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Privacy
The Profiler Tool services provided by NexCura are an interactive decision support system that generates reports based on information that you enter into the system. These reports can be used by you and your doctor to support treatment decisions. The more information you enter, the more you will learn from the Profiler Tool reports. Profiler Tool services may be supported in part by funding provided by various entities ("Corporate Sponsors"). Additionally the Profiler Tools may be embedded or co-branded on websites or other properties owned and/or managed by entities seeking to make the Profiler Tools available to their users ("Third Party Providers"). Finally, if you participate in NexCura's additional services for your account ("Optional Updates") you may receive information and surveys concerning products and services offered by NexCura's clients ("Messaging Clients"). By creating an account or using the Profiler Tools and related services, you agree to the provisions of this NPP. I. WHAT DO TERMS SUCH AS PERSONAL INFORMATION AND MEDICAL INFORMATION MEAN? "Medical Information" means information entered by you into the Profiler Tool which is directly and specifically related to your or the Principal's medical condition. The contact and account information entered when registering for the Profiler Tool is not, by itself, considered Medical Information. Conversely, your Medical Information is not, by itself, considered Personal Information (see Personal Information). Only when we associate or link your Medical Information, or the Medical Information of the Principal in cases where the information is being entered by an Agent, with your or the Principal's Personal Information is Medical Information considered Personal Information -- for example, we may aggregate your Medical Information (without linking it to your Personal Information) with that of other Profiler Tool users and it will not be considered Personal Information. "Personal Information" means information that would allow someone to identify or contact you or the Principal, including, for example, your name, address, telephone number, and e-mail address, or the name, address, telephone number and email address of the Principal in cases where the information is being entered by an Agent. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (such as statistics about how many visitors NexCura received last month, or the number of Profiler Tool users who have a particular type of disease). "UID" means a unique user identification number, which is assigned to you or the Principal when an account is created. The UID is not, by itself, considered Personal Information. Only when we associate or link a UID with someone's Personal Information is the UID considered Personal Information. II. WHAT PERSONAL INFORMATION AND/OR MEDICAL INFORMATION DOES NEXCURA COLLECT FROM YOU? Creating an Account. Use of the Profiler Tool requires that an account be created. If you choose to create an account, we collect at the minimum the following information about you or the Principal in cases where the information is being entered by an Agent: (a) an e-mail address for you or the Principal, (b) a password for you or the Principal, and (c) a reminder hint in case you forget the password. You may also be asked to provide additional information such as (a) your or the Principal's partial or complete name, (b) your or the Principal's partial or complete mailing address, and (c) your or the Principal's phone number. Once an account has been created, we will assign a UID to you or the Principal. At this time you may also participate in Optional Updates communications for yourself or the Principal, which may include product information, information about clinical trials, and offers to participate in research surveys (also see Personal e-mails/Messages below). The Profiler Tool. The Profiler Tool collects your Medical Information or the Medical Information of the Principal in cases where an Agent is using the Profiler Tool for the Principal, which you agree is provided on a voluntary basis and with your or the Principal's express authority and consent. Use and disclosure of Medical Information is limited (see Section III, Medical Information and Section IV), and its transmission is protected using encryption technology (see Section VIII, Security Measures). Other Information. If you participate in Optional Updates for yourself or the Principal we may collect additional personal information. You also agree that this information is provided on a voluntary basis and with your or the Principal's express authority and consent. Participation in research surveys, product information programs and clinical trial programs that are offered in NexCura's messaging programs may require you to provide Personal Information and/or Medical Information to NexCura's Messaging Clients or their representatives who administer those programs. The information you provide to Messaging Clients in these programs is subject to the terms and privacy policies of those parties administering the programs. Furthermore, our Third Party Providers, who embed the Profiler Tools on their websites, may transmit to us comments that you send to their customer support that requires a response from NexCura, and those comments may contain Personal Information Browsing Information. When you browse or use the Profiler Tool service, we collect certain browsing information including the following: (a) your IP address, (b) the date and time at which you accessed the service, (c) the pages that you visited, (d) the link you followed to reach the service, and (e) your browser and operating system. In most cases, your IP address indicates the domain of your Internet service provider, but does not personally identify you. Even if you have a static IP address, however, we will not associate browsing information with your Personal Information. Cookies. Cookies are small files of information that are placed on your computer's hard drive by your Internet browser. The Profiler Tools and NexCura's messaging program surveys set cookies, and you agree to this practice. The purpose of the cookie is to identify visitors who have used the Profiler Tool and certain features of it before. No personal or contact information is collected in this process and no substantial changes to your computer are made. Third Party Providers and their advertisers may also set cookies in connection with their content and advertisements but we do not control their use of cookies. III. HOW DOES NEXCURA USE YOUR PERSONAL AND/OR MEDICAL INFORMATION? Anonymous and Aggregated Information. We may use anonymous information such as browsing information or aggregated user information to develop reports and analyses that help us enhance or promote our services. Personal e-mails/Messages. We may use the Personal Information to contact you or the Principal if you request or have granted permission for us to do so, or if there is a problem or an update to your account that requires you to be notified. We may use the Personal Information in connection with the password hint phrase to verify your identity if you request a modification of your account or if you request your password. If you are participating in Optional Updates we will use your Personal Information to contact you with those updates. Medical Information. Medical Information, in non-aggregated form, is used primarily for the creation of reports through the Profiler Tool and related services. Reports may include treatment options, interactive features, and spreadsheets. Based on the data that is entered into the Profiler Tool by you or the Agent on behalf of the Principal, we may generate particular links that can be used to connect to websites where you may register for clinical trials, participate in market research studies or other online activities. In addition, provided that you are participating in the Optional Update to receive information about clinical trials, we will attempt to match your Medical Information or the Medical Information of a Principal where the Medical Information is entered into the Profiler Tools by an Agent, with appropriate clinical trials. If we think you will make a good match for a clinical trial that NexCura is promoting through its messaging services, we will send an email to the email address you provide when you set up your account to inform you of the match. The clinical trials that NexCura represents may be limited to those of its Messaging Clients and may not be inclusive of all clinical trials for which you may be eligible. We may receive a fee if you register for, are accepted into, or participate in, a clinical trial to which we have directly or indirectly referred you. By participating in the Optional Update, you (or the Principal) agree to this practice. IV. UNDER WHAT CONDITIONS DOES NEXCURA DISCLOSE YOUR INFORMATION? Generally. As a general practice, we do not disclose Personal Information or IP address to third parties. We may, however, disclose anonymous and aggregated user information (which includes Medical Information not associated with Personal Information) and any reports or analyses derived from such information to third parties. Such information or reports may be used to assist scientific or market research or promotion of our services. Sponsors of Clinical Trials, Research, Products and Services. If you are participating in Optional Updates to receive information from NexCura, and elect to participate in any of the Messaging Client's programs we may disclose your Personal Information to those Messaging Clients. For example, if you participate in a research program or request enrollment in a Messaging Client's program for which NexCura is administering the information collection, we will provide the information we collect to the Messaging Client for the purposes of the program. If after receiving a message from us about a specific treatment you report a treatment side effect or adverse event to us, we may be required to report that information to the manufacturer of the treatment in compliance with government or contractual requirements. If you click on a link within one of the messages we send you and the link leads you to a site not managed by NexCura, you should read the privacy policy on that site to learn about the site's privacy practices prior to providing personal information to the owners of that website. Whenever a disclosure of your Personal Information by NexCura to a third party is required or possible as a result of participation in any of our programs, we will describe that within the message or materials related to the program. Third Party Providers. We disclose to our Third Party Providers anonymous and aggregated user information, but only that information which is collected from registrants through that Third Party Provider's version of the Profiler Tool (e.g., accessible from that Third Party Provider's website). In addition, AHA receives reports that include the number of total users of each Heart Profiler on all Third-Party Provider's websites. Unless we or our Third Party Providers have obtained consent to do otherwise, we require that our Third Party Providers use such information only for internal purposes. However, we cannot control and are not liable for any use or misuse of data by our Third Party Providers. Contractors. We use third party contractors to help with some of our operations. Some of these third party contractors will have access to our database on a temporary basis for specific tasks. NexCura may also use third parties to help with certain aspects of its operations (such as ensuring we do not send email messages to those who have opted out of our Messaging Client's programs, clinical trials recruitment and enrollment), which may require them to access your Personal Information. NexCura takes steps to ensure that these contractors use your Personal Information only as necessary to perform the services they are asked to perform. The "Corporate Family." NexCura may share some or all of your Personal Information with the other companies under common control of PDR Network ("affiliates"), in which case NexCura will require its affiliates to honor this NPP. Factors Beyond Our Control. Privacy is very important to us. Due to factors beyond our control, however, we cannot fully ensure that your Personal Information will not be disclosed to third parties. For example, we may be legally obligated to disclose Personal Information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access your Personal Information. V. HOW CAN YOU ACCESS, UPDATE OR DELETE YOUR INFORMATION? Review and Update of Account Information. We believe you have a right to know the Personal Information and Medical Information stored by NexCura and to update or change any information you believe is incorrect. You may change your Personal and Medical Information within the Profiler Tool online at any time. Alternatively, you may make a request (by telephone, mail, or e-mail) to review your Personal Information. If you request that certain Personal Information be changed, we will make the changes to the extent commercially practicable. In addition, we will take commercially reasonable steps to propagate those changes to third parties with whom we may have shared your information pursuant to this Privacy Policy. How to Delete Information. At any time, you may request (by telephone, mail, or e-mail) that we remove your Personal Information and Medical Information from our database. Although we will delete your Personal Information and Medical Information from our "live" database upon request, your information may remain in our archives and records. VI. DOES NEXCURA PROVIDE PRIVACY PROTECTIONS FOR CHILDREN? NexCura feels strongly about protecting the privacy of children and encourages children to involve their parents in any online activities in which they participate. Therefore, if you are under the age of 13, you are not eligible to create an account with the Profiler Tool or our other services. If you are eligible to use NexCura's services, but under the age of 18, you must have the permission of a parent or guardian to do so. VII. HOW DOES THIS PRIVACY POLICY RELATE TO PARTNER WEB SITES? While the Profiler Tool service itself originates from NexCura's servers, in order to create a seamless experience for you, some web pages as well as headers and footers related to the service may originate from Third Party Providers' servers. Many of the links included in NexCura's messaging programs connect to Messaging Clients' sites and programs with privacy practices different from NexCura's. All pages presented by the Profiler Tool and originating from NexCura's servers will adhere to this NPP. You can usually tell that a page originates from our servers because there will be a link to this NPP on that page. We encourage you to review the privacy policies of web pages originating from Third Party Providers' and Messaging Clients' servers before engaging in activities on those pages. The American Heart Association, Inc. ("AHA") is presenting the Heart Profiler and the American Lung Association ("ALA") is presenting the Lung Profiler Tool in collaboration with NexCura for educational purposes and as a public service. The AHA and the ALA offer the Profiler Tools on their web sites (www.americanheart.org and www.lungusa.org, respectively). AHA and ALA have no access to the Medical Information or Personal Information, although AHA and ALA may gather information about you through "pop up windows" or links to the AHA's or ALA's Web sites. AHA AND ALA ARE NOT RESPONSIBLE IN ANY WAY FOR NEXCURA'S MEDICAL DATA COLLECTION, MEDICAL DATA CONFIDENTIALITY, MEDICAL DATA SECURITY OR MEDICAL DATA DISTRIBUTION ACTIVITIES FOR THE PROFILER TOOLS. The AHA and the ALA will receive from NexCura only statistical monthly reports on the numbers of new users, repeat users, total users and anonymous, aggregated reports of Profiler Tool user's medical information. You agree that the use of any information that you provide to AHA, ALA, Third Party Providers, Messaging Clients or Corporate Sponsors shall be governed by the privacy polices and terms of use of these companies and you agree that NexCura shall not be responsible in anyway whatsoever for their use of any information you provide to them. VIII. HOW DOES NEXCURA PROTECT YOUR PERSONAL AND MEDICAL INFORMATION? Account Modifications. We require verification of your identity before accepting requests to modify your Personal Information, Medical Information, or account. You verify your identity by logging into your account with the correct username and password, or answering certain questions correctly over the telephone or by e-mail communication. Security Measures. In areas of the Profiler Tool where Personal Information is entered and viewed, NexCura has industry-standard security measures in place to protect the loss, misuse, or alteration of the information under our control. To make the data transferred between your browser and our servers difficult to intercept, we use powerful encryption technology. Furthermore, our servers are housed in secure, controlled environments and protected by firewall technology. Except as provided elsewhere in this Privacy Policy, NexCura limits access to Personal Information to those persons in NexCura's organization who have a business need (including servicing your account, informing you of news and offers, or aggregating information) for such access. You should know, however, that no company, including NexCura, can fully eliminate security risks associated with Personal Information. The Profiler Tool. The information you provide to the Profiler Tool is stored on NexCura's servers and is linked to your UID. Access to the information which you provide to the Profiler Tool, as well as the optional information entered at registration, is protected by a password which you choose, and which is transmitted to our servers using powerful encryption technology. IX. GENERAL Amendments to this Privacy Policy. By using the Profiler Tool, you agree that this NPP may be amended or modified from time to time by NexCura without notice and, by continuing to use the Profiler Tool after the date this NPP has been amended or modified and posted on the Internet, you agree that you are bound by the then existing NPP. Mistakes. Even though NexCura has taken significant steps to ensure that your Personal Information is never collected, used, or disclosed by NexCura except as set forth by this Privacy Policy, mistakes are possible. If such a mistake takes place, we will take commercially reasonable steps to correct such mistake to avoid it in the future. Express Consent. You acknowledge and expressly consent to our collection and processing of your Personal Information by our computer servers located in the United States. If you are an Agent, you and the Principal acknowledge that you both have read this NPP, and the Agent and the Principal acknowledge and expressly consent to our collection and processing of the Principal's Personal Information by our computer servers located in the United States. Contact NexCura. Our intention is to be diligent in protecting your privacy by strictly following our Privacy Policy. If you would like to make suggestions or find out more about our privacy practices, please call us at 1-877-422-3228. Our mailing address is NexCura, 10101 Woodloch Forest, The Woodlands, TX 77380. Miscellaneous. The term "including" in this Privacy Policy means "including without limitation." This Privacy Policy supplements and is incorporated into the NexCura Terms and Conditions. This Privacy Policy constitutes the entire agreement and supercedes all prior agreements between you and NexCura concerning the subject matter discussed in this Privacy Policy. The Effective Date of this Privacy Policy is October 9, 2009.
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