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Acceptance of Terms of Service
This Terms of Service ("TOS") is a legally binding agreement made by and between Dental Consent Cloud and its affiliates, ("Dental Consent Cloud", "we", "us" and "our"), and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, "you", "your", "yours"). This TOS governs your access to and use on dentalconsent.cloud or any other website owned, operated, licensed, or controlled by Dental Consent Cloud (the "website"), and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by Dental Consent Cloud (collectively with the website, the "Service").
BY ACCESSING OR USING ANY PART OF THE SERVICE, INCLUDING LINKING TO THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE SERVICES OR WEBSITE (INCLUDING THE PRIVACY POLICY), YOU ARE REQUIRED TO FOLLOW THOSE AS WELL. THOSE POLICIES AND GUIDELINES ARE INCORPORATED BY REFERENCE INTO THIS TOS. IF YOU DO NOT AGREE TO BE BOUND BY THE TOS AND TO FOLLOW ALL APPLICABLE LAWS, GUIDELINES AND POLICIES, DO NOT ACCESS OR USE THE SERVICES AND LEAVE THE WEBSITE IMMEDIATELY.
Dental Consent Cloud RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
Eligibility
You must be at least 18 years old to download and use the Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not visit the website or download or use the Service.
Use of the Software Generally
You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the website, and all applicable laws, regulations and rules when you use the website. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the website in the normal course of your use of the website.
Restrictions
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Service except as expressly provided in this TOS.
(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Service.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Service or create derivative works based on the Service.
(d) You agree that you shall only use the Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Service.
(f) We do not promote, recommend or condone use of the Service during other activities, such as the operation of machinery, where there is any risk of accident. You agree not to use the Service during such activities.
Mobile
Dental Consent Cloud may make the Service accessible on certain mobile devices. Please be aware that your carrier's normal rates and fees, such as text messaging and data fees, may apply.
Privacy Policy
The Service may store and provide to Dental Consent Cloud data about your interaction with the Service, including without limitation, data related to the content accessed while using the Service. Such information will be used only for the purposes of operating, providing and improving the Service and marketing the Service, but only to the extent such information is aggregated and anonymized. Such information is subject to the terms of Dental Consent Cloud's Privacy Policy, which is incorporated by reference into this TOS.
Electronic Communications
By downloading and/or using the Service, you consent to receiving electronic communications and notices from Dental Consent Cloud. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
Intellectual Property
Copyright. All materials on the website and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Dental Consent Cloud or its licensors.
Trademarks. Product names, logos, designs, titles, and words or phrases used on the Service, are owned by Dental Consent Cloud or its licensors. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Dental Consent Cloud or its licensors. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the website or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dental Consent Cloud under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Dental Consent Cloud does not waive any rights to use similar or related ideas previously known to Dental Consent Cloud, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
Linking and Framing. You may not frame, inline link, or similarly display any Dental Consent Cloud content or property, including, without limitation, the website.
Notice and Take Down Procedures And Copyright Agent
Dental Consent Cloud respects the intellectual property rights of others and expects its users to do the same. Dental Consent Cloud may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Dental Consent Cloud will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Services infringe your copyrights or trademark/service mark rights, please notify Dental Consent Cloud at support@dentalconsent.cloud, and provide the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and email address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that \"under penalty of perjury,\" you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.
Advertising/Third Party Offers
In connection with your use of the Service, the Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with Dental Consent Cloud. Dental Consent Cloud is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party. You expressly release Dental Consent Cloud from any and all liability arising from your use of any third-party website or services or third party owned content. We encourage you to be aware of when you leave the website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
Representations and Warranties
You represent and warrant to Dental Consent Cloud that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the website or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the website, including this TOS.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release Dental Consent Cloud, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney's fees, arising out of (i) your use or misuse of the Service, (ii) breach of any of this Agreement, or (iii) your violation of any applicable law or the rights of any other person or entity. Dental Consent Cloud reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Disclaimers, Exclusions, and Limitations
DISCLAIMER OF WARRANTIES. Dental Consent Cloud PROVIDES THE WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dental Consent Cloud DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) THAT ERRORS WILL BE CORRECTED. Dental Consent Cloud MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON- INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no event shall Dental Consent Cloud, its affiliates, associates, dealers, agents or suppliers be liable for any , indirect, exemplary, punitive, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the website or Services, regardless of the cause of action on which they are based, even if Dental Consent Cloud or such other entities have been advised of the possibility of such damages.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF Dental Consent Cloud IN CONNECTION WITH THIS TOS, THE WEBSITE OR SERVICES EXCEED $100.
ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OF RESIDENCE.
Technical Support
Dental Consent Cloud has no obligation to furnish you with technical support unless separately agreed in writing between you and Dental Consent Cloud.
International
The website and Services are controlled and operated from facilities in the United States. Dental Consent Cloud makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Force Majeure
Dental Consent Cloud will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Dental Consent Cloud to perform, fire, terrorism, natural disaster or war.
Disuptes; Limitations of Actions
If any dispute arises regarding this Agreement or the Service, you agree that the dispute will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Jackson County, Oregon. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the website or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Website or Service
Dental Consent Cloud may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the website or the Services, temporarily or permanently, at any time without notice to you, and Dental Consent Cloud will not be liable for doing so. Without limiting the foregoing, if you do not agree with any changes made to the website you may terminate your account as set forth below.
Termination
Your rights under this Agreement will automatically terminate without notice from Dental Consent Cloud if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Dental Consent Cloud may immediately restrict your access to the Service.
Effect of Termination. If your account is terminated, Dental Consent Cloud may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the website or Services on servers owned or operated for Dental Consent Cloud or otherwise in its possession, and Dental Consent Cloud will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the website or the Services. If your account or your access to the website or Services is terminated, Dental Consent Cloud reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the website or the Services, including, but not limited to, technological barriers, IP mapping and direct contact with your Internet Service Provider (ISP). If your account is terminated, you must immediately pay Dental Consent Cloud any fees that you owe it. Regardless of whether you have the right to access or use the website or the Services, this TOS will survive indefinitely unless and until Dental Consent Cloud chooses to terminate it.
Waiver
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Dental Consent Cloud as set forth above.
Dental Consent Cloud can be contacted by email at support@dentalconsent.cloud.
Dental Consent Cloud and its affiliates, (Dental Consent Cloud, "we", "us" and "our") is committed to guarding your privacy and the protection of your information. We actively maintain the security of our servers where your information is stored. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on dentalconsent.cloud or any other website owned, operated, licensed, or controlled by Dental Consent Cloud, and any associated software, website, web widgets, feeds and applications for third-party websites and services, and any other mobile or web services or applications owned, controlled, or offered by Dental Consent Cloud (collectively, the "Service").
This Privacy Policy is incorporated into and is subject to the Dental Consent Cloud Terms of Service. Your use of the Service and any personal information you provide on the Service remains subject to the Dental Consent Cloud Terms of Service. Any capitalized terms not defined in this Privacy Policy shall have the meanings ascribed to them in such Terms of Service.
What is Personal Information?
Personal information is information that specifically identifies an individual, such as a name, address, telephone number, email address, or other account number, and information about that individual's activities when directly linked to that person, such as information about his or her use of the Service. Personal information also includes demographic information, such as date of birth, gender, geographic location and preferences when such information is linked to other personal information that identifies you. Personal information does not include \"aggregate\" information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us and our third party advertisers understand trends and our users' needs so that we can better consider new features or otherwise tailor the Service for users like you.
Personal Information We Collect and How We Use It
We collect personal information in a number of ways when you visit the Service. For example, we collect personal information when you: (1) register and set up an account, (2) participate in an Dental Consent Cloud course, (3) interact on our forums or networking sites or (4) contact us by email for any reason. When you visit the Service, some information is also automatically collected, such as your computer's or mobile device's Internet Protocol (IP) address, your computer's or mobile device's operating system, the browser type, the address of a referring website, and the time and date of your visit and interactions with the Service. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Furthermore, if you make any purchases through the Service, billing and credit card information may be required. All such credit card transactions are fully encrypted and your billing and credit card information is collected and stored by us or a trusted third party. Any third party credit card vendor will be prohibited from using this information for any purpose other than storing the credit card.
While most of the information we collect is provided voluntarily by you, some of the information we collect may be collected automatically by use of a \"cookie.\" Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on our website and to personalize your experience with the Service. For instance, cookies may enable us to remember your viewing preferences without requiring you to re-type a user name and password. Cookies may also allow us to monitor your progress in a course or track your status when ordering products from us. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser's help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features on our Service. Please see the discussion below regarding Web Analytics for more opt-out information.
Using and Sharing of Your Information
We use the information that we collect to complete a contact or request, to provide the Service, to better understand your needs, to provide to Dental Consent Cloud marketing, to improve our products and services, and to contact you.
We are committed to protecting your personal information, and will not disclose your personal information except as set forth herein. We may share your information with subcontractors that provide us with services. These services may include, among other things, helping us provide the Dental Consent Cloud courses, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services or information from us, helping to provide marketing or solicitation materials for our products or services, and/or helping to process payment card information. You may choose to submit information as part of a course or online community offered by Dental Consent Cloud. Any information you choose to post, including personally identifiable information, may be available generally to the public, or to other members of the course or online community.
In addition, we may disclose personal information in the good faith belief that we are lawfully authorized to do so, or that doing so is reasonably necessary to comply with legal process or authorities, respond to any claims, or to protect the rights, property or personal safety of Dental Consent Cloud, our users, our employees or the public. Information about our users, including personal information, may be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets or acquisition.
Security
We have put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.
Control of Personal Information
We give you the opportunity to opt-out of receiving communications from us and to view, correct or remove your personal information.
If you want to view, correct or remove your personal information, some information may be accessed and changed or removed online or by contacting us at: support@dentalconsent.cloud. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to support@dentalconsent.cloud. We will promptly take action.
Web Analytics
We use Google Analytics to analyze usage and traffic to this website. The information we collect is used to learn how our clients and users can be met with more useful, timely, and appropriate design and content. You can further review what data is collected by reviewing the Google Privacy Policy.
Opt Out of Analytics
If you want to opt out of being part of the analytics we collect, simply follow these instructions:
To opt out of Google Analytics, please follow this link.
Policy Changes
We reserve the right to change this Policy at any time. We may use personal information for new, unanticipated uses not previously disclosed in this privacy policy. If our privacy practices change we will post the policy changes to the Service and notify you by indicating the date the privacy policy was last updated. We will also provide you with the ability to opt out of these new uses. We encourage you to check our website periodically if you are concerned about how your information is used.
Cookies consist of portions of code installed in the browser that assist the Owner in providing the Service according to the purposes described. Some of the purposes for which Cookies are installed may also require the User's consent.
Where the installation of Cookies is based on consent, such consent can be freely withdrawn at any time following the instructions provided in this document.
Technical Cookies and Cookies serving aggregated statistical purposes
Activity strictly necessary for the functioning of the Service
This Website uses Cookies to save the User's session and to carry out other activities that are strictly necessary for the operation of this Website, for example in relation to the distribution of traffic.Activity regarding the saving of preferences, optimization, and statistics
This Website uses Cookies to save browsing preferences and to optimize the User's browsing experience. Among these Cookies are, for example, those used for the setting of language and currency preferences or for the management of first party statistics employed directly by the Owner of the site.
Other types of Cookies or third parties that install Cookies
Some of the services listed below collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by the Owner - depending on how they are described - without the help of third parties.
If any third party operated services are listed among the tools below, these may be used to track Users' browsing habits - in addition to the information specified herein and without the Owner's knowledge. Please refer to the privacy policy of the listed services for detailed information.
Analytics
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google utilizes the Data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services.Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States - Privacy Policy - Opt Out. Privacy Shield participant.Content performance and features testing (A/B testing)
The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Website.Remarketing and behavioral targeting
This type of service allows this Website and its partners to inform, optimize and serve advertising based on past use of this Website by the User.This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.Facebook Remarketing (Facebook, Inc.)
Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Website with the Facebook advertising network.
Personal Data collected: Cookies and Usage Data.
Place of processing: United States - Privacy Policy - Opt Out. Privacy Shield participant.
How to provide or withdraw consent to the installation of Cookies
In addition to what is specified in this document, the User can manage preferences for Cookies directly from within their own browser and prevent - for example - third parties from installing Cookies.Through browser preferences, it is also possible to delete Cookies installed in the past, including the Cookies that may have saved the initial consent for the installation of Cookies by this website.Users can, for example, find information about how to manage Cookies in the most commonly used browsers at the following addresses: Google Chrome, Mozilla Firefox, Apple Safari and Microsoft Internet Explorer.
With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party's privacy policy, or by contacting the third party.
Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US) and the Digital Advertising Alliance (US), DAAC (Canada), DDAI (Japan) or other similar services. Such initiatives allow Users to select their tracking preferences for most of the advertising tools. The Owner thus recommends that Users make use of these resources in addition to the information provided in this document.
Owner and Data Controller
Owner contact email: support@dentalconsent.cloud
Since the installation of third-party Cookies and other tracking systems through the services used within this Website cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.
Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by this Website.
Definitions and legal references
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Usage Data
Information collected automatically through this Website (or third-party services employed in this Website), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the serve's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using this Website who, unless otherwise specified, coincides with the Data Subject.
Data Subject
The natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.
This Website (or this Application)
The means by which the Personal Data of the User is collected and processed.
Service
The service provided by this Website as described in the relative terms (if available) and on this site/application.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies
Small sets of data stored in the User's device.
Legal information
This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).
This privacy policy relates solely to this Website, if not stated otherwise within this document.
This BUSINESS ASSOCIATE AGREEMENT (this “BAA”) is by and between the customer who is a party to the Agreement defined below (“Covered Entity”) and Dental Consent Cloud L.L.C., a Washington limited liability company (“Business Associate”) (each a “Party”). Parties agree to the following:
Preamble and Definitions. The Parties are parties to a Service Agreement (the “Agreement”). Pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), this BAA addresses the HIPAA requirements with respect to “business associates,” as defined under the privacy, security, breach notification, and enforcement rules at 45 C.F.R. Part 160 and Part 164 (“HIPAA Rules”). A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended.This BAA is intended to ensure that Business Associate will establish and implement appropriate safeguards for the Protected Health Information (“PHI”) (as defined under the HIPAA Rules) that Business Associate may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that Business Associate performs for Covered Entity. Pursuant to changes required under the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”) and under the American Recovery and Reinvestment Act of 2009 (“ARRA”), this BAA also reflects federal breach notification requirements imposed on Business Associate when “Unsecured PHI” (as defined under the HIPAA Rules) is acquired by an unauthorized Party, and the expanded privacy and security provisions imposed on business associates. Unless the context clearly indicates otherwise, the following terms in this BAA shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, disclosure, Electronic Media, Electronic Protected Health Information (ePHI), Health Care Operations, individual, Minimum Necessary, Notice of Privacy Practices, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured PHI, and use.A reference in this BAA to the Privacy Rule means the Privacy Rule, in conformity with the regulations at 45 C.F.R. Parts 160-164 (the “Privacy Rule”) as interpreted under applicable regulations and guidance of general application published by HHS, including all amendments thereto for which compliance is required, as amended by the HITECH Act, ARRA, and the HIPAA Rules.General Obligations of Business Associate. Business Associate agrees not to use or disclose PHI, other than as permitted or required by this BAA or as Required By Law, or if such use or disclosure does not otherwise cause a Breach of Unsecured PHI. Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 C.F.R. Part 164 with respect to ePHI, to prevent use or disclosure of PHI other than as provided for by the BAA.Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate as a result of a use or disclosure of PHI by Business Associate in violation of this BAA’s requirements or that would otherwise cause a Breach of Unsecured PHI.Business Associate agrees to report to Covered Entity any Breach of Unsecured PHI not provided for by the BAA of which it becomes aware within 10 business days of “discovery” within the meaning of the HITECH Act. Such notice shall include, to the extent reasonably identifiable, the identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed in connection with such Breach. In addition, Business Associate shall provide any additional information reasonably requested by Covered Entity for purposes of investigating the Breach and any other available information that Covered Entity is required to include to the individual under 45 C.F.R. § 164.404(c) at the time of notification or promptly thereafter as information becomes available. Business Associate’s notification of a Breach of Unsecured PHI under this Section shall comply in all respects with each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA, the HIPAA Rules, and related guidance issued by the Secretary or the delegate of the Secretary from time to time.Business Associate agrees, in accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, to require that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information.Business Associate agrees to make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.524.Business Associate agrees to comply with an individual’s request to restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522, except where such use, disclosure, or request is required or permitted under applicable law.Business Associate agrees to charge fees related to providing individuals access to their PHI in accordance with 45 C.F.R. § 164.524(c)(4).Business Associate agrees that when requesting, using, or disclosing PHI in accordance with 45 C.F.R. § 164.502(b)(1) that such request, use, or disclosure shall be to the minimum extent necessary, including the use of a “limited data set” as defined in 45 C.F.R. § 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time.Business Associate agrees to make any amendments to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. § 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.526.Business Associate agrees to maintain and make available the information required to provide an accounting of disclosures to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.528.Business Associate agrees to make its internal practices, books, and records, including policies and procedures regarding PHI, relating to the use and disclosure of PHI and Breach of any Unsecured PHI received from Covered Entity, or created or received by the Business Associate on behalf of Covered Entity, available to Covered Entity (or the Secretary) for the purpose of Covered Entity or the Secretary determining compliance with the Privacy Rule (as defined in Section 8).To the extent that Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 C.F.R. Part 164, Business Associate agrees to comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s).Business Associate agrees to account for the following disclosures:Business Associate agrees to maintain and document disclosures of PHI and Breaches of Unsecured PHI and any information relating to the disclosure of PHI and Breach of Unsecured PHI in a manner as would be required for Covered Entity to respond to a request by an individual or the Secretary for an accounting of PHI disclosures and Breaches of Unsecured PHI.Business Associate agrees to provide to Covered Entity, or to an individual at Covered Entity’s request, information collected in accordance with this Section 2.11, to permit Covered Entity to respond to a request by an individual or the Secretary for an accounting of PHI disclosures and Breaches of Unsecured PHI.Business Associate agrees to account for any disclosure of PHI used or maintained as an Electronic Health Record (as defined in Section 5) (“EHR”) in a manner consistent with 45 C.F.R. § 164.528 and related guidance issued by the Secretary from time to time ; provided that an individual shall have the right to receive an accounting of disclosures of EHR by the Business Associate made on behalf of the Covered Entity only during the three years prior to the date on which the accounting is requested from Covered Entity.Business Associate agrees to comply with the “Prohibition on Sale of Electronic Health Records or Protected Health Information,” as provided in Section 13405(d) of Subtitle D (Privacy) of ARRA, and the “Conditions on Certain Contacts as Part of Health Care Operations,” as provided in Section 13406 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time.Business Associate acknowledges that, effective on the Effective Date of this BAA, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6, as amended, for failure to comply with any of the use and disclosure requirements of this BAA and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements.PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE.General Uses and Disclosures. Business Associate agrees to receive, create, use, or disclose PHI only in a manner that is consistent with this BAA, the Privacy Rule, or Security Rule (as defined in Section 5) and only in connection with providing services to Covered Entity; provided that the use or disclosure would not violate the Privacy Rule, including 45 C.F.R. § 164.504(e), if the use or disclosure would be done by Covered Entity. For example, the use and disclosure of PHI will be permitted for “treatment, payment, and health care operations,” in accordance with the Privacy Rule. Business Associate may use or disclose PHI as Required By Law.Business Associate agrees to make uses and disclosures and requests for PHI consistent with Covered Entity’s Minimum Necessary policies and procedures.Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by the Covered Entity.Except as otherwise provided in this BAA, Business Associate may use PHI for its proper management and administration or to carry out its legal responsibilities as permitted under applicable law.OBLIGATIONS OF COVERED ENTITY.Covered Entity shall:Provide Business Associate with the Notice of Privacy Practices that Covered Entity produces in accordance with the Privacy Rule, and any changes or limitations to such notice under 45 C.F.R. § 164.520, to the extent that such changes or limitations may affect Business Associate’s use or disclosure of PHI.Notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to or is required to comply with under 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI under this BAA.Notify Business Associate of any changes in or revocation of permission by an individual to use or disclose PHI, if such change or revocation may affect Business Associate’s permitted or required uses and disclosures of PHI under this BAA.Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy and Security Rule if done by Covered Entity, except as provided under Section 3 of this BAA.Compliance With Security Rule.Business Associate shall comply with the HIPAA Security Rule, which shall mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Part 160 and Subparts A and C of Part 164, as amended by ARRA and the HITECH Act. The term “Electronic Health Record” or “EHR” as used in this BAA shall mean an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.In accordance with the Security Rule, Business Associate agrees to:Implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R. § 164.310, the technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at 45 C.F.R. § 164.316, to reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity, and (b) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements;Require that any agent, including a Subcontractor, to whom it provides such PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; andReport to the Covered Entity any Security Incident of which it becomes aware.TERM AND TERMINATION.This BAA shall terminate on the earlier of the date that: Either Party terminates for cause as authorized under Section 6.2.All of the PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity. If it is not feasible to return or destroy PHI, protections are extended in accordance with Section 6.3.Upon either Party’s knowledge of material breach by the other Party, the non-breaching Party shall provide an opportunity for the breaching Party to cure the breach or end the violation; or terminate the BAA. If the breaching Party does not cure the breach or end the violation within a reasonable timeframe not to exceed 5 days from the notification of the breach, or if a material term of the BAA has been breached and a cure is not possible, the non-breaching Party may terminate this BAA and the Agreement, upon written notice to the other Party.Upon termination of this BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:Retain only that PHI that is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities.Return to Covered Entity or, if agreed to by Covered Entity, destroy the remaining PHI that the Business Associate still maintains in any form.Continue to use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to ePHI to prevent use or disclosure of the PHI, other than as provided for in this Section 7, for as long as Business Associate retains the PHI.Not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at paragraphs (2) and (3) above which applied prior to termination.Return to Covered Entity or, if agreed to by Covered Entity, destroy the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.The obligations of Business Associate under this Section 6 shall survive the termination of this BAA.Miscellaneous.The Parties agree to take such action as is necessary to amend this BAA to comply with the requirements of the Privacy Rule, the Security Rule, HIPAA, ARRA, the HITECH Act, the HIPAA Rules, and any other applicable law.This BAA shall be interpreted in the following manner:Any ambiguity shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules.Any inconsistency between the BAA’s provisions and the HIPAA Rules, including all amendments, as interpreted by the HHS, a court, or another regulatory agency with authority over the Parties, shall be interpreted according to the interpretation of the HHS, the court, or the regulatory agency.Any provision of this BAA that differs from those required by the HIPAA Rules, but is nonetheless permitted by the HIPAA Rules, shall be adhered to as stated in this BAA.This BAA constitutes the entire agreement between the Parties related to the subject matter of this BAA. This BAA supersedes all prior negotiations, discussions, representations, or proposals, whether oral or written. This BAA may not be modified unless done so in writing and signed by a duly authorized representative of both Parties. If any provision of this BAA, or part thereof, is found to be invalid, the remaining provisions shall remain in effect.This BAA will be binding on the successors and assigns of the Covered Entity and the Business Associate. However, this BAA may not be assigned, in whole or in part, without the written consent of the other Party. Any attempted assignment in violation of this provision shall be null and void.Except to the extent preempted by federal law, this BAA shall be governed by and construed in accordance with the laws of the state of Washington. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this BAA may be brought against any of the Parties in the courts of the State of Washington, County of King, and each of the Parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein.This BAA may be executed in two or more counterparts, each of which shall be deemed an original. This BAA (including by electronic signature) and consummation of the transactions contemplated by this BAA may be conducted by electronic means (the terms electronic signature and electronic being defined for purposes of this sentence in Washington’s Uniform Electronic Transactions Act).
The Parties have executed this BAA with the intent to be bound by it.