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VOW TERMS OF SERVICE
Effective Date: May 1, 2021
These terms of service (these “Terms”) governs your use of our website (the “Site”) and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”). “We” or “us” or “our” or “Vow” means Vow, Inc., a South Carolina corporation with offices at 109 Builders Court, Boiling Springs, SC 29316.
These Terms may apply to you individually, the business or other legal entity user you represent, or both. If you are using the Site or Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such entity. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “Pharmacy” “you” or “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
- USE OF THE SERVICE
- Use of the Service. To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to us; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any our or a third party’s rights. You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited. Subject to the terms and conditions of these Terms, we grant you a limited, worldwide, non-exclusive, non-transferable right during the term of these Terms to use the Service solely in connection with your internal business operations. Your rights to use the Service are subject to any limitations on use of the Service based on the version of the Service you register for (e.g., applicable usage limits) (collectively, the “Scope Limitations”) and your rights to use the Service are contingent upon your compliance with the Scope Limitations and these Terms. You are solely responsible for your conduct, any data uploaded into the Service, or otherwise provided for processing by the Service (collectively, “Your Data”), the content of Your Data and legality and means by which you acquired it, and all communications with others while using the Service. You acknowledge that we have no obligation to monitor any information on the Service, but we may remove or disable any information that you make publicly available on the Service at any time for any reason or for no reason at all. We are not responsible for the availability, accuracy, appropriateness, or legality of Your Data or any other information you may access using the Service.
- Acceptable Use. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) rent, lease, or, except as explicitly set forth in these Terms, otherwise permit third parties to use the Service; (b) use the Service to provide services to third parties as a service bureau or in any way that violates applicable law; (c) circumvent or disable any security or other technological features or measures of the Service, or attempt to probe, scan or test the vulnerability of a network or system, or to breach security or authentication measures; (d) upload or provide for processing any information or material that is false, misleading, illegal, defamatory, offensive, abusive, obscene, or that violates privacy or intellectual property rights of any third party; (e) use the Service to harm, threaten, or harass another person or organization; (f) send, store, or distribute any viruses, worms, Trojan horses, or other disabling code or malware component harmful to a network or system; (g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents; (h) attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures; (i) mislead recipients as to your identity, create a false caller ID (e.g., ID spoofing), forge addresses or headers, or fraudulently undertake other technical measures to misrepresent the origin or identity of the sender; (j) perform auto-dialing or “predictive dialing”; trunk or forward your Vow phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system; traffic pumping or access stimulation of calls through the Services or (k) use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us. You will not copy, reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service or its underlying software. You will neither alter nor remove any trademark, copyright notice, or other proprietary rights notice that may appear in any part of the Service and will include all such notices on any copies.
- Accounts. You may not share your account with anyone else. As part of the registration process, you may be asked to identify your employer to be associated with your account. You will not misrepresent your or your employer’s identity, or otherwise provide any false or misleading information. We may reassign the domain name associated with your account and change the way you access the Service at any time in our sole discretion. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login and account.
- Beta Versions. From time to time, we may make available for you to try, at your sole discretion, certain functionality related to the Service, which is clearly designated as beta, pilot, limited release, non-production, or by a similar description (each, a “Beta Version”). Beta Versions are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. We may discontinue Beta Versions at any time in our sole discretion and may never make them generally available. We have no liability for any harm or damage arising out of or in connection with a Beta Version.
- Reservation of Rights. We retain all right, title, and interest in and to the Service, its underlying technologies, and all related intellectual property rights, including without limitation any modifications, updates, customizations, cards, apps, or other add-ons. Your rights to use the Service on are limited to those expressly set forth in these Terms. We reserve all other rights in and to the Service and its underlying technologies.
- Business Associate Agreement. The parties acknowledge and agree that Pharmacy is a “Covered Entity” as such term is defined under the Health Insurance Portability and Accountability Act of 1996, and associated regulations, in each case, as amended from time to time (“HIPAA”) and that Pharmacy’s use of the Services may involve the use and/or disclosure of protected health information (“PHI”) as defined under HIPAA. The parties acknowledge and agree that to the extent that Vow is required to access, create, use, disclose, transmit or maintain PHI in providing Pharmacy the Services hereunder, Vow’s HIPAA Business Associate Agreement (“BAA”), available at https://vowinc.com/client/business-associate-agreement and incorporated by reference in its entirety into these Terms, is to govern such access, creation, use, disclosure, transmission and/or maintenance. If a conflict exists between the terms and conditions of these Terms and those of the BAA, the terms and conditions of the BAA will control with respect to the treatment of PHI. Unless expressly provided otherwise in writing, each party shall only use PHI as authorized under these Terms and in accordance with the BAA.
- Voice Recordings. The Services may provide a feature that transcribes your voicemails. Voicemail transcription is only available in your dashboard and for voicemails that are longer than six (6) seconds. Voicemail transcription is not instantaneous and may delay the delivery of the voicemail. Accuracy of the transcription can be influenced by the accent of the speaker, quality of the connection, and other factors. We make no representations or warranties about the accuracy of the voicemail transcriptions. You are solely responsible for confirming the accuracy of your transcriptions. We have no liability for any harm or damage arising out of or in connection with an inaccurate transcription.
- Call Recordings. The Services may provide a feature that records your calls. You acknowledge that there are laws governing the electronic recording of telephone conversations and that we are not liable for any illegal use of the Services. It is your responsibility to determine and comply in full with your compliance obligations. No Services or products offered by us are represented or warranted to comply with electronic recording laws.
- Professional Services. We offer a broad portfolio of professional services that includes professional website design, smartphone app development, branding and printing, and other IT related optional services. Any such services are governed by a separate agreement which must be executed by the parties.
- Service Availability. You are responsible for making Your Data available that is necessary for us to provide the Service. Actual service coverage, speeds, locations and quality may vary. We will attempt to provide the Services at all times, except for periods for maintenance and repair or in the case of emergencies or outages. The Services may be subject to unavailability for a variety of factors beyond our control including, without limitation, emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users, data, our systems, or the Services. The accuracy and timeliness of data received is not guaranteed.
- Emergency Services
- Emergency Services. 911 dialing will be implemented and operational with the Services (the “Emergency Services”). You must register the address of the physical location where you will use the Emergency Services (“Registered Address”) with Vow immediately upon activation of your account. This is your Registered Address. You must accurately register each individual line through your account settings. You must use the Emergency Services only at the Registered Address provided for the applicable Services. If you move a registered device, you must immediately update the Registered Address with the new physical location of the device with us in your account settings. If you do not update the Registered Address, any 911 calls made from the device may be sent to the wrong emergency response center and will not transmit your current location information to emergency responders, delaying emergency assistance to you. It may take up to several hours for the address update to take effect. You are solely responsible for ensuring that an accurate and up-to-date Registered Address is maintained, and that your end users are aware of how the Registered Address can be changed.
- Service Limitations. The Emergency Services will not function (i) in the event of an Internet or power outage; or (ii) if your broadband, ISP, or Services is terminated. It is possible that network congestion will delay or prevent completion of any 911 call.
- Emergency Center. When you dial 911 using Emergency Services, your phone number and the Registered Address you have provided is sent to the local emergency center serving your location. In some areas, emergency operators have access to this information; however, in areas where only basic 911 service is available, the emergency operator answering the call may not be able to see your telephone number or your Registered Address. You should always be prepared to provide the emergency operator with your telephone number and Registered Address in case the call is dropped or disconnected. If you are unable to speak, the emergency operator may not be able to send help to your location and/or call you back should the call be disconnected. Vow does not control whether or not the emergency operator receives your telephone number and Registered Address. In some cases, 911 calls dialed using the Emergency Services cannot be directed to the local emergency response center, and are instead directed to a National Emergency Call Center (the “NECC”). That might happen if there is a problem validating a Registered Address, if the Registered Address is an international location, or if the Registered Address is in an area that is not covered by the landline 911 network. 911 calls that are directed to the NECC may not include your telephone number or your Registered Address. Trained operators at the NECC will request your name, location, and telephone number and attempt to reach emergency responders in your local area. Until you give the operator your phone number, and location, he/she may not be able to call you back or dispatch help to your location if the call is dropped or disconnected.
- Notification. You must notify any employees, contractors, guests, or persons who may place calls using the Services or may be present at the physical location where the Services may be used, of the limitations of Emergency Services from your phone, or other equipment. You must affix a warning that 911 services may be limited or unavailable in a readily visible place on each piece of equipment that might be used to access or use the Services, as required by 47 C.F.R. § 9.5.
- Disclaimer of Emergency Services. Your use, and use by your employees, guests and other third parties, of the Emergency Services are subject to the limitations described herein. The availability of certain features, such as transmission of a Registered Address or your telephone number, depends on whether local emergency response centers support those features, and other factors outside of Vow’s control. Vow relies on qualified third parties to assist us in routing 911 calls and text messages to local emergency response centers and to the NECC. Vow does not have control over local emergency response centers, the NECC, emergency responders, or other third parties. Vow disclaims all responsibility for the conduct of local emergency response centers, the NECC, third parties engaged by you to facilitate address updates, and all other third parties involved in the provision of emergency response services. To the extent permitted by applicable Law, you hereby release, discharge, and hold harmless Vow from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency or 911 call or the Emergency Services.
You indemnify and hold harmless Vow, and any third-party provider(s) from any and all third-party claims, losses, damages, fines, or penalties arising out of: (i) you or your end user’s provision to Vow of incorrect information, including physical addresses, or failure to update a Registered Address; (ii) your failure to properly notify any person who may place calls using the Services of the 911 limitations; or (iii) the absence, failure, or outage of emergency service dialing using the Services for any reason; and (iv) the inability of any end user to be able to dial 911 or access emergency service personnel for any reason.
- NUMBERING POLICY
- Numbering Availability. Vow makes available phone numbers for use with the Services, which you may select for assignment to your account. Vow’s listing of a number as available may be erroneous and does not constitute a representation or guarantee that such number is actually available for such assignment. In the event a chosen number is not actually available, Vow may remove such number from an account. Telephone numbers provided by Vow to you shall be leased and not sold. You may not use the number issued to you with any other device other than with the Services without the express written permission of Vow. Vow reserves the right to change, cancel or move the number at its sole discretion.
- Number Porting. You must keep your existing service active in order to port a phone number to Vow. In order to request the porting out to another services provider of a telephone or facsimile number currently assigned to your account, you must follow the instructions specified by that services provider and must provide all information and cooperation requested by the relevant other services providers, Vow, or any other relevant third party. The porting of phone numbers into or out of an account requires your provision of specific and detailed information to Vow and/or other service providers, and procedures imposed by other service providers or Vow in order to comply with law and industry standards. Therefore, the completion of any number port request may depend on factors outside of Vow’s control, including delays caused by you and/or other service providers. You may port your number out of the Services upon termination of these Terms only if you have maintained your account in good standing.
- RIGHT TO RESTRICT OR TERMINATE ACCESS
- Termination. We may deny, suspend, terminate or restrict your access to all or part of the Services without notice in our reasonable discretion.
- Post-Termination Obligations. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, we may delete all of your data, and other information stored on our servers. Sections 1.3, 1.6, 1.7, 1.9, 1.10, 2.5, 4.2, 6.1, 8, 9, 10, 11, 12, 13 and 15 will survive termination.
- CHANGE TO THE TERMS. We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting a notification within the Services or by contacting you via email at the address you provided. As your next use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide all registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the Services following the posting or notice of any changes to these Terms shall constitute your acceptance of the changed Terms.
- If you purchase any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Vow and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. If you purchase a subscription to a Paid Service, you will be billed for your first month immediately upon purchasing or upgrading to a subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance on a monthly basis and are non-refundable. For any upgrade or downgrade in plan level, your payment information will automatically be charged the new rate on your next billing cycle in addition to the prorated change in the amount of your subscription for the remainder of the current billing cycle (downgrading your plan level may cause the loss of features or capacity of your account; Vow does not accept any liability for such loss). Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.
- Vow may offer certain customers free trials to Paid Services. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription for such Paid Service and may continue to be charged until you cancel your subscription. To avoid charges, you must cancel before the end of the free trial period.
- Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting Vow by email at firstname.lastname@example.org or by regular mail to 109 Builders Ct, Boiling Springs, SC 29316 with at least thirty (30) days prior notice. All balances for your Paid Services, whether recurring or one-time, must be paid in full prior to cancelling or suspending your Paid Services. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason. Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.
- Data Transmission. You acknowledge that use of the Service involves transmission of Your Data and other communications over the Internet and other networks, and that such transmissions could potentially be accessed by unauthorized parties. You must protect your login name and password from access or use by unauthorized parties, and are solely responsible for any failure to do so. You must promptly notify us of any suspected security breach at email@example.com.
- Your Data. Your Data is your property. We use data in accordance with our privacy policies found at https://vowinc.com/client/privacy. You grant us a non-exclusive, worldwide, perpetual, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate, and display Your Data as required to provide or perform the Service, account management and support services, and technical services, and to publish, display, and distribute de-identified information derived from Your Data and from your use of the Service for any lawful purposes, including, without limitation, improving our products and services, developing new products and services, and developing, displaying, and distributing benchmarks, analysis and similar reports, provided that we do so in accordance with all applicable laws.
- FEEDBACK AND OTHER CONTENT. The Service may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Service. You grant to us a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction.
- General Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT MAKE ANY ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT OPERATION OR USE OF THE SERVICE WILL BE SECURE OR UNINTERRUPTED. WE EXERCISE NO CONTROL OVER AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF OR BASED UPON THE RESULTS OF USE OF THE SERVICES OR DOCUMENTATION. VOW IS NOT RESPONSIBLE FOR THE FAILURE TO STORE OR MAINTAIN ANY OF YOUR DATA, CONTENT OR TRANSCRIPTIONS, USER COMMUNCIATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. VOW MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTION.
- High-Risk Activities. The SERVICE IS not designed or licensed for use in hazardous environments requiring failsafe controls, including without limitation operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, OR life support or weapons systems, in which the failure of the SERVICE OR ITS UNDERLYING SOFTWARE could lead to death, personal injury, or severe physical or environmental damage. WE specifically disclaim any express or implied warranty of fitness for such high-risk activities.
- INDEMNIFICATION. You agree to defend, indemnify and hold us, our affiliate companies, and each of our respective directors, officers, employees, contractors, agents, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to (i) any violation of these Terms by you; (ii) Your Data or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any applicable laws or rights of another; (iv) your negligent or more culpable conduct; or (v) your use of the Services. We may, at our own expense, elect to assume the exclusive defense and control of any third party claim otherwise subject to defense by you. You may not settle or compromise any claim subject to this section without our prior written consent in our sole discretion.
- LIMITATIONS OF LIABILITY
- Disclaimer of Indirect Damages. UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“VOW PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY, DEATH, LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
- Cap on Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ANY VOW PARTIES’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) TOTAL AMOUNTS PAID BY YOU UNDER THESE TERMS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500).
- Claims Period Limitation. You agree any cause of action arising out of or related to the use of our Services must be commenced within two (2) years after the cause of action accrues, or such action will be permanently barred.
- Exception. Some states or jurisdictions may not allow the exclusion or the limitation of liability. In such states or jurisdictions, the Vow Parties’ liability to you shall be limited to the full extent permitted by law.
- Independent Allocations of Risk. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of these terms between the parties. This allocation is reflected in the pricing offered by us to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy in these terms.
- ARBITRATION AGREEMENT
- 12.1.Mandatory Arbitration; Exceptions and Opt-Out. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by certified mail to 109 Builders Ct, Boiling Springs, SC 29316 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- 12.2.No Class Actions. Further, unless we otherwise agree in a writing signed by an authorized representative, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this agreement to arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of Georgia. All other claims will be arbitrated.
- 12.3.Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Arbitration Agreement” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- 12.4.Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and may provide a separate form for Demand for Arbitration for residents of a particular state, such as California. The arbitrator will be either a retired judge or an attorney licensed to practice law with at least 15 years of experience and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- 12.5.Arbitration Location and Procedure. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- 12.6.Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
- 12.7.Fees. Each party is responsible to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
- 12.8.Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Arbitration Agreement” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Arbitration Agreement” section as of the date you accepted these Terms, or accessed our Services.
- 12.9.Survival. This “Arbitration Agreement” section will survive any expiration or termination of these Terms.
- CONSENT TO ELECTRONIC COMMUNICATIONS
- 13.2.Updating your Consent. If you later decide that you do not want to receive certain future communications electronically, please send an email to firstname.lastname@example.org or a letter to 109 Builders Ct, Boiling Springs, SC 29316. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Vow. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Vow will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
- THIRD PARTY SERIVCES.
- 14.1.Integration with Third Party Services. The Services may contain features designed to interoperate with products, applications, or services not provided by us, including, without limitation, the products, applications and services provider by an Authorized User (collectively, each a “Third Party Service”). To use such features, you may be required to obtain access to such Third Party Service from its provider, and may be required to grant us access to your account(s) on such Third Party Service. You shall provide, and shall cause the provider of the Third Party Service to provide, us with any reasonably requested information and materials needed to integrate the Third Party Service with the Services.
- 14.2.Permissions; Disclaimer. If you choose to use a Third Party Service with the Services, you grant us permission to allow the Third Party Service and its provider to access any data (including, without limitation, data that may constitute confidential information) provided to us in connection with the Services as required for the interoperation of that Third Party Service with the Services. We are not responsible for any disclosure, modification or deletion of such data resulting from access by any Third Party Service or its provider. Any acquisition by you of a Third Party Service, and any exchange of data between you and any Third Party Service or its provider, is solely between you and the applicable third-party provider. We does not warrant or support Third Party Service or other third-party products or services. Further, we cannot guarantee the continued availability of any Service features that interoperate with Third Party Service, and may cease providing them without being in breach of this Agreement or entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a Third Party Service ceases to make the Third Party Service available for interoperation with the corresponding Service features in a manner acceptable to us.
- GENERAL PROVISIONS
- Access by Competitors. You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose.
- United States Only. The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
- U.S. Government Use. If the Service is licensed under a United States government contract, you acknowledge that the Service is a “commercial item” as defined in 48 CFR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are defined in FAR Section 2.101 and Section 252.227-7014 of the Defense Federal Acquisition Regulation Supplement (48 CFR 252.227-7014) and used in 48 CFR 12.212 or 48 CFR 227.7202-1, as applicable. You also acknowledge that the Service is “commercial computer software” as defined in 48 CFR 252.227-7014(a)(1). United States government agencies and entities and others acquiring under a United States government contract will have only those rights, and will be subject to all restrictions, set forth in these Terms.
- Relationship. We will be and act as an independent contractor (and not as the agent or representative of you) in the performance of these Terms.
- Assignment and Delegation. You may not assign any of your rights or delegate any of your obligations under these Terms (in whole or in part) without our prior written consent, except in connection with a change of control, merger, or by operation of law. Your assignment or delegation will not relieve you of your obligations under these Terms nor release you of your liability under these Terms. We may voluntarily, involuntarily, or by operation of law assign any of our rights or delegate any of our obligations under these Terms without your consent. Any purported assignment or delegation in violation of this Subsection will be null and void. Subject to this Subsection, these Terms will bind and inure to the benefit of each party’s respective permitted successors and permitted assigns.
- Notices. Any notice required or permitted to be given in accordance with these Terms will be effective if it is in writing and sent by certified or registered mail, or overnight courier, return receipt requested, to the appropriate party at the address at the address provided by the other party and with the appropriate postage affixed. Either party may change its address for receipt of notice by notice to the other party in accordance with this Subsection. Notices are deemed given two business days following the date of mailing or one business day following delivery to a courier.
- Force Majeure. We will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control.
- Governing Law. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of South Carolina, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
- 15.10.Waiver and Modifications. Failure, neglect, or delay by a party to enforce the provisions of these Terms or its rights or remedies at any time, will not be construed as a waiver of the party’s rights under these Terms and will not in any way affect the validity of the whole or any part of these Terms or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under these Terms will not preclude the enforcement by the party of any other right or remedy under these Terms or that the party is entitled by law to enforce.
- 15.11.Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the use of the Service under these Terms is found to be illegal, unenforceable, or invalid, your right to use the Service will immediately terminate.
- 15.12.Headings. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms. The singular of any term, including any defined term, shall include the plural and the plural of any term shall include the singular.
- 15.13.Entire Agreement. These Terms contain the entire agreement of the parties with respect to the subject matter of these Terms and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
I agree that the prescriptions I am submitting are only for the individual to whom they are prescribed. Alps Pharmacy reserves the right to validate any or all of my prescription refills due to the lack of personal validation and has the right to deny my prescription refills requests, until further validation is provided. Please fill in the form below and follow the directions provided. Your refill request will be sent securely to Alps Pharmacy. We will process the order and keep it at the pharmacy counter, and ready for pick up.
2650 W. Kearney Street, Ste. 116
Springfield, MO 65803
1824 N State HWY CC
Nixa MO, 65714
Effective Jan. 1, 2019
Last Updated: November 1, 2020
Our previous Privacy Policies are available here.
This Policy does not apply to the information Vow receives from the third-party websites, mobile apps and other digital products that use the Vow Services. When our customers use the Services in conjunction with their own websites and products, they remain responsible for their own privacy and security practices, which may differ from ours. You should consult the relevant privacy policies on our customers’ websites and products to find out more about their privacy practices and your related choices.
The following additional terms are used throughout this policy.
Subscriber: Anyone who has purchased Vow Services, and their agents
End-User: Anyone who uses the Services provided to Subscribers
Visitor: Any other individual or entity who visit the Sites
User: Any individual or entity (“User”, “you”, or “your”) who interacts with any of the Vow Sites or Services including Subscribers, Visitors and End-users
As a Service Provider: Vow providing services to End-Users on behalf of the Subscriber
As a Business: Vow providing services to Subscribers and Visitors
Information We Collect
We collect information, including Personal Information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
The Personal Information which we collect includes, but is not limited to, the following data elements under the associated circumstances:
- If you express an interest in obtaining additional information about our Services, request customer support, use our “Contact Us” or similar features, register to use our Sites or Services, or download certain content, we may require that you provide to us your contact information, such as your name, organization, phone number, or email address, and in some instances, you may elect to provide us with location and address information;
- If you report a problem or have a question about our Services, you may provide us with contact information, such as a phone number or email address;
- If you desire to pay for bills via our Sites or Services, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
- If you use and interact with our Sites or emails, we automatically collect information about your device and your usage of our Sites or emails through cookies, web beacons or similar technologies, such as Internet Protocol (IP) addresses or other identifiers, which may qualify as Personal Information;
- If you voluntarily submit certain information to our services, such as filling out a survey about your user experience, we collect the information you have provided as part of that request; and
Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google, Facebook, Instagram, Birdeye and similar companies.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how Visitors arrive at the Sites, what type of content is popular, and what type of Visitors in the aggregate are interested in particular kinds of content on the Sites.
- Mobile Device Identifiers and SDK. A mobile SDK is the mobile application version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that application developers can include in their applications to enable advertisements to be shown, data to be collected and related services or analytics to be performed
How We Use Information We Collect
We use your Personal Information in ways that are aligned with the purposes for which it was collected or authorized by you, including the following purposes:
- To present, operate or improve the Site and Services, including analysis of Site activity;
- To inform you about Services and products available from Vow;
- To authorize access to our Sites and Services;
- To offer and administer programs;
- To customize or tailor your experience of the Services;
- To administer content, promotion, surveys, or other Site features;
- To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, and other offers or promotions, and to deliver pertinent emails;
- To improve our customer service.
- To respond to and support users regarding their use of the Sites and Services.
- To comply with all applicable legal requirements.
- For any other purpose that is disclosed to you at the point of collection of the Personal Information, for any purpose for which you provide your prior consent, or for any other lawful purpose
We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our company and our Users.
We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our Services. We may use your Personal Information to see which pages you visit at our Site, which website you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Your Failure to Provide Personal Information
Your provision of Personal Information is required in order to use certain parts of our Sites and Services. If you fail to provide such Personal Information, you may not be able to access and use our Sites and/or Services, or parts of our Sites and/or Services.
Our Retention of Your Personal Information
We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
Sharing Personal Information
Vow may disclose your Personal Information to commercial providers for a business purpose, which include verifying your identity when making a payment or registering access to your accounts. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:
- California Customer Records Personal Information categories;
- Protected classification characteristics under California or federal law;
- Commercial Information;
- Internet or other network activity information;
- Geolocation Data;
- Sensory Data;
- Professional or employment-related information.
We disclose your Personal Information for a business purpose to the following categories of third-parties:
- Our affiliates;
- Commercial providers;
- Subscribers and their partners;
- Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities available to our Users;
- Third-parties to whom you or your agents authorize us to disclose your Personal Information in connection with the Services we provide to you.
We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Vow if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Vow, our Users or the public as required or permitted by law;
- for any other purpose disclosed when you provide the information; and
- when we obtain your consent to do so.
We attempt to notify Users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
We may disclose your Personal Information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our Users would likely be a transferred business asset. In the event that Vow itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
We may also share anonymous information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third-parties to help them understand the usage patterns for certain Services or for our Sites or those of our partners.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information.
How We Protect Personal Information
Vow maintains administrative, technical and physical safeguards designed to protect Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.
Vow collects account information for payment or credit, and Vow will use the information only to complete the task for which the account information was offered.
Our Opt-in/Opt-out Policy
We currently provide the following opt-out opportunities:
- At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a Vow Partner to unsubscribe from the service.
- At any time, you can reply or text “STOP” to (512) 714-9656_to opt-out of receiving SMS texts.
Our Sites are not intended for children under 16 years of age. We do not intentionally gather Personal information about visitors who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in an applicable jurisdiction, please contact us at email@example.com. If we learn that we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
Your Rights and Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your personal data. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below.
Direct Marketing and “Do Not Track” Signals
Vow does not track its users over time and across third-party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third-parties for the third-parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third-parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third-parties for marketing purposes at any time by submitting a request to firstname.lastname@example.org. California users may request further information about our compliance with this law by contacting us at email@example.com or by writing to us at the address listed in the “How to Contact Us” section.
Additional Details Pertaining to Your Rights
For additional information about your specific rights please refer to the following sections:
- Visitor(s), refer to the Visitors to Vow’s website section of this policy.
- Subscriber(s), refer to the Subscribers of Vow’s Services section of this policy.
- California Residents, refer to the California Consumer Protection Act (CCPA) section for exceptions and references per CCPA
- Patients, refer to the Health Insurance Portability and Accountability Act section for rights under HIPAA
We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Information.
Vow only operates in the United States and we do not transfer or store Personal Information outside of the United States. If we ever transfer your Personal Information outside of your home jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Information is protected.
Visitors to Vow Websites
This section details our commitment to protecting the privacy of Visitors to our Websites or individuals who request us to contact them via our online web forms. This section describes how Vow collects, uses, shares and secures the Personal Information that you provide. It also describes your choices regarding use, access and correction of your Personal Information.
When this Section Does Not Apply: Third-Party Websites
Our Websites may contain links to other websites. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The information practices and the content of such other websites are governed by the privacy statements of such other websites. We encourage you to review the privacy statements of any such other websites to understand their information practices.
Information That Visitors Provide To Us
Beyond the general collection of data described in the general policy we ask for and may collect Personal Information from you when you submit web forms on our Websites or as you use interactive features of the Websites, including: participation in surveys, contests, promotions, sweepstakes, requesting customer support, or otherwise communicating with us. We process your Personal Information to perform our contract with you for the use of our websites and the Service(s) and to fulfill our obligations under the Services Agreement to You; where we have not entered into a Services Agreement with you, we base the processing of your Personal Information on our legitimate interest to operate and administer our websites and to provide you with the content you access and request.
We ask for and may collect Personal Information such as your name, address, phone number and email address when you register for or attend a sponsored event or other events at which Vow participates, in order to facilitate your registration or attendance at an event, including sending related communications to you.
Additional Information We Collect From Visitors to Our Sites
As is true with most websites and services delivered over the Internet, we gather certain information and store it in log files when you interact with our Sites and Services. This information includes Internet Protocol (IP) addresses as well as browser type, Internet Service Provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect Personal Information to information gathered in our log files as necessary to improve our Sites and Services. In such a case, we will treat the combined information in accordance with this Policy.
Subscribers of Vow Services
This section details additional information regarding our commitment to protecting the privacy of Subscribers of Vow Services.
When this Section Does Not Apply: Service Data
We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once it is received. These security and privacy practices, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”), are detailed in and governed by our Terms of Service Agreement, available here, or such other applicable agreement between Subscriber and Vow relating to Your access to and Your use of such Services (collectively referred to as the “Agreement”).
Information That You Provide To Us
We ask for and may collect Personal Information about the Subscriber such as name, address, phone number, and email address, as well as certain related information like the Subscriber’s company name and website name (“Subscriber Information”), when a Subscriber registers for an account to access or utilize one or more of our Services (an “Account”). We base the processing of the Subscriber Information on our legitimate interest to provide the Subscriber with the necessary functionality required during your use of our Service(s);
By voluntarily providing us with Subscriber Information, the Subscriber represents that it is the owner of such information or otherwise has the requisite consent to provide it to us.
Data Collected from End-Users on the Subscriber’s Behalf
During the last twelve (12) months, we have collected the following categories of Personal Information from End-Users.
Type of Identifiers We Collect
First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, date of birth, physical characteristics or description, address, telephone number, insurance policy number, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
Protected Classification Characteristics under California or federal law
Age, 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).
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or Other Network Activity
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Physical location or movements.
Audio, electronic, visual, thermal, olfactory, or similar information.
Retention of Data Collected on the Subscriber’s Behalf
We retain the Personal Information we collect on behalf of Subscribers for as long as necessary to fulfill the purpose for which it is being processed, where we have an ongoing legitimate business need to do so (for example, to provide you with our Services, to enable your participation in an event, and to comply with applicable legal, tax or accounting requirements), as well on the basis of applicable legal requirements.
If an End-User’s Personal Information is processed within a Subscriber’s Service Data, we will process the Personal Information for as long as we are instructed to do so by the relevant Subscriber.
How End-Users Exercise Their Data Protection Rights
End-Users have certain choices available to them when it comes to their Personal Information. Below is a summary of those choices, how Subscriber’s may fulfill requests on their behalf and any limitations you may have.
Accessing, Correcting, Amending and Removing End-User Personal Information
An End-User who seeks to exercise their data protection rights with respect to their Personal Information stored or processed by us on behalf of a Subscriber (including to seek access to, or to correct, amend, delete, port or restrict processing of such personal information) should direct the query to the Subscriber.
Vow will fulfill such requests from a Subscriber within forty five (45) days of receipt of the request. Vow will retain Personal Information that we process and store on the Subscriber’s behalf for as long as needed to provide Subscribers with Services, for record keeping purposes, to complete transactions or to comply with our legal obligations.
Deactivating an End-User Profile
If an End-User no longer wishes to use the Services, the Subscriber should request that Vow deactivate the End-User account by emailing such a request to firstname.lastname@example.org with the full name, date of birth and email address of the End-User.
Request That End-User Information Stop Being Used
Subscribers may request that the Personal Information belonging to an End-User no longer be accessed, stored, used and otherwise processed. Subscribers can also request on behalf of their End-User to opt-out from our use of their Personal Information for marketing purposes by contacting us, as provided below. Vow will fulfill such a request from a Subscriber within forty five (45) days.
Opt-out of Communications
End-Users may manage their receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of marketing emails sent on behalf of Subscribers, or Subscribers may send a request to email@example.com on behalf of the End-User to opt out of communications.
Other Data Protection Rights
If an End-User wishes to exercise any other data protection rights that are available to them under their local data protection laws, please review our “California Consumer Privacy Act (“CCPA”) section below.
California Consumer Privacy Act (CCPA)
Under the California Consumer Privacy Act, California residents have specific rights regarding their Personal Information. This section explains how California residents can exercise those rights and describes Californians’ rights.
Exercising Your Rights
Visitors and Subscribers Who Are California Residents Can:
- Submit a request to Vow via email at firstname.lastname@example.org.
- Call 877-959-7550 to submit a privacy request.
Fulfillment of Data Protection Requests
Upon receiving a request from a Visitor or Subscriber, we will confirm receipt of a Visitor or Subscribers request by email. To help protect the Visitor’s or Subscriber’s privacy and maintain security, we may take steps to verify the Visitor’s or Subscriber’s identity before granting the Visitor or Subscriber access to the information. In some instances, such as a request to delete Personal Information, we may first separately confirm that the Visitor or Subscriber would like for us to in fact delete their Personal Information before acting on the request.
We will fulfill requests within forty-five (45) days. If we require more time, we will inform the Visitor or Subscriber of the reason and extension period in writing. If the Visitor or Subscriber has an account with us, we will deliver our written response to that account. If the Visitor or Subscriber does not have an account with us, we will deliver our written response by mail or electronically, at the Visitor’s or Subscriber’s option.
In some cases our ability to uphold these rights for a Visitor or Subscriber may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Californians’ Rights With Respect to Personal Information
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
- Right to Access Your Data. 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 that Personal Information.
- The specific pieces of Personal Information we collected about you.
- The categories of third-parties with whom we share that Personal Information.
- The specific pieces of Personal Information we’ve disclosed for a business or commercial purpose, identifying the Personal Information categories that each category of recipient obtained about you.
Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
- Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
- Right to Delete Your Data. You have the right to request that we delete any of your Personal 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 Personal 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 for such 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; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Information We May Collect On Behalf of our Subscribers per CCPA
Type of Identifiers We Collect
First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
A name, date of birth, physical characteristics or description, address, telephone number, insurance policy number, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Protected classification characteristics under California or federal law
Age, 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).
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information.
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from our Subscribers. For example, from documents that our clients provide to us related to the services for which they engage us.
- Indirectly from our Subscribers. For example, through information we collect from our Subscribers in the course of providing services to them.
- Directly and indirectly from activity on our Websites. For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat Visitors, facilitate the Visitor’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
- From third-parties that interact with us in connection with the services we perform.
Vow, to the extent it is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) has its own privacy and security obligations with respect to protected health information (PHI). We encourage you to contact Vow regarding its privacy and security practices (for more information regarding your rights under HIPAA, see http://www.hhs.gov/ocr/privacy).
- use reasonable and appropriate safeguards to keep your PHI that we collect private and confidential;
- alert you in accordance with the guidelines set forth under HIPAA if we are made aware of any unauthorized access to your PHI that we have collected; and
- provide you access in a reasonable time and manner to your PHI we have collected and make any reasonably requested amendment thereto.
How to Contact Us
Send e-mail to: email@example.com
Send mail to our address:
4315 Guadalupe Street, Suite 200
Austin, TX 78751
Business Associate Agreement
HIPAA BUSINESS ASSOCIATE AGREEMENT
- “Capitalized Terms” mean any other capitalized term not defined in this Section 1 and have the meanings set forth in the Privacy Standards, Security Standards or HITECH, as applicable.
- “Designated Record Set” or “DRS” as defined in the Privacy Rule, including but not limited to 45 C.F.R. Section 164.501.
- “Electronic Protected Health Information” or “ePHI” as defined in the HIPAA Rule, including but not limited to 45 C.F.R. Parts 160, 162, and 164, and under HITECH.
- “HIPAA” means HIPAA, the HITECH Act, and the Privacy and Security Rules unless otherwise indicated in this Agreement.
- “HITECH” means the Health Information Technology for Economic and Clinical Health Act, Division A, Title XIII of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), 42 U.S.C. 83000 et seq., and implementation, regulations and guidance.
- “Individual” as defined in the Privacy Rule, including but not limited to 45 C.F.R. Sections 164.501 and 160.103, including a person who qualifies as a personal representative in accordance with 45 C.F.R. Section 164.502(g). For the purposes of this Agreement, Individual means a consumer who has contracted with Vow for Vow Software and Services.
- “Information” as defined in 45 C.F.R. Section 160.103.
- “Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, Subparts A and E.
- “Protected Health Information” (“PHI” and “ePHI”) as defined in 45 C.F.R. Sections 164.501 and 160.103, and is information created or received by Business Associate from or on behalf of Covered Entity.
- “Required by Law” as defined in 45 C.F.R. Sections 164.501 and 160.103.
- “Secretary” as defined in 45 C.F.R. Section 160.103.
- “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.
- “Security Rule” means the HIPAA regulation codified at 45 C.F.R. Part 164.
- “Subcontractor” means a person (or entity) to whom a business associate delegates a function, activity, or service, other than in the capacity of a member of the workforce of such business associate. For purposes of this Agreement, “Subcontractor” includes the downstream subcontractors of a Subcontractor (“Downstream Subcontractor”).
- “Vow Software and Services” means Vow’s website, mobile application, tablet application, sms text, interactive voice and any other multimedia channel using or displaying content or applications.
- Confidentiality and Security.
- The Parties shall comply with more stringent state laws and implementing regulations, including the Texas Medical Records Privacy Act, Chapters 181 and 182 of the Texas Health & Safety Code, and Chapter 521.053 as amended
3. Obligations of Business Associate and Business Associate Subcontractors
- Business Associate warrants that Business Associate, its directors, officers, Subcontractors, employees, affiliates, agents, and representatives shall:
- use or disclose PHI only in connection with fulfilling duties and obligations under this Agreement and the Service Agreement; (ii) not use or disclose PHI other than as permitted or required by this Agreement, as required by law, and (iii) not use or disclose PHI in any manner that violates applicable federal and state laws or would violate such laws if used or disclosed in such manner by Covered Entity.
- Not violate the Texas Health Safety Code, Chapters 181 or 182 by (i) selling PHI as prohibited in Section 181.153, using PHI for marketing purposes except as permitted by Section 181.152, attempting to re-identify any de-identified information as prohibited by Section 181.151, or use or disclose PHI for a marketing purposes without the individual’s prior written authorization in violation of Section 181.154.
- Provide adequate training to employees and Subcontractors under Section 181.101, and HIPAA.
- Make reasonable efforts to limit PHI to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request when using or disclosing PHI.
- when carrying out a Covered Entity’s obligation under HIPAA, comply with requirements of HIPAA that apply to Covered Entity in performance of such obligation.
- Provide Records and Compliance Reports. Business Associate/ Subcontractor must keep such records and submit such compliance reports as the Secretary may determine necessary to determine compliance with applicable HIPAA provisions.
- Cooperate with Complaint Investigations and Compliance Reviews. Business Associate/Subcontractor must cooperate with the Secretary if the Secretary undertakes an investigation or compliance review of the policies, procedures, or practices of Covered Entity, Business Associate, or Subcontractor to determine compliance with HIPAA.
- Permit Access to Information. Business Associate/Subcontractor must permit access by the Secretary to its facilities, books, records, accounts and other sources of information, including PHI, for ascertaining compliance as requested by the Secretary. If the information required of Business Associate/Subcontractor is under the exclusive possession of any other agency, institution, or person and the other agency, institution, or person fails to furnish the information, Business Associate/Subcontractor must so certify and explain efforts made to obtain the information.
b. To the extent Business Associate/Subcontractor maintain a Designated Record Set (“DRS”) they shall:
- Provide Access to PHI to allow Covered Entity to respond to an Individual’s request for access pursuant to 45 C.F.R. Section 164.524, in the time and manner requested by Covered Entity, for as long as such information is maintained in the DRS.
- In the event any Individual requests access to PHI directly from Business Associate/Subcontractor, forward the request to Covered Entity within two (2) business days.
- Process PHI subject to access in electronic form or format requested by Covered Entity, unless a readable hard copy or other format is requested by Covered Entity.
- Any denial of access to PHI shall be the sole responsibility of Covered Entity, including resolution or reporting of all appeals and/or complaints arising from denials.
- Amend PHI. To allow Covered Entity to respond to an Individual’s request for amendment of PHI pursuant to 45 C.F.R. Section 164.526, Business Associate/ Subcontractor shall, in the time requested by Covered Entity, amend PHI about an Individual, and make available to Covered Entity such PHI as long as such information is maintained in the DRS. Business Associate shall contractually obligate Subcontractor to forward such a request on the date of receipt by Subcontractor.
- In the event an Individual requests amendment of PHI directly from Business Associate/Subcontractor, shall PHI shall be forwarded to Covered Entity pursuant to 45 C.F.R. Section 164.526.
- Any denial of amendment of PHI determined by Covered Entity pursuant to 45 C.F.R. Section 164.526, and conveyed to Business Associate, shall be the sole responsibility of Covered Entity, including resolution or reporting of all appeals and/or complaints arising from denials.
- Within ten (10) business days of receipt of a request from Covered Entity to amend an Individual’s PHI in the DRS, Business Associate shall require Subcontractors to incorporate the amendment, statements of disagreement, and/or Individual rebuttals into its DRS as required by 45 C.F.R. Section 164.526.
4. Accounting of Disclosures.
- To allow Covered Entity to respond to an Individual’s request for an accounting pursuant to 45 C.F.R. Section 164.528, Business Associate/Subcontractor shall in the time requested make available to Covered Entity PHI in the format requested. Business Associate shall contractually obligate Subcontractor to forward such a request to Business Associate on the day of receipt of the request.
- Provide Covered Entity: (1) the date of the disclosure; (2) the name of the entity or person who received the PHI, and if known, the address of such entity or person; (3) a brief description of the PHI disclosed; and (4) a brief statement of the purpose of such disclosure.
- If an Individual requests an accounting of disclosure of PHI directly from Business Associate/Subcontractor, the request shall be forwarded to Covered Entity within five (5) business days.
5. Disclosure to Third Parties.
- Subject to any limitations in this Agreement and the Service Agreement, Business Associate may disclose PHI to Subcontractors necessary to perform its obligations under the Service Agreement and permitted or required by applicable federal or state law.
- Business Associate shall not [and shall provide that its directors, officers, employees, Subcontractors, and agents, do not] disclose PHI to any person (other than their Workforce) unless disclosure is required by law or authorized by the person whose PHI is to be disclosed. Business Associate shall enter into a signed written agreement with Subcontractor(s) that:
- Prohibits Subcontractor to use or further disclose PHI in a manner that would violate the Privacy Rule if done by Covered Entity, or this Agreement if done by Business Associate.
- Binds to the provisions, restrictions, and conditions of this Agreement pertaining to PHI and ePHI applicable to Business Associate for the express benefit of Covered Entity.
- Obligates Subcontractor to immediately notify Business Associate of any breaches (including breaches of unsecured PHI as required by 45 C.F.R. Section 164.410) of confidentiality of PHI and Security Incidents of which it becomes aware.
- Obligates Business Associate/Subcontractor to comply with the “minimum necessary use and disclosure” and regulations or guidance issued by HHS concerning the minimum necessary standard and the use and disclosure (if applicable) of Limited Data Sets.
- To the extent Subcontractor is to carry out Covered Entity’s obligations under HIPAA, obligate Subcontractor to comply with the HIPAA requirements applicable to Covered Entity.
- Business Associate/Subcontractor shall take appropriate disciplinary action against any Workforce member who uses or discloses PHI in contravention of this Agreement.
- Business Associate and Subcontractors shall mitigate, to the extent, any harmful effect known to them of a use or disclosure of PHI in violation of this Agreement.
- Safeguards Business Associate and Subcontractors shall:
- Employ appropriate administrative, technical and physical safeguards, consistent with the size and complexity of its operations, to protect the confidentiality of PHI and to prevent use or disclosure of PHI in any manner inconsistent with the terms of this Agreement.
- Comply with the HITECH Act and final Omnibus Rule 45 C.F.R. Sections 164.306, 164.308, 164.310, 164.312, 164.314, and 164.316 as well as the HIPAA Security Rule as if Business Associate (and Subcontractors) were a Covered Entity.
6. Reporting of Breaches and Improper Disclosures
- A breach is the unauthorized acquisition, access, use, or disclosure of PHI in a manner not permitted by HIPAA which compromises the security or privacy of such information. In the event of a breach:
- Of “Unsecured PHI” (i.e., PHI not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in the guidance issued under section 1302(h)(2) of Pub.L. 111-5) Business Associate (or Subcontractor) accesses, creates, maintains, stores, transmits, modifies, destroys, or otherwise holds or uses on behalf of Covered Entity, Business Associate shall provide notice to Covered Entity, without unreasonable delay, but in no later than 30 days after discovering the Breach. The notice shall include (i) identification of each individual whose PHI has been, or is reasonably believed to have been, accessed, acquired, or disclosed during the Breach; (ii) date of the Breach, if known; (iii) scope of the Breach; (iv) description of the Business Associate’s response to the Breach; and (v) any other reasonable information requested by Covered Entity.
- Business Associate (or Subcontractor as applicable) shall conduct a risk assessment of the Breach, and mitigate, to the extent practicable, any harmful effect of such Breach known to Business Associate. A Breach of Unsecured PHI is discovered as of the first day on which such breach is known to Business Associate (including any person other than the individual committing the breach who is an employee, officer, Subcontractor, or another agent of Business Associate, as determined in accordance with the federal common law of agency) or should reasonably have been known to Business Associate following exercise of reasonable diligence.
- Improper Disclosures Business Associate and Subcontractors agree to:
- Comply with 45 C.F.R. Sections 164.308, 164.310, 164.312 and 164.316 as if they were a Covered Entity.
- Use commercially reasonable efforts to secure PHI through technology safeguards that render such PHI unusable, unreadable and indecipherable to individuals unauthorized to acquire or otherwise have access to such PHI in accordance with HHS Guidance published at 74 Federal Register 19006 (April 17, 2009), or later regulations or guidance promulgated by HHS or issued by the National Institute for Standards and Technology (“NIST’) to protect PHI.
- Report to Covered Entity any Security Incident, unauthorized or improper use or disclosure of any PHI under this Agreement, as soon as practicable, upon becoming aware of such use or disclosure.
- Breach of System Security. “Breach of System Security” means an unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including encrypted data if the person accessing the data has the key required to decrypt the data and includes any other definition promulgated by state law. Business Associate shall provide notice to Covered Entity of any breach of system security after discovering or receiving notification of the breach, and mitigate any known harm of the breach.
7. De-identified data. Business associate shall have the right to de-identify PHI subject to the Terms of Service and this Agreement in accordance with the requirements of 45 CFR Section 164.514, to anonymously aggregate and use such data for Business Associates purposes, in Business Associates sole discretion.
8. Term and Termination. The Parties agree that upon termination, transactional data (which does not include PHI) provided to the Individual by Covered Entity through Business Associate shall not be destroyed. Per the Terms of Service, Confidential information (including PHI, if any, contained within such Confidential Information) will be destroyed and will not be available to the Individual through the Vow App and/or Website. All other PHI provided by Covered Entity shall be returned or destroyed as required by the HIPAA regulations.
9. Amendment. If any rules or regulations promulgated under HIPAA or state law are amended or interpreted and render this Agreement inconsistent therewith, Covered Entity may, on thirty (30) days’ written notice to Business Associate, amend this Agreement as necessary to comply with such amendments or interpretations. Business Associate shall comply with all such amendments, amend this Agreement, and amend applicable Subcontractor agreements.
10. Conflicting Terms. In the event any terms of this Agreement conflict with any terms of the Service Agreement, the terms of this Agreement shall govern and control.
11. Notices. All notices, requests, approvals, demands and other communications required or permitted to be given under this Agreement shall be in writing and delivered either personally, or by certified mail with postage prepaid and return receipt requested, or by overnight courier to the party to be notified. Addresses in the signature line will be used for notifications purposes for either party unless updated with written notification to the other party.
12. Days. All references to “days” in this Agreement mean business days.
13. Independent Contractors. The parties are and shall be independent contractors to one another, and nothing in this Agreement shall be deemed to create an agency, partnership, or joint venture between the Parties.
14. Assignment. This Agreement shall be binding on the Parties and their successors and assigns. Neither party shall assign any of its rights under this Agreement to any other party without the prior written consent of the other party, provided that Covered Entity or Business Associate shall have the right to assign this Agreement to their respective affiliates.
15. Severability. In the event a court or any governmental authority or agency declares all or part of any section of this Agreement unlawful or invalid, such unlawfulness or invalidity shall not serve to invalidate any other section of this Agreement, and if only a portion of any section is declared to be unlawful or invalid, such unlawfulness or invalidity shall not invalidate the balance of such section.
16. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement.