Data Policy
This “Data Policy” may be incorporated by reference into any agreement between you and Helia Care, including the Member Agreement. Your agreement to and acknowledgement of this Data Policy is a requirement of any Member Account. By executing the Agreement or using the Services, you agree to the terms and conditions of this Data Policy. Capitalized terms used herein and not otherwise defined herein shall have the meaning assigned to such terms in the Agreement, incorporated documents, or as defined in the Definitions document located here.
The rights and obligations as provided in this Data Policy allow us to provide the Services as set forth in the Agreement. We collect and use Customer Data as set forth in our Privacy Policy available at https://www.heliacare.com/policies/privacy-policy/, however, in an event of a conflict between this Data Policy and our Privacy Policy, this Data Policy shall control.
1. License for Customer Data. As between the Parties, you own your Customer Data. You grant to us a royalty-free, nonexclusive, worldwide license (with the right to sublicense through multiple tiers) to use, copy, store, process, transmit, and display Customer Data solely as necessary to provide the Service. The Service depends on your Customer Data’s availability. We assume no responsibility for verifying the accuracy or completeness of Customer Data. You consent to the Service storing all Customer Data in the United States of America irrespective of the country where your Data originated. As set forth in the Confidentiality Policy (located here), Customer Data is Confidential Information of Customer.
2. Aggregated Data. You authorize us to: (i) de-identify and remove all “individually identifiable health information (as defined under the Privacy Laws) from Customer Data in accordance with 45 C.F.R. § 164.514(b); and (ii) compile Aggregated Data. Aggregated Data is de-identified data that we (and our affiliates, licensors, and agents) may use on a non-attributed basis to monitor and improve our products and services, for internal analysis purposes, or to provide customized services or technologies to our customers. We collect and use this data in accordance with our privacy policies and in accordance with applicable data protection laws. Aggregated Data does not include any personally identifiable Customer Data. To the extent an assignment of de-identified Customer Data is needed to permit us to obtain ownership of the right, title, and interest in, to or under, any or all of the Aggregated Data, you hereby assign and transfer your right, title, and interest, in to, and under such de-identified Customer Data to us.
3. Customer Data. You, your Authorized End Users, and your Patients are solely responsible for Customer Data transmitted through the Service. You must require Authorized End Users not to post, transmit, or share Customer Data on the Service that they do not have permission to post.
4. Representations and Warranties. You bear all responsibility and liability for the accuracy and completeness of Customer Data and our access, possession, and use as permitted in the Agreement and this Data Policy. You represent and warrant that:
4.1 you own or possess sufficient license rights to the Customer Data necessary to disclose the Customer Data to us and permit the use contemplated under the Agreement;
4.2 no materials of any kind submitted as Customer Data or otherwise posted, transmitted, or shared on or through the Service violates or infringes on any intellectual property, privacy, personal, proprietary, or other right of any third party, or contain obscene, libelous, defamatory, or otherwise unlawful material.