Terms and Conditions / Privacy
CheckRare has created this privacy statement to demonstrate our commitment to our users’ privacy. The following discloses our information gathering and dissemination practices for CheckRare.
TERMS AND CONDITIONS OF USE
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE CHECKRARE WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the “Site”).
By using the Site, you agree to be bound by these Terms and Conditions, including the Privacy Policy. If you do not agree to all of these Terms and Conditions, you are not authorized to use the Site, in which case you should immediately exit and not use the site.
Biotech 5 Inc. CheckRare, and CheckRareCE Inc. (“we” or “our”) owns and operates CheckRare.com and CheckRareCE (“Sites”). This privacy policy (“Policy”) governs the manner in which we collect, use, maintain and disclose information collected from users (“User” or “you”) of our websites, social media platforms, or through any other interactions you may have with CheckRare (all of which will be referred to collectively, together with the Sites and Apps, as the “Services”). This Policy also explains how you can exercise certain rights you may have in connection with your privacy and the information we collect from you.
This Policy is effective as of December 15, 2021.
MEDICAL AND HEALTH INFORMATION
You acknowledge and agree that the materials on the Site are provided for information purposes only and without warranties of any kind. The materials on the Site are not meant to be used for self-diagnosis or to replace the services of medical professionals. While CheckRare endeavors to keep the materials on the Site current, healthcare information changes rapidly and thus, the materials on the Site should not be relied upon to be fully comprehensive or error free.
The content should not be used to diagnose, treat, or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.
In certain instances, CheckRare permits third parties to provide testimonials and information. CheckRare may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Site are not necessarily those of CheckRare or endorsed by CheckRare.
LINKS TO THIRD PARTY SITES
CheckRare contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of CheckRare and CheckRare is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.
INDEMNIFICATION
As a condition of your access to and use of the Site, you agree to hold CheckRare its officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including, but not limited to, attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms and Conditions including the Privacy Policy, and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site.
LIMITATION OF LIABILITY
In no event and under no circumstances shall CheckRare, its officers, directors, employees, agents, and attorneys be liable to you or any third party for special, incidental, punitive or consequential damages (including, without limitation, any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Site, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Site.
DISCLAIMER OF WARRANTIES
THE SITES (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk.
CheckRare and its officers, directors, employees, agents, attorneys, and suppliers also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
JURISDICTION
You agree that exclusive jurisdiction for any dispute with CheckRare, or in any way relating to your use of the Site, resides in the courts of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute, including any claim involving CheckRare or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
CHANGES TO THIS POLICY
We retain sole discretion to update this Policy from time to time. When we update this Policy, we will post a notification on the main page of our Sites and Apps and update the Policy’s effective date. You acknowledge and agree that it is your responsibility to review this Policy periodically and become aware of modifications. Your continued use of the Services after any changes are made to this Policy constitutes your acceptance of the changes. If any of the changes are unacceptable to you, you should cease using the Services.
DMD HEALTHCARE COMMUNICATIONS NETWORK
This website is a member of the DMD Healthcare Communications Network (the “HCN”). HCN is owned and managed by DMD Marketing Corp (“DMD”) and is designed to enable DMD and HCN members to provide medically relevant business communications to authenticated health care professionals. Your registration at this website includes registration with HCN. As a result, your contact and other professionally relevant information will be disclosed to DMD and each HCN member to provide you medically relevant content as described the HCN privacy policy available at https://HCN.health/privacy-policy/. The HCN privacy policy provides details on how to manage your information, including opting out of participation in the HCN. To the extent that this site’s privacy policy conflicts with the HCN privacy policy, with respect to the use of this information by HCN, the conflict will be resolved in favor of the HCN policy.
COLLECTION OF PERSONAL DATA
Personal data (“Personal Data”) is generally defined as information that, by itself or in combination with other information, may be able to identify you or could reasonably be associated with you, your household or your accounts.
We may collect Personal Data from Users who voluntarily provide such information in a variety of ways on or through the Sites, Social Platforms, and/or other Services. For example, Users may be asked for Personal Data including:
- Contact Information such as your name, practice name, phone number, email address or mailing address.
- Professional Information like your practice name, office address, other business information or national provider identifier (NPI) number, area of expertise, and the professional education courses and other resources you use, attend or participate in through the Services.
CheckRare may collect some of your contact information and professional information from pharmaceutical companies that provide us with physician level data (“PLD”), which we then use to track the content you listen to and/or view on or through the Services. The pharmaceutical companies that provide us with your PLD may receive professional information about any CheckRare courses you attend or other Services you use as a result of this process. This exchange of PLD and other professional information may result in you receiving advertising content that is based on the CheckRare content you listen to and/or view, and other Services you use.
We may also collect your IP address and other browser information in an automated manner through the use of cookies as described, below. We will collect any other Personal Data from Users only if they voluntarily submit such information to us.
Users can always refuse to supply Personal Data, except that doing so may prevent Users from engaging in certain activities or content related to the Services.
INFORMATION THAT WE COLLECT
We may associate Non-Personal Information with Personal Information and upon doing so such information will become Personal Information.
- Registration. When you register to become a member of CheckRare, we request certain Personal Information from you such as your name and email address, zip code, profession, and occupation/ specialty.
- Sponsored Programs: When you use the Services you may be presented with advertisements and informational programs (“Sponsored Programs”), in each case consisting of content selected by third party sponsors, including pharmaceutical companies. All advertisements and Sponsored Programs (including any links to Sponsored Programs) will be identified to you by the label Advertisement, Information from Industry, Sponsored, or some similar designation indicating that the content has been selected by a third-party sponsor.
- Continuing Medical Education. When you participate in a Continuing Medical Education (CME) or a Continuing Education (CE) activity made available to you through CheckRare, you may be asked to provide Personal Information as required by that particular activity.
- Additional Forms: From time to time we may offer you the opportunity to receive additional information or services from us or from third parties. If you wish to receive such information, you may be asked to provide additional Personal Information to fulfill the request.
- Cookies and Web Beacons.We collect Non-Personal Information about your use of the Website through the use of cookies and web beacons. “Cookies” are small data files that we assign to your computer’s hard drive when you visit the Website or open an email. Most browser software can be set to reject all cookies, however, if you choose to reject cookies then your ability to access and use the Website and Services will be limited.
NOTE TO USERS OUTSIDE OF THE UNITED STATES
CheckRare is located in the United States. We will collect, store, and process your information that we obtain from the use of the Services in the United States and these activities shall be governed by applicable United States laws and regulations and this Privacy Policy. The information may be available to the United States government or its agencies under legal process made in the United States. In addition, we may transfer your information outside the United States to service providers and customers with operations in other countries. By using the Services, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your information.
CHILDREN’S PRIVACY
CheckRare and the Services are designed and intended for use by adults, and are not intended for nor designed to be used by children under the age of 18. We do not collect Personal Information from any person we know is under the age of 18.
SHARING YOUR PERSONAL INFORMATION
We may share certain portions of Personal Data and other information with third-party service providers to help us operate the Sites, Apps, other Services, our business, or to administer activities on our behalf. This may include sharing your:
- Professional Information with a search service to help us look up your NPI number, or with pharmaceutical companies and providers of advertising services in connection with the exchange of your PLD as described above.
- Device Information with our content delivery vendor to provide content on or through the Services, and with analytics service providers with whom we have contractually committed to provide data for analytical purposes.
- Contact Information with our email and shipping vendors for the purpose of sending out newsletters, surveys, or marketing materials from CheckRare.
We may share your information with these third parties unless you have specifically requested to be removed from our database and CheckRare has no other legal obligation to retain your information and process it as necessary to fulfill contractual obligations or for other legitimate business.
If CheckRare is involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
COMPLETE AGREEMENT
These Terms and Conditions and CheckRare Privacy Policy constitute the entire agreement between you and CheckRare with respect to the use of the Site.
E-MAIL UPDATES
CheckRare offers weekly and periodic e-mails to our users who are interested in learning about a specific disease, clinical trial, or rare disease topic. These e-mails are opt-in. If you wish to modify your address or unsubscribe, please send an e-mail to checkrare@gmail.com.
CONTACTING CHECKRARE
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may contact us here.