PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE,” “JOIN NOW,” “SIGN UP,” OR SIMILAR, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON YOUR EMPLOYER’S BEHALF.
These terms of service are between VitalTrax, LLC, a Pennsylvania corporation (VitalTrax), and the user or customer agreeing to these terms (Customer).
THE SERVICE AND SERVICE CONTENT.
These terms of service provide Customer access to and usage of an internet based website and service (Service) and information and data through the Service (Service Content). The Service Content may be PatientWing data or information, government records/public information, or a third party’s data or information, including other PatientWing customers’ information. This Service is separate and distinct from and not affiliated with the government web site, clinicaltrials.gov, though some of the Service Content is sourced from this government website.
Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify PatientWing promptly of any such unauthorized access; and (iv) may use the Service and Service content only in accordance with applicable law, and otherwise must comply with all applicable laws.
Customer Owned Data.
MEDICAL ADVICE DISCLAIMER. NOTHING IN THE SERVICE CONSTITUTES ACTUAL MEDICAL OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY PatientWing, OR ANY CONTENT PROVIDER. IF MEDICAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT MEDICAL PROFESSIONAL SHOULD BE SOUGHT. CUSTOMER ASSUMES ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICE AND SERVICE CONTENT, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON CONTENT.
DISCLAIMER OF WARRANTIES. PatientWing DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE AND USE MAY BE INTERRUPTED.
Access to Services
PatientWing does not provide Customer with the equipment to access the Services. Customer is responsible for all fees charged by third parties related to Customer access and use of the Services (e.g., charges by Internet service providers). PatientWing reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Service or Service Content without notice. PatientWing will not be liable to Customer or to any third party for any modification, suspension, or discontinuance of all or any portion of the Service or Service Content. PatientWing also reserves the right, in PatientWing's sole discretion, to reject, refuse to post, or remove any material that Customer posts or submits for posting, and to restrict, suspend, or terminate Customer’s access to the Service and Service Content at any time, for any or no reason, with or without prior notice, and without liability.
Links to third-party sites
The Service may contain links to third-party sites. Access to any website linked to the Service is not the responsibility of PatientWing and PatientWing is not responsible for the accuracy, or reliability of any content on such websites. Further, the presence of a link to a third-party site does not mean that PatientWing endorses that site, its products, or views expressed therein. PatientWing provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by PatientWing.
Reservation of rights
The software, workflow processes, user interface, designs and other technologies provided by PatientWing as part of the Service are the proprietary property of PatientWing and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with PatientWing. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. PatientWing reserves all rights unless expressly granted in this agreement.
Customer must comply with all applicable laws when using the Service and Service Content. Customer will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Service; (ii) store, copy, modify, distribute, or resell any Service Content or compile or collect any Service Content as part of a database or other work; (iii) use any automated tool (e.g., robots, spiders) or engage in “framing” or “mirroring” to access, use, or compete with the Service, or to store, copy, modify, distribute, or resell any Service Content; (iv) monitor the Service’s availability, performance or functionality for any competitive purpose; (v) use the Service or Service Content for any unlawful, illegitimate, or unintended purposes; (vi) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (vii) use the Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Service; (viii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Service or any Service Content; (ix) post any inaccurate, defamatory, obscene, hateful, threatening or otherwise inappropriate content; or (x) misrepresent Customer’s identity or create a false identity.
If Customer provides feedback or suggestions about the Service or Service Content, then PatientWing (and those it allows to use its technology) may use such information without obligation to Customer.
LIMIT OF LIABILITY. IN NO EVENT SHALL PatientWing BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE) FOR ANY USE OF THE SERVICE OR SERVICE CONTENT OR ANY HYPERLINKED WEBSITE OR SERVICE INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PatientWing WEBSITE OR THE SERVICE. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE SERVICE CONTENT OR OTHER DOCUMENTS OR INFORMATION PRESENT IN THE SERVICE (INCLUDING ANY INFORMATION POSTED OR PLACED BY ANYONE OTHER THAN PatientWing), EVEN IF PatientWing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CAP ON PatientWing's LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE IS LIMITED TO $100.
To the extent allowed by law, if any third-party brings a claim against PatientWing related to Customer Data or Customer acts or omissions within the Service, Customer must defend, indemnify and hold PatientWing harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
GOVERNING LAW AND JURISDICTION
- Customers In the US. For Customers located in the United States, these terms of service are governed by the laws of the Commonwealth of Pennsylvania (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of these terms of service. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Philadelphia County, Pennsylvania, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
- Customers Located Outside the US. For Customers located outside the United States, these terms of service are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. Any dispute between Customer and PatientWing arising out of or related to these terms of service must be exclusively determined by binding arbitration in Philadelphia County, Pennsylvania under the then current international rules of the American Arbitration Association. Nothing in this agreement prevents either party from seeking injunctive relief in any court of competent jurisdiction. The prevailing party in any arbitration or litigation is entitled to recover its attorneys’ fees and costs from the other party.
Failure by PatientWing to enforce any right or provision of these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by PatientWing in writing. In the event that a court of competent jurisdiction finds any provision of these terms of service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
Survival of terms and entire agreement
The terms and conditions which by their nature are intended to survive termination of these terms shall survive, including Customer Owned Data, Restrictions, Disclaimer of Warranties, Feedback, Customer Indemnity, and Limitation of Liability. These terms of service constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in these terms of service. No representation, promise or inducement not included in these terms of service is binding.
Privacy Notice – Prospective Clinical Trial Participants in the USA
The PatientWing community engagement and study enrollment pre-screening website at www.patientwing.com (the "Website") provides initial information about clinical trials that we are sponsoring and for which we are looking for participants, and allows you to register as a potential participant in these clinical trials. Comprehensive information about the clinical trials will be provided to you by healthcare professionals if you are eligible to participate in the clinical trials. This Privacy Notice sets out how we use and protect any personal information we collect through this Website.
The Website is hosted by VitalTrax, LLC, a Pennsylvania corporation limited liability company doing business as PatientWing (PatientWing), a patient recruitment company. PatientWing is the system for the purpose of providing and administering the Website platform and the associated collection and processing of your Personal Data for clinical trials.
If you have any questions about our collection of your Personal Data (as defined below), please contact us at email@example.com.
Any data collected through the Website, including Personal Data, is only used to determine your eligibility for participation in clinical trials we run and to maintain the Website. Once collected, Personal Data will not be used for a different incompatible purpose without your knowledge and, where required by law, consent.
We take the protection of data privacy very seriously. All Personal Data collected through the Website will only be used and disclosed as set out in this Privacy Notice. Applicable data protection laws shall be respected in full.
Please note: Access to and use of the Website are not intended for use by anyone younger than the age of 18 and we do not knowingly collect Personal Data from individuals younger than the age of 18.
Please read this Privacy Notice thoroughly. If you disagree with the way Personal Data will be used, please do not use this Website or provide your Personal Data through the Website.
1. Purpose of data collection
The main purpose for the collection of Personal Data through the Website is to determine if you are eligible to participate in an advertised clinical trial and, if so, to share your Personal Data with healthcare professionals (investigators and members of the study team) involved in conducting that clinical trial. We will assess the Personal Data you provide to determine whether you are eligible for the clinical trial in which you express interest.
With your consent, if you initially are determined to be ineligible for the clinical trial, we may use your Personal Data to contact you by telephone, sms/text or email periodically until enrollment in the clinical trial has completed to re-assess your eligibility. You may unsubscribe from such communications at any time by contacting firstname.lastname@example.org.
With your consent, as an additional purpose, we will also use your Personal Data to determine whether you are eligible for any other or future clinical trials we conduct in which you have not specifically expressed interest. If you consent, we may contact you by telephone, sms/text or email about other or future clinical trials in order to provide you with relevant information about such trials. You may unsubscribe from receiving this information about other or future clinical trials at any time by contacting email@example.com.
We may use automated analysis tools to determine whether you are eligible to participate in our clinical trials, which will look at the eligibility requirements of the particular clinical trial and the information you have provided. This may result in you being declared ineligible for a trial in which you expressed interest or eligible for a trial in which you did not specifically express interest. We may use the Personal Data that you provide to contact you to ask if you would like to see if you are eligible for a different trial.
- We may also use your Personal Data where it is necessary for us to comply with any legal obligations to which we are subject, to exercise our legal rights or to protect ourselves or any other person when reasonably required.
- In order to meet their contractual security obligations to us, PatientWing also collects collect data (including Personal Data) for website security and maintenance purposes but they use such data in statistical and anonymised form as far as possible.
- In order to provide services to us, PatientWing also may use your Personal Data for purposes of contacting you about your use of the Websites and to respond to your communications and requests. If you enroll in a clinical trial and expressly consent to receiving study information and messages, PatientWing will provide you with appointment reminders, study instructions, and other important study instructions. In addition, PatientWing may exchange relevant health information with the study doctor and staff in order to provide these services.
Please note that where you have given your consent to any use of your Personal Data, you can withdraw or revoke this consent at any time by contacting firstname.lastname@example.org.
2. What Personal Data do we collect and process?
Personal Data means any information relating to an identified or identifiable natural person (i.e. living individual). For California residents, Personal Data includes all personal information as defined in the California Consumer Privacy Act (CCPA) – specifically, it includes information relating to a particular household as well as a natural person. For purposes of this Privacy Notice, Personal Data is limited to information about you that is collected through the Website.
We collect the following Personal Data through the Website:
- Your Personal Contact Details
We collect certain personal details such as your name, location, email address and telephone number.
- Your Health Information
We collect details about your health and any conditions you may have, as well as details of clinical trials you have participated in in the past. We also collect your date of birth so we can determine if you are in the age range eligible for participation in particular clinical trials.
- Browsing Information
3. With whom do we share Personal Data?
Where you are considered to be eligible for one of our trials, we may share your Personal Data with the relevant third-party healthcare professionals (investigator or members of the investigations team) who are carrying out that clinical trial. We may also share your Personal Data with a clinical research organization (CRO) that provides support in conducting the trial.
In such cases, when we share your Personal Data with these healthcare professionals and CRO, they will provide you with the information leaflet together with an informed consent form which sets out the required information about the clinical trial and a separate privacy notice which sets out how they will use your Personal Data.
We may also share your Personal Data to the fullest extent permitted by law with:
- Law enforcement agencies, courts, regulators, government authorities or any other third parties where this is necessary to comply with a legal or regulatory obligation, or necessary to protect our rights or those of a third party.
- Successors to our business. We may share your Personal Data with any third party that purchases, or to which we transfer, all or substantially all of our assets and business, or that enters into a strategic business relationship with us relating to investigational products that are the subject of our clinical trials. Should such a sale, transfer or strategic relationship occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your Personal Data uses it in a manner consistent with this Privacy Notice.
We will not disclose your Personal Data to anyone else except where we have separately informed you, and where necessary obtained your consent, or as otherwise stated in this Privacy Notice.
4. Who is processing the Personal Data?
As mentioned at the beginning of this Notice, the services and information provided though this Website are provided by PatientWing, a clinical study recruitment company. PatientWing is a system for the purpose of supplying and administering the Websites platform and the associated collection and processing of your Personal Data. PatientWing may in turn engage subcontractors, for example to provide hosting of the Websites and data storage. Any processing of the Personal Data by these parties is ultimately in accordance with our instructions.
We may also engage call centre service providers to help us contact you about the running of the clinical trial.
Where the services of third parties for the technical maintenance, administration or processing of data are required, the Personal Data will be accessed by these parties only to the extent that is required to ensure a smooth and secure technical handling of the Website and in compliance with applicable law, including with respect to data confidentiality, privacy and security. You can obtain a list of contractors by contacting PatientWing at email@example.com.
5. Retention of Personal Data
Personal Data will be stored by us in accordance with our applicable data retention requirements and corporate policies. When determining how long to retain your Personal Data, we take into account our legal obligations and regulators' expectations.
6. Data Security
We use a variety of methods, such as firewalls, encryption technologies, intrusion detection software and manual security procedures that reflect industry standards, to secure your data against loss or damage and to help protect the accuracy and security of Personal Data and to prevent unauthorised access or improper use. In particular, whenever you are sending Personal Data to us through the Website, your Personal Data (including your health information) is protected by Secure Sockets Layer (SSL) technology. We also restrict the access of our employees or contractors to your Personal Data on a need to know basis, with different levels of access authorisations and we keep a record of access logs.
However, please note that no Internet or Wi-Fi transmission can ever by 100% guaranteed as secure and so we encourage you to take care when disclosing Personal Data online and to use readily available tools, such as Internet firewalls, anti-virus and anti-spyware software and similar technologies to protect yourself online.
If you think that the Website or any Personal Data is not secure or that there has been unauthorised access to either the Website or your Personal Data, please contact firstname.lastname@example.org immediately.
Please note that we treat Personal Data as strictly confidential, and will only disclose it as explained in this Privacy Notice.
Some web browsers may be configured to send 'Do Not Track' signals to the websites that you visit. There is no consensus among industry participants as to what 'Do Not Track' means in this context. Like many websites, the Website does not alter practices when a 'Do Not Track' signal is received from a visitor's browser. To find out more about 'Do Not Track', please visit www.allaboutdnt.co
We use the following types of cookies:
You can find more information about the individual cookies we use and the purposes for which we use them below.
Cookies created by PatientWing
This website will set some cookies that are essential for the website to operate correctly. These cookies, none of which capture personally identifiable information, are as follows:
- Visitor ID – this cookie is a numeric value that identifies unique visitors and provides coherence and consistency to a site visit;
- Page Number – this cookie identifies the page you are on;
- Session ID – this cookie identifies your website session;
- Test – this cookie checks whether or not your browser supports cookies;
Our websites will set several types of third-party cookies. The third-party cookies which may be set include:
You can block cookies by responding to our cookie popup on your browser which turns of all PatientWing and third-party cookies. However, if you block cookies (including essential cookies) you may not be able to access all or parts of our site.
9. California Residents
California Consumer Privacy Act Rights. Under the CCPA, California residents have certain rights regarding their Personal Data. If you are a California resident and would like to exercise these rights on or after January 1, 2020, please contact email@example.com. For your own privacy and security we may require you to prove your identity before providing the requested information, as provided for by the CCPA. It may take us some time to respond to your request, but we will do so within the requirements of the CCPA.
This Privacy and Cookies Notice provides you disclosure regarding the Personal Data we collect from you and the purposes for doing so. The CCPA grants you specific rights, including the following:
Right to Know. You have the right to request the following information (much of which is already provided in this Notice):
- The categories of Personal Data we have collected about you. (See “What Personal Data do we collect and process” section.)
- The categories of sources from which the Personal Data was collected. (See “What Personal Data do we collect and process” section.)
- The business purpose for collecting the Personal Data. (See “Purpose of data collection” section.)
- The categories of third parties with whom we have shared the Personal Data. (See “With whom do we share Personal Data?” section for general information about this.)
- The specific pieces of Personal Data we have collected about you. (See “What Personal Data do we collect and process” section.)
The CCPA also provides the right to opt out of the sale of your Personal Data, when applicable. However, we do not sell your Personal Data, so this right is not relevant.
Right to Request Deletion: Upon a verifiable request, made through one of the methods provided within the “Contact Us” section below, we will delete Personal Data we have regarding you and direct our service providers to delete your Personal Data from their records, to the extent required by the CCPA. Please note that PatientWing may be required or permitted by law to not remove (or allow removal) of your Personal Data.
Right to Be Free from Discrimination: PatientWing will not discriminate against you for exercising any of your rights under the CCPA.
Information We May Need From You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). We may make this request directly if you have contacted us, or through PatientWing if that is more appropriate. Our request for information to confirm your identity is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond. We will respond to all legitimate requests within forty-five (45) days, or as permitted by the CCPA.
CCPA Contact Information. To exercise your rights under the CCPA, please contact firstname.lastname@example.org.
10. Nevada Residents
We do not sell Covered Information as defined under Nevada law. If you would like to make a further inquiry regarding the selling of your Covered Information, as defined under Nevada law, please contact email@example.com.
11. Notification of Changes
Should we wish to change this Privacy Notice, if you have already provided Personal Data through this Website, we will contact you to inform you of the new Privacy Notice and, in some circumstances, we may need to obtain your consent to the changes. In other circumstances, any such changes to this Privacy Notice will be promptly communicated on this page and you should check back to see whether there are any changes. If material changes are made to this Privacy Notice, we will notify you by placing a prominent notice on the Website and bringing these changes to your attention by email where reasonably possible for us to do so. We reserve the right to update and amend this Privacy Notice without prior notice to reflect legal and regulatory changes. Continued use of the Website after a change in the Privacy Notice indicates your acknowledgement of the use of Personal Data in accordance with the amended Privacy Notice.
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12. Further Information
3675 Market St
PatientWing - Suite 200
Philadelphia, PA, 19104
ATTN: Data Protection Officer