Privacy Policy

 

NextStep Privacy Policy
EFFECTIVE: February 7, 2020
This Privacy Policy governs the manner in which NextStep collects, uses, maintains and
discloses information collected from users (each, a “User”). This privacy policy applies to the
NextStep website (“Site”), and all products and services available through NextStep portals,
website, forums, or other web- or cloud-based sites or services offered by NextStep
(collectively, “NSS Service(s)”).
We may collect information from Users in a variety of ways, including, but not limited to, when
Users visit, access, register, fill out a form, or otherwise use NSS Services. Users may be asked
for, as appropriate, name, email address, mailing address, phone number, etc. (“personally
identifiable information”). We will collect personally identifiable information from Users only if
they voluntarily submit such information to us. Users can always refuse to supply personally
identification information, except that it may prevent them from accessing, using, or otherwise
engaging in related activities with the NSS Service.
We may also collect non-personally identifiable information about Users whenever they interact
with NSS Services. Non-personally identifiable information may include the browser name, the
type of computer and technical information about Users’ means of connection to NSS Services,
such as the operating system and the Internet provider(s) utilized and other similar information.
NSS Services may use “cookies” to enhance User experience. User’s web browser places
cookies on their hard drive for record-keeping purposes and sometimes to track information
about them. Users may choose to set their web browser to refuse cookies, or to alert you when
cookies are being sent. If they do so, note that some parts of the NSS Service may not function
properly.
NextStep may collect and use Users’ personal information for the following purpose:
● To Provide NSS Services: As needed to provide access to, and proper use of, the
NSS Services.
● To improve customer NSS Service: Information you provide helps us respond to
your customer service requests and support needs more efficiently.
● To personalize user experience: We may use information in the aggregate to
understand how our Users as a group use the NSS Services and resources
provided on or through NSS Service.
● To improve our site: We may use feedback you provide to improve our products
and NSS Services.
● To send periodic emails: We may use the email address to send User information
and updates pertaining to their order. It may also be used to respond to their
inquiries, questions, and/or other requests. By providing an email address or other
contact information, a User opts into our mailing list, and they will receive emails
that may include company news, updates, related product or NSS Service
information, etc. If at any time the User would like to unsubscribe from receiving
future emails, we include detailed unsubscribe instructions at the bottom of each
email.
● Third Party Service Providers: NextStep may also share your personal
information with its third-party NSS Service providers (such as its hosting partners)
to provide the necessary hardware, software, networking, storage, and other NSS
Services we use to operate the NSS Service and maintain a high-quality user
experience.
● Legal Requirements: In addition to the purposes described above, we disclose
personal information to respond to subpoenas, court orders, or legal process, or to
establish or exercise our legal rights or defend against legal claims. We may also
share such information if we believe it is necessary in order to investigate, prevent,
or take action regarding illegal activities, suspected fraud, situations involving
potential threats to the physical safety of any person, violations of our Terms of
Use, or as otherwise required by law.
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 NSS Services.
We do not sell, trade, or rent Users personal identification information to others. We may share
generic aggregated demographic information not linked to any personal identification
information regarding visitors and users with our business partners, trusted affiliates and
advertisers for the purposes outlined above, and as may be permitted by any written agreement
between us.
Protecting the privacy of the very young is especially important. For that reason, we never
collect or maintain information at NSS Services from those we actually know are under 13, and
no part of our website is structured to attract anyone under 13.
Public forums: You should be aware that any information you provide on or through certain
NSS Services (e.g., the Ideas Portal and listserv forums) may be read, collected, and used by
others who access them.
Correcting and updating your information: Customers may update or change the personal
information they have provided NextStep by logging into the NSS Service and providing such
additional information where applicable. If you are our customer and would like to gain access
to, or request deletion of information we have collected, please contact us at (___) ___-____ or
emailing ______@_______________.com.
Links to other websites: An NSS Service may contain links to other websites and web
applications,sites or information that are not owned or controlled by NextStep. Please be aware
that we do not determine and we are not responsible for the privacy practices or content of such
other sites. We encourage you to be aware when you leave an NSS Service and read the terms
of use and privacy statements of other websites and web applications .
Updates to Privacy Policy: NextStep has the discretion to update this privacy policy at any
time. When we do, we will revise the updated date at the top of this page. We encourage Users
to frequently check this page for any changes to stay informed about how we are helping to
protect the personal information we collect. You acknowledge and agree that it is your
responsibility to review this privacy policy periodically and become aware of modifications.
Your Acceptance: By using this NSS Service, you signify your acceptance of this policy. If you
do not agree to this policy, please do not use this NSS Service. Your continued use of the NSS
Service following the posting of changes to this policy will be deemed your acceptance of those
changes.
____________________________________________________________________________
NextStep Terms of Use
EFFECTIVE: February 7, 2020
THESE TERMS OF Use (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND
NextStep AND GOVERN THE USE OF AND ACCESS TO products and services available
through the Ideas Portal, website, forums, or other web- or cloud-based sites offered by
NextStep (“NSS Service(s)”).
By accessing or using a NSS Service, or authorizing or permitting another person or entity on
your behalf to access or use the NSS Service (“End User”), You agree to be bound by these
Terms. If You are entering into these Terms on behalf of a company, organization or another
legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to
NextStep that You have the authority to bind such Entity and its affiliates to these Terms. If You
do not have such authority, or if You do not agree with these Terms, You must not accept these
Terms and may not use the NSS Service.
Other terms may apply if you have a separate written agreement with NextStep. The terms of
any such agreement, as applied to its subject matter, override the terms contained here.
NextStep has the discretion to update these Terms at any time. When we do, we will revise the
updated date at the top of this page. We encourage Users to frequently check this page for any
changes to stay informed about how we are helping to protect the personal information we
collect. You acknowledge and agree that it is your responsibility to review this privacy policy
periodically and become aware of modifications.
1. GENERAL CONDITIONS; ACCESS TO AND USE OF THE NSS Service
1.1 You have the limited right to access and use the NSS Service for Your internal business
purposes. Without limiting the foregoing, Your right to access and use the NSS Service is also
subject to the restrictions and policies implemented by NextStep from time to time with respect
to the particular NSS Service.
1.2 You agree not to, as applicable: (a) license, sublicense, sell, resell, rent, lease, transfer,
assign, distribute, time share or otherwise commercially exploit or make the NSS Service
available to any third party, other than End Users in furtherance of Your internal business
purposes as expressly permitted by these Terms; (b) use the NSS Service to process data on
behalf of any third party other than Subscribers or End Users; (c) modify, adapt, or hack the
NSS Service or otherwise attempt to gain unauthorized access to the NSS Service or related
systems or networks; (d) falsely imply any sponsorship or association with NextStep, (e) use the
NSS Service in any unlawful manner, including but not limited to violation of any person’s
privacy rights; (f) use the NSS Service to send unsolicited or unauthorized junk mail, spam,
pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the NSS
Service to store or transmit files, materials, data, text, audio, video, images or other content that
infringes on any person’s intellectual property rights; (h) use the NSS Service in any manner
that interferes with or disrupts the integrity or performance of the NSS Service and its
components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the
source code of any software making up the NSS Service; (j) use the NSS Service to knowingly
post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive,
libelous, obscene, or discriminatory; (k) use the NSS Service to store or transmit any “protected
health information” as that term is defined in 45 C.F.R. 160.103; (l) use the NSS Service to
knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time
bombs, or any other similar harmful software (“Malicious Software”); or (m) try to use, or use
the NSS Service in violation of these Terms.
1.3 You are solely responsible for ensuring that use of the NSS Service to store and transmit
any of your own information is compliant with all applicable laws and regulations. You also
maintain all responsibility for determining whether the NSS Service is sufficient for Your
purposes. Access to and use of certain NSS Services is restricted to contracted NSS
customers. You agree and acknowledge that each End User in Your practice will be identified
by a unique email address and password (“Login”) and that an End User Login may only be
used by one (1) individual. You will not share a Login among multiple individuals. You and Your
End Users are responsible for maintaining the confidentiality of all Login information for Your
Account.
2. DATA PRIVACY AND SECURITY; CONFIDENTIALITY
2.1 Confidential Information: means all information disclosed by You to NextStep or by
NextStep to You electronically through the NSS Service, or in any other manner, which may or
may not be labeled “confidential” (or with a similar legend) or which a reasonable person would
understand to be confidential given the nature of the information and circumstances of
disclosure. Notwithstanding the foregoing, Confidential Information shall not include information
that (a) was already known to the receiving party at the time of disclosure by the disclosing
party; (b) was or is obtained by the receiving party by a third party not known by the receiving
party to be under an obligation of confidentiality with respect to such information; (c) is or
becomes generally available to the public other than by violation of these Terms; or (d) was or is
independently developed by the receiving party without use of the disclosing party’s Confidential
Information.
Subject to the express permissions of these Terms, You and NextStep will protect each other’s
Confidential Information from unauthorized use, access or disclosure in the same manner as
each protects its own Confidential Information, but with no less than reasonable care. Except as
otherwise expressly permitted pursuant to these Terms, each of us may use each other’s
Confidential Information solely to exercise our respective rights and perform our respective
obligations under these Terms and shall disclose such Confidential Information solely to those
of our respective employees, representatives and Subscribers who have a need to know such
Confidential Information for such purposes and who are bound to maintain the confidentiality of,
and not misuse, such Confidential Information.
2.2 Privacy Policy: Use of this NSS Service is subject to its Privacy Policy.
3. INTELLECTUAL PRNSSERTY RIGHTS
The rights granted to You, Subscribers and End Users to use the NSS Service under these
Terms do not convey any additional rights in the NSS Service, or in any rights, title and interest
in or to any patents, inventions, copyrights, trademarks, domain names, trade secrets,
know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual
Property Rights”). Subject only to limited rights to access and use the NSS Service as
expressly permitted herein, all rights, title and interest in and to the NSS Service and all
hardware, software and other components of or used to provide the NSS Service, including all
related intellectual property rights, will remain with and belong exclusively to NextStep.
Ideas. In using certain NSS Services, You may provide ideas, plans, workflow designs and
other materials to Us, and collaborate with Us in order to enhance or customize NextStep’s
products or services.. Any and all such contributions You provide to Us which become
incorporated into the Services are, without exception, Our property with no claim or reservation
of intellectual property rights by You, and We may implement any of Your ideas, plans, work
processes or business rules and may re-use them in whole or in part for the implementation of
NSS or the Services for any of our other customers. Nothing in this section applies to Your
content, brands, trademarks, copyrighted materials, or other intellectual property interests
contained in patient data.
4. Third Party NSS Services
If You decide to enable, access or use non-NextStep NSS Services provided by third parties
(“Third Party NSS Services”) be advised that Your access and use of such Third Party NSS
Services is governed solely by the terms and conditions of such Third Party NSS Services, and
We do not endorse, are not responsible or liable for, and make no representations as to any
aspect of such Third Party NSS Services, including, without limitation, their content or the
manner in which they handle data (including Your Data) or any interaction between You and the
provider of such Third Party NSS Services. You irrevocably waive any claim against NextStep
with respect to such Third Party NSS Services. NextStep is not liable for any damage or loss
caused or alleged to be caused by or in connection with Your enablement, access or use of any
such Third Party NSS Services, or Your reliance on the privacy practices, data security
processes or other policies of such Third Party NSS Services. You may be required to register
for or log into such Third Party NSS Services on their respective websites. By enabling any
Third Party NSS Services, You are expressly permitting NextStep to disclose Your Login as well
as Your Data as necessary to facilitate the use or enablement of such Third Party NSS Service.
5. DISCLAIMER OF WARRANTIES
NSS SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF
ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND NextStep EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU
ACKNOWLEDGE THAT NextStep DOES NOT WARRANT THAT THE NSS SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR
OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU
FROM NextStep OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS.
6. LIMITATION OF LIABILITY
6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE
TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUBSCRIBERS,
SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE
OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS,
LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH
PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE NSS Service,
REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
OR COULD HAVE FORESEEN SUCH DAMAGES.
6.2 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may not
apply to You. IN THESE JURISDICTIONS, NextStep’s LIABILITY WILL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.