ERINFO INC’s mission is to help save lives and improve the outcomes during an emergency. Our patented technology uses mobile devices and facial recognition to identify non-communicative or non-responsive patients and provides access to your health/medical data and records (Records) in an emergency. By enrolling in ERinfo you are agreeing for ERinfo to grant access to your Records in emergency situations and other related situations.
THIS SECTION DESCRIBES HOW YOUR PERSONAL INFORMATION MAY BE USED AND DISCLOSED BY ERinfo, AND IF APPLICABLE EMERGENCY MEDICAL SERVICES PROVIDERS AND INDEPENDENT MEDICAL PRACTITIONERS. ERINFO IS NOT A MEDICAL PROVIDER NOR A COVERED ENTITY (AS DEFINED UNDER HIPAA).
HIPAA Compliant Authorization for the Release of Patient Information
By creating an account on ERinfo, you are signing this HIPAA Compliant Authorization for the Release of Patient Information (Authorization) electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Authorization. By consenting to this Authorization you agree that your e-signature can be produced on this Authorization.
I understand the following: I have a right to revoke this Authorization in writing at any time, except to the extent information has been released in reliance upon this Authorization. To de-authorize email info@ERinfo.me from the email address associated with your account.
USE and COLLECTION of your Personal Information and your Personal Health Information (“PHI”).
Furthermore, you are agreeing that ERinfo may collect information, including Personal Information and Personal Health Information, in different ways:
- Directly from you, or as authorized by you through the Services;
- Automatically as you navigate through the site or ERinfo application; information collected automatically may include usage details, IP addresses, device information, and information collected through cookies, and other tracking technologies;
- From third party sources as authorized by you;
- Your past, present or future health care providers or health carriers;
- Directly from your providers;
- Third party health records aggregation sites;
- We also use the picture you provide for facial recognition to identify you.
Additionally, ERinfo may:
- Aggregate healthcare records: ERinfo, acting as your authorized agent, may retrieve your health records from medical providers you have used, from your insurance carriers or from information you provide. You will be able to use ERinfo to share your Records to third parties of your choosing.
- Give access to your Records to healthcare providers: ERinfo will give healthcare providers access to your Records, along with other information, for the provision of medical services.
- Research: ERinfo may use your de-identified Records in aggregated or non-aggregated forms for research studies.
- Marketing Use: ERinfo may use your de-identified Records in aggregated or non-aggregated forms for marketing purposes that are conducted by ERinfo info directly or in-directly by third-party business associates.
How We May Use and Disclose Your Personal Information
Notwithstanding the above, HIPAA Privacy Rule protects the privacy of patients’ health information (protected health information) but is balanced to ensure that appropriate uses and disclosures of the information still may be made when necessary to treat a patient, to protect the nation’s public health, and for other critical purposes. Sharing between emergency medical services, between firefighters and emergency room departments, [medical first responders] etc is often necessary in order to deliver care. These uses and disclosures are more fully described below. Please note that this Notice does not list every use or disclosure; instead it gives examples of the most common uses and disclosures.
- Treatment: ERinfo may use or disclose information about you to facilitate medical treatment or services. We may disclose medical information about you to health care providers, including first responders, EMS, doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you.
- Imminent Danger: Information may be shared with anyone as necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public, consistent with applicable law.
- Healthcare Operations: When and as appropriate, ERinfo may use your information to help us improve our services and products. Your information may be disclosed:
- For the administration and support of ERinfo;
- For quality assessment and administration improvement;
- To protect against abuses including fraud and waste; or
For review by individuals such as contractors, including service, that serve a role in how we deliver our products and services to you. All third-party companies involved in our operations are also required to provide protections for your personal information and must also abide by HIPAA.
- Legal Requests: We will disclose your information when required to do so by federal, state, or local law.
- If you are a member of the armed forces, we may release medical information about you as required by military command authorities.
- To parents and legal guardians overseeing the care of minors in accordance with applicable laws and regulations. We will share a minor’s data with a parent or guardian when required to do so by applicable law.
License and warranty for your submissions to ERINFO INC
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained below
You have control over the information you provide ERINFO INC under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
ACCOUNT DEACTIVATION/DELETION OF YOUR INFORMATION
If you delete health information from your ERinfo account or deactivate your account entirely, it becomes inaccessible by you and cannot be viewed by anyone else through the ERinfo application or services. Similarly, if you close your account, but do not request your info to be deleted, your health and contact information will become inaccessible by you and but certain information may still be accessible to medical healthcare providers for identification purposes through the ERinfo application or services. A user can revoke consent and/or request deletion of the user’s data by deleting the account and by contacting us at the Contact Information provided below.
To be eligible to use the Products and Services, you must meet the following criteria and represent and warrant that: (1) you personally are (a) 18 years of age or older, and (2) you personally and, if applicable, you the Registrant (a) are not currently restricted from these Products or Products and Services, or not otherwise prohibited from having a User Account, (b) are not a competitor of ERINFO INC or are not using the Products and Products and Services for reasons that are in competition with ERINFO INC, (c) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party, (d) will not violate any rights of ERINFO INC, including intellectual property rights such as copyright or trademark rights, and (e) agree to provide at your cost all equipment, software, and internet access necessary to use the Products and Products and Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your login credentials to access your User Account; (3) refrain from using other Users’ User Accounts; (4) refrain from selling, trading, or otherwise transferring your User Account or any information and content of another ERINFO INC user to another party; and (5) refrain from charging anyone for access to any portion of the Products and Services, or any information therein. Further, you are responsible for anything that happens through your User Account until you close your User Account or prove that your User Account security was compromised due to no fault of your own.
You agree to indemnify and hold harmless ERINFO INC, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of the Products and Services, your violation of this Agreement, or your posting of content, except in each case due to ERINFO INC or the Products and Services infringing the intellectual property rights of third parties or violating applicable law (other than due to content you provided).
Notifications and Service Messages
For purposes of service messages and notices about the Products and Services to you, ERINFO INC may place a notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from ERINFO INC to an email address associated with your User Account, even if we have other contact information. You also agree that ERINFO INC may communicate with you through your User Account or through other means including email, mobile number, telephone, or delivery Products and Services including the postal service about your User Account or Products and Services associated with ERINFO INC You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Products and Services.
Certain information and content made available by ERINFO INC through the Products and Services is gathered from publicly available data or submitted by other Users, and ERINFO INC cannot guarantee the accuracy of such information. Use of the Products and Services by you is conditioned upon your agreement that all of the information and content is for informational and educational purposes only and should not be relied upon, and that as a User, you agree to hold harmless ERINFO INC and other Users and data suppliers for your use or reliance on such information.
Code of Conduct
You hereby undertake to always take the following actions:
- Comply with all applicable laws, including, without limitation, state and federal patient privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by ERINFO INC concerning the Products and Products and Services; and
- Use the Products and Products and Services in a professional manner.
You hereby undertake never to take the following actions:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Products and Services;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using ERINFO INC;
- Upload a profile image that is not an individual’s likeness or a head-shot photo;
- Use or attempt to use another’s User Account without authorization from the user, or create a false identity on ERINFO INC;
- Upload, post, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as private patient information, insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- In fringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ERINFO INC or any Users;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Products and Services; and/or
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on ERINFO INC (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by ERINFO INC;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Products and Services, or any part thereof;
- Utilize or copy information, content or any data you view on and/or obtain from ERINFO INC to provide any service that is competitive, in ERINFO INC’s sole discretion, with ERINFO INC;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by ERINFO INC unless you have entered into a written agreement with ERINFO INC;
- Adapt, modify or create derivative works based on ERINFO INC or technology underlying the Products and Services, or other Users’ content, in whole or part;
- Rent, lease, loan, trade, sell/re-sell access to ERINFO INC or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize any service or functionality of ERINFO INC, without the express written permission of ERINFO INC.
- Deep-link to the Site for any purpose, (i.e. including a link to a ERINFO INC web page other than ERINFO INC’s home page) unless expressly authorized in writing by ERINFO INC;
- Remove any copyright, trademark, insignia or other proprietary rights notices contained in or on the Products and Services, including those of both ERINFO INC and any of its licensors;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from ERINFO INC except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non-Users without their express consent;
- Infringe or use ERINFO INC’s brand, logos and/or trademarks, including, without limitation, using the word “ERINFO INC” in any business name, email, or URL or including ERINFO INC’s trademarks and logos or as expressly permitted by ERINFO INC;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Products and Services contained in the site, unless explicitly permitted by ERINFO INC;
- Use bots or other automated methods to access ERINFO INC, add or download contacts, send or redirect messages, or perform other activities through the Products and Services, unless explicitly permitted by ERINFO INC;
- Access, via automated or manual means or processes, the Products and Services for purposes of monitoring ERINFO INC’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ERINFO INC’s website;
- Attempt to or access the Products and Services by any means other than through the interfaces provided by ERINFO INC such as its mobile application or by navigating to http://www.ERinfo.me using a web browser. This prohibition includes accessing or attempting to access the Products and Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple Products and Services, including the Products and Services;
- Attempt to or override any security component included in or underlying the Products and Services;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on ERINFO INC’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or ERINFO INC personnel, attempting to gain unauthorized access to the Products and Services, or transmitting or activating computer viruses through or on the Products and Services;
- Interfere with or disrupt or game the Products and Services, including, but not limited to, any servers or networks connected to the Products and Services. Any attempt to obtain unauthorized access, interfere with or to exceed authorized access to the Products and Services shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. ERINFO INC hereby notifies you that any or all communications with this website can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by ERINFO INC in its sole discretion and without further notice.
Subject to your compliance with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, license and right to access the Products and Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of ERINFO INC or its Users), view information and use the Products and Services that we provide in accordance with this Agreement. Any other use is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in ERINFO INC and all related items.
OUR RIGHTS AND OBLIGATIONS
Products and Services Availability
For as long as ERINFO INC continues to offer the Products and Services, ERINFO INC shall provide and seek to update, improve and expand the Products and Services. As a result, we allow you to access ERINFO INC as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Products and Services, partially or entirely, or change and modify prices for all or part of the Products and Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. ERINFO INC further reserves the right to withhold, remove and or discard any content available as part of your User Account, with or without notice if deemed by ERINFO INC to be contrary to this Agreement. For avoidance of doubt, ERINFO INC has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Products and Services.
Third Party Sites and Content
ERINFO INC is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk.
Third Party Materials
The Products and Services may allow you to access certain third-party data and databases. Your use of such third-party materials through the Products and Services is subject to the terms and conditions set forth in Exhibit B hereto and you hereby agree to be bound by such terms and conditions.
Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ERINFO INC, our Users or the public.
Connections and Interactions with Other Users
You are solely responsible for your interactions with other Users, including for sharing information with other Users through the Products and Services. ERINFO INC may limit the number of colleague connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Products and Services or otherwise limit your use of the Products and Services. ERINFO INC reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your User Account if ERINFO INC determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
You agree that from time to time ERINFO INC may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to Your Communications and profile.
Termination by User
You may terminate this Agreement for any or no reason, at any time, with notice to ERINFO INC This notice will be effective upon ERINFO INC processing your notice.
Termination by ERINFO INC
If ERINFO INC reasonably believes that you have breached this Agreement, ERINFO INC may terminate the Agreement and your User Account at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice.
Misuse of the Products and Services
Without limiting its termination rights, ERINFO INC may restrict or suspend the User Account of any User who abuses or misuses the Products and Services or offers competitive Products and Services. Misuse of the Products and Services includes breach of any of your obligations under this Agreement or any other behavior that ERINFO INC, in its sole discretion, deems contrary to its purpose.
Effect of Termination
Upon the termination of your User Account, you lose access to the Products and Services. The terms of this Agreement shall survive any termination, except the terms set forth under “Your Rights” hereof.
DISCLAIMER OF WARRANTIES
The Products and Services (including, without limitation, the website and any platform applications) and all content and materials accessed through or downloaded from ERINFO INC are provided on an “as is” and “as available” basis. ERINFO INC does not control or vet User generated content for accuracy. We do not make, and we disclaim all express and implied warranties and representations, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. Without limiting the foregoing, we do not warrant that access to the Products and Services will be uninterrupted or error-free or that defects in the website or mobile applications will be corrected. ERINFO INC is not responsible and makes no representations or warranties for the delivery of any messages sent through the Products and Services to anyone. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
LIMITATION OF LIABILITY
Under no circumstances shall ERINFO INC, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to damages arising from your use of the Products and Services.
Law and Forum for Legal Disputes
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Products and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ERINFO INC Products and Services, third-party content or third-party software.
Initial Posting and Amendments to This Agreement
No Informal Waivers, Agreements or Representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any ERINFO INC Affiliate shall be deemed legally binding on any ERINFO INC Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of ERINFO INC
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Products and Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Products and Services or any content or other material used or displayed through the Products and Services.
Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ERINFO INC for any third party that assumes our rights and obligations under this Agreement.
COMPLAINTS REGARDING CONTENT POSTED ON OUR WEBSITE OR MOBILE APPLICATIONS
We respond expeditiously to notices of claimed copyright infringement and it is our policy to terminate User Accounts for Users who are repeat infringers. If you believe any materials accessible on or from the Products and Services infringe your copyright, you may request removal of those materials (or access thereto) from the Products and Services by contacting ERINFO INC’s Copyright Agent (listed below), and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
ERINFO INC’s designated Copyright Agent for notice of claims of infringement is:
Mr. Sunny Sharma
Last updated: February 5, 2023 MK/df