As required by the privacy regulations created as a result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)

 

This Privacy Policy describes how Paxerahealth ("Paxerahealth") protects your personal information when you use this service on the App, the PaxeraShare platform and all related products and services (collectively, the "Service"). Paxerahealth is located at 300 Washington St., Newton 02458, MA. All references to Paxerahealth include its subsidiaries or affiliates involved in providing the Service. All references to you include your Authorized Individuals, if any. 

 

Our commitment to your privacy:

Our company is dedicated to maintaining the privacy of your individually identifiable health information (also called protected health information, or PHI). In conducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We also are required by law to provide you with this notice of our legal duties and the privacy practice that we maintain in our company concerning your PHI. By federal and state law, we must follow the terms of the Notice of Privacy Practice

We realize that these laws are complicated, but we must provide you with the following important information:

• How we may use and disclose your PHI,

• Your privacy rights in your PHI,

• Our obligations concerning the use and disclosure of your PHI.

 

The terms of this notice apply to all records containing your PHI that are created or retained by Paxerahealth. We reserve the right to revise or amend this Notice of Privacy Policy. Any revision or amendment to this notice will be effective for all of your records that our company has created or maintained in the past, and for any of your records that we may create or maintain in the future. Paxerahealth will post a copy of our current Notice on our website, www.Paxerahealth.com, and will be visible at all times. You may request a copy of our most current Notice at any time.

If you have questions about this Notice, please contact:

Paxerahealth

Attention: Privacy Officer

300 Washington St.

Newton, MA 02458

 

 

Your use of the Service is subject to this Privacy Policy as well as our Terms of Use. After reading this Privacy Policy, you will know:

1. Summary of Data Practices
2. Definitions
3. What information PaxeraShare Collects
4. How PaxeraShare Uses Your Information
5. How the Information is Shared with Third Parties
6. Choices You Have About How PaxeraShare Uses Your Information
7. What About Data from Children Under 18
8. How PaxeraShare Protects Your Information
9. How We Provide Required Notices of Security Breaches
10. How We May Change this Privacy Policy
11. How to Obtain More Information About this Privacy Policy

Please review this Privacy Policy and the Terms of Use carefully. If you do not agree with our practices, do not access or use any part of the Service.

A. Summary of Data Practices

	PHI Data
Release	Personal Information	Aggregate Data
Do we release your PHI Data for the following purposes?
Marketing and Advertising	No	No
Medical and pharmaceutical research	No	No
Reporting about our company and our customer activity	No	Yes
To your insurer and employer	No	No
For developing software applications	No	No
Do we require Limiting Agreements that restrict what third party Service Providers can do with your Personal Information?	Yes	N/A
Do we stop releasing your Personal Information if you close or transfer your PHI?	Yes	N/A
Do we have Security Measures that are reasonable and appropriate to protect PHI Data, in any form, from unauthorized access, disclosure, or use?	Yes	Yes
Do we store PHI Data in the U.S. only?	Yes	Yes
Do we keep Personal Information Activity Logs for your review?	Yes	N/A

 

B. Definitions

- Activity Logs 

Activity logs are PaxeraShare’s and its Service Providers' records of when PHI Data is created, accessed, modified, deleted, released, or exported from and/or within the PHI.

- Aggregate Data 

Aggregate Data is PHI Data that is: (1) grouped so it does not connect to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data is de-identified data and cannot be used to identify you as an individual.

- Authorized Individuals  

An Authorized Individual is someone you authorize to access your PaxeraShare on your behalf.

- Dependent

A Dependent is a minor child or other individual over whom an Authorized Individual has legal authority.  

 

-  PHI 

"PHI" means Protected Health Information. A PHI is an electronic health data application that can help you collect, manage, and share your health information. The PaxeraShare is a PHI.

- PHI Data 

When you sign up for the PaxeraShare, you provide and/or you authorize all or some of your Providers to provide to the PaxeraShare information about you. This information makes up PHI Data.  Any information in the PaxeraShare is considered PHI Data.  PHI Data might include, but is not limited to the following:

         Your name and contact information, such as your address, phone number, or email address

         Your medical history, conditions, treatments, and medications

         Your healthcare claims, health plan account numbers, bills, and insurance information

         Demographic information, such as your age, gender, ethnicity, and occupation

         Computer information, such as your IP address and "cookie" preferences

As described further below, PaxeraShare may use your PHI Data to achieve the following:

         Operate and manage the PaxeraShare platform, software, and website

         Maintain and protect its computer systems

         Comply with the law, such as responding to subpoenas and search warrants

PHI Data includes Personal Information and Aggregate Data.

 

- Personal Information 

Personal Information means information about you that reasonably can be linked to you such as your name, health information, and other identifiers.  Personal Information may also include but is not limited to your financial information or social security number.

- Provider  

A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your PaxeraShare. When you sign up for the PaxeraShare, you may provide authorization for a healthcare practice or hospital, and associated authorized users to send Personal Information to your PHI.  

- Reporting 

Paxerahealth and our Service Providers might report about business activities and customers (you) to others, such as investors, auditors, potential business partners, or public communities. Reports will not include Personal Information without your specific permission or as permitted or required by law.

- Service Providers 

A Service Provider is an entity that is hired to perform certain functions for Paxerahealth to support the development, maintenance, and implementation of Paxerahealth.  Service Providers may include software or website designers and data storage providers.

- Security Measures 

Security measures can include computer safeguards, secured files, and employee security training. In addition, PaxeraShare may be required by law to notify you about particular data breaches.

C. What Information PaxeraShare Collects

1. Before you register for the Service, PaxeraShare may collect your information in two ways: (1) if you contact PaxeraShare through the Internet and provide PaxeraShare with your contact information (e.g., name, mailing address, email address and other information); (2) PaxeraShare may obtain your contact information from a healthcare Provider with which PaxeraShare partners. In either case, PaxeraShare will use such information for the sole purpose of informing you about the Service and inviting you to register for the Service.

2. To use the Service, you must complete the registration process, which includes accepting the Terms of Use and in the case of connecting to a Provider practice, signing an Authorization for Release of Information. As part of the registration process, you may be asked to provide certain information, such as your name, date of birth, cell phone, mailing address, and email address. You also may be asked to confirm the information that you or a partnering Provider has provided to PaxeraShare prior to registration, if any. Further, to register, you must agree to the PaxeraShare Terms of Use which incorporates this Privacy Policy. As part of the registration process, you will also have the opportunity to provide additional information to PaxeraShare, such as information regarding your health plan, home telephone number, etc. We recommend that you provide such information, as it will enhance your use of the Service.

3. In general, PaxeraShare collects all information that you supply directly to the Service. PaxeraShare also may collect information from participating Providers whom you expressly authorize to use the Service with respect to you and your information (each, a "Provider" and collectively, the "Providers"). By authorizing a Provider, you also authorize PaxeraShare to collect information regarding you from your Provider's support staff and from other practitioners affiliated with your Provider or in your Provider's practice. Further, PaxeraShare may collect information from other third party information providers that you expressly authorize to send information to your PaxeraShare account (e.g., the Apple HealthKit).

4. PaxeraShare passively collects information from you as you navigate through our Service. PaxeraShare may track IP addresses, use industry standard tracking devices (e.g., session and persistent cookies, flash cookies, web beacons), and electronically gather information about the technology you use to access the Service and the areas of the Service you utilize. PaxeraShare passively collects this information for operational purposes such as evaluating, updating and improving the Service. 

Cookies help us in many ways to make your visit to our websites more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. PaxeraShare may use such "cookie" technology to obtain non-personal information from you as an online visitor. As an example, this might entail recognizing several web page requests coming from the same computer and therefore the same visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. If you do not wish PaxeraShare to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Service may then be inaccessible and you may not receive the full benefits of the Service.

D. How PaxeraShare Uses Your Information

1. PaxeraShare uses your information to provide the Service as described on the web site and Terms of Use, as well as to enhance the performance of the Service and/or create new services. PaxeraShare will not use Personal Information for product development or product enhancement without your express, written permission. 

2. If you choose to authorize a Provider to participate in the Service with you, then PaxeraShare may use your information to facilitate the exchange of information and communication between you and your Provider (e.g., the Service would enable you to schedule an appointment with your Provider and receive an appointment reminder in return). 

3. Communications between you and your Provider may be initiated by you or your Provider. You are under no obligation to initiate or respond to such communications. By participating in such communications, you agree that some or all of your PHI Data contained in the PaxeraShare Universal Patient Engagement may be sent to your Provider through the Service or through interfaces with the Provider's information systems, and you agree that such PHI Data may be incorporated into your health record maintained by your Provider. PaxeraShare will not alter the content of the communications. However, PaxeraShare may remove or block any content that PaxeraShare deems offensive, indecent, or otherwise objectionable or in violation of section 15 of the Terms of Use. PaxeraShare may keep a record of all communications between you and your Providers. PaxeraShare will not share the content of such communications except as permitted under this Privacy Policy, the PaxeraShare Terms of Use, or as required by law, unless you expressly consent to or authorize disclosure.

4. PaxeraShare will not sell or rent, your Personal Information without your written consent. PaxeraShare will not use or disclose your Personal Information, except as described in this Privacy Policy, the Terms of Use, or as permitted or required by law.

5. If you elect to utilize any billing services features of the Service, PaxeraShare also may use your information to process payments, send invoices and conduct other billing-related activities as requested by you.

6. PaxeraShare will need your cell phone number to confirm activation of your account by sending access code via a text message but will never sell this cell phone number to any other 3^rd party for marketing reason. 

E. Sharing Your Information with Third Parties

1. PaxeraShare may make your Personal Information available to third parties participating in the Service that are authorized by you or as necessary to complete transactions you authorize.

2. PaxeraShare may disclose your Personal Information to PaxeraShare Service Providers that provide technical support or other services to PaxeraShare related to the Service. All such Service Providers are subject to confidentiality obligations and may only access and utilize your data for purposes of fulfilling their obligations to PaxeraShare.

3. PaxeraShare may provide or sell Aggregate Data that is de-identified to a third parties. However, Aggregate Data will not include any of your Personal Information or be individually identifiable. 

4. If a third party acquires the assets of PaxeraShare related to the Service and its products and services (whether by sale, merger, change of control, bankruptcy or otherwise), your Personal Information may be transferred to the new owner(s). In such case, your Personal Information would remain subject to the provisions of the PaxeraShare privacy policy that was in effect immediately prior to the transfer unless PaxeraShare provides you notice otherwise.

 

F. Choices You Have About How PaxeraShare Uses Your Information

1. Managing Your Account. You have the following choices regarding the Personal Information you provide to PaxeraShare for use: 

a. Generally, you may change how your information is used and disclosed through the account setting and account management features. As explained more fully in the Terms of Use, modifications to your PaxeraShare are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your PaxeraShare, you must inform the Provider or third-party of such changes. 

You may access your PaxeraShare account at any time to review your PHI Data. To request a change to any of your Personal Information, please contact your healthcare provider or the organization that provided the Personal Information for your PaxeraShare account. For technical questions related to the PaxeraShare product, please access the email support link on the PaxeraShare Support page. Our company may use and disclose your PHI to operate our business. As examples of the ways in which we may use and disclose your information for our operations, our company may use your PHI to evaluate the quality of care you received from facilities, or to conduct cost-management and business planning activities for you Physician. We may disclose your PHI to other health care providers and entities to assist in their health care operations

b. You may opt out of receiving communications from your Provider with regard to the Service by changing your account settings or, if the account settings feature is unavailable, by notifying PaxeraShare at customersupport@Paxerahealth.com. 

2. Authorized Individuals.  You may grant access to your PaxeraShare account to one or more Authorized Individuals or Authorized Individual-Representatives.  You may grant an Authorized Individual access to your PaxeraShare account by specifically authorizing PaxeraShare to permit access by such Authorized Individual to your PaxeraShare account.  When you grant access to an Authorized Individual, you may permit the Authorized Individual to:  (a)  have the same level of access to your PaxeraShare account as you have, i.e., the Authorized Individual will be authorized to access your PaxeraShare health record and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using PaxeraShare or (b) have "read-only" access to your PaxeraShare, i.e., the Authorized Individual will be authorized to access and read your PaxeraShare ONLY, and will NOT be able to communicate with or otherwise engage in transactions with your Providers.  Whether or not to grant an Authorized Individual full-access or read-only access to your PaxeraShare account is your decision.   You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) PaxeraShare has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual or Authorized Individual-Representative.

3. Deactivating a Provider, Other Third-Party or Authorized Individual. You may revoke any Provider's,  third-party's, or Authorized Individual's authorization to communicate with you, or request information from you or your PaxeraShare through the Service by utilizing the account management tool of the Service. Once revoked, the Provider, third-party, or Authorized Individual may no longer access and use the Service with respect to you and your Personal Information. Any disclosure of your PHI Data or Personal Information made prior to the authorization revocation cannot be recalled, removed, or retrieved by PaxeraShare.  By using the Service, you agree that PaxeraShare cannot, and has no obligation to, remove Personal Information from your Provider's, other third-party's or Authorized Individual's records once properly disclosed. 

4. Terminating Your Account. You may terminate your PaxeraShare account at any time by notifying us at customersupport@Paxerahealth.com. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, Paxerahealth will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death.  With respect to an Authorized Individual-Representative, Paxerahealth will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account.  Otherwise, Paxerahealth will maintain and/or destroy all PHI Data and Personal Information associated with your account in accordance with its then current document retention and destruction policies. Please note that copies of your Personal Information may remain in your Providers', other third-parties' and Authorized Individual-Representative's and/or Authorized Individual's records, as described in Section F.3, above. 

G. Data from Children Under the Age of 18

The Service is not intended for use by children younger than 18 years old. Paxerahealth will not knowingly collect information from site visitors younger than 18 years. However, parents or guardians may elect to establish PaxeraShare Universal Patient Engagements for their children through the Service as Authorized Individuals-Representative and, in doing so, expressly consent to Paxerahealth utilizing such information as set forth in this Privacy Policy and the Terms of Use.

An Authorized Individual-Representative may authorize and/or have access to a PaxeraShare for a Dependent.  Through the account, the Authorized Individual-Representative may:  (a) review and update the Dependent's personal health record as maintained on PaxeraShare and (b) engage in such communications and transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through the PaxeraShare.  Accounts created for Dependents are specific to each healthcare Provider.  Thus, an Authorized Individual-Representative will have to specifically authorize each Provider to establish a PaxeraShare account in the name of the Dependent.  A Dependent's PaxeraShare account will be linked to an Authorized Individual-Representative's PaxeraShare account until the earlier of the date:  (i) the Dependent reaches the age of 18; (ii) the Authorized Individual-Representative is no longer the legal representative of the Dependent; or, (iii) PaxeraShare is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative agrees that a Dependent's PaxeraShare account also may be linked to the Paxerahealth account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's PaxeraShare account.  

H. How PaxeraShare Protects Your Information

PaxeraShare uses both technical and procedural Security Measures to maintain the integrity and security of the PaxeraShare and other databases, including the use of firewalls. Paxerahealth encrypts all PHI Data during transmission between your Provider and PaxeraShare. Within PaxeraShare, all Personal Information is encrypted at three levels: each individual has a unique encryption key; demographic information is encrypted; and clinical data is separately encrypted. 

 

The safety and security of your Personal Information also depends on you. Never share your password with anyone else. Notify PaxeraShare promptly if you believe your password has been breached. Also, remember to log off of the PaxeraShare site before you leave your computer. Our company will use and disclose your PHI when we are required to do so by federal, state or local law.

 

I. Security Breach Notification Requirements

Pursuant to applicable law, PaxeraShare may be required to send you notice of security breaches or suspected security breaches that impact your Personal Information. In the unlikely event that PaxeraShare must provide you a notice of a security breach, PaxeraShare will send you security breach notices to the e-mail address contained in your account information unless we are otherwise require by law. Please note: many e-mail systems have built in SPAM filters. If you have one in place, you should check with your system administrator or the available instructions to confirm that e-mails from Paxerahealth are not blocked by the filter (e.g., by confirming that the Service domain name (Paxerahealth.com) is a permitted domain name.

J. Changes to this Privacy Policy 

PaxeraShare reserves the right to change the Privacy Policy in its sole discretion. In such case, PaxeraShare will post the new Privacy Policy on the web site and the effective date of the new Privacy Policy will be clearly marked. If PaxeraShare updates this Privacy Policy, your continued use of the Service (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy. Remember, by using any part of the Service, you accept and agree to our Privacy Policy and privacy practices. 

K. More information

If you have additional questions, please contact Paxerahealth any time. Or write to the company at:

Paxerahealth

Attention: Privacy Officer

300 Washington St.

Newton, MA 02458

Privacy@Paxerahealth.com

 

Date last modified: September 14^th , 2018

 

 

Privacy Policy

This Privacy Policy describes how paxeraHealth ("paxeraHealth") protects your personal information when you use this service on the App, the PaxeraShare platform and all related products and services (collectively, the "Service"). paxeraHealth is located at 300 Washington St., Newton 02458, MA. All references to paxeraHealth include its subsidiaries or affiliates involved in providing the Service. All references to you include your Authorized Individuals, if any. 

Your use of the Service is subject to this Privacy Policy as well as our Terms of Use. After reading this Privacy Policy, you will know:

1. Summary of Data Practices
2. Definitions
3. What information PaxeraShare Collects
4. How PaxeraShare Uses Your Information
5. How the Information is Shared with Third Parties
6. Choices You Have About How PaxeraShare Uses Your Information
7. What About Data from Children Under 18
8. How PaxeraShare Protects Your Information
9. How We Provide Required Notices of Security Breaches
10. How We May Change this Privacy Policy
11. How to Obtain More Information About this Privacy Policy

Please review this Privacy Policy and the Terms of Use carefully. If you do not agree with our practices, do not access or use any part of the Service.

A. Summary of Data Practices

	PHR Data
Release	Personal Information	Aggregate Data
Do we release your PHR Data for the following purposes?
Marketing and Advertising	No	No
Medical and pharmaceutical research	No	No
Reporting about our company and our customer activity	No	Yes
To your insurer and employer	No	No
For developing software applications	No	No
Do we require Limiting Agreements that restrict what third party Service Providers can do with your Personal Information?	Yes	N/A
Do we stop releasing your Personal Information if you close or transfer your PHR?	Yes	N/A
Do we have Security Measures that are reasonable and appropriate to protect PHR Data, in any form, from unauthorized access, disclosure, or use?	Yes	Yes
Do we store PHR Data in the U.S. only?	Yes	Yes
Do we keep Personal Information Activity Logs for your review?	Yes	N/A

 

B. Definitions

- Activity Logs 

Activity logs are PaxeraShare ’s and its Service Providers' records of when PHR Data is created, accessed, modified, deleted, released, or exported from and/or within the PHR.

- Aggregate Data 

Aggregate Data is PHR Data that is: (1) grouped so it does not connect to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data is de-identified data and cannot be used to identify you as an individual.

- Authorized Individuals  

An Authorized Individual is someone you authorize to access your PaxeraShare on your behalf.

- Dependent

A Dependent is a minor child or other individual over whom an Authorized Individual has legal authority.  

 

-  PHR 

"PHR" means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. The PaxeraShare is a PHR.

- PHR Data 

When you sign up for the PaxeraShare, you provide and/or you authorize all or some of your Providers to provide to thePaxeraShare information about you. This information makes up PHR Data.  Any information in the PaxeraShare is considered PHR Data.  PHR Data might include, but is not limited to the following:

·         Your name and contact information, such as your address, phone number, or email address

·         Your medical history, conditions, treatments, and medications

·         Your healthcare claims, health plan account numbers, bills, and insurance information

·         Demographic information, such as your age, gender, ethnicity, and occupation

·         Computer information, such as your IP address and "cookie" preferences

As described further below, PaxeraShare may use your PHR Data to achieve the following:

·         Operate and manage the PaxeraShare platform, software, and website

·         Maintain and protect its computer systems

·         Comply with the law, such as responding to subpoenas and search warrants

PHR Data includes Personal Information and Aggregate Data.

- Personal Information 

Personal Information means information about you that reasonably can be linked to you such as your name, health information, and other identifiers.  Personal Information may also include but is not limited to your financial information or social security number.

- Provider  

A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your PaxeraShare. When you sign up for the PaxeraShare, you may provide authorization for a healthcare practice or hospital, and associated authorized users to send Personal Information to your PHR.  

- Reporting 

PaxeraShare and our Service Providers might report about business activities and customers (you) to others, such as investors, auditors, potential business partners, or public communities. Reports will not include Personal Information without your specific permission or as permitted or required by law.

- Service Providers 

A Service Provider is an entity that is hired to perform certain functions for PaxeraShare to support the development, maintenance, and implementation of PaxeraShare.  Service Providers may include software or website designers and data storage providers.

- Security Measures 

Security measures can include computer safeguards, secured files, and employee security training. In addition, PaxeraShare may be required by law to notify you about particular data breaches.

C. What Information PaxeraShare Collects

1. Before you register for the Service, PaxeraShare may collect your information in two ways: (1) if you contact PaxeraShare through the Internet and provide PaxeraShare with your contact information (e.g., name, mailing address, email address and other information); (2) PaxeraShare may obtain your contact information from a healthcare Provider with which PaxeraShare partners. In either case, PaxeraShare will use such information for the sole purpose of informing you about the Service and inviting you to register for the Service.

2. To use the Service, you must complete the registration process, which includes accepting the Terms of Use and in the case of connecting to a Provider practice, signing an Authorization for Release of Information. As part of the registration process, you may be asked to provide certain information, such as your name, date of birth, cell phone, mailing address, and email address. You also may be asked to confirm the information that you or a partnering Provider has provided to PaxeraShare prior to registration, if any. Further, to register, you must agree to the PaxeraShare Terms of Use which incorporates this Privacy Policy. As part of the registration process, you will also have the opportunity to provide additional information to PaxeraShare such as information regarding your health plan, home telephone number, etc. We recommend that you provide such information, as it will enhance your use of the Service.

3. In general, PaxeraShare collects all information that you supply directly to the Service. PaxeraShare also may collect information from participating Providers whom you expressly authorize to use the Service with respect to you and your information (each, a "Provider" and collectively, the "Providers"). By authorizing a Provider, you also authorize PaxeraShare to collect information regarding you from your Provider's support staff and from other practitioners affiliated with your Provider or in your Provider's practice. Further, PaxeraShare may collect information from other third party information providers that you expressly authorize to send information to your PaxeraShare account (e.g., the Apple HealthKit).

4. PaxeraShare passively collects information from you as you navigate through our Service. PaxeraShare may track IP addresses, use industry standard tracking devices (e.g., session and persistent cookies, flash cookies, web beacons), and electronically gather information about the technology you use to access the Service and the areas of the Service you utilize. PaxeraShare passively collects this information for operational purposes such as evaluating, updating and improving the Service. 

Cookies help us in many ways to make your visit to our websites more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. PaxeraShare may use such "cookie" technology to obtain non-personal information from you as an online visitor. As an example, this might entail recognizing several web page requests coming from the same computer and therefore the same visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. If you do not wish PaxeraShare to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Service may then be inaccessible and you may not receive the full benefits of the Service.

D. How PaxeraShare Uses Your Information

1.PaxeraShare uses your information to provide the Service as described on the web site and Terms of Use, as well as to enhance the performance of the Service and/or create new services. PaxeraShare will not use Personal Information for product development or product enhancement without your express, written permission. 

2. If you choose to authorize a Provider to participate in the Service with you, then PaxeraShare may use your information to facilitate the exchange of information and communication between you and your Provider (e.g., the Service would enable you to schedule an appointment with your Provider and receive an appointment reminder in return). 

3.Communications between you and your Provider may be initiated by you or your Provider. You are under no obligation to initiate or respond to such communications. By participating in such communications, you agree that some or all of your PHR Data contained in the PaxeraShare may be sent to your Provider through the Service or through interfaces with the Provider's information systems, and you agree that such PHR Data may be incorporated into your health record maintained by your Provider. PaxeraShare will not alter the content of the communications. However, PaxeraShare may remove or block any content that PaxeraShare deems offensive, indecent, or otherwise objectionable or in violation of section 15 of the Terms of Use. PaxeraShare may keep a record of all communications between you and your Providers. PaxeraShare will not share the content of such communications except as permitted under this Privacy Policy, the PaxeraShare Terms of Use, or as required by law, unless you expressly consent to or authorize disclosure.

4. PaxeraShare will not sell or rent, your Personal Information without your written consent. PaxeraShare will not use or disclose your Personal Information, except as described in this Privacy Policy, the Terms of Use, or as permitted or required by law.

5. If you elect to utilize any billing services features of the Service, PaxeraShare also may use your information to process payments, send invoices and conduct other billing-related activities as requested by you.

6. PaxeraShare will need your cell phone number to confirm activation of your account by sending access code via a text message but will never sell this cell phone number to any other 3^rd party for marketing reason.

E. Sharing Your Information with Third Parties

1. PaxeraShare may make your Personal Information available to third parties participating in the Service that are authorized by you or as necessary to complete transactions you authorize.

2. PaxeraShare may disclose your Personal Information to PaxeraShare' Service Providers that provide technical support or other services to PaxeraShare related to the Service. All such Service Providers are subject to confidentiality obligations and may only access and utilize your data for purposes of fulfilling their obligations to PaxeraShare.

3. PaxeraShare may provide or sell Aggregate Data that is de-identified to a third parties. However, Aggregate Data will not include any of your Personal Information or be individually identifiable. 

4. If a third party acquires the assets of PaxeraShare related to the Service and its products and services (whether by sale, merger, change of control, bankruptcy or otherwise), your Personal Information may be transferred to the new owner(s). In such case, your Personal Information would remain subject to the provisions of the PaxeraShare privacy policy that was in effect immediately prior to the transfer unless PaxeraShare provides you notice otherwise.

F. Choices You Have About How PaxeraShare Uses Your Information

1. Managing Your Account. You have the following choices regarding the Personal Information you provide to PaxeraShare for use: 

a. Generally, you may change how your information is used and disclosed through the account setting and account management features. As explained more fully in the Terms of Use, modifications to your PaxeraShare are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your PaxeraShare, you must inform the Provider or third-party of such changes. 

You may access your PaxeraShare at any time to review your PHR Data. To request a change to any of your Personal Information, please contact your healthcare provider or the organization that provided the Personal Information for your PaxeraShare. For technical questions related to the PaxeraShare product, please access the email support link on the PaxeraHealth Support page.

b. You may opt out of receiving communications from your Provider with regard to the Service by changing your account settings or, if the account settings feature is unavailable, by notifying PaxeraShare at support@PaxeraHealth.com. 

2. Authorized Individuals.  You may grant access to your PaxeraShare to one or more Authorized Individuals or Authorized Individual-Representatives.  You may grant an Authorized Individual access to your PaxeraShare by specifically authorizing PaxeraShare to permit access by such Authorized Individual to your PaxeraShare account.  When you grant access to an Authorized Individual, you may permit the Authorized Individual to:  (a)  have the same level of access to your PaxeraShare as you have, i.e., the Authorized Individual will be authorized to access your PaxeraShare and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using PaxeraShare; or (b) have "read-only" access to your PaxeraShare account, i.e., the Authorized Individual will be authorized to access and read your PaxeraShare ONLY, and will NOT be able to communicate with or otherwise engage in transactions with your Providers.  Whether or not to grant an Authorized Individual full-access or read-only access to your PaxeraShare is your decision.   You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) PaxeraShare has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual or Authorized Individual-Representative.

3. Deactivating a Provider, Other Third-Party or Authorized Individual. You may revoke any Provider's,  third-party's, or Authorized Individual's authorization to communicate with you, or request information from you or your PaxeraShare through the Service by utilizing the account management tool of the Service. Once revoked, the Provider, third-party, or Authorized Individual may no longer access and use the Service with respect to you and your Personal Information. Any disclosure of your PHR Data or Personal Information made prior to the authorization revocation cannot be recalled, removed, or retrieved by PaxeraShare.  By using the Service, you agree that PaxeraShare cannot, and has no obligation to, remove Personal Information from your Provider's, other third-party's or Authorized Individual's records once properly disclosed. 

4. Terminating Your Account. You may terminate your PaxeraShare at any time by notifying us at support@PaxeraHealth.com. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, PaxeraShare will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death.  With respect to an Authorized Individual-Representative, PaxeraShare will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account.  Otherwise, PaxeraShare will maintain and/or destroy all PHR Data and Personal Information associated with your account in accordance with its then current document retention and destruction policies. Please note that copies of your Personal Information may remain in your Providers', other third-parties' and Authorized Individual-Representative's and/or Authorized Individual's records, as described in Section F.3, above. 

G. Data from Children Under the Age of 18

The Service is not intended for use by children younger than 18 years old. PaxeraShare will not knowingly collect information from site visitors younger than 18 years. However, parents or guardians may elect to establish PaxeraShare for their children through the Service as Authorized Individuals-Representative and, in doing so, expressly consent to PaxeraShare utilizing such information as set forth in this Privacy Policy and the Terms of Use.

An Authorized Individual-Representative may authorize and/or have access to a PaxeraShare for a Dependent.  Through the account, the Authorized Individual-Representative may:  (a) review and update the Dependent's personal health record as maintained on PaxeraShare; and (b) engage in such communications and transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through the PaxeraShare.  Accounts created for Dependents are specific to each healthcare Provider.  Thus, an Authorized Individual-Representative will have to specifically authorize each Provider to establish a PaxeraShare in the name of the Dependent.   A Dependent's PaxeraShare will be linked to an Authorized Individual-Representative's PaxeraShare until the earlier of the date:  (i) the Dependent reaches the age of 18; (ii) the Authorized Individual-Representative is no longer the legal representative of the Dependent; or, (iii) PaxeraShare is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative agrees that a Dependent's PaxeraShare also may be linked to the PaxeraShare of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's PaxeraShare.  

H. How PaxeraShare Protects Your Information

PaxeraShare uses both technical and procedural Security Measures to maintain the integrity and security of the PaxeraShare and other databases, including the use of firewalls. PaxeraShare encrypts all PHR Data during transmission between your Provider and PaxeraShare. Within PaxeraShare, all Personal Information is encrypted at three levels: each individual has a unique encryption key; demographic information is encrypted; and clinical data is separately encrypted. 

 

The safety and security of your Personal Information also depends on you. Never share your password with anyone else. Notify PaxeraShare promptly if you believe your password has been breached. Also, remember to log off of the PaxeraShare site before you leave your computer.

I. Security Breach Notification Requirements

Pursuant to applicable law, PaxeraShare may be required to send you notice of security breaches or suspected security breaches that impact your Personal Information. In the unlikely event that PaxeraShare must provide you a notice of a security breach, PaxeraShare will send you security breach notices to the e-mail address contained in your account information unless we are otherwise require by law. Please note: many e-mail systems have built in SPAM filters. If you have one in place, you should check with your system administrator or the available instructions to confirm that e-mails from PaxeraShare are not blocked by the filter (e.g., by confirming that the Service domain name (PaxeraHealthe.com) is a permitted domain name.

J. Changes to this Privacy Policy 

PaxeraShare reserves the right to change the Privacy Policy in its sole discretion. In such case, PaxeraShare will post the new Privacy Policy on the web site and the effective date of the new Privacy Policy will be clearly marked. If PaxeraShare updates this Privacy Policy, your continued use of the Service (following the posting of the revised Privacy Policy) means that you accept and agree to the terms of the revised Privacy Policy. Remember, by using any part of the Service, you accept and agree to our Privacy Policy and privacy practices. 

K. More information

If you have additional questions, please contact PaxeraShare any time. Or write to the company at:

Privacy Matters c/o PaxeraHealth 300 Washington st Suite 504 Newton, MA 02458 (USA)

Privacy@PaxeraHealth.com

 

Date last modified: September 14^th , 2018

 

 

PaxeraShare

Terms of Use

Welcome to the PaxeraShare. All users of this Mobile App or Portal, as well as the PaxeraShare and all related products and services (collectively, the "Service"), are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by PaxeraShare Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the PaxeraShare Privacy Policy, do not access or use any part of the Service.

1.  Definitions

(a) Aggregate Data .  Aggregate Data is PHR Data that: (1) has names and other identifiers removed or altered and (2) is grouped so it does not identify or connect to you as an individual. In other words, Aggregate Data is information that does not identify an individual Services user.

(b) Authorized Individuals. An Authorized Individual is an individual whom you authorize to access your PaxeraShare on your behalf.

(c) Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a PaxeraShare account on behalf of a Dependent and may include a parent, guardian, or other legal representative.

(d) Dependent. A Dependent is a minor child or other individual for whom an Authorized Individual-Representative is the legal representative.

(e) PHR.  "PHR" stands for Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. The PaxeraShare is available via mobile application and the Internet.

(f) PHR Data. PHR Data means any information in the PaxeraShare . PHR Data includes, but is not limited to the following:

·         Your name and contact information, such as your address, phone number, or email address

·         Your medical history, conditions, treatments, and medications

·         Your healthcare claims, health plan account numbers, bills, and insurance information

·         Demographic information, such as your age, gender, ethnicity, and occupation

·         Computer information, such as your IP address and "cookie" preferences

PHR Data includes Personal Information as defined at 1(f) and Aggregate Data as defined at 1(a).

(g) Personal Information. Personal Information includes your PHR Data, as well as any other information about you that can be reasonably linked to you, such as your name, health information, and other identifiers. Personal Information may also include but is not limited to your financial information or social security number.

(h) Provider . A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your PaxeraShare. When you sign up for the PaxeraShare, you may provide authorization for a healthcare practice or hospital, and associated authorized users, to send Personal Information to your PHR.

(i) Service . The Service includes the PaxeraShare and all related products and services.

(j) Service Provider. \ A Service Provider is an entity that is hired to perform certain functions for  PaxeraShare to support the development, maintenance, and implementation of PaxeraShare. Service Providers may include software or website designers and data storage providers.

2. Your Agreement with PaxeraShare

The Service is provided by PaxeraHealth, located at 300 Washington St, Suite 504, Newton, MA 02458 ("PaxeraHealth"). All references to PaxeraShare include its subsidiaries or affiliates involved in providing the Service. Your use of the Service is subject to these Terms of Use, the PaxeraShare Privacy Policy, and such other terms as you may agree to from time to time.

PaxeraShare may change these Terms of Use at any time by posting the amended Terms of Use to the PaxeraShare web site and providing a notice on the website that the Terms of Use has changed. If you do not agree to the Terms of Use as amended, you may stop using the Service and cancel your account. Your continued use of the Service after the date the amended Terms of Use is posted will constitute your acceptance of the amended Terms of Use.

3. Your Account

You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your passwords and for any use of your account.

PaxeraShare reserves the right to restrict who is eligible for an account. PaxeraShare reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. PaxeraShare may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority. PaxeraShare may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account. You also may permit your authorized health care providers to communicate with such Authorized Individuals about your health status.

4. Your Use of the Service

PaxeraShare currently provides you with general use of and access to the Service free of charge. However, PaxeraShare may charge fees for your use of certain features and functionality of the Service (e.g., transaction fees for content or specific services, such as web consultations or faxing). Additionally, if your authorized health care providers (each a "Provider" and collectively, the "Providers") utilize the billing services offered by the Service, such billing services may serve as a method of payment between you and your Providers.

Generally, at any time in its sole discretion, PaxeraShare may charge fees for access to all or any part of the Service. In no event will you be charged for access to the Service unless PaxeraShare obtains your prior agreement to pay for such access. All new fees, if any, will be posted in appropriate locations on the Service. PaxeraShare reserves the right to change its fees, if any, from time to time in its discretion.

5. Collection of Your Information

PHR Data may be entered into the Service directly by you personally or via data transfer from a third-party repository, such as your Provider's electronic health records or other third-party sources, as further described below. With respect to your PHR Data collected from third-party sources, PaxeraShare shall not collect such information without your specific, written authorization to do so. When you provide such authorization, you may also be asked to designate how often updated information may be transmitted from the applicable third-party source to the Service. Please note, if any PHR Data is released by an authorized third‑party source to the Service and later invalidated by the third-party source, PaxeraShare reserves the right at the request of the third‑party source, to remove that PHR Data from your PaxeraShare.

6.  Notifications of Account Modification

Modifications to your PaxeraShare record are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your PaxeraShare record, you must inform the Provider or third-party of such changes.

7. Not an Emergency Service  

Communications with Providers through PaxeraShare are not in "real-time", and should not be used for urgent or emergency situations. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

8. Use of Your Information

When you provide Personal Information through the Service, you provide PaxeraShare authorization to use and distribute it in connection with the Service.  PaxeraShare may use Personal Information only as permitted by the PaxeraShare Privacy Policy, these Terms of Use, and applicable law.

PaxeraShare is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. This includes, but is not limited to, storing your personal information on secure servers, using robust encryption technology, and requiring comprehensive security training for our workforce.

PaxeraShare may use non-identifiable anonymous data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Aggregate Data will be used to determine such things as user demographics and usage patterns for our services. PaxeraShare may use Aggregate Data within PaxeraShare to understand the needs of the PaxeraShare users and determine what kinds of programs and services we can offer to you.

As described further below, PaxeraShare may use your PHR Data to:

·         Operate and manage the PaxeraShare platform, software, and website

·         Maintain and protect its computer systems

·         Comply with the law, such as responding to subpoenas and search warrants  

9. Provider Access

As part of the Service, you may authorize your participating Providers to provide Personal Information about you from the Providers' electronic health records to the Service. You may use the Service to share certain Personal Information with such Providers. You may use the Service to communicate with such Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize a Provider to access your Personal Information in the Service and communicate with you via the Service that Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.

PaxeraShare relies on the Providers authorized by you to confirm that they meet the criteria for participating in the Service. You acknowledge and agree that PaxeraShare is not responsible for any such entity misidentifying itself or any misuse of the data by such health care providers or their authorized personnel. PaxeraShare' sole liability and sole responsibility shall be to discontinue access to any entity or individual which PaxeraShare learns misidentified itself/himself/herself or is otherwise misusing PHR Data.

You may revoke any Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) request information from you or your PaxeraShare through the Service; or (c) provide Personal Information to your PaxeraShare by utilizing the connection management features of the Service. However, copies of all of your Personal Information previously disclosed to such Providers, third parties, or Authorized Individuals and incorporated into such Providers', third-parties', or Authorized Individuals' records, if any, may remain in such records. PaxeraShare cannot, and has no obligation to, remove such information from the Provider's, third-parties, or Authorized Individuals' records.

PaxeraShare is relying on you to review and assess the qualifications of your Providers and to make appropriate decisions with respect to Authorized Individuals. PaxeraShare does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual.

10. Authorized Individuals

You may grant access to your PaxeraShare account to one or more Authorized Individuals. You may grant an Authorized Individual access to your PaxeraShare account by specifically authorizing PaxeraShare to permit access by such Authorized Individual to your PaxeraShare account. When you grant access to an Authorized Individual, you may permit the Authorized Individual either: (a) to have the same level of access to your PaxeraShare account as you have, i.e., the Authorized Individual shall be authorized to access your PaxeraShare and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using PaxeraShare; or (b) to have "read-only" access to your PaxeraShare account, i.e., the Authorized Individual shall be authorized to access your PaxeraShare ONLY, and shall NOT be able to communicate with or otherwise engage in transactions with your Providers. Whether or not you grant an Authorized Individual full-access or read-only access to your PaxeraShare account, only you will be able to establish or terminate connections with your Providers. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) PaxeraShare has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.

 

11. Authorized Individual-Representative

An Authorized Individual-Representative may authorize and/or have access to a PaxeraShare for a Dependent. Through the account, the Authorized Individual-Representative may be able to: (a) review and update the Dependent's personal health record as maintained on PaxeraShare; (b) communicate with the Dependent's Providers with regard to the Dependent's health status and otherwise; and (c) engage in such transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through the PaxeraShare. Accounts created for Dependents are specific to each health care Provider. Thus, an Authorized Individual-Representative will have to specifically authorize each Provider practice to establish a PaxeraShare account in the name of the Dependent. A Dependent's PaxeraShare account will be linked to an Authorized Individual-Representative's PaxeraShare account until the earlier of the date: (i) the minor Dependent reaches the age of 18, or (ii) PaxeraShare is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative understands that a Dependent's PaxeraShare account also may be linked to the PaxeraShare account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's PaxeraShare account. Each Authorized Individual-Representative agrees that if he or she becomes aware of any change in any Authorized Individual-Representative's relationship to the Dependent that may result in the Authorized Individual-Representative no longer qualifying as an Authorized Individual-Representative, the Authorized Individual-Representative will advise the Dependent's Providers of the same.

12. Third-party Content & Services

PaxeraShare may make third-party services available through the Service. For example, PaxeraShare may enable you to integrate your PaxeraShare with third-party personal health records. In order to use a specific available service, you must inform PaxeraShare that you would like to: (a) allow the third-party Service Provider to retrieve, provide, and/or modify PHR Data in your account or (b) otherwise share your PHR Data with the third-party Service Provider. Once you authorize a specific third-party Service Provider to access your account, the Service Provider may continue to access your account until you affirmatively disable access. Third-party Service Providers may include both Providers and other entities. You are solely responsible for reviewing and approving each such third-party before sharing your PHR Data through the Service or otherwise allowing them to access it. If you elect to use any service PaxeraShare adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties.

PaxeraShare is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. PaxeraShare further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. PaxeraShare MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

13. Not Medical Advice

You acknowledge and agree that neither PaxeraShare nor the Service offers medical advice. Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. PaxeraShare, its licensors and Service Providers are not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information within PaxeraShare. PaxeraShare is not responsible for any Provider's reliance or non-reliance on your PaxeraShare, Personal Information, PHR Data or the accuracy thereof.

14. Prescriptions

PaxeraShare may enable a tool within the Service that allows you review and/or request a renewal of prescriptions from your authorized Providers. If you use the Service to review or request a renewal of a prescription, you agree that it is up to you to (a) verify that you have obtained the intended prescription and medication; (b) review all accompanying labels, instructions and information; and (c) contact your Provider with any questions or concerns regarding your prescriptions. PaxeraShare, its licensors and Service Providers are not responsible for any inaccuracy in prescriptions, medications, or the way in which you take such medications.

15. PaxeraShare Proprietary Rights

PaxeraShare and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information and PHR Data, of your PaxeraShare. PaxeraShare grants you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms of Use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of PaxeraShare' or its licensors' proprietary material in the Service without the prior written consent of PaxeraShare. Except as expressly set forth herein, you have no right, title or license to any of PaxeraShare' or its licensors' intellectual property.

16. Restrictions on Use

Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post "spam," transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by PaxeraShare; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by PaxeraShare, may harm PaxeraShare or users of the Service or expose them to liability.

You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on PaxeraShare' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

17. Modification and Termination

PaxeraShare may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to the Personal Information and/or PHR Data in your PaxeraShare, if any, PaxeraShare may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. The connection to your Provider may be modified, suspended, or terminated by your Provider at any time and without notice, however, you will still have access to your PaxeraShare account. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, PaxeraShare will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, PaxeraShare will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service. PaxeraShare assumes no liability for any information removed from the Service. PaxeraShare also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.

You also have the right to terminate your PaxeraShare account. You may delete your PaxeraShare account at any time from the PaxeraShare App or Portal.

18. Exclusion of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER PaxeraShare NOR ANY OF PaxeraShare' LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PaxeraShare NOR ANY OF PaxeraShare' LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER PaxeraShare NOR ANY OF PaxeraShare' LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

19. Limitation of Liability

NEITHER PaxeraShare NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY PaxeraShare AND WHETHER OR NOT PaxeraShare HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER PaxeraShare NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

20. Law and Venue

These Terms of Use are governed by Massachusetts law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN SANGAMON COUNTY, ILLINOIS. YOU AND PaxeraShare CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

21. General Legal Terms

For purposes of clarification, these Terms of Use are for end users of the Service. From time-to-time, PaxeraShare may require licensees of components of the Service and other PaxeraShare offerings to enter into a separate agreement with PaxeraShare related to such components or offerings. If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service.

PaxeraShare' licensors and Service Providers are third-party beneficiaries to these Terms of Use. If PaxeraShare provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.

 

Date last modified: September 13^th , 2018