RIGHTMETRICS LLC PRIVACY POLICY
This Privacy Policy was last updated on November 25, 2019 and is deemed effective as of this date.
Personal Data
The Personal Data and Browser Data (hereinafter collectively referred to as "Data"), automatically collected from this website (hereinafter the "Site") and Rightmetric LLC’s VIVOVITALS SaaS platform (hereinafter the “Platform”) and Vivovitals Application (hereinafter the “App”), by means of automated systems or freely entered by the User of this Site or App.Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use www.vivovitals.com and how we collect and use your content and information. We encourage you to read the Terms of Use for Use of the Vivovitals Application and this Privacy Policy in its entirety.
We receive several different types of information about you, including:
The information that's required when you sign up for the site, as well as the information you choose to share.
Required information may include your name, email address, birthday, and gender. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
Usernames and User IDs, which are a way to identify you on the Vivovitals App and Platform. A User ID is a string of numbers and a username
"Public Information" which means the information you choose to make public, as well as information that is always publicly available.
Information posted to a group chat or moderated session and information kept within a one on one session.
Contact Information” is personal information that Rightmetrics stores confidentially for your Provider. This information may include: First Name, Last Name, Email, Date of Birth, Phone Number
Parties processing the data
We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies or during an emergency circumstance as judged by your Provider working with local authorities). Generally, we will only use your information within our company. However, sometimes we use third parties to process your information (for example as credit card payment providers). We will require these third parties to comply strictly with its instructions and we will require that they not use your personal information for their own business purposes.
The Uses of the collected Data by Rightmetrics
Rightmetrics uses non-identifying and aggregate information to better design our Web site and to use in research and trend analysis. For example, we may tell an advertiser that X number of individuals visited a certain area on our Website, or that Y number of men and Z number of women filled out a site survey or form, but we would not disclose anything that could be used to identify those individuals. We only provide data to our partners, if any, after we have removed your name and any other personally identifying information from it or have combined it with other people's data in a way that it no longer personally identifies you.
Rightmetrics uses non-identifying (De-Identified or “Safe Harbor” form) and aggregate information about responses to the clinical outcome assessments (personal assessments), and the frequency of the utilization of the Rightmetrics service.
The anonymous and aggregated data also may be published through various media platforms/academic journals. No personal identifying information will be tied to the results, and Rightmetrics will not share anything that could be used to identify your account or your private information.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future, we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
Rightmetrics stores data only for as long as it is necessary to provide products and services to you and others, including those described above and for legal protections or as required by applicable laws and regulations.
Rightmetrics may enable access to public information that has been shared through our services.
Rightmetrics may allow service providers to access information so they can help us provide services.
IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and to analyze and improve the services offered on our website, e.g. to provide you with the most user-friendly navigation experience.
Certain information is needed to provide you with services, so we only delete this information after you delete your account.
Some forms of processing (sending promotional information, commercial profiling, behavioral advertising, geo-location, etc.) may require the express consent of the User. Specific information may be shown on the pages of the Site in connection with particular services or processing of Data provided by the Site User.
Upon request we provide site visitors with access to a description of information that we maintain about them. If you feel that this site is not following its stated information policy, you may contact us at mailing address 206-19 Hillside Ave, Queens Village, NY 11427For content that is covered by intellectual property rights, like photos and videos you specifically grant Rightmetrics a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with www.vivovitals.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. This Paragraph does NOT apply to photos, images or other videos shared ONLY with your Provider on the Platform.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Protecting the Privacy of your fellow Rightmetrics Users
During your use of Rightmetrics services and the Platform, you will not send or otherwise post unauthorized commercial communications (such as spam) on or to www.vivovitals.com in conjunction with the App or the Platform
You will not collect users' content or information, or otherwise access www.vivovitals.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any other User.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not provide any false personal information on www.vivovitals.com or create an account for anyone other than yourself without permission. You will not create more than one provider or patient profile.
Copyrights: Rightmetrics and Protecting Other People's Intellectual Property Rights
We respect other people's rights and expect you to do the same. You will not post content or take any action on www.vivovitals.com that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you submit or post to www.vivovitals.com if we believe that it violates this Privacy Policy or the Terms of Use on this Site. You will not use our copyrights or any confusingly similar marks, without our written permission. If you collect information from Rightmetrics Users, you will: obtain their consent, make it clear you (and not Rightmetrics) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on www.vivovitals.com. You will not tag Rightmetrics fellow Users or send email invitations to non-users without their consent.
Portable Electronic Devices
The Vivovitals Platform is available on a multitude of portable electronic devices. We provide our connection to mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, may still apply. You provide all rights necessary to enable Rightmetrics Users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on www.vivovitals.com, as well as your name and profile picture.
Your Use of Your Personal Data
If a www.vivovitals.com User utilizes the Platform to publish or otherwise share their own Personal Data or Contact Information with third parties, he or she assumes full responsibility for any further use of that Data or information.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Privacy Policy or Rightmetrics exclusively in New York through binding arbitration and you waive the right to participate in or support to any class action law suits against Rightmetrics. The laws of the State of New York will govern this Privacy Policy, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on www.vivovitals.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
Cookies on www.vivovitals.com
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet, phablet, cell phone or other electronic devise (referred to here as a "device") browser from a website's computer and is stored on your device's hard drive. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track traffic flows.
Cookies record information about your preferences and allow us to tailor Rightmetrics services to your interests. During the course or any visit to the Site, the pages you see, along with a cookie, are downloaded to your device. Many websites do this, because cookies enable website publishers to do useful things such as finding out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking for the cookie left there on the previous visit.
Information supplied by cookies can help us to analyze the profile of our visitors so we can provide you with a better user experience.
Definitions
Clinical Assessments: Questions from clinical scales that measure health and well-being. Clinical assessments vary by condition.
Data/results: The quantitative scores that are based on responses to questions in the assessments.
Personal identifying information: Name, address, credit card number
Final Words from Rightmetrics
We try to keep www.vivovitals.com safe, but you use it at your own risk. We are providing www.vivovitals.com “As Is” without any express or implied warranties. We do not guarantee that www.vivovitals.com will be safe or secure. Rightmetrics is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
You consent to having your personal data transferred to and processed in the United States. By content we mean anything you post on www.vivovitals.com that would not be included in the definition of information. By data we mean content and information that third parties can retrieve from www.vivovitals.com or provide to www.vivovitals.com through our Platform. By post we mean post on www.vivovitals.com or otherwise make available to us (such as by using an application). By use we mean use, copy, publicly perform or display, distribute, modify, translate, and/or create derivative works.
Rightmetrics openly volunteers its practices of collecting information, its targeting capabilities, and its use of cookies. If you have any questions pertaining to this privacy policy and its contents, please direct your correspondence to Rightmetrics at the "contact us" link on the website www.rightmetrics.com
Understand, that we treat your use of our Platform with the utmost respect to your privacy. We keep all information not disclosed above private between the Provider and the User, keeping only non-decimated "file" copies for reference in case of legal dispute of by court order as we are required to under Federal Laws for period up to seven years or by the applicable State Regulation. File retention protects both the User and the Providers safety. Rightmetrics is not responsible for data lost/exposed/used due to the nature of the Internet and digital environments, including illegal actions of hackers and criminals, technical malfunctions of servers and database etc. These are the accepted risks of our Users and users of the Internet in general. You are agreeing to this standard in using our site.
Rightmetrics reserves the right to amend this Privacy Policy at any time without notice, and only the current Privacy Policy may be deemed effective. Regardless of later updates or changes to our privacy notice, we will never use the information you submit under our current privacy notice in a new way without first providing you an opportunity to opt-out or otherwise prevent that use.