Client / Subscriber (your) Information Storage & sharing:
We may have to by law disclose personal information when we believe it violates our Terms of Service when it is required to assist with a lawful investigation or comply with the statute. We may disclose the information if we believe disclosure is necessary to protect our rights, or if some or all have the assets and operations of our business are or were to be transferred to another party. Although this does not apply to our products presently (we will update this page and notify you of any change that may affect the present status) – we may require to share information with any third party service providers/partners who assist us with our activities, such as hosting providers, back-up service providers, and other IT or payment service providers may also have access to your personal information held by us and may use this information on our behalf. By providing your personal information to us or subscribing to our products, you consent to us transferring this information to third party IT providers, including our hosting and backup service providers, both within and outside the United Kingdom. To assist us in improving our products and services, we monitor aggregated data that is collected by our Service in an anonymous way. We DO NOT share this with any third parties without your explicit written consent. This data will not reveal personal information. We will not sell, rent or share your personal information with third parties in other ways without your consent unless we are required by law to do so. We may hold your personal information in electronic databases, such as our customer relationship management system. We take all reasonable steps to keep any personal information we hold about you secure. We restrict access to personal information to our employees, contractors and agents who require that information in order to operate, service and develop our application. You may request amendments to the personal information we hold about you that is inaccurate or out-of-date. If you request that we delete your personal information, we will take all reasonable steps to do so unless we need to keep it for legal, auditing or internal business purposes.
We comply with GDPR and HIPPA guidelines and we DO NOT share patient data even in an anonymised manner to an external party at any time. This data is confidential and given we use field-level encryption; our own staff cannot read the data without legitimate reason/s and credentials/authorisation. If we hit a ‘bug’ or you provide feedback-seeking improvements to our system we will endeavour to resolve this using sham patient/s created for the purposes of testing. We may request you to send us a screenshot of the problem in a manner that ensures patient confidentiality and we would aim to resolve the issues using our own test data.
Terms for using our products / applications:
As a subscriber or purchaser of any of our products and applications, you as a user/s agree to the following –
- You may not transfer your rights to use the given product / application to any other person or organisation. You may not attempt to copy, duplicate, share, and break in to the applications source, coding or back end databases at any time. The application IP is owned by us and will remain so at all times.
- The application is hosted in a 27001 or HIPPA compliant server, unless you choose to do otherwise. For enterprise level setup we can let you decide on the server level security and plans based on your budgetary and information governance requirements. We may however make suggestions and recommendations but the decision and liabilities thereof rest with you.
- To use our product’s, you will typically need access to a PC, laptop, smart device, internet connectivity and suitable printers – these remain your responsibility at all times.
- You accept that, we may make changes, add functionality and introduce new features to the Service.
- With the exception of our hosting partner (we have signed a BAA with our hosting partner & thus they are required to comply with GDPR, HIPPA or similar guidelines at all times) we guarantee as application providers our commitment and that of our staff to keep all your patient data confidential at all times unless we are asked to release it by a court order. The only members of our team that will have access to your data are those that need to be directly involved in technical support, maintenance or system administration to service your products and application.
- In the event of insolvency, we reserve the right to cancel your account in line with the termination policy detailed below.
- We will not be liable for any delay or failure to perform any of our obligations in respect of the Service if such delay or failure is due to an event which is beyond our control or third parties such as your hardware providers, internet providers, devices and hosting servers.
- You are solely responsible for keeping your password secure, changing it regularly and you will be solely responsible and liable for any activity that occurs under your user name. You must use all reasonable means to prevent any unauthorised access to, or use of, the applications/products we supply and you must notify us immediately in the event of any unauthorised access or use so as to limit potential damages to your clients and loss or misuse or data. We would if need be temporarily suspending your account in part or whole as appropriate until the risks are mitigated against suitably.
- We would if need be change your pricing plan at a short notice, expect you to pay in retrospect in the event you used the application in a manner that led to crossing the data or instance limits that would have been reasonable to your original subscription. You are thus responsible for ensuring your use case remains within the limits of what you subscribe or pay for at all times.
Limitations of Liability:
Our liability under or in connection with this Agreement will be limited as follows. This is no different to any other similar service provider such as Google, Microsoft or others. We will not be liable for any:
- Loss of profits, income or anticipated savings,
- Loss or corruption of any data, database or software,
- Reputational damage or damage to goodwill,
- Loss of any commercial opportunity, or
- Indirect, special or consequential loss or damage.
- Data theft, hacking, misuse or sharing by any unscrupulous parties or agents / person.
- You will ensure you; your service/organisation/partnership/company or such entity and its employees, associates and authorised users are indemnified at all times for all of the above.
You agree to indemnify us from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.
We endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled urgent maintenance. We may perform unscheduled maintenance at any time but will do this outside of normal business hours where possible. We, and our suppliers/ third-party partners such as the hosting service, make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You understand and agree that the Service is provided “as is” and, to the extent permitted by law, we disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose. The use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you. If there is any loss or damage to your data, your sole and exclusive remedy will be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest backup of such data maintained by our suppliers or us.
Parties subject to the agreement shall have the right to terminate the same if the other party is in breach of these terms and does not rectify the breach within 30 days of written notification. No refunds can be offered for any costs and payments made to third parties such as the server/hosting provider, you would be required to seek these independently so you wish in keeping with the given third-party provider’s terms, policies and procedures. We would refund you any unused subscription fees calculated from the month subsequent to the month in which your 30-day notice ends (e.g. if you served a notice on 14 June, the service will terminate on 14 July but fees will be refunded for any months paid in advance for months starting August.
Intellectual Property and Copyrights:
We claim no rights over the data or other material you provide to us or store within any of the applications you subscribe to. You acknowledge and agree that we own all rights, titles and interests in and to the Service / Application / Products at all times. You agree that you will not copy, reproduce, alter, modify, duplicate or create derivative works from the Application/products you purchase or subscribe from us. You or any third party may not attempt to copy, duplicate, share, and break into the applications source, coding or back end databases at any time.
Synergy Healthcare Services Ltd, UK