Thank you for using PolicyManager Version 6! These terms of service and use (the “Terms”) govern your access to and use of PolicyManager Version 6 (“we” or “our”) web-based application and associated services (the “Services”). The Web Application you are using and how you are accessing it have been configured based on your organization’s contract (software licensing agreement) with PolicyMedical, Inc. The associated services are also based upon agreed to terms and conditions in your contract.
By using the PolicyManager Web Application and Services you agree to be bound by these Terms. If you are using the Web Application and Services on behalf of your organization, you are agreeing to these Terms and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” in this document will refer to the organization. Overall, your use of the Web Application is provided under a licensing agreement with your organization.
You may use the Web Application and Services only in compliance with these Terms and those in the licensing agreement. The Web Application may continue to change over time as we refine and add more features or activate additional modules based on your organization’s contract with PolicyMedical. Your access to the Web Application are governed by the contract that PolicyMedical has with your organization. We may stop, suspend, or modify the Web Application and Services at any time with or without prior notice to you, based on your organization’s compliance with the current contract in effect.
Your Information, Data, Documents & Your Privacy
By using our Web Application and Services you provide us with data, information, documents, and files that you submit to PolicyManager (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Web Application and provide support services, as explained below.
We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our feature sets within the Web Application, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services for your organization. This permission also extends to trusted third parties we work with to serve up and provide the Web Application and Services (for hosted environments only), for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your documents/files and folders, and your communications with others while using the Web Application and Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms when using the Web Application.
We may choose to review your public content for compliance with our community guidelines, for example when making it available in GRCExchange. However, you acknowledge that PolicyMedical has no obligation to monitor any documents/files and/or information on your organization’s Web Application. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access or work with using the Web Application for your organization.
Sharing Your Stuff
The Web Application provides features that allow you to share your stuff with others or to make it public through GRCExchange. This feature is only available to a user with specific privileges to do so in their profiles. GRCExchange users can make use of these shared information and documents (for example, copy it, modify it, re-share it) for their purposes. Please consider carefully what you choose to share or make public. PolicyMedical has no responsibility for that activity. We only screen content for appropriateness prior to releasing onto GRCExchange.
Documents/files and other content you use in the Web Application may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not PolicyMedical, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Web Application from PolicyMedical. You may not upload spyware or any other malicious software to the Web Application.
You, and not PolicyMedical, are responsible for maintaining all of your stuff within PolicyManager based on your access rights and privileges.
You are responsible for safeguarding the password that you use to access the Web Application and you agree not to disclose your password to any third party. You are responsible for any activity using your account login credentials, whether or not you authorized that activity. You should immediately notify your PolicyManager System Administrator at your organization or PolicyMedical of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to PolicyMedical, it is your responsibility to use a secure connection to communicate with the Web Application.
If your information related to your account changes, you must update it promptly and keep your information current.
Software and Updates
Some areas of our Web Application requires you to download a client third-party software package (“Software”). PolicyMedical hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the third-party software plug-ins, solely to use our Web Application. Your license to use our Software is automatically revoked if you violate these terms in a manner that implicates or violates our intellectual property rights. We hereby reserve all rights not expressly granted in these terms with respect to our Software and third-party plug-in components. You must not reverse engineer or decompile our Software, nor attempt to do so, nor assist anyone else to do so. In instances where our Software is installed in your network environment, periodically the system will update automatically or prompt you to update when a new version is available.
PolicyMedical Property and Feedback
These terms do not grant you any right, title, or interest in the Web Application, Software, or the public contents, except as governed by the licensing agreement. While we appreciate it when users send us feedback, please be aware that we may use any user feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Web Application are protected by copyright, trademark, and other laws of both the United States, Canada, and foreign countries. These Terms do not grant you any rights to use the PolicyMedical trademarks, logos, domain names, or other brand features.
The Web Application we provide to you may contain links to third-party websites or resources. PolicyMedical does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Though we’d much rather you stay, you can stop using our Web Application any time. We reserve the right to suspend or end the use of the Web Application by you at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use of the Services in any way that would cause us legal liability or disrupt others’ use of the Web Application and Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve your data.
Limitation of Liability
EXCEPT AS AGEED TO IN THE SOFTWARE LICENSING AGREEMENT WITH YOUR ORGANIZATION, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POLICYMEDICAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT POLICYMEDICAL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $250 OR THE AMOUNTS PAID BY YOU TO POLICYMEDICAL FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
Please note, some countries and/or states do not allow the types of limitations in this paragraph, so they may not apply to you.
We may revise these Terms from time to time and the most current version will always be posted as a link from our Web Application. In case of a revision that is material, at our sole discretion, we will notify you (for example via email to the email address associated with your account on our files). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Web Application 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 Web Application.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE WEB APPLICATION AND SERVICES, AND ASSOCIATED SOFTWARE COMPONENTS WILL BE GOVERNED BY CANADIAN LAW EXCEPT FOR ITS CONFLICTS OF LAW PRINCIPLES OR IF AGREED TO DIFFERENTLY IN THE SOFTWARE LICENSING AGREEMENT SIGNED BY THE TWO PARTIES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF ONTARIO COUNTY, CANADA. BOTH PARTIES CONSENT TO THE VENUE AND PERSONAL JURISDICTION UNLESS OTHERWISE SPECIFIED DIFFERENTLY IN THE CURRENT SOFTWARE LICENSING AGREEMENT SIGNED BY THE TWO PARTIES.
These Terms constitute the entire, exclusive, agreement between you and PolicyMedical with respect to the Web Application and associated services, except any other terms contained within the software licensing agreement signed by the two parties, and supersede and replace any other agreements, terms, and conditions applicable. These Terms create no third party beneficiary rights. PolicyMedical’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 Agreement 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, but PolicyMedical may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Web Application and Services. PolicyMedical and you are not legal partners or agents; instead, our relationship is that of an independent contractor to your organization.
1. The Information We Collect and Store
We may collect and store the following information when running the Web Application:
When you register an account, we collect some personal information, such as your name, email address and business address. As a user with additional access rights and privileges you can store the files you upload or access with the Web Application (“Files”). If you add a file to your Web Application that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.
Log Data: When you use the Web Application, we automatically record information from your Device, its software, and your activity using the application. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier (if accessing or using the application on a mobile device), date and time stamps associated with transactions, system configuration information, metadata concerning your files, and other interactions with the Service.
Cookies: We also use “cookies” to collect information and improve our application. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the application.
2. How We Use Personal Information
Personal Information: In the course of using the application, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the application, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please let us know.
Geo-Location Information: Some Devices allow applications like ours to access real-time location-based information (for example, GPS). We may use this information to optimize your experience. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.
Analytics: We also collect some information (ourselves or using third party services) using logging and cookies, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the application, for the application’s technical administration, to increase our application’s functionality and user-friendliness, and to verify users have the authorization needed for the Web Application to process their requests.
3. Information Sharing and Disclosure
Your Use: We will display your Personal Information in your profile page and elsewhere on the Web Application according to the information set in your account. You can review and revise your profile information at any time. Through certain features of the application, you may also have the ability to make some of your information public, for example through www.GRCExchange.org.
Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Web Application.
4. Changing or Deleting Your Information
If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile.
5. Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, send us a contract cancellation notice.
The security of your information is important to us. When you use our application we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.
7. Contacting Us