3.2 Account Type. There is no charge for creating an individual account ("Individual Account"). The Individual Account is for use by only the individual who opens the account for that individual's personal, non-commercial purposes. In addition to Individual Accounts, HER provides licensed physicians and medical professionals working under the supervision of licensed physicians with the ability to purchase a professional account ("Professional Account"). The Professional Account is for use by the medical practice who purchases the License rights to it for the purpose of assisting in the treatment of patients whose Individual Accounts are linked to the Professional Account. Please see our Fees & Payment Policy for information on the fees, payment provisions, term and additional termination rights for Professional Accounts.
3.3 Linking Accounts. Individual Accounts may be linked to Professional Accounts, with the Individual Account owner's consent. Please see our Consent for Individual Accounts Linked to Professional Accounts, which each Individual Account holder will be required to accept prior to linking of an Individual Account to a Professional Account.
3.4 Account Security. If You create, or are provided with, a user name, password or any other information as part of our security procedures, You agree to treat such information as confidential, and that You will not disclose such information to any other person or entity. You further agree that Your account is personal to You and that You will not provide any other person access to the Services, or any portions of the same, using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer or other device so that others are not able to view or record Your password or other personal information.
5.2 Your Content. The Services may allow or require You to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Site or users of the Services ("Public Content"), or that will only be accessible by You or those designated by You ("Private Content") (Public Content and Private Content, collectively referred to as "Your Content"). As between You and HER, You remain the sole owner of and solely responsible for Your Content. HER does not claim ownership of any of Your Content, but by submitting Your Content, You hereby grant HER a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for HER. HER does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. HER reserves the right to remove any of Your Content at any time, with no obligation to notify You of the removal. Publication of any of Your Content is at the sole discretion of HER.
5.3 Rights, Permissions and Consents. If you use a Professional Account, You represent, warrant and covenant that:
a) You have obtained, and will maintain accurate records of, all necessary rights, permissions and consents from each individual you submit information about using the Services, contact or in any other manner communicate with using the Services, as required by all applicable laws and regulations, including without limitation the Health Insurance Portability and Accountability Act, as amended.
b) You have obtained, and will maintain accurate records of, opt in consent from each individual you submit information about using the Services, contact or in any other manner communicate with using the Services, to submit such individual's information and to receive such contact or communication, and that you will remove immediately all information about any such individuals from the HER Services and no longer contact or communicate through the Services with any individual that no longer wishes to authorize your use of the Services with their information or receive your contacts or communications. Notwithstanding the foregoing, we reserve the right to remove immediately from our Service any individual identified to us via network providers as filing a spam report or complaint against you or that contacts us directly to request removal from the Services.
5.4 Prohibited Content. While using the Services, You agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships.
5.6 Transmission of Your Content. The term "Your Content" also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by You or entered electronically in the course of Your use of the Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to Your use of the services and content offered on or through the Site, the Application or Services and consent to HER's interception and storage of Your Content. You understand that You or HER may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by HER. You agree that HER is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by HER.
5.7 Copyright Infringement Notification Process. HER abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If You believe that any content included on the Services is Your proprietary work and has been copied in a way that constitutes an infringement of Your copyrights in that work, please immediately notify HER of any such copyright or other Intellectual Property Rights infringement. Similarly, if You believe that Your Content has been inappropriately removed, You may send a counter-notification. In either case, Your written notice should be sent to our designated agent as follows:
Attn: DMCA Designated Agent
3104 E Camelback Rd #726
Phoenix, AZ 85016
5.7.1 Copyright Infringement Notification. To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5.7.2 Counter-Notification. If Your Content has been taken down, You may elect to send us a counter notice. To be effective Your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
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 access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
THE SITE, THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "HER PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE HER PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SITE OR SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE HER PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU ALSO UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THE SERVICES IS NOT INTENDED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU UNDERSTAND AND AGREE THAT NOTHING IN THE SITE IS INTENDED TO BE OR WILL BE TAKEN AS MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT THE INFORMATION POSTED ON THE SERVICES HAS BEEN OBTAINED BY REVIEWING PRODUCT LABELS AND, IN SOME CASES, FROM THE MANUFACTURERS OF THE PRODUCTS, BUT HAS NOT BEEN INDEPENDENTLY VERIFIED BY HER. WHILE HER BELIEVES THAT THIS INFORMATION WAS ACCURATE AT THE TIME IT WAS POSTED TO THE SERVICES, YOU UNDERSTAND AND AGREE THAT HER DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION LISTED ON THE SERVICES. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES, YOU AGREE THAT YOU WILL CONTACT THE MANUFACTURER OF THE PRODUCT DIRECTLY. HER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SITES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY.
ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND DIFFERENT INFORMATION THAN WHAT IS CONTAINED IN THE SERVICES. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED IN THE SERVICES AND YOU MUST ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. WHILE HER WORKS TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, IT HAS NOT INDEPENDENTLY VERIFIED THE PRODUCT INFORMATION, AND ON OCCASION, MANUFACTURERS MAY ALTER THEIR INGREDIENTS AND/OR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT CONTAINED IN THE SERVICES. FURTHER, SOME MANUFACTURERS MAY WITHHOLD CERTAIN INGREDIENTS FROM THEIR PRODUCT INGREDIENT LISTS AS TRADE SECRETS, WHICH HER HAS NO WAY OF KNOWING OR IDENTIFYING. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY. CONTENT CONTAINED IN THE SERVICES IS FOR REFERENCE PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND CORRECTNESS OF THE INFORMATION YOU ENTER INTO OR PROVIDE TO THE SERVICES, INCLUDING WITHOUT LIMITATION, PATIENT ALLERGY CODES (PACS) AND ALLERGENS. HER DOES NOT INDEPENDENTLY VERIFY THE INFORMATION YOU ENTER OR PROVIDE AND HER WILL PROVIDE INFORMATION TO YOU BASED SOLELY ON THE INFORMATION YOU ENTER OR PROVIDE TO HER. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. HER ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS OR THE INFORMATION YOU ENTER OR PROVIDE.
YOU UNDERSTAND AND AGREE THAT THE HER PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A HER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICES.
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of Your claim to our registered agent, [Insert Statutory Agent Information]. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of Your intention to do so to HER within 60 days of the earlier of Your first use of the Site or Services or Your registration with the Services.
You represent and warrant that You are not (a) 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, or (b) listed on any U.S. Government list of prohibited or restricted parties.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between You and us.
WITH RESPECT TO THE APPLICATION, EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT NO MOBILE PLATFORM PROVIDER, SUCH AS APPLE INC. ("APPLE") OR GOOGLE INC., HAS ANY OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE OR SUPPORT SERVICES.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTIES SET FORTH HEREIN, YOU may notify Apple, and Apple will refund the purchase price for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE APPLICATION, INCLUDING WITHOUT LIMITATION, (a) product liability claims, (b) claims that the application fails to conform to any applicable legal or regulatory requirement, (c) claims arising under any consumer protection of similar legislation, and (d) claims that the application infringes on any third party's intellectual property rights.
Last Modified: 8-2-2016
* What information do we collect about you and how do we use it?
* Will we share your personal information with third parties?
* What choices do you have about the collection and use of your personal information?
* What security measures do we take to safeguard your personal information?
A special note to parents: The Site and Services are not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. We also recommend that parents monitor their children's Internet activities and learn and employ software or other tools which can help their children enjoy the fun and entertainment of an on-line experience without compromising their personal safety or allowing them to use the Internet in a manner inconsistent with their parents' preferences. If you believe we might have any information from or about a child under 18, please contact us at firstname.lastname@example.org.
We may collect from you, or you may provide to us, both personal and non-personal information, which we may use to (i) provide you with the Site and Services and their contents, and any other information, products or services that you request from us, (ii) customize the content and advertising you see through the Site or Services, (iii) improve the services we provide to you, (iv) give you notices about your account and when updates are available and (v) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
We have designed certain portions of the Site and Services so that you can view them as a visitor without providing SkinSAFE with any Personal Information or creating an SkinSAFE account. However, certain portions of and activities on the Site and Services may require you to create an SkinSAFE account and become a registered user, including contributing to or commenting on discussion boards and forums, asking or answering health-related questions, sharing health-related information, tips or stories, creating a user profile, or sharing content from the Site or Services via email, SMS or MMS.
We collect information from and about users of our Site and Services: (i) directly from you when you provide it to us; and (ii) automatically when you use the Site or Services.
Information You Provide to Us
When you create an account on the Site or Services, we may ask you to provide personally identifiable information, including a username, email address, birthday, ZIP code, Age, City, State, Country, personal interests, gender, photographs and any other information we might collect that is defined as personal or personally identifiable information under applicable law (collectively, "Personal Information"). This information also may include (i) information you provide by filling out forms on the Site and Service when you register, enter contests and promotions, or report a problem with the Site or Services, (ii) records and copies of correspondence (including SMS, MMS and email messages and phone numbers), if you contact us, (iii) your responses to surveys, (iv) details on transactions you carry out through the Site or Services, or (v) your search queries on the Site or Services. You also may publish or display information on public areas of the Site, Services or related websites ("User Contributions"). As discussed further below, your User Contributions are posted and transmitted to others at your own risk, and we cannot control the actions of third parties with whom you share your User Contributions nor guarantee your User Contributions will not be viewed by unauthorized persons.
Information Collected Automatically and Tracking
We may collect certain aggregate and non-personally identifiable information in the normal course of operating the Site and Services that does not reveal the specific identity of any individual or relate to a single identifiable user.
When you download, access or use the Site or Services, we may automatically collect: (i) device information including your IP address, operating system, hardware ID, mobile network information, and browser type and language, (ii) usage details including access times, traffic data, location data, communication data, resources accessed through the Site and Services and referring website addresses, (iii) stored information including meta data and other information stored on your device, and (iv) location information including real-time information about the location of your device. We also may collect information about your activities over time and across third-party websites, apps or other online services (behavioral tracking). For information related to opting out of certain types of tracking see "Advertising" below. If you do not want us to collect this information, please edit your "Profile Information" to review your information collection options.
We may use information we collect about your location to provide you with more relevant advertising or direct you to nearby experts and service providers that may be able to answer your health-related questions or assist with your health-related needs. However, you must opt-in for us to use your location.
Information Collection Technologies
To learn more about how we use a third party service with cookies (flash and non-flash) and web beacons to collect and use information on the Site and Services, visit http://www.nielsen-netratings.com/privacy/sitecensus.htm.
Browser Do Not Track Signals
"Do Not Track" signals are signals sent through a browser informing us that you do not want to be tracked. We do not respond to web browser "Do Not Track" signals.
We may disclose aggregated information about our users. Also, we may disclose your Personal Information to: (i) our subsidiaries and affiliates; (ii) contractors, service providers and other third parties we use to support our business and who are contractually bound to keep your Personal Information confidential and only use it for purposes for which we disclose it to them; (iii) to a buyer or other successor to all or substantially all of our assets, or to the assets of any division related hereto, through merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer; (iv) to comply with any court order, law or legal process; (v) to enforce our rights arising from any contracts entered into between you and us; or (vi) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or those of our customers or others.
The Network Advertising Initiative (NAI), a self-regulatory organization consisting of online advertising networks, provides an opt-out tool that allows you to opt out of the data collection and targeted ad programs of NAI members. If you would like more information about this practice and your choices about not having this information used by these companies, click here. Furthermore, PrivacyChoice provides an opt-out tool that allows individuals to opt out of tracking by third parties (in addition to NAI members) who may place cookies on your computer. To access more information and these opt out tools, please visit http://www.privacychoice.org/choose.
To make it easy for you to make the choices that are right for you, we also provide the following information:
Public & Private:
All stories posted on the Site and Services and other User Contributions are public, but private messaging is for private discussion.
Email communication that you send to us via the email links on our Site or Services may be shared with a support representative, employee, or the expert that is most likely to be able to address your inquiry. Please do not provide personal health information in your email unless you are doing so anonymously; regardless, we will only use such information for the purposes of answering your email. From time to time, we may send you service-related emails, such as a welcome e-mail when you register with our Site or Services. If we find your personal question valuable to community discussion, we reserve the right to anonymously post your question on the Site or Services by removing any names or personal identification, including photos and username.
Your Health Questions; Comments; Chat Rooms and Message Boards:
After you register, you can make User Contributions, which includes the ability to ask health-related questions, leave comments and use chat rooms and message boards. By default, your health-related questions, comments, chat room and message board posts and other User Contributions will be associated with your username (i.e. the nickname you created at registration). If you wish to remain anonymous, you need to make sure that the details of your personal health story, health-related questions, chat room and message board posts or other User Contributions do not allow someone to indirectly identify you. You may also remain anonymous by turning on the 'Use SkinSAFE Anonymously' option in account settings asking your health-related question, commenting, posting to a chat room or message board or making other User Contributions.
Remember that all information visible on our Site is visible to and may be reviewed by search engines and may be made public. Thus, you should be aware that any Personal Information you disclose in these interactive areas may be collected and used by other internet users. We make no representations and undertake no obligations as to the security of information you disclose in these interactive areas. You disclose such information at your own risk.
The Site or Services may, from time to time, include a send-to-a-friend or similar application that makes it easy for you to forward information or materials from our Site or Services to friends or family by email. In order to address your email message, the application will ask you to input the recipient's email address and/or similar information (including your email address). This information is only used by the application to address your message so that it can be properly sent. SkinSAFE does not retain any of this information for any purpose.
The Site or Services, from time to time, may support a pop-up or promotional element that may request information. This information is public information and may be used by SkinSAFE or an advertiser or sponsor. If you wish to remain anonymous, you need to make sure you don't share Personal Information.
We implement measures designed to protect your personal information from accidental loss or unauthorized access, use, alteration or disclosure. However, the safety and security of your information also depends on you. We urge you to protect your user information and password and to be careful about giving out information in public areas of the Site or Services, which may be viewed by other users of the Site or Services.
Unfortunately, transmitting information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your Personal Information when transmitted through our Site or Services. Any transmission of personal information is at your own risk, and we are not responsible for circumvention of any privacy settings or security measures we provide or any consequences resulting from inappropriate, malicious or criminal actions directed against our Site, Services or servers or the Personal Information of our users.
SkinSAFE is the data controller of the personal information you provide directly to us through our Site or the Services. You may contact SkinSAFE at email@example.com. If you originally provided your personal information to a third party who is using SkinSAFE’s Services as the data controller and/or data processor of your personal information, then EmpowerHer is acting as a data processor or sub-processor, and you should then contact such third party company or organization with your inquiries about your personal information.
Legal Basis for Processing (EEA only)
If you are an individual from the European Economic Area (“EEA”), our legal basis for collecting and using your personal information will depend on the information concerned and the specific context in which we collect and use it. We process personal information in various ways depending upon the use of the Site and the Services. We process personal information on the following legal bases: (1) with your consent; (2) as necessary to perform a contract when we are requested to provide services or products, including the Services; and (3) as necessary for our legitimate interests in improving our Site enhancing our Services and products and providing you with marketing materials and other information. We may also obtain personal information where we need to provide Services to a healthcare professional or a business entity under an agreement with such professional or entity, in which case we may be acting as a data processor or sub-processor.
Your Rights under the EU Privacy Law
If you are an individual in a European Union member state or in an EEA country, you generally have the following rights:
Right to Lodge a Complaint
You have the right to lodge a complaint about our data collection and processing actions with respect to the personal information we collected directly from you through the Site with the data protection authority in the jurisdiction where you reside.
Right to Deletion
You have the right to request that personal information we obtained directly from you through the Site be deleted or erased. If deletion of your personal information should not be possible for technical or legal reasons, we may block the respective data instead. To request deletion or blocking of personal information, or revoke previously granted consent, please contact us at firstname.lastname@example.org.
Right to Data Portability
You have the right to request that the personal information you have provided directly to us through the Site, which we process by automated means, be provided to you or another controller in a structured, commonly used and machine-readable format.
Last Modified: 5-23-2018
If You provide credit card information, You authorize HER to charge such credit card for the License, including, for the Initial Term(s) and any Renewal Term(s) as set forth in Section 2.
You agree, understand and confirm that the payment information provided by You will be correct and accurate and you are using a form of payment that You are legally authorized to use for this purpose. You agree that You are liable for any payment or credit card fraud, abuse or unauthorized use by You or others.
Your payment information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.
Last Modified: 7-9-2015
If your health care provider maintains a Professional Account, HER will work with your health care provider to find appropriate dermatological treatments and therapies based on your individual health care condition and characteristics. To best assist in your treatment needs, HER will use the health care information that You input into our platform along with information we receive from Your health care provider to generate a list of dermatological products and therapies Your provider may recommend as part of Your ongoing treatment. By clicking “I agree” You are consenting to the sharing of Your health information by Your health care provider through the Services, allergen information. With information we receive from You and Your health care provider, the Services will generate a list of products and therapies that Your provider can use as part of Your treatment for Your dermatological condition(s). In some cases, we may receive payment from the makers of the products or therapies included on the list generated for Your provider. We may also use information You or Your provider share to assist in the development of new therapies, although any information used or disclosed for such purposes will be deidentified, such that it will not include any information that can be used to identify You or traced back to You. By clicking “I agree” You are consenting to the use and disclosure of Your health information as stated above and acknowledging and agreeing to the terms stated in this Consent for Individual Accounts Linked to Professional Accounts.
Last Modified: 5-23-2018