Simple & Honest
We hate the way most companies force you to accept their “terms and conditions.” Lawyers write those documents and they are terribly painful to read. Be honest, you probably do not fully read them. We strive to be different. The team at ChartSpan wrote this document, not our attorneys. We wrote it for our mothers, our spouses and our children. We’ve written this document in a simple conversational manner, not with a bunch of legal jargon and fancy words.
We built ChartSpan to empower patients with technology that allows each individual to manage all of their healthcare information on their smartphone, tablet or computer. Our commitment is to you – the consumer and the patient. That commitment includes being transparent about everything that we do.
We want you to understand how we safeguard your privacy and secure your data, as well as the terms you must accept in order to use ChartSpan. We also want you to understand how we make money and how, some day, we plan to work with select partners to use anonymous data to accomplish important objectives, like improving healthcare outcomes, reducing mortality rates and improving the effectiveness of medications. By utilizing anonymized data, there is an endless number of important gains and results we can achieve together, changing healthcare forever.
Acceptance Of Our Terms
Changing Our Terms
Whenever you read “ChartSpan” in this document, it includes all of our consumer offerings, including products, services, software, website, tools and apps. We provide “ChartSpan” in many forms to our users, and it’s easier for us to simply write “ChartSpan” instead of trying to list every version of our offering.
Please Be Nice
Stealing our content, trying to hack into our website or products or doing anything malicious is definitely not cool. So please don’t do it.
We will protect our users. If we find out you’ve attempted to illegally or fraudulently gain unauthorized access to someone else’s account, we will hunt you down and tell your mother. We’ll also terminate your access to ChartSpan and pursue every legal remedy possible, civil and criminal, as a consequence of your actions. Be nice; don’t be a jerk.
Anyone can sign up for a free account on ChartSpan, so long as it is for personal use or if you are going to be managing the healthcare information of another family member, only.
As a condition of using ChartSpan, you cannot copy, modify or distribute ChartSpan’s intellectual property, technology, code, processes, content, data, user information, trademarks, copyrights or patents. Any prohibited use may result in the termination of your ChartSpan account and possible civil or criminal penalties. Seriously, please do not steal our ideas or hard work.
You must be 18 years of age to use ChartSpan. You must also be legally competent to use ChartSpan. When you register for ChartSpan, we’ll ask for your date of birth. If you are under 18, you will immediately be informed that you cannot use ChartSpan.
ChartSpan is intended for users in the United States. We love Paris, London, Hong Kong and Kathmandu, but we aren’t ready for global distribution yet. If you are not a resident of the United States, we do not assure ChartSpan is appropriate or permissible in your country.
Be honest, you probably have a few passwords that you use for all of your password protected accounts. Healthcare records can be sensitive and personal. Please, please, please use a unique password for ChartSpan. Keep you password confidential. Please do not ever share your ChartSpan password. You, not ChartSpan, are responsible for all activity and access occurring in and through your account. You agree not to hold us responsible to any unauthorized access of your account.
ChartSpan makes it simple to reset your password whenever you need. If you suspect someone has attempted to access your account or illegally accessed your account, please email us immediately at [email protected].
We are constantly improving and updating ChartSpan. If we change something about ChartSpan, don’t worry. We’ll preserve your personal and private data and ensure it remains accessible.
ChartSpan uses certified encryption methods to protect your data. We not only encrypt our servers where your data resides, but also when your data is “in flight” (transmitted across your network connection.) Our encryption methods make ChartSpan one of the most secure consumer healthcare technologies in the world.
The largest and most sophisticated companies in the world get hacked every day. Could it happen to ChartSpan? Absolutely. Are we prepared? Absolutely. Can we make a legal promise that your personal information will never be compromised or hacked? Absolutely not. We obsess about the security of your personal information and work hard to ensure it is secure. However, it is impossible to guarantee a breach will not happen.
You acknowledge and accept that you will not hold ChartSpan responsible for any illegal breach or access of your personal data.
Requesting Your Data
Let’s say you’ve been using ChartSpan for a long time and you have lots of records and data compiled in ChartSpan. Now let’s say something happens and you don’t want to use ChartSpan anymore, but you want all of your data. How do you get it? Easy. You use the feature in ChartSpan that allows you to “select all records” and either fax or email them to yourself. It’s that easy.
ChartSpan is not responsible for providing you with paper copies, CDs or electronic copies of your records. We created an easy way for you to export your records any time you wish. That is the only way to retrieve your information if you decide to leave ChartSpan. By the way, why would you ever leave us? We love you. Please stay!
Deleting Your Data
When data is deleted it becomes immediately inaccessible and cannot be retrieved. ChartSpan is not responsible for data or records you may delete. By accepting our terms, you agree not to hold ChartSpan responsible for deleted data.
Anonymous Data and Sharing
We are driven by three important goals at ChartSpan:
- We aspire to deliver innovative and life-changing healthcare technology to consumers and patients.
- We strive to deliver amazing patient engagement products to your doctor, clinic and/or hospital.
- Some day, we plan to partner with some of the world’s most respected healthcare researchers and companies to use anonymous and/or de-identified data to improve healthcare conditions and save lives.
One day, we intend to aggregate anonymized data from our users and share it with select healthcare partners who are working to improve health outcomes and patient engagement. This is one of the ways ChartSpan will make money and ensure ChartSpan is always free to consumers.
It is critically important to us that our users understand that we DO NOT sell your personally identifiable healthcare information to third parties. Any data we share with a third party is statistically unidentifiable and anonymous. This means any information that could identify you (like your name, address and phone number) is secure and private and will never be shared. Seriously, our mothers use ChartSpan. We have your back.
We are proud of how we protect our users’ privacy. We are also proud of the impact ChartSpan can make in improving healthcare outcomes by utilizing the anonymous data we collect. We may collect, aggregate and share all data entered into ChartSpan, except your personally identifiable information, like name or address. By using ChartSpan you consent to the collection and use of data as explained in this Agreement.
If we are required by a court of law or legal statute to turn over identifiable information, we would first make you aware of the situation. Also, if the threat of physical harm exists to you or someone else, we reserve the right to provide identifiable information to the proper authorities.
If ChartSpan is acquired, purchased, merges or is operated by another company, that company may become responsible for, own and have access to personally identifiable data in ChartSpan. In such case, ChartSpan will make our users aware of the change.
If you have any questions about how we manage your data in ChartSpan we are eager to answer your questions. You can email us at [email protected] or call our CEO, Jon-Michial Carter on his cell phone at 713.240.2454 or Chief Medical Officer/Founder, Patrick Carter, on his cell phone at (864)663-6595.
Service and Information Availability
There may be a rare circumstance where we need to restrict use or limit availability of ChartSpan for maintenance reasons. If this occurs, we will let our users know beforehand.
In the event of an unforeseeable situation preventing availability, we’ll be working hard to get our service back up, but we cannot assume any liability for the inability to access information during the service interruption. By accepting the terms of this agreement you agree not to hold ChartSpan responsible for the lack of availability of ChartSpan.
If any previous archived information ceases to be available or is deleted from ChartSpan’s servers you agree not to hold ChartSpan responsible.
ChartSpan Is Not Your Doctor
We loved the television show E.R. But we understood George Clooney wasn’t a real doctor. Neither is ChartSpan. If you think you need medical, dental or vision advice or attention, please go see a doctor. By using ChartSpan you understand and agree ChartSpan is not engaged in the practice of medicine.
Should you choose to use any third party service in ChartSpan you agree to indemnify (read: cover) ChartSpan for the performance of all third party services. We want to know if you aren’t happy with one of our partners, but you can’t hold us responsible for their actions. Kind of like your crazy brother, Larry… he’s part of your family, but you aren’t responsible for his actions.
ChartSpan may sell advertising in order to generate revenue. We will not sell or give access of your personally identifiable healthcare information to an advertiser.
We use analytical tools to monitor trends and usage of ChartSpan. Aggregated usage data helps us improve ChartSpan and serve our users better. ChartSpan will not allow any third party who has not agreed to a HIPAA required Business Associate Agreement (BAA) to access to your personally identifiable data. Only ChartSpan partners used in the delivery of services to you will have access to any portion of your data. For instance, we use secure encryption and manage your data in the cloud with Amazon Web Services (AWS.) We have a HIPAA BAA in place with AWS, ensuring your protection.
Our usage analytics may include the collection of technical data, including technical information about a user’s device, system, application software, peripherals and interactions with ChartSpan. This information is gathered periodically to assist in provisioning software updates, product support, product enhancements and other services related to ChartSpan.
We may receive and record information on our server logs from a user’s browser or mobile device, which could include IP addresses, cookie information, browser information and requested pages and features in ChartSpan.
In addition to acknowledging and agreeing that we may collect usage analytical data, you agree we may also collect location based data through ChartSpan.
You hereby agree to indemnify ChartSpan against any losses, damages, costs, liabilities, legal expenses and other expenses incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
(Forgive us, our attorney’s required we make our “Liability Limitation” and “Warranty Disclaimer” sections “conspicuous,” thus the bold, underlined and italicized text.)
You cannot recover any damages from us related to your use of ChartSpan. This includes any indirect, direct, incidental or punitive damages.
By accepting the terms of this agreement you agree and understand you will submit to mediation with ChartSpan should any conflict arise. You also agree and understand you will not initiate or be a party to any class action legal proceeding.
We provide ChartSpan “as is.” We do not warranty ChartSpan. We disclaim all express and implied warranties or guarantees. This includes all statutory warranties and includes, without limitation, any warranties regarding any ChartSpan service, feature or result.
Jurisdiction will be governed in accordance of the laws of the State of Delaware.
This Agreement supersedes and replaces any and all prior and existing representations, understandings, and agreements, expressed or implied.
Last updated: 03/25/16