Terms of Service and Privacy policies
Regional EMS Council of New York City Inc. (Hereto referred to as NYC REMSCO) is the custodian of data on behalf of the individuals that use the REMSCO App. (Hereto referred to as the app).
By using our Services, you agree to view and accept our Terms of Service and Privacy policies.
Terms of Service
The following Terms of Service must be agreed to by every user prior to being able to use the app (the “Application”):
Authority. I (the user) agree that I am the legal operator of this device and the legal licensor of this copy of the Application and that I have the authority the bind myself into these Terms of Service. I further agree to not allow any other party to use the Application on this device.
Grant of License. Subject to the terms and conditions of hereof, NYC REMSCO (which such term shall include NYC REMSCO and, as applicable, its subsidiaries, affiliates, officers, agents, and other partners and employees) hereby grants to me a nonexclusive license to access and use the Application solely for my own internal business operations or my own personal purposes.
Ownership. I agree that NYC REMSCO retains ownership of the Application and reserves all rights not expressly granted herein. I further agree that NYC REMSCO owns and retains all right, title, and (except as expressly licensed hereunder) interest in and to the Application and all copies or portions thereof, and any derivative works thereof (by whomever created).
Restrictions on Use. I understand that my use of the Application, and the license granted hereunder, is conditional. I agree that I:
- Will not copy, rent, lease, lend, sell, redistribute, sublicense or assign the Application;
- Will not use the Application for any illegal or unauthorized purposes or beyond the scope of the Application’s expected use;
- Will not interfere with operation of the Application or with any other person’s use of the Application;
- Will not gain unauthorized access to the Application or share any user accounts with others;
- Am solely responsible for my conduct and any data of any type submitted to or through the Application;
- Will not alter, modify, adapt, reverse engineer, decompile, disassemble or hack the Application, or create derivative works from the Application;
- Will not merge the Application with other software;
- Will not resell, sell, provide for service bureau use, or otherwise transfer the Application to any third party;
- Will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Application;
- Will not remove or alter any copyright notices or other notices included in the Application;
- Will not alter or modify another website so as to falsely imply that it is associated with NYC REMSCO;
- Will use the Application in accordance with all applicable laws and agree that this Agreement is void where prohibited;
- Will not knowingly or intentionally impose an unreasonable burden on the Application or network;
- Will not breach, or attempt to breach, the security of the Application;
- Will not use the Application or export the Application in violation of U.S. export laws and regulations;
- Will not solicit any activity, unlawful or otherwise, that infringes NYC REMSCO’s rights or the rights of any other party;
Disclaimers. I agree to the following: NYC REMSCO is not responsible for any incorrect or inaccurate content associated with the Application, whether caused by users of the Application, or by any of the equipment or programming associated with or utilized in the Application. NYC REMSCO is not responsible for the conduct, whether online or offline, of any user of the Application. NYC REMSCO assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any data transmitted to or from NYC REMSCO. NYC REMSCO is not responsible for any problems or technical malfunction of any telephone network or lines, cellular or other wireless communication networks, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet on any computing device or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Application. Under no circumstances will NYC REMSCO or any of its affiliates, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Application, any content provided on the Application or transmitted to users, or any interactions between users of the Application, whether online or offline. The Application and the content therein is provided “as-is” and NYC REMSCO does not guarantee and does not promise any specific results from use of the Application and/or the Application.
Limitation of Liability. I agree that, except in jurisdictions where such provisions are restricted, in no event will NYC REMSCO be liable to me or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from the use of the Application or the Application, even if NYC REMSCO has been advised of the possibility of such damages. I further agree that, notwithstanding anything to the contrary contained herein, NYC REMSCO’s liability to me for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by me to NYC REMSCO for the Application.
Waiver of Claims. I agree to waive any and all claims against NYC REMSCO that may arise from this agreement. I agree to waive any and all claims against NYC REMSCO that may arise from my use of the Application and any and all claims that may arise from the use of the Application on this device by any third parties with or without my knowledge or consent.
Data Charges. I understand that data downloaded via the Application may cause me to incur charges from my ISP or wireless carrier and I agree that those charges are solely my responsibility.
Modifications and Subscription. I agree that NYC REMSCO has reserved their rights to modify or discontinue the Application with or without notice to me. I acknowledge that such modifications may include, without limitation, the initiation of a subscription-based model (a “Subscription Plan”) which would require me to pay an annual fee in an amount that may be less than or equal to the standard purchase price of the Application. I agree that if NYC REMSCO initiates a Subscription Plan, my continued access to the Application requires the payment of all applicable subscription fees, and, if I choose not to pay such fees, that my sole recourse will be to cease access to the Application. I agree that NYC REMSCO will not be liable to me or to any other party for any change to, or discontinuation of, the Application or my access to the Application, and that any such change to, or discontinuation of, the Application or my access to the Application will in no way modify, change or void any payment obligations that I may have incurred through my use of the application, whether such obligation is to NYC REMSCO or a third party.
Knowledge of Protocols, Use for Patient Care and Indemnity.
- a) I agree not to use any content displayed in the Application for the purpose of patient care unless I am properly trained to do so and hold all certifications and/or licenses as required by law and the respective physician, agency, company, department, organization and/or other entity which maintains the protocols and/or under whose medical license I operate and/or employs me in my capacity as a medical provider (the “Controlling Entities”).
- b) I agree to maintain up-to-date knowledge of current treatment protocols through the Controlling Entities, independent of the Application, and that the responsibility for knowing the appropriate treatment protocols lies solely with me.
- c) I understand that the Application is intended exclusively as a reference for protocols and is not meant to guide or direct the treatment of patients and that it is my responsibility to have personal knowledge and understanding of and the appropriate training in the most recent protocols issued by the Controlling Entities.
- d) I agree that I will use my reasonable judgement when providing treatment to patients and that I will not follow any information provided by the content in the Application that I believe to be erroneous or dangerous.
- e) I understand that although the Application may be used as a reference during the course of patient care, it may fail or crash at a critical moment or contain errors in content or functionality that have not yet been discovered or not yet addressed. I therefore agree to not rely upon the Application as the only source of protocol reference when treating patients, and agree to always have readily accessible other sources for protocol reference as necessary to provide proper patient care in the event the Application fails or has incorrect information. These sources will include at a minimum, but are not limited to, access to online medical control and a printed copy of the necessary protocols.
- f) I agree to indemnify and hold NYC REMSCO harmless from any damages, losses, liabilities, claims, or demands, including reasonable attorney’s fees, made by any third party due to or arising out of my use of the Application in violation of this Agreement, except to the extent those losses, liabilities, claims or demands arise from the negligence or wrongful or unlawful acts of NYC REMSCO.
Data Security Obligations. I am fully responsible for the security of data shared within the Application or otherwise in my possession. The features of the Application are not subject to HIPAA but we use data security best practices to guard your information see “How we protect your information” below.” I agree not to store or otherwise incorporate any protected health information (“PHI”) in the App. I further agree that I will not store or otherwise incorporate any other sensitive or private information, including, without limitation, passwords, in the App. As used herein, “HIPAA” shall mean Section 262 of the Health Insurance Portability and Accountability Act, P.L. 104-191, or any successor statute, which governs the use and transmission of individually identifiable health information, and any regulations promulgated thereunder.
Third Party Content. I understand that the third-party content displayed in the Application may be outdated or contain errors that are beyond the control of NYC REMSCO. I also understand that the third party may at any point remove their content’s availability, and that although the copy on my device will not be automatically removed, NYC REMSCO might be left with no ability for keeping the content up to date.
Modification to Terms of Service. I agree that these Terms of Service may change with each version of the Application, and in-between version releases, and that I must use the Application with internet access in order to receive automated notice of these updates. I understand that failure to regularly update the Application, failure to regularly use the Application or failure to regularly use the Application with internet connectivity may result in lack of automated notification of the updated Terms of Service, and I agree to be bound by the new Terms of Service as posted at https://www.nycremsco.org/legal/TermsOfService.html regardless of whether or not I have received notice of any changes to these Terms of Service.
Term and Termination. I agree that these terms shall be effective as of the date I accept the terms herein or first access, download or use the Application (the “Effective Date”) and shall remain in effect for so long as I use or access the Application or until otherwise terminated (the “Term”). Upon any termination, I shall no longer be permitted to use or access the Application. The terms herein that contemplate obligations after the Term, including but not limited to Disclaimers, Limitation of Liability, Knowledge of Protocols, Use for Patient Care and Indemnity, Governing Law and Severability, and Confidentiality, shall survive termination. Subject to any other provisions herein, either I or NYC REMSCO may terminate this these terms if: (i) the other breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice or (ii) the other becomes the subject of a voluntary or involuntary petition in bankruptcy or other proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.
Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Venue. I agree that any and all civil action brought against NYC REMSCO arising from this agreement, arising from my use of the Application, or arising from the use of the Application on this device by any third parties with or without my knowledge or consent shall be filed in the courts of the State of New York in the County of New York, and I further agree that venue shall be proper in the County of New York in the State of New York.
Governing Law. I agree that this Terms of Service agreement shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions.
Personally identifiable information
We may collect personally identifiable information from Users in a variety of ways, including, but not limited to, when Users visit the Sites or download the Application, and in connection with other activities, services, features or resources we make available on or through the Sites. Users may be asked for, as appropriate, name, email address, paramedic certification numbers, and the agency that provides the User’s primary employment for which User uses the Application. We will collect personally identifiable information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identifiable information, except that it may prevent them from use of the Application and in engaging in certain activities related to the Sites. Additionally, Controlling Entities (as such term is defined in our Terms of Service) may require that their staff members supply personally identifiable information to NYC REMSCO in order to conform with local policies or laws.
When you download or use the Application, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. If you wish to stop these services, most mobile devices will allow you to turn off location services.
In addition, by using the Application you may be asked for permission to access data on your mobile device, such as photos. We will only access this data with your consent. Please note that some functions of the Application are only available if you allow access to requested content.
You are able to opt-out of certain functions of the Application by changing the settings on your mobile device. For specific instructions, please refer to the instructions provided for your mobile device. For more information on opting out on mobile devices, you may also visit: www.networkadvertising.org/mobile-choices.
In order to process donations, our card processor stores all credit card information. They conduct the entire credit card transaction using industry standard 128 bit SSL encryption. We only store a record that the transaction took place.
In some jurisdictions, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed below, “Access, Correction and Deletion.”
Non-personally identifiable information
We may collect non-personally identifiable information about Users whenever they interact with the Sites or use the Application. Non-personally identifiable information may include the browser name, the type of computer and technical information about Users means of connection to the Sites, such as the operating system and the Internet service providers utilized and other similar information. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Sites, the areas or pages of the Sites that you visit, the amount of time you spend viewing the Sites, the number of times you return to the Sites and other clickstream data. We may also use non-personal or aggregated information for statistical analysis, research, and other purposes.
Web browser cookies
We may also use web beacons on the Sites, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your visit to the Sites, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Sites. Web beacons help us analyze our Site visitors’ behavior and measure the effectiveness of the Sites and our advertising. We may work with service providers that help us track, collect and analyze this information.
We may combine the information we collect through cookies and web beacons with other information we have collected from you or information from other sources.
How we use collected information
If you sign up for our mailing/alert list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button.
If you do not wish to receive communications from us, you can opt-out of receiving these communications by following the instructions contained in the messages you receive. Even if you opt-out of receiving these messages, we reserve the right to send you certain communications relating to the services we provide, and we may send you service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications. [For more information about interest-based advertising, including how you can manage advertising, please see below “Interest-Based Advertising.”]
Data Security Obligations
I am fully responsible for the security of data shared within the Application or otherwise in my possession. The features of the Application are not subject to HIPAA, but we use data security best practices to guard your information. See “How we protect your information” below.” I agree not to store or otherwise incorporate any protected health information (“PHI”) in the App. I further agree that I will not store or otherwise incorporate any other sensitive or private information, including, without limitation, passwords, in the App. As used herein, “HIPAA” shall mean Section 262 of the Health Insurance Portability and Accountability Act, P.L. 104-191, or any successor statute, which governs the use and transmission of individually identifiable health information, and any regulations promulgated thereunder.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Sites. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
Sensitive and private data exchange between the Application and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
Third party websites
Users may find other content on our Sites that link to the Application itself, or to the services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Sites. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Sites, is subject to that website’s own terms and policies.
Your California privacy rights
If you are a California resident, California Civil Code Section 1798.83 provides you the right to receive (a) information identifying any third party(ies) to whom we may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge, please submit your request here.
Access, Correction, & Deletion
We respect your right to access and correct your personal information. You may access your personal information by signing into your account. From there, you can correct or modify your information. You may also exercise your rights, subject to applicable laws, to request that we delete or restrict access to your personal data. We may need to retain it for legally permitted purposes and this will be explained to you if necessary.
If you need assistance correcting or updating your personal information or would like to request that we delete your personal information, please contact us using the contact information detailed in the “Contacting Us” section below.
Retention of Personal Information
Personal information that we collect, access or process will be retained only as long as necessary for the fulfilment of the purposes for which it was collected, unless otherwise provided in agreements between you and NYC REMSCO or as required or authorized by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made de-identified.
The Sites are not directed to children, nor do we knowingly collect any personal information from children under the age of thirteen without verifiable parental consent. If you believe that a child has provided personal information to us, please contact us promptly as described below, and we will endeavor to investigate and delete such information from our systems.
Visitors from Outside the United States—Cross-Border Transfer
Right to Lodge Complaints
We are transparent about the ways in which we collect and use personal information, and welcome your questions and concerns. If you have any concern or complaint about the way we handle your personal information, please contact us as described below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns. For more information, please see https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.
Your acceptance of these terms
By visiting the Sites or using the Application, you signify your acceptance of this policy and NYC REMSCO terms of service. If you do not agree to this policy, please do not visit the Sites or use our Application. Your continued use of the Sites or the Application following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on, and is effective as of January 1, 2019.