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Esprē Terms and Conditions
1. Agreement Between You and Esprē
Your use of this website operated by Esprē Health, Inc. (“Esprē,” “we,” “our” or “us”) is subject to the terms, conditions and notices set forth herein (“Terms of Use” or “Terms”). Please read these Terms of Use carefully because they form a legally binding agreement between you and Esprē. By using this website, you automatically agree to comply with these Terms of Use and our Privacy Policy. If you do not agree to these Terms, you should not use this website.We offer many services, and this website may contain links to such services, as well as to other websites, web pages and services operated by Esprē or its affiliates (each, an “Esprē Site”). Your use of any Esprē Site is subject to the terms of use and other term and conditions, if any, contained within and for such Esprē Site and those additional terms become part of your agreement with us or our affiliates. If any provisions of these Terms of Use conflict with the terms, conditions and notices contained within an Esprē Site, then the terms, conditions and notices contained in such Esprē Site will control.
2. Privacy Policy
Your visit to this website is also governed by our Privacy Policy, which can be found here. Our Privacy Policy describes how Esprē and its partners collect, use and share certain information when you use this website. By using this website, you are agreeing to our Privacy Policy.
3. Changes to the Terms of Use
Esprē reserves the right to modify this website and these Terms of Use at any time by posting the modified language on this website, with or without notice to you. Posted modifications will become effective immediately, and your use of this website following any such modifications constitutes your agreement to follow and be bound by the Terms of Use as modified.
4. Personal and Non-Commercial Use Limitation
This website is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website. Accordingly, Esprē grants you a limited license to access and use this website solely for your personal, non-commercial use, provided you do not modify the website, its content, or any copyright or other proprietary notices. In addition, you agree that you will not use this website in any manner that could damage, disable or impair this website or interfere with other users’ use of this website. Your use of this website is at the discretion of Esprē and we may terminate your use at any time.
5. Links to Other Sites
This website may contain hyperlinks to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products and services, or the information privacy or security of their websites.
6. Content
This website includes text, data, graphics, images, videos, information and other content (“Content”) created by us or other third parties. The Content provided is for general information purposes, and should not be relied upon for personal, professional, medical or regulatory decisions. We do not ensure the completeness, timeliness or accuracy of the Content.
7. No Medical Advice
The Content may include health or medical related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via this website or otherwise, and nothing contained in this website should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of this website or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in this website. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
8. No Legal or Regulatory Advice
Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of the website or the Content. Accordingly, always seek the advice of your attorney or advisor with any questions you may have regarding a law, regulation, or dispute.
9. Ownership
All right, title and interest in and to this website, the Content and the structure, organization and arrangement thereof, are and remain the exclusive property of Esprē and/or our licensors and is protected by law, including, but not limited to, United States copyright law. Under no circumstances will you acquire any ownership rights or other interest in this website or any Content by or through your use of this website. Except for the limited rights granted above, all other rights are reserved.
10. Compliance with Laws
As a condition of your use of this website, you warrant to Esprē that you will not use this website for any purpose that is unlawful, offensive, interferes with this website or any feature therein, infringes anyone’s rights or prohibited by these Terms of Use. You agree to comply with all applicable federal, state and local laws regarding your use of this website. You acknowledge that your unauthorized use of this website or any content may violate copyright laws and trademark laws, as well as other regulations and statutes. If you reside outside the United States, you also agree to comply with any local laws applicable to your use of this website.
11. Submissions and Communication
You agree that any information you submit through this website is accurate and does not include any confidential or sensitive information. By submitting information to Esprē, you agree that we may use that information in any way, for any purpose, including Esprē’s own commercial purpose, and that such submitted information becomes our property without any obligation and you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances. When you use this website or send communications to us through this website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this website. You agree that all agreements, notices, disclosure and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us. By submitting information or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
12. Indemnification
You agree to indemnify, defend and hold harmless Esprē and its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all actions, liabilities, losses, claims, proceedings, suits, damages, penalties, fines, settlements and expense, including reasonable attorney's fees, arising out of, related to or in any way connected with your violation of these Terms of Use or your use of this website.
13. Disclaimer
This website and the Content contained in this website may include inaccuracies or typographical errors. ESPRĒ, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, CONTENT AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. Esprē, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ESPRĒ, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “ESPRĒ ENTITIES”) BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOODWILL, LOSS OF INFORMATION, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ITS CONTENT AND/OR THESE TERMS IS TO DISCONTINUE YOUR USE OF THIS WEBSITE. IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION WILL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.
15. Applicable Law
You agree that the laws of the State of Texas, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute between you and Esprē that might arise out of your use of this website and/or its Content. You expressly agree that the exclusive jurisdiction for any claim or claim action arising out of or relating to these Terms of Use and/or your use of this website is the state or federal courts located in Tarrant County, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts.
16. Waiver and Severability
Failure to enforce any provision in these Terms of Use will not constitute a waiver of that provision. If any provision is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use will remain in effect.
17. Entire Agreement
These Terms of Use, together with any terms and policies that are incorporated by reference, constitute the entire agreement and supersede any prior agreements between you and Esprē with respect to your use of this website and its Content.
Esprē respects the privacy of every person who visits our websites. This Privacy Policy outlines the information Esprē will collect and how we will use that information. This statement also states how you can verify the accuracy of your personal data submitted to Esprē through our websites via computers, smartphones, and other mobile devices, as well as how you can request that we delete or update your personal data. We have developed our privacy policy from industry guidelines and standards, and national laws and requirements. This Privacy Statement highlights our strong commitment to protecting your privacy. Thanks again for placing your trust in Esprē.
2. Esprē background
Esprē is a leader in healthcare information technology solutions that seek to place the patient at the center of healthcare. We believe that the patient’s story is the most valuable and most underused asset in healthcare today. Esprē desires to help patients tell their stories and for doctors to have a deeper understanding of their stories.
Esprē is based in the United States. You can find information on how to contact us below in Section 14, and you can find a listing of our office locations here. Throughout this Privacy Statement, “Esprē” refers to Esprē Health, Inc., including its affiliated companies and subsidiaries (also referred to as “we” and “us”). Many of the services which Esprē provides to its clients are provided as a processor, which means that the client remains primarily responsible for your information. In these instances, we may redirect any inquiries about our use of your information to the client.
3. Information we collect
Our primary goal in collecting personal data from you is to give you a meaningful, enjoyable and customized experience while using our Esprē websites and to enable us to develop new products and services relevant to visitors like you. Personal data also allows us to provide services and features that most likely meet your needs, and to customize our service to make your online experience smooth and efficient.
Personal data
To provide access to certain information on our websites, we need to collect certain personal data that identifies you, your e-mail address and your mailing address. Visitors may also be asked to select a user ID and password. If you opt to not provide your personal data, you can still access our websites; however, you may be unable to gain access to certain information.
Aggregate and statistical data
Esprē may collect certain aggregate data called web log information (such as your web browser, operating system, pages visited, mobile device information if applicable, etc.) and use cookies when you visit sites. For instance, when you visit one of our sites, our web server will automatically recognize some non-personal data, including but not limited to the date and time you visited our site, the pages you visited, the referrer (the website you came from), the type of browser you are using (e.g., Internet Explorer, Mozilla), the type of operating system you are using (e.g., Windows or Mac OS), and the domain name and address of your internet service provider. Neither the web log information nor cookies collect any personal data. They do not contain personal data, such as your name or e-mail address, and in no way are used to identify our users. You can find out more about our cookies.
4. Sensitive information
We will not collect sensitive information through our websites unless it is required. We ask that you not send us or share any sensitive Personal Data (e.g., government-issued or financial account numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, genetic or biometric data, criminal background or trade union membership) unless we specifically request this information.
5. Children's information
The Esprē website is not directed to minors. If you believe that we have mistakenly or unintentionally collected Personal Data of a minor through our website without appropriate consent, please notify us as detailed in our Contact Information section below so that we may immediately delete the information from our servers and make any other necessary corrections.
6. How we use your information
Personal data
We use personal data about you to improve our marketing and promotional efforts; to statistically analyze site usage; to improve our content and product offerings; and to customize our sites' content, layout and services. We may also use your personal data to deliver information to you that, in some cases, is targeted to your interests, new services and promotions. We believe these uses allow us to improve our site and better tailor it to meet our visitors' needs. Esprē may combine non-personal data collected automatically (e.g., through web log data) with your previously submitted personal data.
Aggregate and statistical data
Esprē uses web log information (such as your web browser, operating system, pages visited, etc.) to help us design our website, to identify popular features, and for other managerial purposes. However, if necessary, web logs may be used to help identify any person attempting to break into or damage our website. We may share web log information with law enforcement agencies if we believe that we have evidence of a violation of computer security or related laws.
7. Legal basis of processing
We collect and process (i.e., use) personal data about you where we have lawful bases. In a majority of the cases, processing will be justified on the basis of:
Consent
In specific situations, we can collect and process your data with your consent.
When collecting your personal data, we will make clear to you which data is necessary in connection with a particular service.
Contractual obligations
In certain circumstances, we need customers’ personal data to comply with our contractual obligations.
Legal compliance
If the law requires us to, we may need to collect and process your data.
Legitimate interest
In specific situations, we require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially affect your rights, freedom, or interests.
8. How we protect your information
Esprē is committed to keeping the data you provide us secure and will take reasonable precautions to protect your personal data from loss, misuse, or alteration. Vendors, contractors, or partners of Esprē who have access to your personal data in connection with providing services for Esprē are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for us. When necessary, we use secure connections on our websites to protect information during its transmission. Access to your personal data is password-protected and we regularly monitor our system for possible vulnerabilities and attacks.
9. How long will we retain your personal data?
Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected. At the end of that retention period, your data will either be deleted completely or anonymized. (For example, through aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.)
10. How we may share your data
Except as stated below, we will not share, trade, or sell personal data from our visitors for use by any business. However, aggregated and statistical data from our visitors may be shared with our partners in a manner that does not identify the specific visitor personally. For example, we may let a partner know that approximately "75% of our visitors use high-speed connections or access our site after 7 pm." We may share personal data with service providers or contractors that perform services for us and act in our direction. The services they provide may include activities such as direct mailing, fulfillment services, or e-mail campaigns. When you have agreed to receive such services, we also may share personal data with our business partners that provide joint offerings with us. When we do so, such business partners are restricted in using your data to provide the services you’ve agreed to.
Esprē may share your personal data with any person or company that acquires Esprē business or any portion of the Esprē business to which your personal data relates. Esprē will ensure that any person or company to which your personal data is transferred agrees to abide by the same privacy obligations as Esprē. Esprē also reserves the right to share personal data to respond to duly authorized information requests of governmental authorities or where required by law. We may also share personal data in responding to requests from law enforcement officials, government bodies, or judicial authorities to address matters of personal or public safety, national security, litigation, investigations (including data security incident investigations), and other legal matters where the data is pertinent.
11. Cross-border data transfers
Esprē has developed global data privacy and security practices designed to ensure that your personal data is appropriately handled and protected. Please note that personal data may be transferred, accessed, and stored globally as necessary for the uses and disclosures stated above in accordance with this policy. By providing your personal data to Esprē, you consent to Esprē transferring your personal data to its affiliates globally and to third-party entities that provide services to Esprē.
Esprē adheres to the EU-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, and publicly certifies that it complies with the Privacy Shield Principles. Esprē has implemented appropriate safeguards for transfers of personal data originating from the European Economic Area (“EEA”) to Esprē affiliates and unaffiliated third parties located outside the EEA. Esprē complies with the Privacy Shield Frameworks Principles for onward transfers of personal information obtained from the EU, including the onward transfer liability provisions. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/list.
In the event that an individual satisfies the pre-arbitration requirements specified at Annex I Part C of the EU – U.S. Privacy Shield Framework Principles, EU residents may invoke binding arbitration at no cost to the individual pursuant to procedures in Annex I of the EU – U.S. Privacy Shield Framework Principles found here: https://www.privacyshield.gov/EU-US-Framework. With respect to its commitment to the Privacy Shield, Esprē is subject to the investigatory and enforcement authority of the Federal Trade Commission. Esprē will be responsible for ensuring that the principles of the U.S. – EU Privacy Shield are honored and may be liable if the third party fails to meet those obligations.
12. Third-party websites
Our websites may provide, or third parties may provide, links to other websites or resources. This Policy applies only to our websites. It does not apply to services offered by third parties, including websites and other online services to which our websites may display links. When you click on such links, you may be visiting websites or interactive services operated by third parties, who have their own information collection practices. We do not have control over how any third party collects or uses information, so we recommend that you review their privacy policies to learn of their practices.
13. What are your rights over your personal data?
If you are a resident of the EEA, subject to certain exemptions, the processing activity and jurisdiction:
You have the right to:
Access to the personal data we hold about you, free of charge in most cases. You can access your account information by logging in to your account. If you request access to additional personal data, you can contact us at the information below.
Correct your personal data when it is incorrect, out of date, or incomplete. You can correct your account information by logging into your account. If you would like to request the correction of additional personal data, you can contact us at the information below.
Request that we stop using your personal data for direct marketing (either through specific channels or all channels).
Request that we stop any consent-based processing of your personal data after you withdraw that consent.
If you are a resident of the EEA, subject to certain exemptions, the processing activity, and jurisdiction:
You have the right to:
Access to the personal data we hold about you, free of charge in most cases. You can access your account information by logging in to your account. If you request access to additional personal data, you can contact us at the information below.
Correct your personal data when it is incorrect, out of date, or incomplete. You can correct your account information by logging into your account. If you would like to request the correction of additional personal data, you can contact us at the information below.
Request that we stop using your personal data for direct marketing (either through specific channels or all channels).
Request that we stop any consent-based processing of your personal data after you withdraw that consent.
Esprē does not currently engage in activities in which decisions are made that are solely based on automatic processing of data (e.g., where no human has yet reviewed the outcome and criteria for the decision); however, to the extent that Esprē begins to engage in this type of processing, you may request a review of any decision that is made in this manner.
You can send us a request to exercise these rights and access, correct, or remove your personal data by contacting us at any time at DataProtectionOfficer (at) evahealth (dot) com. If you send us a written request to access, correct, or remove your personal data or to remove yourself from a database, we will respond to your request within 30 days.
Your right to withdraw consent:
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest.
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.
We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
Your right to object to direct marketing
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels.
You may opt-out of email marketing by using our general unsubscribe automated link that is included in Esprē marketing emails.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Policy.
If you authorize a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
If you are a California resident, you may be afforded certain additional rights under the California Consumer Privacy Act of 2018 regarding our use of your personal information. To learn more about your California privacy rights, visit our CALIFORNIA PRIVACY NOTICE.
14. Contact information
We hope this Privacy Policy has been helpful in explaining how we handle your personal data and your rights to control it.
If you have any questions that we have not answered, please contact our Data Protection Officer who will be pleased to help you:
Email us at Privacy (at) evahealth (dot) com Or write to us at:
Esprē Health, Inc.
Attn: Privacy Officer
550 N Carroll Ave
Southlake, Texas 76092
If you are based in the EEA, you may email our Data Protection Officer at dataprotectionofficer (at) evahealth (dot) com. If you have any complaints regarding our compliance with this Privacy Policy, you should first contact Esprē at the contact information listed above. Esprē will investigate and attempt to resolve complaints and disputes regarding the collection, use, and disclosure of personal data in accordance with this Privacy Policy.
Esprē has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, JAMS. This service is provided free of charge to you. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Additionally, if you feel that your data has not been handled correctly, and your complaint involves human resources data transferred to the US from the EU in the context of the employment relationship, Esprē is committed to cooperating with the panel established by the EU data protection authorities (DPA Panel), as applicable and to comply with the advice given by the DPA panel and/or Commissioner, as applicable with regard to such human resources data. To pursue an unresolved human resources complaint, you should contact the state or national data protection or labor authority in the appropriate jurisdiction. Contact details for the EU data protection authorities can be found here.
15. Updates
We may update this Privacy Policy from time to time. When we update this Privacy Policy, we will post the changes on our website and applications. We encourage you to check this Privacy Policy regularly for changes. If we make any material changes to this Privacy Policy, we will notify you before they take effect, either through the Site or Application or by sending you a notification. Unless otherwise noted, any changes we make to this Privacy Policy will become effective immediately once posted on this page. Please see the effective date noted below for the latest revision date. Your continued use of the Services following any changes to this Privacy Policy indicates your consent to the practices described in the revised Privacy Policy.
