This Terms of Service Agreement (“Agreement”) is made by and between LUCID LOOP LLC, a Wyoming limited-liability company, (hereinafter “LLL”), and the User; collectively, referred to herein as "the Parties."
LLL is a business-to-business software-as-a-service (SaaS) company that provides a web
application (hereinafter, the “eCovery App” at ecoverysoftware.com) to businesses that
provide sober-living services to substance-abuse-recovering persons and are subjected to strict
government regulatory compliance and reporting. The eCovery App includes various enhanced features, as described herein.
The User desires to avail themself of the eCovery App services, and agree to be bound by the
following Terms of Service:
Unless otherwise defined herein, capitalized terms used herein shall have the following meaning:
“ADMISSION” shall mean the admission of a new Resident entering a Sober-Living Home.
"CHARGEBACK" shall mean a good-faith demand by a credit-card provider for LLL to make good the loss the credit card provider has incurred because User has without justification disputed a purchase for which User paid for using User’s credit card.
“DISCHARGE” shall mean a Resident leaving a Property for any reason(e.g., a failed drug test, the failure to make required payments, etc.).
“DOCUMENTATION” shall mean the user guides, online help, release notes, training materials and other documentation provided or made available by LLL to User regarding the use or operation of the eCovery App.
"PAYMENT PROCESSOR" shall mean any third party approved by LLL that enables a User to make payments to LLL.
“HOST” shall mean the computer equipment on which the eCovery App software is installed, which is owned and operated by LLL or its subcontractors.
“PAYOR” shall mean the person, or business paying LLL for the eCovery App.
"PRIMARY USER” shall mean the primary point of contact with LLL. This person is the payor who represents the sober living business, and assigns rights to all subsequent Users within the eCovery App. Within the application, this user is designated “Super Administrator,” has advanced user capabilities, and controls all user permissions. Such assigned Users represent the Primary User/Account Holder. All Primary Users/Account Holders shall be responsible to ensure that their assigned Users uphold this Agreement and any other Terms of Service on the eCovery website. It is also the responsibility of the Primary User that assigned Users do not enter any Protected Health Information that des not relate to treatment or necessary identification, including social security numbers.
“PROPERTY” shall mean the building where residents of a Sober Living Home reside. These are usually owned by a Sober Living Business Owner, and are often single-family or multi- family homes with standards in place for meeting room requirement, resident privacy, fire safety, etc.
"REFUND" shall mean the return of monies to a User after a good-faith dispute, which may be issued prior to a Chargeback.
“RESIDENT” shall mean anyone residing in a Sober-Living Home. Such persons can be paying or non-paying residents, as sometimes Sober-Living Homes trade rent for responsibilities, such as, e.g., becoming a house manager.
“SOBER-LIVING HOME” shall mean a sober, safe, and healthy living environment that promotes recovery from drug and alcohol use.
"USER" shall mean any User of the eCovery App, assigned by LLL or the Primary User. Some Users can assign additional Users. It is the responsibility of the primary user to promptly delete users not upholding this agreement, or who are no longer associated with the sober living business.
"USER ACCOUNT" shall mean the section on the eCovery App that can only be accessed by LLL or the User and that, among other things, details the Payment Processor and Payment Details, if applicable.
"WEBSITE" shall mean the website at www.ecoverysoftware.com, which provides access to the eCovery App and its various features, and is hosted by LLL.
a. LLL is a business-to-business software-as-a-service (SaaS) company that provides, on a non-exclusive basis, a web application (hereinafter, the “eCovery App” at ecoverysoftware.com) to businesses that provide sober-living services to substance-abuse-recovering persons. The eCovery App includes various enhanced feature, as described herein, but is not limited to those features described herein.
b. The eCovery App provides the following general functional features for the management of Sober-Living Homes:
(1) Property-Portfolio Management
(2) Resident Management
(3) User Management
(4) Activity Feed (Accessed by Administrators and Super Administrators)
(5) Archival of Resident List
(6) Dashboards and Financial Tracking (Accessible by Super Administrators Only)
a. The eCovery App and Website is only offered and available to Users who are 18 years of age or older. By using the Website, the User represents and warrants that the User is at least 18 years of age and is of legal age to form a binding contract with LLL . LLL may use third parties to verify eligibility requirements, which is detailed in LLL’s separate Privacy Policy, which is hereby incorporated by reference. If a User does not meet these age requirements, then User shall not be allowed to access or use the eCovery App and Website.
b. LLL reserves the right to make and publish changes to these Terms of Service at any time and at LLL’s sole discretion. All changes shall be effective immediately from the time LLL publishes said changes, and shall apply to all access to and use of the eCovery App and Website thereafter. By continuing to use the eCovery App and Website and related services, Users agree to the Terms of Service as modified or as they currently appear. Users are hereby notified that they are expected to periodically review the eCovery App and Website’s published Terms of Service so they are aware of any changes, which are binding on all Users.
c. Any and all information posted by LLL on the Website, including information for “Frequently Answered Questions” shall not be legally binding on LLL , and is for information purposes only and does not form part of the Terms of Service described herein.
a. By using the LLL Platform/Website, Users consent to receiving communications from LLL electronically, including emails and messages posted to the User’s Account, all as discussed LLL’s Privacy Policy www.ecoverysoftware.com/termsOfUse.
b. Users acknowledge and agree that all communications that LLL sends to them electronically satisfy any legal requirement that such communications be in writing. If any User desires to withdraw their consent to receiving communications from LLL, then such consent withdrawal shall be emailed to support@thelucidloop.com.
a. Modify, suspend, or terminate any portion of or the entirety of the eCovery App and Website at any time and without notice; and
b. Suspend or cancel any User Account, if in LLL’s reasonable opinion the User fails to comply with these Terms of Service and/or is violative of any applicable law; and
c. Monitor the use of the eCovery App and Website in order to verify compliance with these Terms of Service and/or any applicable law; and
d. Investigate any suspected or alleged misuse or unlawful use of the eCovery App and Website and cooperate with law-enforcement agencies in such investigation; and
e. Disclose information about Users’ use of the eCovery App and Website in connection with any law-enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; and
f. Restrict, limit, suspend, and/or terminate any User access to the eCovery App and Website or any portion thereof; and
g. Change the Payment Processors used by LLL , after performing reasonable good-faith efforts to verify the qualifications and good-standing of any prospective new Payment Processor, and after written notification to Users (including all applicable details) is transmitted to the User Account.
a. A User (including Primary Users and any of their assigned Users) is responsible for providing accurate information for their registration, including: a valid first name, last name, username, and a password. The entry of any inaccurate/invalid information shall be grounds to cancel or suspend the User’s Account A User’s access and use of the eCovery App and Website is conditioned that all of the User information provided by the User on the Website is correct, current, and complete.
b. The User agrees that all information provided by the User, including, but not limited to, information provided via any interactive features on the Website, is governed by LLL’s Privacy Policy at /www.ecoverysoftware.com/termsOfUse, and the User acknowledges that the User is aware of how and why LLL processes User personal data, as described in LLL’s Privacy Policy.
c. Full access to the eCovery App and Website requires that a Primary User provide valid payment-card information (e.g., credit or debit) to a Payment Processor, and said Payment Processor shall store such payment-card information. An automatic- account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to access the eCovery App and Website will expire as soon as the currently paid-for subscription period expires.
d. Depending on the payment processors ability, a User may choose to provide and store multiple payment-card details onto their User Account to account for the event whereby a payment from the first payment card listed is rejected (for whatever reason[s]), causing the next-listed payment card to be used for the full payment due.
a. A User Account can be deleted or deactivated by a Primary User, or LLL.
b. Deactivation/deletion of User Account shall take effect as soon as practicable, and all further charges will immediately be stopped. Full access to the eCovery App and Website will also be immediately stopped.
c. A User can deactivate their User Account; however, the deactivation will only take effect once the current paid-for subscription period has expired and no positive balance on that account remains.
d. LLL shall send deactivation notices to the email address listed in the Primary User Account, if the Primary User’s account access changes.
a. The User-Account registration and profile information is truthful and accurate.
b. The User is at least 18 years of age and is of legal age to form a binding contract with LLL.
c. If the User previously had registered a User Account with LLL , that previous registration was maintained in good standing and was not terminated or suspended by LLL for violation of these Terms of Service.
d. The User Account shall only be used for the User’s personal use and that the User shall not transfer or sell the User Account to a third party or otherwise facilitate a third party to access the User Account.
e. The User agrees that LLL has the right to audit its User Accounts at any time and to verify the User-Account information that was provided, as well as the User’s compliance with these Terms of Service. If invalid User-Account information is discovered and/or the User is found to not be in compliance with these Terms of Service, then LLL shall have the right to disable, suspend, or terminate the User Account.
f. The User acknowledges that the User is fully responsible for any and all activities that occur on the User’s Account and the User is responsible for keeping their login details confidential and secure. Further, the User agrees to not to disclose their login details to any third party and immediately notify LLL at support@thelucidloop.com if the User believes that their User Account has been compromised by a third party and/or some sort of security breach has occurred.
h. If the User is using the eCovery App and Website on behalf of a business or other entity, then the User is authorized to grant all the licenses required under these Terms of Service and that the User is authorized to bind the business or other entity to these Terms of Service.
a. The Payment Processor is responsible for the storage of the User’s payment-card information, and LLL does not store such information on its servers. An automatic- account-renewal option is available to the User to select so that monthly payments occur seamlessly, but is not required to be selected and if selected can later be cancelled. It should be noted that if the automatic-renewal option is not selected (or is cancelled), then the ability of a User to fully access the eCovery App and Website LLL Website/Platform will expire as soon as the currently paid-for subscription period expires.
b. ALL PAYMENTS TO VIEW/ACCESS THE ECOVERY APP AND WEBSITE ARE FINAL AND NON-REFUNDABLE.
c. If any User payment made is subsequently rejected by the Payment Processor or the User has initiated a Chargeback through their payment-card company, then LLL shall have the right to immediately suspend or deactivate the User Account.
a. The eCovery App and Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by LLL , LLL’s licensors, and/or other providers of such material and may protected by international copyright, trademark, patent, trade secret, and other intellectual-property or proprietary rights laws.
b. Users agree to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse-engineer, or transmit any of the material on the eCovery App and Website, except for: (i) automatic caching by the User’s Web browser for display-efficiency purposes; and (ii) the printing or download of one (1) copy of a reasonable number of pages of the Website for the User’s own personal and non-commercial use, where no further reproduction, publication, or distribution of said printouts or downloads shall take place. Paid- subscription Users may use the data that they access through the eCovery App and Website to create reports via the functional features of the eCovery App and Website.
c. The unauthorized use or publication of any LLL -owned materials in violation of this Section 5 shall result in the immediate termination of the User’s use and access to the eCovery App and Website. In such cases, LLL shall have the right to demand from the User to return or certify the destruction of such unauthorized copies of materials.
d. Users enjoy absolutely no right, title, or interest in or to the eCovery App and Website or any content on the eCovery App and Website, and all rights not expressly granted are reserved by LLL . Any use of the eCovery App and Website not expressly permitted by these Terms or Service shall be considered a material breach of these Terms or Service, as well as may violate copyright, trademark, and other applicable laws.
e. The LLL (Lucid Loop LLC) and eCovery name, logo, and all related names, logos, product/service names, designs, and slogans are trademarks of LLL and/or its affiliates or licensors. Users shall not use such marks without first obtaining the express written consent of LLL . Any other names, logos, product/service names, designs, and slogans (that is, other trademarks and/or service marks) that appear on the eCovery App and Website are the property of their respective owners.
a. Intellectual Property Owned by LLL: Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms of Service, LLL grants its registered Users a conditional, revocable, non-transferable, non-sublicensable, non- exclusive and limited license to use the LLL Website/Platform and its entire contents, features, and functionality for the User’s own lawful and personal use only (see Sections 5.3 and 5.4 , below, for a discussion of acceptable and prohibited uses).
b. The User acknowledges and agrees that the foregoing license described in Section 5.2.a may be revoked and terminated by LLL at any time and for any reason. A material breach of these Terms of Service will result in the revocation of said license.
c. User Suggestions: LLL shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into its SaaS Services any suggestions, enhancement requests, recommendation or other feedback provided by Users, relating to the operation of the eCovery App and Website.
a. Users may link only to the eCovery Homepage, and such use of the links may not damage LLL’s reputation (as determined by the sole discretion of LLL ) and may not state or imply that the User or webpage containing the link are somehow affiliated with, or endorsed by, LLL in any way.
b. Users may not establish a link from any website that is not owned by the User.
c. Users may not cause any portion of the eCovery App and Website to be displayed on, or appear to be displayed by, any other website.
d. LLL reserves the right to revoke any linking privileges without prior notice, at LLL’s sole discretion.
a. Falsify any User-Account-registration information, or make unauthorized use of another's information or content; nor
b. Use the eCovery App and Website and any related functionality in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; nor
c. Represent themselves as: (i) being affiliated with LLL ; (ii) an employee or agent of LLL ; (iii) another User; or (iv) any other person or entity other than themselves; nor
d. Falsely state, suggest, or otherwise misrepresent any affiliation, endorsement, an/or sponsorship between the User (or any entity affiliated with the User) and LLL ; nor
e. Copy, reproduce, distribute, modify, or create derivative works from, any portion of the eCovery App and Website and any related functionality without first obtaining LLL’s express written permission; nor
f. Use the eCovery App and Website and any related functionality to transmit, or procure the sending of, any advertising or promotional material (e.g., any “junk mail”, “chain letter”, “spam”, or any other similar solicitation); nor
g. Engage in any other conduct that restricts or inhibits another person’s use or enjoyment of the eCovery App and Website and any related functionality, nor engage in conduct that, as determined by LLL , may harm LLL or Users of the eCovery App and Website and/or expose them to liability; nor
h. Remove, erase, modify, or tamper with any copyright, trademark, or other proprietary rights notice that is contained in any eCovery App and/or Website Content that the User does not own; nor
i. Use the eCovery App and Website and any related functionality in any manner that could disable, overburden, damage, or impair the eCovery App and Website and any related functionality or interfere with any other party’s use of the eCovery App and Website and any related functionality, including their ability to engage in real-time activities through the eCovery App and Website; nor
j. Decompile, disassemble, reverse-engineer, or otherwise attempt to discover or derive the source code of the eCovery App and Website and any related functionality or applications; nor
k. Interfere in any way with the operation of LLL , including or any server, network, or system associated with LLL , and including, without limitation: hacking, mail- bombing, flooding, overloading, or making "denial-of-service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for the User, or accessing another User's account that the User is not expressly authorized to access; nor
l. Use LLL for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes; nor
m. Use any automated program, tool, or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the eCovery App and Website or any server, network, or system associated with LLL , or to extract, collect, harvest, or gather content or information from LLL.
a. If LLL becomes aware of any allegations of prohibited uses of the eCovery App and Website, and LLL then subsequently verifies said misuses by a User, then the User’s Account shall be immediately suspended, subject to permanent revocation and possible legal action, and the User shall be notified via email.
b. A User who repeatedly violates LLL’s Acceptable Uses policy may be deactivated at the sole discretion of LLL.
a. That LLL and all of its services and features will be available at any particular time or location; nor
b. That LLL and all of its services and features will be secure, uninterrupted, and error- free; nor
c. That any defect or error will be corrected; nor
d. That LLL and all of its services and features will be free of viruses and other harmful components (Users are responsible for implementing sufficient security procedures for antivirus protection and for the verification of accuracy of any data input and output, and Users are responsible for maintaining a means to recover/reconstruct any lost data.); nor
e. That use of the eCovery App and Website will be uninterrupted or error free twenty- four hours a day, seven days a week, including periods when LLL may need to carry out maintenance of the eCovery App and Website and/or related features from time to time. LLL shall use commercially reasonable attempts to carry out maintenance of the eCovery App and Website outside of normal business hours (between 08:00 and 17:00 Mountain Time Zone), and LLL shall try to provide Users with reasonable notice of any planned outages (however, this may not always be possible for emergent situations).
a. The User’s use of the eCovery App and Website or any of its services or features; and
b. The User’s violation of these Terms of Service or any applicable law.
Lucid Loop LLC ("LLL") is committed to protecting the privacy of the Users of the LLL Website and Platform, as well as all associated features and services (collectively, “the Website”). This Privacy Policy (the "Policy") discloses LLL’s information privacy practices for the Website. This policy is intended to inform registered Users of the information collection and use practices of LLL with respect to the Website. Amendments to this Policy will be posted on the Website and will be effective when posted. The continued use of the Website following the posting of any amendment to the Privacy Policy shall constitute the User’s acceptance of that amendment. See the Notification of Changes section below for further information. User who have questions or concerns regarding this Privacy Policy contact LLL by e-mail at support@thelucidloop.com.
a. LLL may collect, share, or use User data and information through the Website as stated in this Privacy Policy. IF A USER OBJECTS TO THE TERMS OF THIS PRIVACY POLICY, THEN THE USER SHOULD NOT MAKE THEIR DATA OR INFORMATION AVAILABLE TO LLL THROUGH THE WEBSITE.
b. LLL collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular registered User or the registered User’s household (“Personal Data”). In addition, LLL may collect data that is not identifiable or associated with a given User, such as aggregated data, and as such is not considered “Personal Data” and is not subject to this Privacy Policy. If this aggregated data is stored/associated with Personal Data, then it will be treated as Personal Data.
c. Registration is not mandatory to access the public areas of the LLL Website. Registration is, however, required for access to certain areas of the Website and various LLL features and services.
d. Users registering to receive a User Account on the Website will be provided with a username and will select a password for purposes of accessing their account and the portions of the Website available to registered Users. When accessing the portions of the Website available to registered Users, Users may be required to provide their username and password.
e. LLL may also collect non-personally identifiable information by way of LLL servers automatically recognizing and collecting certain non-personally identifiable information regarding visitors to the Website and users of the various associated features and services, including by way of example, IP address, browser type, and other information regarding the system and connection of each visitor or user. LLL also collects information about how visitors access and use the Website, including by way of example:
• What pages and/or forms of the Website are viewed;
• Whether LLL-related emails have been opened;
• User access times;
• Error logs; and
• Usage of any other portions of Website features and services.
f. This collected information allows LLL to improve the content of the Website and its associated features and services, facilitate research and analysis of the Website and its associated features and services, and develop and refine LLL’s offerings. There may be times when LLL utilizes the services of a third party to help us understand this information better, although the information that is disclosed to these third-party entities shall remain at all times in non-personally identifiable form.
a. Personal identifiers such as a real name, an alias, physical address, mailing address, internet protocol address, email address, User Account name, social-security number, driver’s license number, passport number, and/or other similar identifiers;
b. Mobile-phone number;
c. Personal information categories listed in the California Customer Records Statute pursuant to Cal. Civ. Code § 1798.80(e);
d. Characteristics of protected classifications under California or federal law;
e. Commercial information, including records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
f. User-specific internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a User’s interaction with an internet website, application, or advertisement; and/or
g. Professional or employment-related information.
a. Developing, improving, operating, providing, maintaining, auditing, or servicing User Accounts; and
b. Predicting User preferences in order to enhance User experiences on the Website, to provide enhanced customer service, and to process transactions by verifying identities and processing payments; and
c. Communicating with Users by email and texting, verifying User identities and contact information, and providing general Customer Support services, including the enforcement of the LLL Terms of Service; and
d. Maintaining, debugging/repairing, and/or enhancing LLL’s Website and associated services and features; and
e. Conducting consumer research for the development of future products and services to be offered by LLL; and
f. Detecting and investigating security incidents in order to guard against fraudulent, malicious, deceptive, and/or illegal activity, referring those responsible to appropriate law-enforcement authorities; and
g. Ensuring compliance with all applicable laws, regulations, rules, and law-enforcement and/or governmental-agency requests for information (as prescribed by applicable laws and/or lawful subpoenas).
a. Directly from Users; that is, when a User provides LLL their Personal Information directly as part of the User-Account-Registration process or as part of a User-Account updating process pursuant to LLL’s Terms of Service; and/or
b. Automatically/indirectly from Users; that is, for example, as a result of a User’s use and access of the Website, which can include the collection of IP addresses and browser types from the User’s electronic devices; and/or
c. From third-party service providers who interact with Users.
a. LLL’s contracted Service Providers (e.g., Payment Providers) in furtherance of LLL’s provision of services to Users; and/or
b. Authorized government agencies and/or regulators, when:
(i) permitted or required to do so by law, (ii) in response to a request from a law-enforcement agency or authority and/or any regulatory authority; and/or (iii) to protect the integrity of the Website and LLL’s interests, rights, property, or safety, and/or that of LLL’s Users. It should be noted that although LLL makes every reasonable effort to preserve User privacy, LLL may need to disclose personally identifiable information of certain Users to comply with a judicial proceeding, court order, or other legal process. In such situations, LLL will use reasonable efforts to provide an affected User prior notice of this disclosure, to the extent reasonably possible under the circumstances.
a. The right to know whether, and for what purpose(s), Users’ Personal Data is collected and processed, as well as specifically what Personal Data is collected;
b. The right to know the source of Personal Data that LLL gathers about its Users;
c. The right for a User to access, modify, and correct their Personal Data;
d. The right to know with whom LLL has shared User Personal Data with, for what purpose(s), and what Personal Data has been shared (including whether Personal Data was disclosed to third parties for their own direct marketing purposes);
e. The right for a User to withdraw their consent to share Personal Data (though this could affect whether the User can remain registered to use the Website);
f. The right to file a complaint to applicable legal/governmental authorities where an alleged violation of Privacy Laws has occurred; and
g. Other applicable statutory rights as defined in specific jurisdictions, including the States of California and Nevada (see Sections 2.3 and 2.4, below, respectively).
a. Right to Know: A User has the right to request that LLL disclose certain information to the User about the Personal Data that LLL collected, used, disclosed, and sold about the User in the past twelve (12) months, including a request to know any or all of the following:
(i) The categories of Personal Data collected about the User; (ii) The categories of sources from which LLL collected the User’s Personal Data; (iii) The categories of Personal Data that LLL has sold or disclosed about the User for a business purpose; (iv) The categories of third parties to whom the User’s Personal Data was sold or disclosed for a business purpose; (v) LLL’s business or commercial purpose for collecting or selling the User’s Personal Data; and (vi) The specific pieces of Personal Data that LLL has collected about the User.
b. Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past twelve (12) months.
c. Right to Deletion: A User has the right to request that LLL delete the Personal Data that LLL collected from the User and maintained, subject to certain exceptions. Please note that if a User requests deletion of their Personal Data, LLL may deny the User’s request or may retain certain elements of the User’s Personal Data if it is necessary for LLL or LLL’s service providers to:
(i) Complete the transaction for which the Personal Data was collected, provide a good or service requested by the User, or is reasonably anticipated within the context of LLL’s ongoing business relationship with the User, or otherwise perform a contract between LLL and the User; and/or (ii) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; and/or (iii) Debug to identify and repair errors that impair existing intended functionality of the Website and/or the User Account; and/or (iv) Exercise free speech, ensure the right of another User to exercise his or her right of free speech, or exercise another right provided for by law; and/or (v) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; and/or (vi) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the Personal Data is likely to render impossible or seriously impair the achievement of such research, if the User has provided informed consent to such uses; and/or (vii) Enable solely internal uses that are reasonably aligned with the User’s expectations based on the User’s relationship with LLL. (viii) Comply with a legal obligation; and/or (ix) Otherwise use the Personal Data, internally, in a lawful manner that is compatible with the context in which the User provided the information.
d. Right to Opt-Out/In: A User has the right to opt-out of the sale of their Personal Data. A User also has the right to opt-in to the sale of Personal Data. LLL, however, does not sell User Personal Data to third parties.
e. Right to Non-Discrimination: A User has the right not to receive discriminatory treatment by us for the exercise of their CCPA privacy rights. Unless permitted by the CCPA, LLL shall not:
(i) Deny a User goods or services; or (ii) Charge a User different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or (iii) Provide a User a different level or quality of goods or services; or (iv) Suggest that the User may receive a different price or rate for goods or services or a different level or quality of goods or services.
f. For a User to exercise their California privacy rights as described above, the User must submit a verifiable request to LLL via email at support@thelucidloop.com.
a. The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on the User; and
b. The right to request restriction of the processing of Personal Data or object to the processing of Personal Data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct-marketing purposes), or (ii) performance of a task in the public interest; and
c. In certain circumstances, the right to Personal Data portability, which means that a User can request that LLL provide certain Personal Data that LLL holds about the User in a machine-readable format; and
d. In certain circumstances, the right to erasure and/or the right to be forgotten, which means that a User can request deletion or removal of certain Personal Data that LLL processes.
a. Email-Communications Opt-Out: A User can opt-out of receiving email communications from LLL at any time by: (i) following the opt-out link or other unsubscribe instructions provided in any email message received; or (ii) by contacting LLL via email a support@thelucidloop.com; or (iii) by changing the User’s notification preferences in the User’s Account Profile Settings. It is important to note, however, that if a User initiates certain business transactions with LLL, then LLL will necessarily need to communicate with the User and so it may not be possible to opt-out of those types of communications.
b. Web Browser Tracking/Use of Cookies or Web Beacons: "Cookies" include commonly used pieces of information in the form of small files that are placed on an individual's computing device hard drive to enable the individual to more easily communicate and interact with the Website. A cookie does not collect or keep a User’s name or other personally identifying information; however, LLL may link the information obtained through cookies to other personally identifiable information to give LLL a better understanding of the User’s preferences, so that LLL can provide a more meaningful experience to the User on the Website and related features and services. LLL does not use cookies to retrieve information from a computer that is unrelated to LLL or to its Website or related features and services. LLL may use cookies on the Website for various purposes, including by way of example:
(i) Saving user preferences; (ii) Customizing content of the Website and/or related features and services; (iii) Ensuring that Users are not repeatedly sent the same banner ads/messages; (iv) Recording User-session information; (v) Saving certain non-personally identifiable information about Users and other visitors of the Website; and (vi) Facilitating and enhancing interaction with the Website and/or related features and services. "Web beacons" (also known as "single-pixel" or "clear" GIFs) include electronic images embedded in the Website or sent in communications that are invisible to Users. Web beacons collect information, such as identifiers, time and date of access, and descriptions of the pages or communications in which the web beacons are embedded. The Website and LLL’s communications may include web beacons. LLL may use web beacons on the Website and/or related communications for various purposes, including, by way of example, to track Users who have visited the LLL Website or accessed LLL communications. LLL may use an outside advertisement-serving company to display advertisements on the Website or in communications sent through LLL’s services. The advertisement-serving company may place and collect cookies or “web beacons” when it displays an advertisement on the Website. LLL does not have access to information that would confirm the use of cookies or web beacons by the advertisement-serving company. LLL may also use a third-party provider to analyze data and patterns regarding usage of the Website and/or related features and services and related communications. Such a third-party provider may use cookies or web beacons to collect such information. Most browsers will allow a User to erase cookies from your computer hard drive, block acceptance of cookies, and/or receive a warning before a cookie is stored on their computing device. A User may also be able to refuse certain web beacons by adjusting the settings on their Web browser or email software. Users should refer to their Web-browser and/or email-software instructions and/or help screen to learn more about these functions to opt-out of cookies or web beacons.
c. Location Information: If a User desires to limit or prevent LLL’s ability to receive location information from the User, then the User can deny or remove the permission for certain Website functionality and services to access location information and/or deactivate location services on the User’s computing device. Users should refer to their computing device’s web-browser and/or operating-system instructions to ascertain how to accomplish this.
This HIPAA Business Associate Addendum (“BAA”) is entered into between The Lucid Loop LLC and the customer agreeing to the terms below ("covered entity"), and supplements, amends and is incorporated into the Services Agreement(s). This BAA will be effective as of the date electronically accepted by Covered Entity (the "BAA Effective Date").
Covered entity must have an existing Services Agreement in place for this BAA to be valid and effective. Together with the Services Agreement, this BAA will govern each party’s respective obligations regarding Protected Health Information (defined below).
You represent and warrant that (i) you have the full legal authority to bind covered entity to this BAA, (ii) you have read and understand this BAA, and (iii) you agree, on behalf of covered entity, to the terms of this BAA. If you do not have legal authority to bind covered entity, or do not agree to these terms, please do not click to accept the terms of this BAA email support@thelucidloop.com to make changes to, or request a different signer.
Catch-all definition:
The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
Specific definitions:
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean THE LUCID LOOP LLC.
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the company you represent, with a contract with the Business Associate.
(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
(d) “Protected Health Information” or “PHI”. “PHI” has the definition given to it under HIPAA and for purposes of this BAA is limited to PHI within covered entity Data.Business Associate agrees to:
(a) Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
(c) Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
(e) Make available protected health information in a designated record set to the “covered entity” as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to the “covered entity” as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;
(h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
(i) By request, make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
Business associate and covered entity will each use appropriate safeguards designed to prevent against unauthorized use or disclosure of PHI, and as otherwise required under HIPAA, with respect to the Covered Services.
(a) Business associate may only use or disclose protected health information as necessary to perform the services set forth in Service Agreement.
(b) Business associate may use or disclose protected health information as required by law.
(c) Business associate agrees to make uses and disclosures and requests for protected health information consistent with covered entity’s minimum necessary policies and procedures.
(d) Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity, except for the specific uses and disclosures set forth below.
(e) Business associate may provide data aggregation services relating to the health care operations of the covered entity.
(a) Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.
(b) Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.
(c) Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.
(a) Term. The Term of this Agreement shall be effective as of the date electronically accepted by covered entity (the "BAA Effective Date"), and shall terminate on a date covered entity terminates for cause as authorized in paragraph (b) of this Section, or terminates for a reason as covered in the terms of service, whichever is sooner.
(b) Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement and business associate has not cured the breach or ended the violation within the time specified by covered entity.
(c) Obligations of Business Associate Upon Termination.
On termination of the Services Agreements, the business associate will return or destroy all PHI received from , or created or received by the business associate on behalf of covered entiry; provided, however, that if such return or destruction is not feasible, the business associate will extend the protections of this BAA to the PHI not returned or destroyed and limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible.
(d) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.