PRIVACY POLICY AND TERMS OF USE
KEENNOTE PRIVACY POLICY

Last modified on July 20, 2019

Jacksonville Multispecialty Group, LLC (“Company”, “we” or “us”) respects your privacy and we take your privacy seriously. This Privacy Policy will apply to any use by you (the “User” or “you” or “your”) of the KeenNote App.

We have implemented a variety of security measures to maintain the safety of the personal information that you enter, submit or access. However, no data transmission over the Internet or similar network, including the KeenNote App can be deemed to be 100% secure. Therefore, we cannot and do not guarantee the security of any information you transmit on or through the KeenNote App and any information you transmit is sent at your own risk.

1. KeenNote Applicability of Privacy Policy. This Privacy Policy applies only to information entered in the KeenNote App, such as the information that you send to us during registration, information sent in e-mail, text or other electronic communications sent to us in relation to the KeenNote App. This online Privacy Policy does not apply to information we collect offline.

Please read our Privacy Policy closely to understand our policies and practices regarding your information and how we will treat it. By downloading the KeenNote App, registering with, or using the KeenNote App you agree with this Privacy Policy. If you disagree with our Privacy Policy please do not download, register with or use this KeenNote App.

This Privacy Policy does not apply to information about you collected by third party services, applications, or websites or advertisements associated or linked to the website or the KeenNote App.

2. Message Data. We use a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database to be accessed only by professionals authorized with special access rights to our systems, and the professionals are required under the Federal HIPAA laws to keep the information confidential.

Any transmissions of protected health information via e-mail or any other electronic means is done via encrypted secure channels. We have implemented reasonable administrative, technical and physical safeguards to protect your information including the use of passcodes, and encryption, etc. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our administrative, technical, or physical safeguards. It is your responsibility to protect the security of your login information.

3. How We Collect Information. We collect personally identifiable information when you register to become a User of the services through the website or KeenNote App, when you receive services from us such as emails, when you voluntarily provide such information via emails, or KeenNote App to sign in.

We also automatically receive usage information when you download and use the KeenNote App. When you access the KeenNote App, we automatically receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the internet, in addition to other technical information such as your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system, the name of your Internet Service Provider or mobile carrier and the time and duration of your session and other information relating to your use of the KeenNote App. This data helps us to analyze trends and to improve and update the KeenNote App.

We use cookies and other technologies such as web beacons. Cookies are small files that a site or its site provider transfers to your hard drive through your Web browser (if you allow) that enable the sites’ or service providers’ systems to recognize your browser and capture and remember certain information.

We use those cookies and other technologies to understand and save your preferences for future sessions and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our customers. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information or protected health information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so as long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable information may be provided to other parties for marketing, advertising or other uses.

4. Compliance with Applicable Laws. We process and store all information in the United States and by using the KeenNote App you agree that You will comply with all applicable laws, rules and regulations in connection with your use of the KeenNote App and any content you submit, including without limitation, compliance with data privacy and security laws and other regulations of the United States.

5. KeenNote Governing Law and Venue. The collection, transfer, storage, use and disclosure of your information and communications will be governed by, construed and interpreted in accordance with the laws of the State of Florida. Venue for any action commenced under this Agreement will be Duval County, Florida.

6. Updates to Privacy Policy. This Privacy Policy changes from time to time. Please review it periodically to see if there are any updates. If we make any changes to this Privacy Policy, we will change the “Last Updated” date above. Your continued use of the KeenNote App indicates that you agree to the Privacy Policy.

7. Opt-Outs. If you are dissatisfied with the KeenNote App, you can opt-out as follows:
a. Send an e-mail to info@keennote.com and we will delete your account; and
b. Uninstall the KeenNote App.

8. Contact Us. If you have any questions or concerns about this Privacy Policy or data processing please contact us at info@keennote.com




KEENNOTE TERMS OF USE

Last modified on July 20, 2019

The KeenNote App is a subscription cloud-based mobile app built to improve healthcare coordination. It is designed to permit secure, encrypted, and HIPAA-compliant communications among healthcare providers registered with the Company via their iPhones.

These Terms of Use will apply to any use by you (the “User” or “you” or “your”) of the KeenNote App created with technology by Jacksonville Multispecialty Group, LLC (“Company” or “we” or “our”). By using the KeenNote App, you agree to be bound by these Terms, including any future modifications to these Terms, which constitute a valid and binding agreement between you and Company. Please read these Terms of Use carefully so that you know what your rights and obligations are when using the KeenNote App.

1. Access and Permitted Uses. Access to and use of the KeenNote App is limited to those physicians or healthcare providers who have paid subscriptions and to whom Company has granted access and use rights consistent with these Terms.

2. General Terms. These Terms of Use apply to the use of, and access to, the KeenNote App by User. If User does not agree with these Terms, User may not use the KeenNote App. Company may amend these Terms of Use at any time without notice. The revised Terms and Conditions of Use will be posted on the Mobile App and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. By continuing to use the KeenNote App after the Terms of Use have been amended, User accepts the amended Terms of Use. If User does not agree with the Terms of Use at any time, User’s exclusive remedy is to stop using the KeenNote App. If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions of these Terms of Use shall remain in full force and effect. In such a case, Company will replace the void or unenforceable provisions with new provisions. These new provisions shall be interpreted, with respect to their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

3. Registration, Account Information, Passcode and Security. In order to use the KeenNote App, you must obtain approval from Company and receive a group code to use to register for an account with Company (“Account”). You represent and warrant that all information provided on registration and contained as part of your Account is true, complete and accurate and that you will promptly notify Company of any changes to such information. Company has the right to suspend or terminate your Account and refuse any and all current or future use of the KeenNote App if: (a) you provide any information that is untrue, inaccurate, not current or incomplete; or (b) Company has reason to suspect, based on the reasonable evidence available to Company, that such information is untrue, inaccurate, not current or incomplete.

You are responsible for maintaining the confidentiality and security of your Account and passcode, and you are fully responsible for all activities that occur under your passcode or Account, and for any other actions taken in connection with your Account or passcode. You agree to notify Company immediately of any known or suspected unauthorized use of, or access to, your Account or passcode, including loss of the device in which the KeenNote App is downloaded. You agree to exit from the KeenNote at the end of each use. Company will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the Terms of Use, or for any acts or omissions by you or someone else using your Account and/or passcode. You agree not to share your passcode with anyone or use the account, passcode of another subscriber at any time.

4. Subscription. You acknowledge that use of the KeenNote App is conditioned on pre- payment of an annual subscription fee (“Subscription Fee” or “Subscription Fees”). To be able to process your Subscription Fees, you must provide us with a current, valid, and accepted method of payment, which you may update from time to time ("Payment Method"). Company will provide you with advance notice of such Subscription Fees, including any change in the amount of such Subscription Fees, and a way to cancel your Account or Subscription in the event you do not wish to pay the modified Subscription Fee. If you continue to use the KeenNote App after the Subscription Fee has been increased, you are expressly agreeing to the increased Subscription Fee. If Company suspends or terminates your Account and/or access to the KeenNote App because you have breached the Terms of Use or violated applicable law, you will not be entitled to a refund of any unused portion of such Subscription Fees.

5. License and Use. Company hereby grants User a limited, revocable, non-exclusive, non- transferable, right to access and use the KeenNote App pursuant to these Terms of Use (the “License”).

6. Compliance with Applicable Laws. You will comply with all applicable laws, rules and regulations in connection with your use of the KeenNote App and any content you submit, including without limitation, compliance with data privacy and security laws and other regulations of the United States. You will be responsible for all activities conducted under your Account.

7. Prohibited Use Policy. Use of the KeenNote App to do any of the following, as determined by Company in its sole discretion, is strictly prohibited:
a. Your use or transmission of viruses, trojan horses, back doors, easter eggs, worms, time bombs, or cancelbots that are intended to damage or detrimentally interfere with functionality of the KeenNote App;
b. circumvent security measures of the KeenNote App;
c. infringe or breach any of Company’s Intellectual Property Rights (as defined below in Section 8) or privacy rights;
d. provide false, fraudulent or misleading information;
e. breach the Terms of Use; and/or
f. engage in any fraudulent, criminal or unlawful activity in connection with the use of the KeenNote App.

8. Intellectual Property Rights. User acknowledges and agrees that the KeenNote App and all copyright, database rights, domain names, trademarks, patent rights and know-how (“Intellectual Property Rights”) belong to Company, as well as to any modifications, adaptations or translations thereof. User acknowledges and agrees that it does not acquire any rights therein, express or implied. User is not permitted to sell, rent out, transfer or copy the KeenNote App or make it available to third parties in any way or for any purpose. Company will be permitted to install technical provisions for the purpose of protecting the KeenNote App. User is not allowed to remove or circumvent such technical provisions.

9. Privacy Policy. We respect your privacy. Please review the KeenNote App Privacy Policy.

10. Availability of KeenNote App. Company does not guarantee that your access to the KeenNote will be uninterrupted, timely or error-free. Your access to the KeenNote App may be suspended temporarily from time to time and without notice to carry out repairs, maintenance, in the event of a system failure or for any reason beyond our control or if we deem it necessary. Company does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services allow the use of and/or interaction with the KeenNote App. Use of the KeenNote App is at your own expense and risk. You are responsible for meeting the technical and functional requirements and using the electronic communication devices that are necessary to be able to access and use the KeenNote App.

11. Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE KEENNOTE APP. THE KEENNOTE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE KEENNOTE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE KEENNOTE APP. COMPANY, INCLUDING ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE KEENNOTE APP.

12. Indemnification. You indemnify and hold Company harmless against any claim, action, suit or proceeding brought or threatened to be brought by third parties against Company which is caused by or arising out of: (a) your use of the KeenNote App; (b) your breach of these Terms of Use and/or the Privacy Policy; and/or (c) any other individual’s use of the KeenNote App using your Account.

13. How to Cancel Subscription. You may cancel the Subscription for the KeenNote App by deleting the KeenNote App from all devices in your control and emailing info@keennote.com. PLEASE BE AWARE THAT A CANCELLATION EMAIL WILL BE SENT BY COMPANY AS PART OF THE CANCELLATION PROCESS. IF YOU DO NOT RECEIVE THIS EMAIL, YOU MAY NOT HAVE PROPERLY CANCELLED YOUR SUBSCRIPTION.
Company reserves the right in its sole discretion, to immediately without notice of default being required and without liability to you or anyone else, terminate your Account and/or your Subscription, if you fail to comply with or breach any material term of these Terms of Use, including but not limited to payment of your Subscription Fees. After cancellation or termination of your Subscription, your Account will automatically terminate and you will not have access to the KeenNote App. In addition, if you do not renew your Subscription, it will automatically end upon expiration of the term. Upon cancellation of your Subscription, your licenses and rights as granted to you by Company will automatically terminate.

14.Company Contact Information. Company can be contacted at info@keennote.com. Any notice required under the Terms of Use should be directed to Company via this e-mail.

15. KeenNote Governing Law and Venue. These Terms of Use will be governed by, construed and interpreted in accordance with the laws of the State of Florida. Venue for any action commenced under this Agreement will be Duval County, Florida.

16. Modification to the KeenNote App. Company is entitled to change and/or update the KeenNote App and replace the design and layout of any of the functionalities of the KeenNote App without any prior notification and without being obliged to pay any compensation whatsoever to Users. Company is entitled to put the KeenNote App out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to User, if in the opinion of Company such action is necessary, for example, in connection with required maintenance of the KeenNote App or due to force majeure (such as site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions).

17. Entire Agreement. The Terms of Use (including any addendum or amendment to them and any documents incorporated by reference), supersedes all prior discussions, negotiations and agreements between the parties with respect to the KeenNote App, and the Terms of Use constitute the sole and entire agreement between the parties with respect to the KeenNote App.


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