The United Hospital Fund, a New York corporation (“we,” “us,” and/or “United Hospital Fund”) is providing access to and use of the Health Indicators
Database (“HI Database”) for authorized organizations (“account holders”) through their authorized personnel (“users”) subject to
Database, account holders and users (collectively, “you”) agree to be bound by these Terms. Please note that by registering with us and/or using the HI
incorporated into and made a part of these Terms.
The HI Database is a repository for information you enter into the database to help you manage your client’s services related to specifically
identified risks to healthy aging. We are only the repositories of your Information (as defined below) and as such, we do not review or verify the
accuracy or validity of the data that you enter in the HI Database.
The individuals whose information you store in the HI Database are referred to herein as your “Client” or “Clients”.
You may only use the HI Database for lawful purposes and only in compliance with all laws and regulations that apply to you and your use and
disclosure of your Information.
You are solely responsible for all decisions you make concerning the care and other services you provide to your clients, even if you use the HI
Database in connection with those services.
Terms and Conditions
These Terms are a contract between you and United Hospital Fund that governs your access to and use of the HI Database. These Terms govern your access
and use of the HI Database and clarify your ownership of the information that you store and manage using the HI Database.
1. Information Ownership.
You are the legal owner of the data, notes, files, and other information stored and managed using the HI Database (“Information”). These Terms and our
1.1 Your Rights.
You agree that you are solely responsible for the accuracy and content of your Information.
You always retain ownership of the Information in your Account, and only you can give permission to share it.
We will never grant any third party access to your Information without your permission, except in limited circumstances (such as when specifically
We are not granted any rights to use or access your Information, except according to these Terms, with your permission and /or in accordance with
You can export your Information at any time. You can request that we delete your Information at any time.
1.2 License to Access and Use Your Information.
If you choose to grant access to your Information to a third party that is also a user of the HI Database, you hereby grant to such party a
non-exclusive, limited right to access and use the applicable Information for purposes that you share it, including, without limitation, any reuse
or re-sharing permissions. You are solely responsible for determining and enforcing any restrictions on the use of Information that you decide to
share with others through the HI Database.
To facilitate your use of the HI Database, you hereby grant to us a non-exclusive, royalty-free license to access, store, reproduce and display
any Information you store or manage through the HI Database solely as reasonably necessary to operate the HI Database, subject to these Terms
1.3 Information Security.
The HI Database uses industry standard, or better, administrative, physical and technical safeguards to protect the security, confidentiality and
integrity of your Information. All information and data is password protected at rest and encrypted during transport. WE SHALL NOT BE RESPONSIBLE OR LIABLE
FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS; FOR FAILURE TO STORE ANY DATA OR INFORMATION; OR FOR THE THEFT, DELETION, CORRUPTION,
DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
1.4. Control and Sharing.
2. Acceptable Use of the HI Database.
You agree to use the HI Database responsibly, and not to misuse the HI Database. The HI Database will only be used for lawful purposes, and you agree
to comply with all laws, rules, and regulations that apply to you in using the HI Database. You must also respect the privacy and Information of others
2.1 Use of Information.
We follow software development best practices to help ensure that the data you enter is populated accurately. However, we do not warrant and shall not be
responsible or liable for the accuracy or reliability of the Information you gather and enter into the HI Database.
The HI Database is an informational and management aid only, designed to store and facilitate the interpretation of information related to the
specifically identified risks to healthy aging, and its purpose does not extend to diagnosing, treating or prescribing for any illness or injury of your
client. The HI Database organizes and displays information provided by you and made available as you direct. We do not select and cannot assure the
accuracy, completeness or currency of any such information that you provide and make available to others, or that other parties provide or make available
If you are a health care provider also subject to HIPAA as a covered entity, you use the HI Database at your own risk and are aware that the HI
Database is NOT HIPAA-compliant. You shall indemnify and hold us harmless from and against any loss whatsoever arising from any failure on your part to
discharge your professional and/or other legal duty of care to your Client or under HIPAA.
2.2 Prohibited Uses.
In addition to those previously mentioned, here are additional actions you cannot take or attempt to take with the HI Database:
Violate the law or the privacy of others.
Provide trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the copyright owner
which permits you to post or provide it.
Provide material that infringes on any other intellectual property, privacy, personality or publicity right of another.
Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state,
national or international law or regulation.
Transmit or transfer (by any means) information technology or software derived from the HI Database in violation of U.S. export control laws.
You are prohibited from violating or attempting to violate the security of the HI Database or our other systems or network security, including, without
limitation, the following:
Accessing data and information not intended for your use of the HI Database.
Gaining unauthorized access to an account, server, or any other computer system.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
Attempting to interfere with the function of the HI Database, or any host or network of ours, including, but not limited to, via means of
submitting a virus to the HI Database, overloading, denial of service attacks, “flooding”, “mailbombing”, “crashing”, or sending unsolicited
e-mail, including, without limitation, promotions and/or advertising of products or services.
Sending altered, deceptive or false source-identifying information, including, without limitation, “spoofing” or “phishing.”
Unauthorized access of or tampering with our systems or network security may result in civil or criminal liability.
2.3 Responsible Disclosure Policy.
If you believe you have found a security vulnerability in the HI Database, its source code or our other systems or network security, we encourage you to
let us know right away by submitting a report to email@example.com. We will investigate all legitimate reports and
make a good faith effort to avoid privacy violation, destruction of data, and interruption or degradation of our service during your use of the HI
Database and will make a good faith effort to timely fix problems associated with systems or security vulnerabilities. We will not be obligated to pay or
give you any premium or other consideration for the reporting of security bugs.
3. Content Licensing and Intellectual Property Rights.
3.1 Trademarks and Trade Dress.
The rights in the trademarks, logos, service marks, and trade dress (collectively “Trademarks”) of the HI Database and United Hospital Fund are not
licensed to you. If you wish to use any of our Trademarks, or if you have any other questions about complying with our licensing terms, you should email firstname.lastname@example.org.
3.2 Your Information.
We take the intellectual property rights of others seriously and ask you to do the same. You agree that you own or have the necessary rights in and to any
and all Information and other content you upload or post to the HI Database. Not owning or having the necessary rights is a violation of these Terms.
4. Consent to Communication.
You consent to receive electronically any communications related to your use of the HI Database. We may communicate with you by email. You agree that all
agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be
in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide us.
If you provide us with a telephone number, you expressly agree that we, or our authorized agents, can use that number to contact your about your Account.
If you believe that any content on the HI Database infringes upon any intellectual property rights which you own or control, you may send a written
notice to our Copyright Agent at email@example.com.
The written notice must satisfy the requirements set forth in the Online Copyright Infringement Liability Limitation Act of the Digital Millennium
Copyright Act (17 U.S.C. § 512).
It is our policy in appropriate circumstances to disable and/or terminate access to the HI Database by any log-in accounts of an Account Holder who is a
6. Disclaimer of Warranties.
THE HI DATABASE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE HI DATABASE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER
SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE HI DATABASE WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU THROUGH THE HI DATABASE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE HI DATABASE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE HI DATABASE.
7. Limitation of Liability and Indemnity.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL UNITED HOSPITAL FUND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE HI DATABASE,
MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii)
STATEMENTS OR CONDUCT OF ANY USER USING THE HI DATABASE, (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS
TO YOUR ACCOUNT INFORMATION, (v) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE HI DATABASE, OR (vi) ANY OTHER MATTER RELATING TO
THE HI DATABASE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE
SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY
REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), STATUTE, OR ANY OTHER LEGAL
THEORY, EITHER ARISING FROM THE TERMS, OR YOUR USE OF OR INABILITY TO USE THE HI DATABASE.
Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the HI Database must be filed
within one year after the claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms, the breach thereof or its subject matter shall be settled by binding arbitration in
accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and
unappealable. The arbitration shall be conducted in Manhattan, New York City, and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Notwithstanding anything to the contrary herein, we, you, or any other party to the arbitration may at any time seek injunctions or
other forms of equitable relief from any court of competent jurisdiction.
9. Changes to the Terms.
We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please
check them periodically. If a change, in our sole discretion, to these Terms is material, we will notify you (for example, by email to the email address in
your account). It’s your responsibility to keep your email address current. We will post the new terms and indicate the revision date. By using the HI
Database after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, you should stop
using the HI Database.
10. Changes to the HI Database.
We reserve the right to modify, refine, add or remove features, impose limits on the service or size of storage available to you, or suspend the HI
Database, with or without prior notice to you and without liability to anyone, including, without limitation, you or any third party. In the unlikely event
of discontinuance, we will notify you to allow you a limited but reasonable time period in which to export your Information.
We may impose or you may experience limits on your use of the HI Database. If you disagree with any changes to the HI Database, you agree that your
only recourse will be to stop using the HI Database. You may export your Information before doing so. Continuing to access the HI Database after any
changes to the HI Database will indicate that you agree with the changes and are satisfied with the HI Database as modified.
Assignment. You may not assign any of your rights or obligations under these Terms without our express written consent. These Terms inure to the benefit of
our successors and assigns.
Cancellation and Termination. You can cancel your Account and export your Information, and request that we delete your information, at any time. We may
also suspend or terminate your Account if you violate these Terms or if United Hospital Fund elects to do so in the normal course of business. In such
situations, we may attempt to notify you so that you can export your Information, but we may immediately suspend or terminate your account in certain
circumstances, such as causing harm to another user of the HI Database, disrupting others’ use of the HI Database, or causing United Hospital Fund
potential legal liability.
United Hospital Fund in accordance with its terms from time to time, together constitute the entire agreement between you and United Hospital Fund and
govern your use of the HI Database, superseding and replacing any prior agreements and terms and conditions applicable to the HI Database. You may also
be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the HI Database. If any
incorporated agreements or policies conflict with these Terms, these Terms shall control.
Survival. All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall do so. Any termination or
expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any
liability you otherwise may have to us, including, without limitation, any indemnification obligations contained herein.
Governing Law. These Terms and any dispute between you and United Hospital Fund arising out of or relating to these Terms shall be resolved in the manner
set forth in Section 8 of these Terms, and governed by and interpreted in accordance with the laws of the State of New York, without giving force to its
conflict of laws provisions.
Waiver and Severability. The failure of United Hospital Fund to exercise or enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties
nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of these Terms remain in full force and effect.
12. Contact Us.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or by mail at:
Ms. Debra Lally, Director, Information Systems
United Hospital Fund
1411 Broadway, 12th Fl.
New York, NY 10018
Table of Contents
Information Collected by United Hospital Fund
United Hospital Fund’s Do Not Track Policy
How Is Personal Information Used?
Who Can Access the Information We Collect?
Selling of Personal Information
Children and Privacy
Security, Storage, & Retention
Information Correction, Removal, and Opting-Out
A. Privacy Statement.
United Hospital Fund (“United Hospital Fund” or “we” or “us” or “our”) values the organization’s, the account holder and/or user, as appropriate (“you” or
“your”) privacy and the privacy of the individuals (“Clients” or “Clients”) whose information is stored in the HI Database. The “HI Database” allows
community organizations to populate, collect, interpret, and use relevant data to inform and target systematic efforts to measurably reduce the risks to
“personal information” that is stored in the HI Database. “Personal Information” is information that uniquely identifies an individual or otherwise
contains information that can be reasonably expected to identify an individual. “Personal Information” may contain, without limitation, information
regarding (i) an individual’s past, present, or future health condition, and (ii) health care services accessed by the individuals whose personal data it
is. The HI Database treats Personal Information and such health-related information in the same way, without distinction, and makes no special provision
for the privacy or security of health-related information, except that which is described in Section H.1. Security.
registered users, and all other users of the Service (including, without limitation, Account Holders and Users).
B. Information Collected by United Hospital Fund.
When you access and use our Service, United Hospital Fund may collect information that you knowingly and voluntarily provide or that is sent to us
automatically by your web browser.
1. Information that you Knowingly and Willingly Provide. United Hospital Fund collects the information that you knowingly and voluntarily provide as an
Account Holder (noted in the HI Database as “Health Indicators Manager”)or User of the HI Database when you use our Service (such as through web forms
or profile screens), including, without limitation, registration/account setup information and profile details. We primarily use this information so that
we can communicate with you. You can choose not to provide us with certain Personal Information, but then you will not be able to use the Service at all.
The information that we collect and use may include, without limitation, the following kinds of Personal Information:
First and Last Name of Account Holder and title
Phone number and email address of Account Holder
Organization’s Name and Postal Address
Account Holder user name
Names of Users to whom you will grant access to the Database
First and last name of User
Email address of User
Login and/or user name of User
Information From and/or About Others. We also store the Personal Information of the Clients about whom you collect and enter into the HI Database
(“Client Personal Information”). If you or other users using our Service upload, share and/or distribute content (including, without limitation, Client
answers to surveys, names of interviewer and Clients, age and date of birth of Clients, and interview dates, time and duration), and such content contains
Client and/or User Personal Information, such information may be stored in order to allow for such uploading, sharing and/or distribution. As a requirement
to use our Service, you acknowledge that you are solely responsible to follow your organization’s (i.e., the Account Holder’s) policies regarding
appropriate consent(s) from any individual, in order to share such individual’s Personal Information with us. You also agree that every Client for whom you
are entering data will be no younger than 18 years of age.
Health Information. The purpose of the HI Database is to organize health information that you provide about your clients. Health information may only be
accessed by and disclosed to our employees and our website consultants who have a legitimate business “need to know” in accordance with applicable laws and
regulations. Health information may be transmitted to such parties electronically. Whether in paper or electronic form, health data are subject to
physical, electronic, and procedural safeguards, and must be stored, transmitted, and disposed of in accordance with Section J (Information Correction,
Removal, and Opting-Out) below.
2. Non-Personal Information. United Hospital Fund may collect information that is sent to us automatically by your web browser. United Hospital Fund may
use this information to generate aggregate statistics about visitors to the Service. This information typically includes, without limitation, details about
when the account was created and when database content was last modified.
United Hospital Fund may use non-Personal Information for various business purposes such as providing customer service, and improving our Service. The
information we receive depends on the settings on your browser. Please check your browser if you want to learn what information your browser sends or how
to change your settings.
3. Aggregate Information. We may aggregate and/or anonymize all information that we collect from you, including, without limitation, Personal Information, for
the purpose of analysis about the effectiveness of the program.
C. United Hospital Fund’s Do Not Track Policy.
Your navigation of our Service is not tracked by United Hospital Fund.
D. How Is Personal Information Used?
We may use Client or User Personal Information that we collect about you and your Clients, or from you on its own, or combine it with other information we
have about you or your Clients or from you, in order to:
Create user accounts and/or profiles through registration;
Assess the database’s functionality and troubleshoot technical problems;
Conduct analysis about the effectiveness of the program using aggregate data; or
Comply with legal requirements, such as in response to a subpoena or similar investigative demand.
E. Who Can Access the Information We Collect?
United Hospital Fund may disclose Client or User Personal Information in the following instances:
Agents. We employ other companies and individuals to provide website programming and technical support on our behalf. In accessing the code it is possible
that they could access all information entered on the HI Database.
Employees. Only authorized employees of United Hospital Fund have access to Client and User Personal Information.
To Comply with Legal Process, Protect United Hospital Fund, or Enforce our Rights. We may release Client and/or User Personal Information when it is
necessary to (i) conform to legal requirements or comply with legal process; (ii) enforce or apply our conditions of use and other agreements; (iii)
protect the rights, safety or property of United Hospital Fund, our service providers, our users, or the public; or (iv) prevent a crime or protect
national security (including, without limitation, exchanging information with other companies and organizations for fraud protection and credit risk
As Part of a Merger or Sale of Business. We may review, use, or disclose Personal Information (i) in connection with a substantial corporate transaction, such as the sale of
F. Selling of Personal Information.
We will not sell Client or User Personal Information to third parties for their use without your consent.
G. Children and Privacy.
Our Service is not directed to children under the age of 18. If you or your Client are not 18 years or older, do not use our Service. We do not knowingly
collect Personal Information from children under the age of 18. If we learn that User or Client Personal Information of persons less than 18 years-of-age
has been collected from (or about) a minor through our Service, we will take the appropriate steps to delete this information. If you are a parent or
guardian and discover that your child or a minor under the age of 18 has posted, submitted or otherwise communicated Personal Information to our Service
without your consent, then you may alert us at email@example.com so that we may take appropriate action to remove the minor's Personal Information from our
H. Security, Storage, & Retention.
United Hospital Fund takes reasonable technical and organizational precautions to protect the confidentiality, security and integrity of Client and User
Personal Information. Although we use security measures to help protect Client and User Personal Information against loss, misuse or unauthorized
disclosure, we cannot guarantee the security of information transmitted to us over the Internet. There is no guarantee that information may not be
accessed, disclosed, altered or destroyed. You are responsible for maintaining the secrecy of your password and account information, and for controlling
access to your email communications.
The Client and User Personal Information that you provide to United Hospital Fund is generally stored on servers located in the United States. If you are
located in another jurisdiction, you should be aware that once Client and User Personal Information is submitted through our Service, it will be
transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
We will retain your information for as long as your account is active or as needed to provide you with our Service, except that United Hospital Fund may
periodically clean data from the HI Database for purposes of maintaining an effective and efficient database. Prior notification of maintenance will be
provided to each Account Holder by email with instructions on how to export the associated data. If you wish to cancel your account or request that we no
longer use your information to provide the Service to you, contact Debra Lally, Director, Information Systems at 212-494-0700. We will retain and use
your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, please be aware that United
Hospital Fund will retain some information that you provide through our Service even after you have closed your account.
retention period is required or permitted by law. If you wish to cancel your account, contact Debra Lally, Director, Information Systems at 212-494-0700.
We aim to maintain our Service in a manner that protects information from accidental or malicious destruction. Because of this, after information is
deleted (see Section J (Information Correction, Removal, and Opting-Out)) from our Service, we may not immediately delete residual copies from our active
servers and may not remove information from our backup systems.
J. Information Correction, Removal, and Opting-Out.
1. Correction & Removal.
If any User information that you provide to us is incorrect, or you wish to have User information (including, without limitation, Personal Information)
removed from our records, please make the changes to this information by logging in to the HI Database and changing or removing said information. Should
you need assistance in this regard contact Debra Lally, Director, Information Systems at 212-494-0700. We will respond to such inquiries within fifteen
(15) business days.
You are responsible for ensuring the accuracy of Client data and information prior to submission. Should you wish to remove any Client data or information
from the HI Database, please contact Debra Lally, Director, Information Systems at 212-494-0700.
2. Opting Out-Marketing Purposes.
We do not release Client or User Personal Information to third parties for direct marketing purposes.
FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of
certain categories of Personal Information with third parties. If you reside in California and have provided Personal Information to United Hospital Fund,
you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such
requests must be submitted to us using one of the following contact methods:
Call Debra Lally, Director, Information Systems at 212-494-0700 or
Send a letter in writing addressed to:
Ms. Debra Lally, Director, Information Systems
United Hospital Fund of New York
Attn: California Privacy Rights
1411 Broadway, 12th Floor
New York, NY 10018
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for
third-party direct marketing purposes, if any, during the immediately preceding calendar year, along with the names and addresses of those third parties.
This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified
in this Section.
K. Contact Us.