Point of Care Network,
LLC 501 Main Street,
Boonton,
NJ 07005,
info@pointofcarenetwork.com,
1-800-POCN-173
Point of Care Network, LLC
Links contain the various user agreements and policies including those applicable to California residents. by using our websites, affiliates and services, you are to the terms and conditions outlined in the agreements below.
Privacy Policy
Effective date: August 17, 2020
General Statement
Point of Care Network, LLC is the most trusted and preferred Network for Advanced Practice Providers. Our Mission is to support and bring attention to this important group of healthcare providers.
This Privacy Policy applies to all Services and websites that are offered and provided by Point of Care Network, LLC, its divisions and its affiliates.
If you are a California resident, the collection, use and disclosure of your personal information, as well as your individual rights, are subject to our Privacy Statement – California.
This Privacy Policy describes the privacy practices of Point Of Care Network LLC (POCN) and its affiliates (referred to collectively as “Point Of Care Network,” “us,” “we” and “our”) in relation to your use of our websites, mobile applications and other resources intended for use by healthcare professionals and which we refer to as the “Point Of Care Network,” including the information and services made available to users such as medical news, reference content, clinical tools, applications, sponsored programs, advertising, email communications, continuing medical education, market research opportunities clinical trials research opportunities, employment opportunities and discussion forums (collectively, the “Services”).
Please read this Privacy Policy carefully so You understand how POCN processes and protects Your information and also in order to ensure that the benefits and obligations of membership are understood. We also encourage members talk to us with any questions, comments or suggestions having read this Privacy Policy.
Our Privacy Policy
We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this policy. We provide the Services as a professional resource intended to support healthcare professionals in their efforts to network among their peers, increase their earnings and research opportunities and to provide high-quality medical care to patients. As a member, You can choose whether or not you want to use the Services. If you do choose to use the Services, you must agree to the Point of Care Network Terms of Use which is a contract between us and users of the Services. By agreeing to the Point of Care Network Terms of Use, you confirm that you have read and understood this Privacy Policy which explains how we collect, disclose, transfer, secure and use information about you in connection with your use of the Services and the rights and choices you have regarding these activities. If you do not want us to collect and use information about you as described in this Privacy Policy, then you should not use the Services.
By using the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.Point of Care Network LLC is the controller of the personal information that we collect about you as described in this Privacy Policy.
Information about your use of the Services is collected as follows:
- Registration Information. In order to use the Services, you are required to register an account and provide certain personal information such as your name, email address, zip/postal code, profession, occupation, specialty and depending on your state of practice, your medical license number or equivalent. You may choose to update or supplement the personal information that you provided at registration at any time through your account settings.
- Services Information. We collect and store information about your use of the Services, such as your engagement with sponsored programs from our partners, which may include pharmaceutical companies such as whether you opened a particular email, clicked on a link, and how often and when you engage with the Services. We also collect information about your device when you access the Services including IP address, browser information (including referring URL), cookie information and advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device). We use cookies and other tracking technologies, such as pixels, tags, web beacons and software development kits, to collect the information about your use of the Services and your device. For more information about our use of cookies and other tracking technologies in relation to your use of the Point of Care Network, see our Cookie Policy.
- Market Research. You may be invited to participate in market research surveys conducted by us or on our behalf for our own internal business purposes and also market research surveys conducted by or on behalf of third party sponsors that commissioned the survey. For some surveys, you may be asked to provide personal information for re-contact (e.g., by e-mail or phone) or payment fulfillment purposes.
- Public Forums. When you post a comment on a discussion board or other public forum, by default your username, specialty and degree will be displayed within the forum along with your comment. You may choose to display additional information in your public forum profile, including a photo, by adjusting your discussion profile settings. Information that you post within a public forum is public information and may be used by us and third parties, as further described in the Point of Care of Network Terms of Use.
- Information and Registration Forms. From time to time we may offer you the opportunity to receive additional information or services from us or from third parties, including our partners (e.g., sample request, sales rep visit, direct marketing, etc.), or to register to attend live events, either in-person or via webcasts. If you wish to participate in such opportunities, you may be asked to provide personal information to fulfill the request. Unless otherwise specified in the request form, we may use such information as described in this Privacy Policy and the third party, if applicable, will be required to use such personal information as described at the point of collection.
Information from Third Party Sources.
- In order to provide services, we might need to obtain additional information about you from third party sources.
- Non-registered Users. You must register with the Point of Care Network to access all of the Services. Even if you have not registered, we collect information about your use of the Services through the use of cookies and other tracking technologies. The information we collect includes the referring website, if applicable, the type of browser you use, the material viewed and the time and date that you accessed the Services.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).Personally, identifiable information may include but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Information about you may be used for the following purposes:
• Provision of the Services. We may use the information collected about you to provide and improve the Services, and to develop new Services.
• Member Profiles. We may associate information that we have collected about your use of the Services with your registration information and any other information we have about you, as described in this Privacy Policy, thereby creating a profile of you that we may update from time to time (“Member Profile”).
• Communications. By registering as a member of the Point of Care Network LLC, you agree to the use of your registration information and other information collected about you as described in this Privacy Policy to communicate with you about the Services and other information that may be of interest to you. These communications may be conveyed through a variety of channels, subject to applicable law, including emails and may contain advertisements and other promotional materials from third party sponsors, including pharmaceutical companies.
• Personalize the Services Including Advertising. We may personalize the Services, including the advertising you see within the Point of Care Network LLC, and in our email communications, based on information included in your Member Profile.
For example, a user who Point of Care Network believes is a Prenatal NP or who has browsed pediatrics content with the Point of Care Network LLC may be served an advertisement promoting a particular Prenatal product within the Point of Care Network LLC, or within an email that a user who Point of Care Network believes is a Prenatal NP.
Advertisers may use their own cookies and other tracking technologies in the advertisements served to you through the Services, some of which may enable the advertiser to obtain personal information that can be used to specifically identify you, including the fact that you saw the advertisement, to the extent that you have separately provided consent to the advertiser or to the third party providing the tracking technology. Some advertisers use companies other than Point of Care Network to serve their advertisements on their behalf and to monitor users’ responses to these advertisements through the use of cookies and other tracking technologies. While Point of Care Network generally permits the use of third party tracking technologies based on an understanding that they comply with the Point of Care Network Advertising Policy, we do not have control over these third parties’ use of cookies and other tracking technologies or how they manage the information they gather through them and Point of Care Network may be unable to verify compliance with the Point of Care Network Advertising Policy.
• Verification Purposes. We may use your information in conjunction with information from third parties to recognize you as a registered member when you visit one of our properties and to verify your identity and/or professional credentials. We may require you to provide proof of your identity, including that you are a healthcare professional, and if you are unable to do so to our reasonable satisfaction, we reserve the right to deny you access to the Services. While we take steps to verify that our members who identify as healthcare professionals are actually healthcare professionals, we make no guarantee as to their identity, professional credentials or licensure status.
• Account Management. We may use your information to administer your account, respond to your inquiries, fulfill your requests and send you administrative communications about the Services.
• Investigations. We may use your information to detect, investigate and defend against the fraudulent or unlawful activity, violations of the Medscape Terms of Use and to otherwise establish, exercise and defend our legal rights.
Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Point Of Care Network LLC uses the collected data for various purposes, the purposes for which we may Process User Information, subject to applicable law, include:
• Provision of the Services to You: providing the Services to you from Point of Care Network LLC or its partners including (i) offering of contests, as well as chat areas, forums, and communities, (ii) offering patient assistance tools, (iii) facilitating collaboration between physicians, healthcare professionals, and organizations to form connections, learn and collaborate; (iv) verification of the identity of members who have self-identified as a healthcare professional; (v) management of your account, and (vi) customer support and relationship management.
• Offering and Improving the Services: operating and managing the Services for you; providing personalized content to you; communicating and interacting with you via the Services; identifying issues with the Services and planning improvements to or creating new Services; and notifying you of changes to any of our Services.
• Verification of Healthcare Professionals: using information supplied to us by you as well as a variety of data we license, we utilize the Verification Details to confirm users’ identity and/or license status. We reserve the right to ask for proof of your certification as a healthcare professional. If our verification process reveals that you are not a fully licensed healthcare professional, your request to participate or continue participation in some of our programs and services may be denied. While we take steps to verify members we make no guarantee or representation as to the identity or licensed status of any member or user.
• Facilitation of Continuing Medical Education (“CME or CE”): provision of CME credits by accredited partners of Point of Care Network LLC, including the offering of educational activities and provision of clinical and policy content and related coverage in some parts of the Service that are open only to eligible healthcare professionals.
• Job Listings: operating and managing the Services to allow you to post your resume online and apply for healthcare positions offered by prospective employers; if we have the geographic location that may be used to help you search for jobs in your area.
• Surveys: engaging with you for the purposes of obtaining your views on our Services or to understand and report on industry trends.
• Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) regarding content and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
• Advertising: provision of advertising by Point of Care Network LLC based on your interests and interactions with the Services and Channels, including using User Information to serve you advertisements on the Services used as well as licensing segments of User Information to third parties.
• Audience Engagement: identification and development of audience engagement, advertising and promotional strategies on various platforms and channels, both within the Service and on Channels.
• User Engagement: tracking traffic and activity across the Service, including review of your browsing history (if available); provision of analytics and measurement of cost of traffic.
• Lead Generation: business-to-business lead generation in the provision of leads to customers to improve customer’s target marketing campaigns and services through different strategies. This includes generating leads through phone calls and email newsletter marketing to drive you to content, such as white papers and webinars, offered by Point of Care Network LLC, whereupon your contact information will be shared with our customer.
• IT Administration: administration of Point of Care Network’s information technology systems; network and device administration; network and device security; implementing data security and information systems policies; compliance audits in relation to internal policies; identification and mitigation of fraudulent activity; and compliance with legal requirements.
• Security: electronic security measures (including monitoring of login records and access details) to help mitigate the risk of and provide the ability to identify and rectify a security incident.
• Financial Management: general business and financial management purposes, including economic, financial and administrative management; planning and reporting; personnel development; sales; accounting; finance; corporate audit; and compliance with legal requirements.
• Investigations: detecting, investigating and preventing breaches of policy, and criminal offenses, in accordance with applicable law.
• Legal Proceedings: establishing, exercising and defending legal rights.
• Legal Compliance: Subject to applicable law, we reserve the right to release information concerning any user of Services when we have grounds to believe that the user is in violation of our Terms of Use or other published guidelines or has engaged in (or we have grounds to believe is engaging in) any illegal activity, and to release information in response to court and governmental orders, other requests from government entities, civil subpoenas, discovery requests and otherwise as required by law or regulatory obligations. We also may release information about users when we believe in good faith that such release is in the interest of protecting the rights, property, safety or security of Point of Care Network LLC, any of our users or the public, or to respond to an emergency.
• Direct Marketing: We may Process your User Information to contact you via email, telephone, direct mail, or other methods of communication to provide you with information regarding the Services that may be of interest to you. We may send information to you regarding the Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
• California Residents: If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For more information relevant to our users who are California residents, please click here.
• You may unsubscribe from our newsletter or alert lists at any time by following the unsubscribe instructions included in every email we send. We will not send you any emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any other Services you have requested or for additional emails you have signed up for. If you have provided more than one email address to us, you may continue to be contacted unless you request to unsubscribe each email address you have provided.
• Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), the Point Of Care Network LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Point Of Care Network LLC may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- To comply with the law
Retention of Data
Point Of Care Network LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
Point Of Care Network LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
How We Share Your Information
We may share information with certain third parties, including vendors providing contracted services to us, such as hosting vendors, advertising service providers, data analytics and customer support providers, IT service providers, and list managers. When requested by you, we may also share your information with medical credentialing and accreditation organizations in connection with our continuing medical education offerings. These providers and organizations are obligated to maintain your personal information as confidential and have access to your personal information only as necessary to perform their requested function on your behalf. We may also report aggregate information about usage to third parties, including our service providers and advertisers.
Advertising and Sponsored Programs . We may provide your participation in sponsored content and an identifier to third party sponsors of advertisements and Sponsored Programs, subject to applicable law. Specifically, when you are exposed to an advertisement through the Services, whether on one of our websites or apps, in an email or through some other means, or when you engage in a Sponsored Program, e.g., access a sponsored information resource, open one of our sponsored emails, Point of Care Network may provide your name, address, identifier and usage information, such as your name and specialty (but not your email or postal address) to the applicable sponsor and/or its agents on the sponsor’s behalf. We may also provide such third parties with details about your engagement with the advertisement or Sponsored Program (e.g., whether you viewed or otherwise interacted with certain content), your answers to any questions contained in the Sponsored Program and information about you that we have received from third parties. Additionally, when you register as a member of the Point of Care Network, we may provide your name, address, identifier and usage information (but not your email or postal address) to potential sponsors of advertisements and Sponsored Programs that may be offered or provided to you through the Services, subject to applicable law. Except as otherwise provided by applicable law, we are not responsible for how these third parties use your information. All advertisements and Sponsored Programs (including any links to Sponsored Programs) made available within the Point of Care Network, including through emails, will be identified to you by the label Advertisement, Information from Industry, Sponsored, Point of Care Network Professional or some similar designation indicating that the content, which may pertain to a particular medical condition, therapy, product or service, has been selected by a third-party sponsor.
Advertisement Servers and Third-Party Tracking
Some of the advertisements included on the Services offered are delivered or served by third parties that may collect anonymous information. These third parties may place or recognize cookies, pixel tags, web beacons or other technology to track anonymous information, in part, to measure and analyze the efficacy of the advertising they place at the Services. These third parties also may have the ability to link the information they collect when you use the Services, such as the identifier for the device you are using, with other information they collect elsewhere on the Internet to gain additional insights into their target audience.
WHAT SECURITY MEASURES ARE USED?
We endeavor to keep your personal information confidential and protected against unauthorized access, misuse or alteration with commercially reasonable physical, technical, and administrative measures. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of electronic data nor can we guarantee that the information you supply will not be intercepted.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Point Of Care Network LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Business Transaction
If Point Of Care Network LLC is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement
Under certain circumstances, Point Of Care Network LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Point Of Care Network LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Point Of Care Network LLC
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Point Of Care Network LLC aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data. The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Point Of Care Network LLC relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?
Behavioral Remarketing
Point Of Care Network LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc. You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement
Twitter remarketing service is provided by Twitter Inc. You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405 You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, please contact us: • By email: Privacy@pointofcarenetwork.com
POCN Terms of Use
Effective date: July 30, 2020
lease read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using websites and affiliates (the “Services”) operated by Point of Care Network LLC (“us”, “we”, or “our”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Services.
Communications
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
By posting Content on or through the Services, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services.
You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
Point of Care Network LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through these Services are the property of Point of Care Network LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party Services.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@pointofcarenetwork.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at dmca@pointofcarenetwork.com
Intellectual Property
The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Point of Care Network LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Services without the prior written consent of Point of Care Network LLC.
Links To Other Web Sites
Our Services may contain links to third-party web sites or Services that are not owned or controlled by Point of Care Network LLC
Point of Care Network LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Point of Care Network LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third-party web sites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Services that you visit.
Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Point of Care Network LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Services.
Limitation Of Liability
In no event shall Point of Care Network LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Services is at your sole risk. The Services is provided on an “AS IS” and “AS AVAILABLE” basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Point of Care Network LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components, or d) the results of using the Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Contact Us
If you have any questions about these Terms, please contact us.
Cookie Policy
Effective date: December 31, 2019
Point of Care Network LLC (“us”, “we”, or “our”) uses cookies on its websites and affiliates (the “Services”). By using the Services, you consent to the use of cookies.
Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Services, your choices regarding cookies and further information about cookies.
What are cookies
Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Services or a third-party to recognize you and make your next visit easier and the Services more useful to you.
Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.
How Point of Care Network LLC uses cookies
When you use and access the Services, we may place a number of cookies files in your web browser.
We use cookies for the following purposes:
1. Necessary functionality: These Cookie Technologies are essential to enable you to navigate the Point of Care Network LLC properties, affiliates and access the Services in a safe and secure manner.
2. Important functionality: These Cookie Technologies help us authenticate registered members, remember your profession, specialty, preferences and content interests so that we can provide an enhanced and more personalized user experience.
3. Performance and Analytics: These Cookie Technologies provide data on how the Services are functioning to help us improve the performance of the Services and the user experience.
4. Advertising/Marketing Services: These Cookie Technologies enable us and our advertising partners to deliver advertisements within the Point of Care Network LLC Network and on third party sites that are more relevant to you and your interests based on your member registration information, content browsing activity, use of the Services and in some cases, other information about you that we or our advertisers have obtained from other sources. Cookie Technologies may be used to limit the number of times you see a particular advertisement and to measure of the effectiveness of a promotional campaign.
We use both session and persistent cookies on the Services and we use different types of cookies to run the Services:
Essential cookies. We may use cookies to remember information that changes the way the Services behaves or looks, such as a user’s language preference on the Services.
Accounts-related cookies. We may use accounts-related cookies to authenticate users and prevent fraudulent use of user accounts. We may use these cookies to remember information that changes the way the Services behaves or looks, such as the “remember me” functionality.
Analytics cookies. We may use analytics cookies to track information about how the Services are used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Services to see how our users react to them.
Third-party cookies
In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Services, deliver advertisements on and through the Services, and so on.
What are your choices regarding cookies
If you’d like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
For the Safari web browser, please visit this page from Apple:
https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser’s official web pages.
Where can you find more information about cookies
You can learn more about cookies and the following third-party websites:
AllAboutCookies: http://www.allaboutcookies.org/
Network Advertising Initiative: http://www.networkadvertising.org/
Effective date: August 17, 2020This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Point of Care Network LLC and its affiliates (collectively, “we,” “us,” or “our”) and applies solely to our users who are residents of the State of California (“consumers” or “you”) in relation to your use of our websites, mobile applications and other resources intended for use by healthcare professionals and which we refer to as the “Point of Care Network,” including the information and services made available to users of the Point of Care Network, such as medical news, reference content, clinical tools, applications, sponsored programs, advertising, email communications, continuing medical education, market research opportunities and discussion forums (collectively, the “Services”).We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in our Privacy Policy or in the CCPA have the same meaning when used in this notice.Information we collect.We have collected the following categories of information from consumers within the last twelve (12) months:
Category | Examples | Collected |
A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. |
Yes |
B. Personal information listed under Cal. Civ. Code § 1798.80(e). |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
No |
C. Protected classification characteristics under California or federal law. |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
No |
D. Commercial Information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes |
E. Biometric Information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
No |
F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. |
Yes |
G. Geolocation data. | Physical location or movements. | Yes |
H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. |
No |
I. Professional or employment-related information. | Current or past job history or performance evaluations. | Yes |
J. Non-public education information. | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
No |
K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Yes |
Certain information that we collect identifies, relates to, describes, references is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household(“personal information”).
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information included in categories D and G is collected and used in a de-identified and/or aggregated manner.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Categories of sources from which information is collected.
As described in our Privacy Policy, we may obtain the categories of personal information listed above from the following categories of sources:
- Directly from you, such as when you register with us.
- Indirectly from you, such as information we may collect in the course
of providing the Services. - Directly and indirectly from your activity on our Sites and Apps, as
described below under Personalize the Services. - From third parties that interact with us in connection with the
Services, such as from governmental entities or from other third party
sources to verify and update your registration information, for
research purposes or to personalize the Services, including
advertising.
Use of personal information.
Each of categories A, B, F, I and K described above may be used for the following business purposes:
- Provision of the Services We may use your name, address, identifier and usage information information to provide and improve the Services, and to develop new Services
- Member Profiles We may associate your name, address, identifier and usage information information with respect to your use of the Services with your registration information and any other information we have about you, as described in this privacy notice, thereby creating a profile of you that we may update from time to time (“Member Profile”).
- Communications By registering as a member of the Point of Care Network, we may use of your registration information and other information collected about you as described in this privacy notice to communicate with you about the Services and other information that may be of interest to you. These communications may be conveyed through a variety of channels, subject to applicable law, including emails and may contain advertisements and other promotional materials from third party sponsors, including pharmaceutical companies.
- Name, address, identifier and usage informationize the Services We may name, address, identifier and usage informationize the Services, including the advertising you see within the Point of Care Network, on third party websites and in our email communications, based on information included in your Member Profile. For example, a user who Point of Care Network believes is a Prenatal NP or who has browsed pediatrics content with the Point of Care Network may be served an email promoting a particular pediatric product or diner meeting within the Point of Care Network, however, if Point of Care Network does not believe you are a Prenatal NP you will not see the targeted content. Marketing partners may use their own cookies and other tracking technologies in the advertisements served to you through the Services, some of which may enable the advertiser to obtain name, address, identifier and usage information information that can be used to specifically identify you, including the fact that you saw the advertisement, to the extent that you have separately provided consent to the advertiser or to the third party providing the tracking technology. Some advertisers use companies other than Point of Care Network to serve their advertisements on their behalf and to monitor users’ responses to these advertisements through the use of cookies and other tracking technologies. While Point of Care Network generally permits the use of third party tracking technologies based on an understanding that they comply with the Point of Care Network Advertising Policy, we do not have control over these third parties’ use of cookies and other tracking technologies or how they manage the information they gather through them and Point of Care Network may be unable to verify compliance with the Point of Care Network Advertising Policy.
- Verification Purposes We may use your information in conjunction with information from third parties to recognize you as a registered member when you visit one of our properties and to verify your identity and/or professional credentials. We may require you to provide proof of your identity, including that you are a healthcare professional, and if you are unable to do so to our reasonable satisfaction, we reserve the right to deny you access to the Services. While we take steps to verify that our members who identify as healthcare professionals are actually healthcare professionals, we make no guarantee as to their identity, professional credentials or licensure status.
- Account Management We may use your information to administer your account, respond to your inquiries, fulfill your requests and send you administrative communications about the Services
- Investigations We may use your information to detect, investigate and defend against fraudulent or unlawful activity, violations of the Medscape Terms of Use and to otherwise establish, exercise and defend our legal rights.
Sharing your name, address, identifier and usage information information
Name, address, identifier and usage information information disclosed for a business purpose
- Service Providers We work with third party service providers to help us provide the Services and to otherwise assist us in the operation of the Point of Care Network, including in the areas of email management and deployment, analytics, marketing, advertising, market research, sweepstakes and contest administration, identity and professional credential validation, content distribution, customer service, payment fulfillment, event logistics, website maintenance and data storage and security. We may provide these service providers with name, address, identifier and usage information information about users of our Services so that they can fulfill their responsibilities to us, and we require that they agree to limit their use of this name, address, identifier and usage information information to the fulfillment of these responsibilities.
- Advertising and Sponsored Programs We may provide your participation in sponsored content and an identifier to third party sponsors of advertisements and Sponsored Programs, subject to applicable law. Specifically, when you are exposed to an advertisement through the Services, whether on one of our websites or apps, in an email or through some other means, or when you engage in a Sponsored Program, e.g., access a sponsored information resource, open one of our sponsored emails, Point of Care Network may provide your name, address, identifier and usage information information, such as your name and specialty (but not your email or postal address) to the applicable sponsor and/or its agents on the sponsor’s behalf. We may also provide such third parties with details about your engagement with the advertisement or Sponsored Program (e.g., whether you viewed or otherwise interacted with certain content), your answers to any questions contained in the Sponsored Program and information about you that we have received from third parties. Additionally, when you register as a member of the Point of Care Network, we may provide your name, address, identifier and usage information information (but not your email or postal address) to potential sponsors of advertisements and Sponsored Programs that may be offered or provided to you through the Services, subject to applicable law. Except as otherwise provided by applicable law, we are not responsible for how these third parties use your information. All advertisements and Sponsored Programs (including any links to Sponsored Programs) made available within the Point of Care Network, including through emails, will be identified to you by the label Advertisement, Information from Industry, Sponsored, Point of Care Network Professional or some similar designation indicating that the content, which may pertain to a particular medical condition, therapy, product or service, has been selected by a third-party sponsor.
- Member Profiles Subject to applicable law, Point of Care Network may provide Member Profiles, and portions thereof, (excluding contact information and information about your participation in specific named CME and CE activities) to third parties, including our advertising customers, which these third parties may use for their business purposes including marketing.
- Market Research If you receive remuneration for participating in a market research program offered through our Services, we may provide your name and address to our payment fulfillment vendor so that it can process and deliver your payment to you and for its recordkeeping and regulatory compliance purposes, and also to the program sponsor (or the market research company acting on its behalf) for its recordkeeping and regulatory compliance purposes. If you choose to access a survey that is conducted by a third-party market research company, we may identify you to this company. Sometimes market research companies send us lists of individuals they wish to reach with particular market research opportunities, and we may inform these companies which of these individuals are members of the Point of Care Network so that they can manage their recruitment needs accordingly. Also, certain market research opportunities require us or the market research company to contact you directly to conduct the survey, including by telephone. We will inform you in the research invitation if you will be required to provide additional contact information, e.g., phone number, to participate so that you can decide at that time if you wish to proceed with the opportunity. We do not disclose your survey responses to the sponsor in a manner that identifies you.
- Continuing Medical Education Point of Care Network LLC, may provide your name and identifying information to accredited providers that certify CME/CE offered through the Services as required to process your credits, fulfill their reporting obligations to the relevant accreditation bodies, and for their internal recordkeeping and regulatory purposes. Commercial supporters of CME/CE activities receive only aggregated data about the activities that they support including participation and outcomes measurement reports. We may share your name, address, identifier and usage information information among our affiliates for the purpose of sending you a survey with respect to a CME/CE activity.
- Adverse Event Reporting If you provide us information about an adverse event regarding a pharmaceutical product or medical device, we may be required to report such information along with your contact information to the manufacturer as required for it to fulfill its reporting obligations to the applicable regulatory authority. If you do not want this information reported to the applicable manufacturer and regulatory authority, then do not provide us with adverse event information
- Consent We may disclose your name, address, identifier and usage information information to a third party in a manner not addressed by this privacy notice subject to your consent at such time.
- Aggregated Information We may provide aggregated information about users of our Services to third parties as we deem appropriate in our sole discretion. For example, we may tell a customer what percentage of registered users of the Point of Care Network reside in a particular geographical area or specialize in a particular clinical area, or what percentage of participants in a market research survey selected a particular response to a survey question.
- Social Widgets We may include social widgets within our websites and apps which enable you to interact with the associated social media services, e.g., to share an article. These widgets may collect browsing data which may be received by the third party that provided the widget, and are controlled by these third parties. You may be able to manage your privacy preferences directly with the applicable social network platform.
- Business Transfers and Affiliates We may share your information with any member of our group of companies (partnering companies) for their use for the purposes set forth in this privacy notice, including to market to you through a variety of channels as described herein, subject to applicable law.
- Legal Requirements We may release your name and address when we believe release (i) is required to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order and to meet national security or law enforcement requirements; or (ii) is reasonable in response to a physical threat to you or others, to protect property or defend or assert legal rights of us or others.
In the preceding twelve (12) months, we may have disclosed your name, address, identifier and usage information information included in each of categories A, B, F, I and K for each business purpose described above depending on your use of the Services described herein.
We disclose your name, address, identifier and usage information information for a business purpose to the following categories of third parties: (i) service providers, and (ii) third parties to whom you or your agents authorize us to disclose your name, address, identifier and usage information information in connection with the Services.
Name and address information “provided” to third parties
As described above under Name, address, identifier and usage informationize the Services and Advertising and Sponsored Programs, we may share information that we have about you with third party advertising partners who may use this information, on our behalf, to help us deliver advertising throughout the Point of Care Network as well as on third party websites.
In the preceding twelve (12) months, we may have made available to third parties your name, address, identifier and usage information information included in each of categories A, B, F, I and K described above for name, address, identifier and usage informationization and advertising services depending on your use of the Services described herein
For more information about our use of cookies and other tracking technologies, please read our Cookie Policy.
We do not sell the personal information of consumers that we know are minors under 16 years of age without affirmative authorization as required under the CCPA.
Your rights
The CCPA provides California consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to specific information and data portability rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- the categories of personal information we collected about you.
- the categories of sources for the personal information we collected about you.
- our business or commercial purpose for collecting or selling that personal information.
- the categories of third parties with whom we share that personal information.
- the specific pieces of personal information we collected about you (also called a data portability request).
- if we sold or disclosed your name, address, identifier and usage information information for a business purpose, two separate lists disclosing:
- sharings, identifying the name, address, identifier and usage information information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the name, address, identifier and usage information information categories that each category of recipient obtained.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
Deletion rights
You have the right to request that we delete any of your name, address, identifier and usage information information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your name, address, identifier and usage information information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- detect security incidents, protect against malicious, deceptive,fraudulent, or illegal activity, or prosecute those responsible forsuch activities.
- debug products to identify and repair errors that impair existing intended functionality.
- exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- comply with the California Electronic Communications Privacy Act (Cal.Penal Code § 1546 seq.).
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- comply with a legal obligation.
- make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to opt out of the sharing of your name, address, identifier and usage information information
You have the right to opt out of the sharing of your name, address and service usage information subject to certain exclusions as described below. Once we receive your request, we will not sell your name, address, identifier and usage information information, unless an exclusion applies. We may request that you authorize the sharing of your name, address, identifier and usage information information after 12 months following your opt-out.
The CCPA excludes certain transfers of your personal information from what constitutes a sale thereof:
- As directed by you:
- When you direct us to intentionally disclose your personal information or use the Services to intentionally interact with us or a third party (provided that third party does not sell your personal information, unless that disclosure would be consistent with the CCPA).
- Opt-out signal:
- We may share an identifier for you if you have opted out of the sharing of your name, address, identifier and usage information information for the purposes of alerting third parties of your election.
- Service provider:
- We may share your personal information with a service provider that is necessary to perform a business purpose as described above if both of the following conditions are met:
- we provide notice of the sharing and your opt-out right as described herein.
- the service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose.
- We may share your personal information with a service provider that is necessary to perform a business purpose as described above if both of the following conditions are met:
- Change of control:
- We may transfer to a third party your personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction subject to certain requirements described in the CCPA.
We are unable to process opt-out requests across devices or the Apps for advertising services described herein. For example, if you opt out on your browser, we are not able to honor that request if you are using one of our Apps due to our practices and the limitations described above. Please see
below on how to opt out across devices.
Exercising access, data portability and deletion rights
To exercise the access, data portability and deletion rights described above, please submit a request to us at: Privacy@pointofcarenetwork.com
- Calling us at 1-800-POCN-173.
By calling the toll-free number or using the above form, you will be asked to provide certain identifying information, such as name, email, residency and date of birth, which we will only use to process or verify your request. You will be asked to validate your request by clicking a validation link in an email that will be sent to the email address provided.
The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
If you are exercising your right to access, portability or deletion, you may be asked to provide further verifying documentation, such as proof of residency and identity.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you are making a request through an authorized agent acting on your behalf, such authorized agent must provide proof of written authorization to do so, and you must verify your identity directly with us, unless such authorized agent provides proof of a power of attorney pursuant to Probate Code sections 4000 to 4465.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Exercising opt-out right
Most browser software can be set to reject all cookies, including third party cookies, however, if you choose to reject our cookies, your ability to access and use the Services will be limited. Typically the cookie settings are within the “options” or “preferences” menu in your browser.The links below provide information about cookie settings for some commonly used browsers:
You can opt-out of interest-based advertising on the Sites by rejecting cookies and through
preferences manager.Please note that even if you reject cookies and opt-out of interest-based advertising, you will continue to receive generic advertisements through the Services. You can learn more about managing your preferences for ads online, particularly for many third-party advertising networks, through resources made available by the Digital Advertising Alliance at https://www.aboutads.info/or the Network Advertising Initiative at https://optout.networkadvertising.org . Note that if you delete cookies, use a different device, or change web browsers, you may need to opt out again.
You may control interest-based advertising on your mobile device by enabling the “Limit Ad Tracking” setting in your iOS device’s settings or “Opt out of Ads Personalization” in your Android device’s settings. This will not prevent you from seeing advertisements, but will limit the use of device advertising identifiers to personalize ads based on your interests. You also may disable the transmission of precise location information through your device settings.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will cover a period of no less than 12 months preceding the receipt of a
verifiable consumer request. The response we provide will explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal
information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your
request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may provide a different level of Services if the difference is reasonably related to value provided by your data.
Changes to this privacy notice
We reserve the right to change or modify this privacy notice and any of our Services at any time and any changes will be effective upon being posted unless we advise otherwise. By continuing to use the Services after changes are made to this privacy notice, you agree to such changes. We encourage you to periodically review this privacy notice for the latest information on our privacy practices.
Contact information
Please send us an email by using the Contact Us link at the bottom of every page of the Point of Care Network Sites if you have any questions about this privacy notice or the personal information, we maintain about you. We will respond to your request within a reasonable timeframe.
You can also contact Point of Care Network’s Privacy Office at:
Point of Care Network LLC
Attn: Office of Privacy
4 Campus Drive, Suite 302
Parsippany, NJ 07054
Phone: 1-800-POCN-173
Effective Date: January 1, 2020
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