Effective 30 November 2015
The data you generate, aggregate, track and compile with our service belong to you. We are providing a platform that enables these activities but we respect your ownership of your data, and will at no time expose, forward, share or sell your data with outside parties without your explicit consent. Conversely, we intend to provide mechanisms that simplify your ability to share your data at your choosing. You can download all of your data and/or delete your account at any time. If you wish to delete your account, please email a request to: firstname.lastname@example.org.
We plan to construct multiple levels of privacy such that you can opt for, and navigate between, four profile settings: 1) fully open sharing, with user name revealed (you set your username), 2) sharing only with specific groups and individuals you choose, 3) anonymous sharing (no username exposed) with the public or with specific groups and individuals, and 4) full privacy, no sharing. We suspect different users will want these levels of differential privacy depending on the topic or data. While we're not an entity subject to HIPAA, we plan to build privacy infrastructure that meets or exceeds these federal guidelines.
Your Life & Environment Information
- Content in the form of tags (a word or set of words) describing things you’re interested in tracking, e.g. migraine headache, aspirin, pain level.
- Device and app data (e.g. Fitbit, Withings, Basis etc)
- Lab results that you enter.
- Genetic data
- Other biodata
Website Data Collection
In addition to the data you input into precise.ly, in order to provide our full range of services, we may collect the following types of information:
- Information you provide by filling in forms on our website - When you become a registered user, we ask you for personal information (such as your name, email address and an account password).
- Log information - Our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We reserve the right to store and use this information for research purposes, to improve the functionality of our services, develop new services, and more. We also reserve the right to delete this information at any time.
- User communications - When you send email or other communication to precise.ly, Inc., we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
- Embedded URLs - In order to provide maximum site utility, precise.ly, Inc. may also use a tracking technique that uses embedded URLs to allow use of the Site without cookies. Embedded URLs manifest themselves as plain text or encoded extensions to the URL that appears in the browser address or location toolbar. This technology allows limited information to follow you as you navigate the Site, but does not reveal personal data and is not used beyond the session. While this increases your ability to surf the Site, it does not replace the functionality or streamlining of cookies and may limit your use of many convenience features offered by the Site.
We use information we collect for the following purposes:
- Auditing, research and analysis in order to maintain, protect and improve our services
- Providing our services to users, including the display of customized content
- Ensuring the technical functioning of our network
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online.
Where we store your Data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Terms of Service
Use of Web Site Information
You may download, view, copy, distribute, make derivative works, and otherwise use documents and graphics from our website and related documents (the "Documents") from the Site under the Creative Commons Attribution 3.0 Unported (“CC BY 3.0”) license. precise.ly, Inc. reserves the right to move to more recent versions of the CC BY license as they become available. Attribution should be made to precise.ly, Inc. including a link to the front page of the website at www.precise.ly.
Use of Web Site Data
Use of Software
Any software that is made available to download from the Site ("Software") is the copyrighted work of precise.ly, Inc. and/or its collaborators. Use of the Software is governed by the terms of the Software Distribution Agreement which accompanies or is included with the Software ("License Agreement"), or as expressly stated on the website pages accompanying the software. The Software is made available for download solely for use by end users according to the License Agreement. Absent a License Agreement that accompanies the Software, use of the Software will be governed by the Terms of Service.
Use of Documents and Publications on the Site
The precise.ly, Inc. website may contain copies of documents other than the website information and data, including but not limited to scientific publications, presentations, posters, and more. Except as expressly prohibited on the documents themselves, you are permitted to view, copy, print and distribute publications and documents within this Site, subject to your agreement that:
- Your use of the information is for informational, personal, and non-commercial purposes only;
- You will display the copyright notice and other proprietary notices pertaining to the individual sources if you redistribute or use them.
To make a submission of any copyrighted material to the Site you must either be the copyright owner or have the explicit permission of the copyright owner to do so. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. For data, you must either be the person about whom the data is gathered and concerns or have been provided sufficient permissions by that person (up to and including informed consent under HIPAA, the Common Rule, or other relevant national privacy legislation regarding health data) to enable you to post and share the data.
Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify precise.ly, Inc. immediately of any unauthorized use of your password(s). precise.ly, Inc. is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service.
Termination of Use
You agree that precise.ly, Inc. may terminate or suspend your access to the Site and any account(s) for Cause, wherein Cause shall mean (1) misconduct by the user of the precise.ly, Inc. website, (2) material breach of any provision of the Terms of Service, if such breach is susceptible to cure, such breach is not cured within 10 days of notice to the user, and (3) fraud or any other illegal or wrongful conduct by the user. In the event of terminating a user account, the user will receive notice stating the reasons for the termination or suspension. Access to the Site may be monitored by precise.ly, Inc. for research purposes as well as to enforce provisions of the Terms of Service.
Third Party Web Sites, Content, Products and Services
The Site provides links to Websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that precise.ly, Inc. is not responsible for the availability of, and content provided on, third party Websites. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. You agree that precise.ly, Inc. is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that precise.ly, Inc. is not responsible for:
- The quality of third party products or services;
- Fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services.
You agree that precise.ly, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Copyright/Database Notice and Take-down Policy
It is the policy of precise.ly, Inc. to respond to all notices of alleged copyright or database rights infringement. precise.ly, Inc. is not responsible for content on other websites that users might query or otherwise discover while using precise.ly, Inc. websites and other online properties.
This notice describes the information that must be provided in notices alleging copyright or database rights infringement found specifically on precise.ly, Inc. websites and other online properties. The goal of the policy is to make alleged infringement notices to precise.ly, Inc. as straightforward as possible, both for the alleging party and for the Company to review.
precise.ly, Inc., at its sole discretion, reserves the right to disable user accounts of precise.ly, Inc. websites and other online properties that may infringe upon the copyrights, database rights, or other intellectual property rights of precise.ly, Inc. and/or others.
In response to notices of alleged copyright or database rights infringement, precise.ly, Inc. reserves the right to remove the content (including but not limited to data, publications, documents, and graphics) claimed to be a copyright, database rights, privacy, or trade secrets infringement. If precise.ly, Inc. removes or disables content in this way, we will attempt to contact the responsible user(s) and notify them of the decision to remove. Users will have the opportunity to respond as detailed below.
To file a notice of an alleged copyright, database rights, privacy, or trade secrets infringement with us, you are required to provide a written communication only by email to email@example.com. Please be advised that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that a product or activity is infringing upon your copyright, database rights, privacy, or trade secrets.
To file a notification of claimed infringement, you will need to send a written communication that includes substantially all of the information listed below. (Please consult your legal counsel to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner ("authorized person") of an exclusive right that is allegedly infringed.
- Identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Consortium to locate the material. Providing URLs in the body of your written communication is the best way to help us locate the content quickly.
- Information reasonably sufficient to permit the Company to contact the authorized person, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the authorized person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the authorized person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notification should be sent to our designated agent via email.
When the Company receives a takedown notification of alleged infringement, the Company removes the material that is the subject of the notification. If the Company removes materials that you have uploaded onto the Company website or other online properties, the Company will attempt to contact you about it.
If you believe your content was removed as a result of mistake or misidentification, you may submit a Counter-Notification that includes substantially all of the information listed below.
- Your name, address, telephone number and physical or electronic signature;
- Identification of the material and its location before removal;
- A statement under penalty of perjury that the material was removed by mistake or misidentification; and
- A statement that you will accept service of process from the person who provided notification of claimed infringement.
Such written notification should be sent to our designated agent via email.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- precise.ly, Inc. shall promptly provide the Complaining Party with a copy of the Counter-Notification;
- precise.ly, Inc. shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- precise.ly, Inc. shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided precise.ly, Inc.’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on precise.ly, Inc.'s system.
Finally, Notices and Counter-Notices with respect to this website must meet all relevant statutory requirements in force at the time of their submission and imposed by relevant legislation.
Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice (with your personal information removed) may be published.
A link to your published letter may be displayed in place of the removed content.
Medical/Clinical Use Disclaimer
Materials on this Site have not necessarily been reviewed or approved by relevant clinical authorities.
All materials on this Site are provided for informational and review purposes. It is not intended to and does not in any way substitute for professional medical advice.
The materials should not be relied upon for medical diagnosis or treatment, nor should you disregard the advice of your physical or other health care provider or delay seeking such advice due to anything you have read on or accessed through the Site. precise.ly, Inc. assumes no responsibility for any injury and/or damage to person(s) or property as a matter of products and/or services liability, negligence or otherwise, or from any use or operation of any methods, products, service, instruction or ideas contained in the material provided by the Site.
Except where expressly provided otherwise, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. precise.ly Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. precise.ly Inc. makes no warranty that:
- The Site will meet your requirements;
- The Site will be available on an uninterrupted, timely, secure, or error-free basis (though we will undertake best-efforts to ensure continual uptime and availability of its data content);
- The results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. precise.ly Inc. shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. precise.ly Inc. reserves the right to make changes or updates to the Site at any time without notice.
Limitation of Liability
In no event shall precise.ly Inc. be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, business, goodwill, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence), arising from your access to, or use of, the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless precise.ly, Inc., its staff and associates, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
Viruses, Hacking and Other Offenses
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the legislation in some countries. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other site without our express permission.
Links from our Site
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
Delaware courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country].
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Delaware.
Thank you for visiting our website.