PHOCUS Terms of Service & Privacy Statement

Terms of Service

Last updated: 14 February 2019

These Terms of Use (“Terms”, “Terms of Service”) govern your relationship with https://patientsfirstnz.sharepoint.com/sites/PHOCUS2 website (the “Service”) operated by Patients First Limited (“us”, “we”, or “our”).

Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Patients First Limited.

Patients First Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Patients First Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Privacy Statement

Patients First Ltd is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to PHOCUS and governs data collection and usage. By using PHOCUS, you consent to the data practices described in this statement.

Collection of your Personal Information

PHOCUS collects personally identifiable information, such as your email address, name, work address or telephone number. PHOCUS also collects anonymous demographic information, which is not unique to you, such as your location, age, gender, preferences, interests and favourites.

There is also information about your computer hardware and software that is automatically collected by PHOCUS. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by PHOCUS for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of PHOCUS.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through PHOCUS public message boards, this information may be collected and used by others. Note: PHOCUS does not read any of your private online communications.

PHOCUS encourages you to review the privacy statements of Web sites you choose to link to from PHOCUS so that you can understand how those Web sites collect, use and share your information. PHOCUS is not responsible for the privacy statements or other content on Web sites outside of the PHOCUS and PHOCUS family of Web sites.

Use of your Personal Information

PHOCUS collects and uses your personal information to operate the PHOCUS Web site and deliver the services you have requested. PHOCUS also uses your personally identifiable information to inform you of other products or services available from PHOCUS and its affiliates. PHOCUS may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

PHOCUS does not sell, rent or lease its customer lists to third parties. PHOCUS may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, PHOCUS may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PHOCUS, and they are required to maintain the confidentiality of your information.

PHOCUS does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

PHOCUS keeps track of the Web sites and pages our customers visit within PHOCUS, in order to determine what PHOCUS services are the most popular. This data is used to deliver customized content and advertising within PHOCUS to customers whose behaviour indicates that they are interested in a particular subject area.

PHOCUS Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PHOCUS or the site; (b) protect and defend the rights or property of PHOCUS; and, (c) act under exigent circumstances to protect the personal safety of users of PHOCUS, or the public.

Use of Cookies

The PHOCUS Web site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize PHOCUS pages, or register with PHOCUS site or services, a cookie helps PHOCUS to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same PHOCUS Web site, the information you previously provided can be retrieved, so you can easily use the PHOCUS features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the PHOCUS services or Web sites you visit.

Security of your Personal Information

PHOCUS secures your personal information from unauthorized access, use or disclosure. PHOCUS secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

PHOCUS will occasionally update this Statement of Privacy to reflect company and customer feedback. PHOCUS encourages you to periodically review this Statement to be informed of how PHOCUS is protecting your information.

Contact Us

If you have any questions about these Terms and Statement of Privacy, please contact us.