Effective date: October 11, 2017
Poppin' Jay, Inc. d/b/a Continuum Clinical and its affiliated entities (collectively, "Continuum Clinical" or "we" or "us") respect your personal information and privacy.
We collect contact information. For example, we might collect your name and email address. We may also collect your phone number and mailing address.
We collect health and lifestyle information. We may collect information about your overall health, physical condition and capabilities, or specific medical conditions. We may also collect information about medications you use. We may collect information about your lifestyle including alcohol consumption, regularity of exercise, smoking, or other habits and activities.
We collect information you submit. We may collect the information you submit on our questionnaire. We also collect information when you contact us.
We collect demographic information. We may collect information like your age or gender. We may also collect your date of birth. We may collect your race and ethnicity. We may also collect your postal code and country.
We collect other information. If you use our website, we may collect information about the browser you’re using. We might look at what website you came from, or what website you visit when you leave us. We may collect location information provided by the device or network you are using to access the Platform. If you use our app, we might look at how often you use the app and where you downloaded it. We collect this information using tracking tools. Learn more about these tools and how you can control them, here.
We collect information directly from you. We may collect information by providing you with questionnaires to complete. We also collect information if you contact us online or by telephone or text message.
We collect information from you passively. We use tracking tools like browser cookies and web beacons to collect information from you. We collect information about you over time when you use this Platform. We may have third parties collect personal information this way. We may also collect information from our apps. Learn more about these tools and how you can control them, here.
We get information about you from third parties. For example, our business partners may give us information about you. This may include the trial site or the trial sponsor. Social media platforms may also give us information about you.
We combine information. We may combine information that we have collected offline with information we collect online. Or we may combine information we get from a third party with information we already have.
We use information to determine clinical trial eligibility. For example, we may use your information to determine if you can participate in a clinical trial. We may also use your information to determine if a different clinical trial may be appropriate for you.
We use information to respond to your requests or questions. For example, we may use your information to respond to your feedback.
We use information to improve our products and services. We may use your information to make our platform and products better. We may also use your information to measure the effectiveness of our services. We might also use your information to customize your experience with us. To learn more click here.
We use information for security purposes. We may use your information to protect our company and our customers. We may also use information to protect our Platforms.
We use information for marketing purposes. For example, we might provide you with information about a clinical trial related to your health condition. We might also provide you with information about treatments or medications relevant to your medical conditions. To learn about your choices for these communications, read the choices section below.
We may use push notifications on our mobile apps. We may send you push notifications about services or reminders related to your participation in our programs. We may send push notifications based on your preferences as you have provided to us through our mobile apps.
We use information as otherwise permitted by law or as we may notify you.
We will share information with clinical trial sponsors. We will share blinded aggregate information related to the performance of our marketing efforts, our Platforms and the progress of clinical trial participation with the trial sponsor.
We may share your information with trial sites. We will share your information with medical facilities conducting the clinical trial. We may share this information even if you decide not to participate in the trial. The trial sites may share your information with other third parties, including the trial sponsor.
We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We also share information with companies that help us operate our platforms. You can contact us here, if you want to learn more about how our service providers use your information.
We will share information in order to comply with the law or to protect ourselves. For example, we will share information to respond to a court order or subpoena. We may share information if a government agency or investigatory body requests it. This includes sharing information with the US government. We might share information if we are investigating potential fraud.
We may share information with a successor to all or part of our business as permitted by law. For example, if part of our business is sold, we may include customer information as part of that transaction.
We may share information for other reasons we may describe to you.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. If you object to our use of your information for direct marketing purposes, please email us at [email protected]. Even if you opt out of getting our marketing messages, we will still send you transactional messages. These include responses to your questions.
You can control tools on your mobile device. For example, you can turn off the GPS locator on your phone.
The Internet is not 100% secure. We cannot promise that your use of our Platforms will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.
We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.
Information we maintain may be stored in the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This platform is subject to U.S. laws, which may not afford the same level of protection as those in your country.
If you have any questions about this policy or want to access, delete, correct or update your information, please email us at [email protected].
You can also write to us or call at:
2000 NE 42nd St. #243
Portland, OR 97213-1305
From time to time we may update this Platform and these Terms. Your use of this Platform after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated.
Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Company Content") is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Platform for use in any publications, in public performances, or on websites other than this Platform for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company's or its licensor's property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or Third Party Content that appears on this Platform.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
The following requirements apply to your use of the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Platform for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Platform you may be able to submit written posts and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Company; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Company, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or feature of the Platform. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Platform or features therein. Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if Company deems that you have violated these Terms, the law, or for any other reason. Company assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Where permissible by law, you agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and Platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Company or this Platform.
The use of the app version of the Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.
Company may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any telecommunication costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the "LAEULA") published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Platform is considered the "Licensed Application" as defined in the LAEULA and Company is considered the "Application Provider" as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party's intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Company makes no representations about the reliability of the features of this Platform, the Content, User Content, or any other Platform feature, and where not limited by applicable law, disclaims all liability in the event of any service failure. You acknowledge, as permitted by applicable law, that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content or User Content will be preserved.
Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any Platforms which contain or suggest an endorsement by Company without the prior review and written approval of Company.
THIS PLATFORM IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Illinois without regard to conflicts of laws principles. By using this Platform, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Illinois. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Platform and/or these terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms.
If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and Company, and where appropriate under applicable law is accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and Company regarding the use of the Platform. As permitted by applicable laws by using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.© 2018 Continuum Clinical, All rights reserved.
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