2013-10-22.0001 OUcare Terms of Service and Privacy Policy (Last modified: 2013-10-22) OUcare Terms of Service and Privacy Policy Thank you for using our products and services. By accessing, browsing or using our products and services, you acknowledge that you have read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use our products and services. Overview You may need an OUcare Account in order to use some of our services. You may create your own OUcare Account, or your OUcare Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an OUcare Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. OUcare's Privacy Policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that OUcare can use such data in accordance with our Privacy Policies. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we would be sorry to see you go. OUcare may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service. OUcare Privacy Policy Because we care all you care, your privacy becomes a very important thing to OUcare. So we've developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. Our Privacy Policy explains: (1) The information we collect and why we collect. (2) How we use the collected information. (3) The selections we provide. Information We Collect Below are types of privacy information OUcare may collect to provide better services to all of our users, and how we may use it. Personal Information When you create an OUcare Account, register your products, purchase a product, download a software update, or participate in online activities, we may collect a variety of information, including your name, email address, year of birth, gender, country, mailing address, phone number, contact preferences, and credit card information. Device Information We may collect device-specific information, such as your device hardware model, version of the embedded operating system, device ID, mobile network information, etc. OUcare may associate your device ID or phone number with your OUcare Account. Log Information We may automatically collect and store certain information in server logs when you connect to OUcare server. This information may include: (1) details of how you used our services, (2) telephony log information like your phone number, SMS routing information, etc., (3) Internet protocol address, (4) device information such as hardware settings, the date and time settings, frequency of use. Cookies and other similar tools We use various technologies to collect and store information when you visit an OUcare service, and we also use cookies and other tools when you interact with our services which we offer to our partners. How We Use Information We Collect We use the information we collect from all of our services to protect and improve them, as well as to protect both OUcare and our users. We may use the name the e-mail address, and the year of birth you provide for your OUcare User Profile across all of our services that require an OUcare Account. We may keep a record of your communication when you contact OUcare in order to help solve any issues you might be facing. We may use your email address to inform you about our future plan and new services, such as announcing upcoming changes or improvements. We may use information collected to improve user experience and the overall quality of our services. We combine personal information collected from all OUcare services to provide better services, such as making it easier to share health data with people, family members or physicians you know. We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy. OUcare processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live. The personal information we collect may be used to keep you posted on OUcare's latest product announcements, software updates, and upcoming events. We may also use personal information for internal purposes such as auditing, data analysis, and research to improve OUcare's products, services, and customer communications. Information We Share We do not share personal information with companies, organizations and individuals outside of OUcare unless one of the following circumstances applies: With your consent We will share personal information with companies, organizations or individuals outside of OUcare when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information. For legal reasons It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence - for OUcare to disclose your personal information. Application Our Privacy Policy only applies to all of the services offered by OUcare and its affiliates, including services offered on other sites. Enforcement We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to resolve the complaints. Changes Our Privacy Policy may change from time to time, and your rights under this Privacy Policy won't be reduced without your explicit consent. We will also keep prior versions of this Privacy Policy in an archive for your review. Warranties and Disclaimers We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Other than as expressly set out in these terms or additional terms, neither OUcare nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services "as is". Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. Liability for our Services In no event will OUcare be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from our Services or any use of Services, or of any site or resource linked to, referenced or accessed through Service, or for the use or downloading of, or access to, any materials, information, products, and services, including, without limitation, any lost profits, business interruption, lost savings, loss of programs or other data, even if OUcare is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theories. Business uses of our Services If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify OUcare and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees. About these Terms We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency. These terms govern the relationship between OUcare and you. They do not create any third party beneficiary rights. If you do not comply with these terms and we do not take action immediately, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. For information about how to contact OUcare, please visit our contact page.