Terms of Service and Privacy Policy

Last Updated:  May 3, 2018

General

Institute for People, Place and Possibility (IP3), a Missouri not-for-profit organization, have created the Kaiser Permanente (KP) Community Health Needs Assessment (CHNA) Data Platform,  http://kp-chna.ip3app.org/  website and related products and services and websites (collectively, the “Services”), to support KP communities and facilitate the community health needs assessment and process.  If you have any questions about these Terms of Service and Privacy Policy, please feel free to contact us at:

support@i-p3.org
Institute for People, Place and Possibility
18 S. Ninth Street, Suite 208, Columbia, MO
Columbia, MO 65201

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE LEGALLY BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE SERVICES OR ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF SERVICE WILL MEAN YOU ACCEPT THOSE CHANGES.

Compliance with Law

Users of the Services shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.

Intellectual Property

Copyright and Ownership.  The entire contents and design of the Services are protected under U.S. and international copyright laws. All of the content featured or displayed on the Services, including without limitation trademarks, logos, trade names, trade dress, text, graphics, photographs, images, moving images, sound and illustrations (collectively, the “Content”), is owned by IP3, its licensors, vendors, agents, and/or content providers, as applicable, and protected by intellectual property laws. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. IP3 and its Partners reserve the right to track the usage of Content. See Privacy Policy.

Except as may be otherwise indicated within the Services: (1) you are authorized to view, play, print, and download the Content for personal, informational and noncommercial purposes only; and (2) you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the Content or the information contained therein. You will not remove any copyright, trademark or other proprietary notices from the Content. Permission for any other use of the Content must be obtained from IP3 and its Partners in writing.

In using Content in accordance with these Terms of Service, you may not (1) state or imply that the IP3 and its Partners are endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with the IP3 and its Partners or any of the events, products or services that the IP3 and its Partners provides unless that relationship is the subject of a written agreement that has been signed by IP3 and its Partners. You will not access any Content of the Services through any technology or means other than the pages of the website itself, the Widgets (as defined below) or such other explicitly authorized means as IP3 and its Partners may designate. See “Access and Interference” below.

Trademarks. All trademarks, service marks and trade names of IP3 and its Partners used in the Services (including, but not limited to IP3 and Partners names logos) (collectively, the “Marks”) are trademarks or registered trademarks of the IP3 and its Partners or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without IP3 and its Partner’s prior written consent. The use of the Marks on any other web site or networked computer environment is not allowed.

Copyright Infringement. If you believe that any content on the websites infringes your copyright and you want the content removed from the website, please send a detailed message to

support@i-p3.org

Institute for People, Place and Possibility

18 S. Ninth Street, Suite 208, Columbia, MO
Columbia, MO 65201

Digital Millennium Copyright Act

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Embedded Content

To the extent that IP3 and its Partners make available to you through the Services (or otherwise) embedded content to obtain access to data visualizations from the Services (collectively, the “data visualizations”), you agree as a condition to accessing and using such items that you will not use the content for any commercial use, without the prior written consent of IP3 and its Partners. Prohibited commercial uses include, but are not limited to, any of the following actions: sale of access to the Services on another web site and use of the Services for the purpose of gaining advertising or subscription revenue.

Member Account, Password and Security

Some of the Services may require that you create/receive a password and account designation before using the Services. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify IP3 and its Partners and its Representatives from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify IP3 as set forth above of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.

Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service or is otherwise prohibited under applicable law. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services.

Access and Interference

You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Services automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (c) bypass any measures we may use to prevent or restrict access to the Services.

Indemnification

You agree to indemnify, defend and hold harmless IP3 and its Partners and their Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Services, any assistance or Services provided by us or the Representatives to you, any alleged unauthorized use of the Services by you, or any breach or alleged breach by you of these Terms of Service. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms of Service.

Availability

We take all reasonable measures to ensure the provided services are available 24 hours a day, 365 days per year.   However, the Service may not be available due to causes beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and therefore will not be liable if the website is unavailable.  Where reasonably possible we will provide users advance warning of maintenance issues but shall not be obliged to do so.

Release

In the event that you have a dispute with one or more other users of the Services, you release IP3 and its Partners and Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Data Integrity

We process personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable Service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Privacy Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Disclaimer of Warranties and Limitation of Liability

The content provided on the Services is presented is to be used only for informational purposes and is not represented to be error free. IP3 and its Partners make no representations or warranties of any kind with respect to the Services, such representations and warranties being expressly disclaimed. IP3 and its Partners do not warrant that the Services or the server(s) that make the Services available are free of viruses or other harmful components. Moreover, IP3 and its Partners do not represent or warrant that the content of the Services is accurate, complete or current for any specific or particular purpose or application. The Services are not intended to provide, nor should anyone consider that the Services provide, medical, legal, accounting, tax or other advice.

In no event will IP3 and its Partners or any of their officers, trustees, employees, agents, affiliates, contractors, or successors and assigns (collectively, “Representatives”) be liable for any damages-whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise-that might result from any use of or reliance on materials or links made available on or through the Services.

Applicable Law and Jurisdiction

The Services are controlled and operated from IP3 offices in the State Missouri. By accessing and using The Services, you agree to be bound by the Terms of Service of this agreement which is governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any conflict of laws principles. All activity occurring in connection with the site or Services (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Missouri.

In connection with any suit, action or proceeding arising from or relating to these Terms of Service, you consent to the jurisdiction of the federal and state courts within the State of Missouri.

Electronic Communications; Binding and Entire Agreement

You agree that (a) these Terms of Service constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the web site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms of Service (including the Privacy Policy) constitute the entire agreement between you and IP3 and its Partners and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms of Service and all documents or notices relating to them and your use of the Services.

Severability

If any of these Terms of Service is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms of Service will be enforceable to the fullest extent permitted by law.

No Waiver

IP3 and its Partners failure to enforce these Terms of Service in every instance in which they might apply is not a waiver of any of the IP3s and Partners rights, and IP3 and its Partners reserve their rights to take all legal steps available to enforce these Terms of Service.

Termination

We reserve the right to terminate the Services, access to the Services and/or these Terms of Service at any time without notice for any reason, including, in the case of these Terms of Service, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms of Service shall survive any such termination.

If you want to remove your account or have your account removed at any point you can do so by contacting us at support@i-p3.org.


Privacy Policy

Information We Collect About You and How We Use It:

In order to provide a full range of Services we may collect the following types of information about you:

  • Information you provide – When you sign up to use a Service that requires registration, we ask you for personal information (such as your name, e-mail address, postal address, etc.). We may combine the information you provide to us with information that we obtain about you through other services or third parties; we do this to provide you with a better experience and to improve the quality of the Services. For certain of the Services, we may give you the opportunity to opt out of combining such information about you.
  • Cookies – When you visit a website offered as part of the Services, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of the Services, including for storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of the Services may not function properly if your cookies are disabled.
  • Log information – When you visit a website offered as part of the Services, 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 use this information to improve the quality of the Services.
  • User communications – When you send e-mail or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve the Services.
  • Services offered through other websites – We offer some of the Services on or through other websites. Personal information that you provide to those sites may be sent to the IP3  in order to deliver the Service. We process such information under this Privacy Policy. The other websites through which some of the Services are offered may have different privacy practices and we encourage you to read their privacy policies.
  • Gadgets and Applications – The Services may include gadgets and applications (including third party gadgets and applications) that IP3 makes available. The information collected by IP3 when you use any such gadget or other application is processed under this agreement. Any information that may be collected by third party application providers or third-party gadget providers for their use is governed by their respective privacy policies.
  • Location data – Location-enabled services may be offered as part of the Services. If you use those Services, IP3 may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).
  • Links – The Services may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of the Services.
  • Other websites – This Privacy Policy applies to the Services only. We do not exercise control over all websites that include our applications, products or services, or links from within our various Services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

IP3 only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices that may be issued for specific Services. In addition to the above, such purposes include:

  • Providing our Services, including the sharing of information among the members of  displaying customized content;
  • Auditing, research and analysis in order to maintain, protect and improve  the Services;
  • Ensuring the technical functioning of the Commons;
  • Protecting the rights or property of IP3or our users; and
  • Developing new Services.

You can find more information about how we process personal information by referring to the supplementary privacy notices that may be issued for particular Services.

Specific Services

The services contained in this section enable the IP3 to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookie and Usage data.

Place of processing: USA – Privacy Policy – Opt Out

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

Right to Opt-in/Opt-out

When you sign up for a particular Service that requires registration, we ask you to provide personal information. We may combine the information you provide to us with information that we obtain about you through other services or third parties; we do this to provide you with a better experience and to improve the quality of  the Services. For certain of the Services, we may give you the opportunity to opt out of combining such information about you. You also can decline to submit personal information to any of our Services or to subsequently opt-out, in which instances we may not be able to provide those Services to you.

In addition, if we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific Service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes.

Accessing and Updating Personal Information

When you use the Services, we make good faith efforts to provide you with access to your personal information and for you to be able either to correct this data if it is inaccurate or to delete such data. Some of our Services may have different procedures to access, correct or delete users’ personal information. We will provide the details for these procedures in the specific privacy notices or FAQs for those Services. If you choose to delete personal information, we may not be able to provide the Services to you.

Changes to Terms and Conditions and Privacy Policy

Please note that these Terms and Conditions and  Privacy Policy may change from time to time. We will post any changes on this page and, if the changes are significant, we will provide a more prominent notice (which may include email notification of the  changes). Each version of these Terms and Conditions and Privacy Policy   will be identified by its effective date.