CONNECTICUT CHILDREN’S MEDICAL CENTER TERMS OF USE FOR CONNECTICUT CHILDREN’S MOBILE APPLICATION
 

Last Updated: May 31, 2022
 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS MOBILE APPLICATION.
 

CONNECTICUT CHILDREN’S MEDICAL CENTER (“CONNECTICUT CHILDREN’S,” “WE,” “OUR”) PROVIDES THE CONNECTICUT CHILDREN’S MOBILE APPLICATION (“APPLICATION”) TO YOU SUBJECT TO THESE TERMS OF USE (THE “TERMS”). BY USING THIS APPLICATION, YOU AGREE TO THESE TERMS AND YOU UNDERSTAND THAT THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CONNECTICUT CHILDREN’S.
 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS APPLICATION. WE MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USAGE OF THE APPLICATION WILL MEAN YOU ACCEPT THOSE CHANGES.

1. THIS APPLICATION DOES NOT PROVIDE MEDICAL ADVICE

The contents of this Application, such as text, graphics, images, and other materials created by Connecticut Children’s or obtained from Connecticut Children’s licensors, and other materials contained on this Application (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Application. Talk with your healthcare provider about any questions you may have regarding a medical condition. You assume full responsibility for how you choose to use the Content from this Application.
 

IF YOU THINK YOU OR YOUR CHILD MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Always seek the advice of your doctor or other qualified healthcare provider before starting any new treatment or discontinuing an existing treatment. Talk with your healthcare provider about any questions you may have regarding a medical condition. You should recognize that the information provided in this Application is not intended as a substitute for visiting a doctor or seeking medical care.
 

Connecticut Children’s does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Application. Reliance on any information provided by Connecticut Children’s, Connecticut Children’s employees, others appearing on this Application at the invitation of Connecticut Children’s, or other visitors to this Application is solely at your own risk. The search for nearby treatment facilities is based upon Google search parameters and will return results based upon how facilities manage their website information. If you are aware of closer or more appropriate facilities in which to seek care, use your best judgment in selecting a site of care.

2. PRIVACY

We do not collect any personally-identifiable data while you use this Application. Using this Application does not require registration or any other method of sharing personal information with Connecticut Children’s, i.e., any such transaction is totally anonymous. Whenever you use this Application, we do collect the information that your device sends to us, which is referred to as Log Data. This Log Data may include information such as your device type, Internet Protocol (“IP”) address, operating system version, the date and time of your use, and other statistics. If you use Android devices, we also collect your connection type (cellular or WiFi) during an error. We do not sell or license your information. These are examples of the limited ways we interact with your information in connection with our mobile apps:

When you choose to add a profile photo to our Application, you may select an existing photo on your device or take a new photo using the camera app on your device. If you select an existing photo on your device, we store a copy of your chosen photo in app-private storage on your device. If you use the camera app on your device to take a new photo, the photo you take is first saved to your camera app and then also saved to app-private storage on your device. If you remove the photo from your profile or delete Our Application, the copy of the photo is deleted from the app-private storage, but the photo saved to your camera app remains available in your camera app until you choose to delete it. If you already have a photo stored in your profile through your healthcare organization – We do not interact with that photo in any way.

When you choose to use Apple’s HealthKit or Google Fit, we create encrypted identifiers to identify recipients of your Apple’s HealthKit or Google Fit data and store them on your device in app-private storage. If you choose to stop using Apple HealthKit or Google Fit or delete our Application, the identifiers are deleted.

When you choose to view documents from your healthcare organization (such as letters or images) using the Application, to make the files viewable for you we temporarily store copies on your device in app-private storage. The temporary copies are deleted when you close your session on the Application.

If we offer automatic appointment arrival and you choose to enable it, we temporarily store identifiers and times for your upcoming appointments in app-private storage to detect when you arrive for an upcoming appointment. If you choose to stop using the Application or you disable automatic appointment arrival, the identifiers are deleted.

If we offer location-based check in for in-person appointments, or allow you to find healthcare providers near you, you may choose to allow the Application to interact with your location data for those purposes. We do not store your location data.

If we allow you to notify front desk staff electronically when you arrive for an appointment, you may choose to allow the Application to interact with your Bluetooth data for this purpose. We do not store your Bluetooth data.Please refer to our general Privacy Policy for more details about the information we collect when you visit other Connecticut Children’s web sites.

4. COPYRIGHT AND PROPRIETARY RIGHTS NOTICES

This Application (including all software, text, materials, graphics, logos, images and other design elements contained therein) is the property of Connecticut Children’s, or our licensors, subsidiaries or affiliates (collectively, “Business Partners”), and are protected by United States of America and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this Application as a collective work and/or compilation, and in the selection, coordination and arrangement of the content contained in this Application. Neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of this Application, including, without limitation, any Content contained in this Application, may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations. None of the material on this Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, in whole or in part, without the prior written permission of Connecticut Children’s or the respective copyright owner of such material. Connecticut Children’s owns numerous trademarks and service marks. All trademarks, service marks, product names, trade names or logos that appear on this Application are the property of their respective owners.

When content from original works is included on this Application, we provide references which are the intellectual property of their authors/publishers (or the public domain when appropriate). However, if you believe this Application violates your copyright(s), please don’t hesitate to send us an email at https://www.connecticutchildrens.org/mobile-app-support-ios/ and we will remove the offending content.

5. THIRD PARTY CONTENT

The Application may utilize and/or contain links to websites or other content owned or operated by third parties, including, but not limited to, MyChart, EyeDog (indoor wayfinding), FlashParking (valet service) and Google Maps (location services) (“Third Party Content”). You acknowledge that the Third Party Content is provided for your convenience only. We do not control Third Party Content and are not responsible for the content or performance of the Third Party Content. The inclusion of Third Party Content does not imply any endorsement of such Third Party Content or any association with the parties that own or operate the Third Party Content. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that Connecticut Children’s makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. To the maximum extent permitted by applicable law, we will not be liable for any Third Party Content utilized by or linked to through the Application, including, but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via the Services.

6. DISCLAIMER AND LIMITATION OF LIABILITY

YOUR USE OF THIS APPLICATION AND YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU AT OR THROUGH THIS APPLICATION IS SOLELY AT YOUR OWN RISK. NEITHER WE NOR OUR BUSINESS PARTNERS ASSUME ANY LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONNECTICUT CHILDREN’S EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR INFORMATION FOUND ON THIRD PARTY SITES OR APPS THAT LINK TO OR FROM THE APPLICATION. CONNECTICUT CHILDREN’S CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY APPS OR SITES.

This Application, including, without limitation, the Content, is provided on an “AS-IS”, “WHERE-IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis without any representations, warranties, covenants or conditions of any kind. Connecticut Children’s, its Business Partners, and this Application’s authors and developers assume no responsibility for any erroneous results due to defects related to this Application. Without limiting the generality of the foregoing, neither Connecticut Children’s nor any of its Business Partners, developers or authors make any warranty that this Application, including, without limitation, the Content, will be accurate, complete, current, uninterrupted or error-free, or that defects, if any, will be corrected. ACCESS TO AND USE OF THIS APPLICATION AND INFORMATION PROVIDED THEREIN IS PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO THE QUALITY, ACCURACY, CURRENCY, SUITABILITY OR NON-INFRINGEMENT AND CONNECTICUT CHILDREN’S HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. NEITHER CONNECTICUT CHILDREN’S, ITS BUSINESS PARTNERS, THIS APPLICATION’S AUTHORS NOR ANY OTHER PARTY INVOLVED IN THE PREPARATION, PUBLICATION OR DISTRIBUTION OF THIS APPLICATION SHALL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, CHARGES, CLAIMS, COSTS, DEMANDS, LOSSES FEES OR EXPENSES OF ANY NATURE OR KIND ARISING IN WHOLE OR PART FROM ANY USER’S USE OF OR RELIANCE UPON THIS APPLICATION AND THE INFORMATION CONTAINED WITHIN, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INDEMNITY

You agree to defend, indemnify, and hold Connecticut Children’s, its officers, directors, employees, agents, licensors, authors, reviewers, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, legal and accounting fees, resulting from, or alleged to result from: (a) Your use of this Application, (b) Your use of or reliance on any Content, (c) Your violation of these Terms, or (d) use of this Application by anyone else on Your device.

8. MODIFICATIONS AND ADDITIONAL TERMS

Connecticut Children’s has the right at any time to change or discontinue any aspect or feature of this Application. Connecticut Children’s reserves the right to refuse any user access without notice for any reason, including, but not limited to, any violation of the Terms. You agree that Connecticut Children’s may suspend or discontinue this Application (or any feature thereof) or change this Application at any time, for any reason, with or without notice, and without liability.

Connecticut Children’s can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on this Application and by notifying you through a pop-up notification on this Application. By using this Application after Connecticut Children’s has updated the Terms, you understand that you will be accepting and are agreeing to all the updated Terms. If you do not agree with any of the updated Terms, you must stop using this Application.

9. MISCELLANEOUS

These terms of use shall be construed in accordance with the laws of the State of Connecticut, United States of America, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Connecticut, acknowledge that venue is proper in any state or Federal court in the State of Connecticut and agree that any action related to these terms of use must be brought in a state or federal court in the State of Connecticut. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms may be assigned by Connecticut Children’s in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms shall survive any termination or expiration of these Terms.

10. ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us by visiting https://www.connecticutchildrens.org/mobile-app-support-ios/.

For Android Users – Required Google Play Disclosures for Certain Health Apps

Google has determined our Application is subject to their COVID-19 apps requirements. As a result, we are required to provide the following information so we can make our mobile apps available to you in the Play store

Our Application interacts with your microphone only if you choose to use your microphone to navigate our mobile apps. Our Application interacts with your camera roll only if you choose to add a profile photo to a profile in the Application. This information is not used in connection with COVID-19.

Our Application accesses, collects, uses, and shares your information as stated above in the section titled, “Privacy.”

Our Application was not created specifically for the COVID-19 pandemic. It existed before the COVID-19 pandemic to allow you to access your health information on file with your healthcare organization. Your healthcare provider may allow you to access COVID-19-related vaccination information, laboratory test results, and documents with illness-related information using the Application. You may choose if or how you want to access, display, or use the information – just like you can make those decisions about health information relating to other conditions, services, tests, or vaccinations.

Your healthcare provider may allow you to use the Application to conduct telehealth appointments with your healthcare providers. Our Application only provide the technical support for those appointments to happen. We do not interact with any health information about you exchanged during any telehealth appointments.