing, You may, at Your discretion, charge a reasonable and customary rescheduling fee if a User cannot attend the originally scheduled appointment. For the avoidance of doubt, other than the Cancellation Restriction, nothing in these Service Provider Terms or the General Terms restricts You from selling Procedures or services to any User in addition to the Procedure associated with such User’s Matched Offer.
7. INDEMNIFICATION. In addition to any of Your indemnification obligations under the General Terms, You will indemnify, hold harmless and defend Company, its parents, subsidiaries, affiliates, officers, and employees from any claim, loss, damage, expense, settlement or demand (including, without limitation, costs and attorneys’ fees) (a) made by any third party due to or arising out of Your performance or nonperformance of any Procedures or other services (including, but not limited to, Your failure to perform any Procedure) to, and/or clinical outcomes associated with, a User of the Website, (b) arising from Your breach of the Service Provider Terms or General Terms, (c) any claim for state sales or use tax obligations arising from the sale and/or performance of a Procedure, or (d) any claim by any local, state or federal government entity for unredeemed Matched Offers or unredeemed cash values of Matched Offers or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest (“Unclaimed Property Claims”).
9. ADDITIONAL SERVICE PROVIDER RESPONSIBILITIES. You acknowledge and agree that in connection with any Procedure performed for a User whose Open Offer You accept You will (a) provide each User whose Open Offer You accept with all relevant pre-procedure and post- procedure information, instruction, and/or advice; (b) contact such User prior to any Procedure to disclose any pre-procedure instructions; and (c) prior to performing any Procedure, provide such User with the risks of any Procedure as well as any applicable alternatives to such Procedure.
10. GOOD STANDING AND DIRECTORY LISTING: A Service Provider may have a listing within the ZendyHealth platform subject to the policies of the Company. Company maintains its rights to deny, suspend activity, or entirely remove a Service Provider listing should the Service Provider no longer maintain good standing within licensing agencies or Boards. Additionally, these actions may be taken should Company believe that a Service Provider has misreported or misrepresented his or her qualifications, credentials, memberships, etc., or if there is any action by the Service Provider that violates Company guidelines.
11. LIMITATION OF LIABILITY. The following term shall apply to the Company’s limitation of
liability with respect to Your use of the Services as a Service Provider:
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THESE SERVICE PROVIDER TERMS OR THE GENERAL TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR LOSS OF PROFITS, DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES, WHETHER CAUSED BY COMPANY OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING; OR (III) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN NO EVENT SHALL COMPANY LIABILITY UNDER THIS AGREEMENT EXCEED IN THE AGGREGATE THE GREATER OF $100 OR TRANSACTION FEES RETAINED BY THE COMPANY FOR PROCEDURES TO BE PERFORMED BY YOU DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You acknowledge that Company is not a health care provider, licensed or otherwise. Company cannot and will not assume responsibility for or control over the care of any User, which shall, at all times remain Your responsibility. Company will not be responsible for the assignment of staff to treat Users or any other activity that involves the practice of medicine or the provision of health care services.
You acknowledge and agree that Company is not responsible for (i) the accuracy, reliability, timeliness, or completeness of Your information available on the Website, User Personal Information, other data provided by User, or any other data or information provided or received through the Website or the Services, (ii) the results that may be obtained from the use of the Website or the Services, (iii) the provision of Your services as a result of Your reliance on any User Personal Information or other data provided by User through the Website or the Services, or (iv) the cancelling or rescheduling of any appointment booked through the Website or the Services by any User.
Except as otherwise expressly provided herein, Your use of the Services is at Your own risk.
13. NO INDUCEMENT. This Agreement has been negotiated in good faith through arms’ length negotiations. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or services, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with a User’s right to choose his or her own health care provider, or with a provider’s judgment regarding the ordering of any items or health care services.
14. INDEPENDENT CONTRACTORS. The relationship of the parties shall be that of independent contractors. Any of Your employees, servants, subcontractors or agents who are assigned to provide Procedures under this Agreement shall remain at all times under Your exclusive direction and control and shall not be deemed to be employees, servants, subcontractors or agents of Company. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
15. BUSINESS ASSOCIATES AGREEMENT: As we adhere to HIPAA compliance, our Business Associates Agreement is available for download here. Please review, sign, and return to firstname.lastname@example.org. Note that email is the primary method of communication used by ZendyPlace.
Effective: April 15, 2015
A. Information You Provide to Us: We receive and store any information you knowingly provide
to us. For example, we collect Personal Information such as your name, email address,
age/birthdate, and gender, and browser information. You can choose not to provide us with
certain information, but then you may not be able to register with us or to take advantage
of some of our features. Further, if you make an offer for a service or procedure to be
provided by a Service Provider, any personal information you have submitted over the Website
may be disclosed to such Service Provider after your Open Offer has been matched through the
Website. We may also anonymize your Personal Information so that you cannot be individually
identified, and provide that information to our partners.
You may also request information directly from a specific health care professional by submitting an inquiry through their profile or inquiry form or from the consultation request feature. You understand these requests, including personally identifiable information, are made voluntarily. There is no guarantee that a health care professional will respond to any request submitted.
By submitting a consultation or quote request, you voluntarily provide the doctor’s office with your name, email address, telephone number and your comments/desired treatment, which is transmitted by Company to the doctor’s office. The information provided to the doctor’s office through the Consultation Request feature is not used by in any other manner other than transmitting that information to the Provider’s office. The Provider obviously may then contact you via the means of contact supplied.
By agreeing to receive promotions or by signing up for the Newsletter, you agree to receive promotions and other types of marketing emails from Company. You may unsubscribe at any time through the Unsubscribe feature on the emails.
B. Information Collected Automatically:
When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Website, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.
C. E-mail and Other Communications: We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, selecting the opt-out option in emails we send to you or by emailing email@example.com. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.
B. Affiliated Businesses and Third Party Websites We Do Not Control: In certain situations, businesses or third party websites we’re affiliated with may sell items or provide services to you through the Website (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Website profile or to automatically transmit information in your Website profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
C. Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
D. User Profiles and Submissions: Certain user profile information, including without limitation a user’s name, location, and any video or image content that such user has uploaded to the Website, may be displayed to other users to facilitate user interaction within the Website or address your request for Company’s services. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments. Additionally, if you sign into the Website through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Website, and such “friends,” if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.
E. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
F. Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
G. With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.
• You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
• You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by deleting your account through your customer portal a https://zendyhealth.com. Please note that some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Effective: October 1, 2013