1. Application of this policy

We provide an online platform for the management of staff and facility schedules or other services provided on our platform (the “Service”). This Privacy Policy applies to your use of our Service, in any capacity, including as a user or representative of our customer (i.e., the practice or facility with which you are affiliated).

The Service is made available to you under a separate agreement between us and our customer.

This Privacy Policy also applies to your use of our website (https://www.mwebware.com) and all mwebware.com subdomains.

In this Privacy Policy, “we,” “us,” and “our” means MWebWare Software Services, and any of its affiliates.

2. Legally binding agreement

By logging into the Service by clicking the “Login” button on a login page or our website, or by accessing or using the Service or our website, you accept and agree to, and intend to be legally bound by, this Privacy Policy, including any changes that may be posted on our website from time to time.

You should not provide us with any of your information, or log in to the Services or use the Service or our website if you have objections to any of these practices or terms.

3. Data security obligations

We utilize systems infrastructure for hosting, security and delivery of our Service and website, such as third party cloud servers, that is consistent with commercially reasonable practices for comparable companies in the United States. Since we don’t control them, we have no responsibility or liability to you, regarding third party software, facilities, servers, systems, or other products, equipment or services, even if they are utilized for the provision of our Service or website.

We have implemented technical and administrative safeguards to manage your personally identifying information that are designed to protect against unauthorized access to, or disclosure or use of, your information by our employees and contractors and against reasonably anticipated third-party threats to the security of your information.

In coordination with our customer, we will report to you any unauthorized access to, or disclosure or use of, your information.

4. Data privacy obligations and lawful basis of processing

We will endeavor to keep your personal information private, except as provided in this Privacy Policy.

We collect and process your personal information either with your consent, as provided in this Privacy Policy, or to fulfill our legitimate interest in conducting our business, including for the purposes described in item 6 below.

5. Collection of your information

1. You provide us with your personal information when you log in to the Service or use the Service or our website. When you initially login to the Service or create an account with us, you provide us with information about you. At a minimum, this includes your first and last names, email address, and a password. This is information that can be uniquely identified with you or provide access to your account. You may also provide us with additional personally identifiable information through your use of the Service or our website, such as information or comments you may provide or make or comments you may leave in public areas of our website or your communications with us.

2. You consent to our customer’s sharing of your personal information. Our customer (i.e., the practice or facility with which you are affiliated, as indicated above) may collect personal information about you and may provide us with your personal information. This may include your name, address, telephone number, or date of birth. You consent to our customer’s sharing of this information with us and our receipt and, subject to this Privacy Policy, use of your information.

3. You permit us to use automatic data collection technologies, such as “cookies”. We keep track of the actions you take on our Service or website. Additionally, certain anonymous information may be passively collected (i.e., gathered without your actively providing the information) using various technologies, including browser cookies or small electronic files known as web beacons or tokens (also referred to as clear gifs, pixel tags or single-pixel gifs). When you access our Service or website from a computer, mobile phone, or other devices, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit. We may use these or similar technologies to make our Service or website easier to use, to make our communications better, or to protect both you and our Service or website. You can remove or block these technologies using the settings in your browser, but in some cases that may impact your ability to use our Service or website.

6. Disclosure and use of your information

1. We do not share or sell your personally identifying information, except for very specific purposes. These purposes include:

   • To provide or administer our Service or website to our customer or to you and other users of our Service or website, which may include our sharing of your information with our customer
   • To work with our third-party service providers in connection with our Service or website, such as our providers of cloud servers, content providers, payment processors, or mail/e-mail administrators
   • To communicate with you
   • To market our Service or website, including to you
   • To analyze, improve, or develop our products and services or new products or services
   • To offer or provide services jointly with other companies or organizations or to facilitate your use of their services
   • To respond to legal requests, including pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law, to cooperate with law enforcement or other governmental authorities, or otherwise in accordance with applicable law
   • To enforce our Terms of Use or legal rights we may have
   • To facilitate a sale or change of control of our business or our Service or website, in which case, among other things, your personal information may be an asset that we transfer
   • To fulfill your requests or otherwise with your consent

2. However, we may disclose or use information that is not personally identifying. So long as this information has been disconnected from your unique personally identifiable information, we may disclose or use it without limitations or restrictions, for any purpose, even after you delete your account. This includes aggregated information about users of our Service or website that may include your information, including for benchmarking or producing market research.

3. In addition, we may use your personal information for generating analytics and related materials, even after you are no longer affiliated with our customer. Unless applicable law requires us to erase your personal information or restrict processing or use of your personal information, and you elect, in accordance with those laws, to have us erase or cease use of your personal information, we may use your personal information to provide our Service (including by providing your information to third party providers of services contracted by us) or for generating analytics (or related reports or materials) or any other purpose reasonably related to our business. Our rights will continue even after you leave our customer’s practice or facility or after termination our agreement with the customer. For example, your name will remain recorded in the Service as part of the scheduling information from the period during which you were affiliated with the customer.

7. Certain disclaimers and obligations

1. You are responsible for how you use information from our Service or website. This is the case even if information from our Service or website includes errors or is not complete or correct. In addition, information from our Service or website will be provided by or from parties other than us, and we have no responsibility for that information.

   Among other things, you will be responsible for, and may not rely on the Service or any information produced by the Service in connection with, patient care requirements, legal or regulatory requirements, or other medical, diagnostic, or therapeutic use.

2. You understand that our Service infrastructure or website may be compromised. While we use commercially reasonable systems to support our Service or website, like any technology, our Service infrastructure or website may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report data.

3. You understand that our Service or website may experience a security breach. As above, while we use commercially reasonable systems to secure our Service or website, like any technology, our Service infrastructure or website may experience a security intrusion or data breach.

4. You will have limited legal rights against us. Except for our gross negligence that results in a breach of this Privacy Policy, you agree that in no event will we be liable or responsible to you for, and you waive any rights you may have to, any Damages (defined below) from us. Moreover, our liability will be limited as provided in item 11 below. This includes Damages arising out of (i) any breach of security or unauthorized disclosure, misappropriation, or unauthorized use of or access to your information or (ii) any failure of our Service or website to function in any manner or any loss, compromise, or inaccuracy of information on our Service or website. “Damages” means any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs, and expenses (including court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses) and damages of any kind, nature, or description whatsoever.

8. Certain rights you have

1. Your California Privacy Rights. California Civil Code Section §1798.83 permits users of our Service or website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email or write to us at the address below. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or postcard. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and include your name, street address, city, state, zip code, and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (i.e., email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

2. Users outside of the United States. If you are accessing our Service or website from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from our Service or website may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using our Service or website or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use and to those with whom we may share your information.

3. Your data protection rights under The General Data Protection Regulation (GDPR). If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We will take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.

   If you wish to be informed of what personal data we hold about you and if you want it to be removed from our systems, please contact us.

   In certain circumstances, you have the following data protection rights:

   The right to access, update, or to delete the information we have on you. Whenever made possible, you can access, update, or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

   The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

   The right to object. You have the right to object to our processing of your personal data.

   The right of restriction. You have the right to request that we restrict the processing of your personal information.

   The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

   The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.

   Please note that we may ask you to verify your identity before responding to such requests.

   You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

4. Access and Correction. If you wish to review or correct any of your personal information that we collect or store, please send an email or write to us at the address below. Your right to access or correct personal information may be subject to certain legal restrictions, including information that references other individuals or confidential commercial information. We may require you to provide additional information in order for us to process your request. Upon verification, we will provide you with access to your personal information within thirty (30) days.

5. You may opt-out of certain communications. We may communicate electronically and such communications are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication. You may cancel text message notifications at any time. If you do not want us to use your information to communicate with you, you can opt-out by notifying us of your intent to unsubscribe from such communications either by clicking the “unsubscribe” link contained within the communication or contacting us at the address below.

6. You may not be able to change or remove your profile information. Our customer (i.e., the practice or facility with which you are affiliated) may require you to maintain your personal information in the Service. Even if you are permitted to delete your account, we delete all personally identifying information, but we do NOT delete information that is not personally identifying. By using our Service or website, you agree that we may keep this information permanently. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on our Service. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with this Privacy Policy.

7. Our contact information. You should contact us as provided in this item 7, or to report any security violations or any violations of this Privacy Policy or any questions or concerns regarding this Privacy Policy, at:

   Email:
   info@mwebware.com

   Address:
   MWebWare SoftwareServices.
   10110 Sutherland
   Silver Spring, MD 20901,
   (+) 301 591 3855,
   USA
   
   #1-98/7/42, Jaihind Enclave Road,
   Madhapur, Hyderabad - 500081
   +91-040-29705578
   INDIA

9. Links

This Privacy Policy does not apply to websites linked to/from or using our Service or website or to entities or applications that we do not own or control. Our Service or website is not affiliated with and does not endorse the content, items, or services of those websites or third parties. When you click on links on our Service or website, you may leave our services. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external websites, or for the privacy, use, storage, or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.

10. Modifications to this Privacy Policy

We may make changes to this Privacy Policy from time to time in our sole discretion and may post any such changes on our website. Each time changes are made, a notice of these changes may be posted on our website. Your continued use of our Service or website following the posting of changes constitutes your acceptance of any such changes.

11. Additional limitations of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW:

1. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM ANY VIOLATION BY US OF THIS PRIVACY POLICY.

2. EXCEPT FOR OUR GROSS NEGLIGENCE THAT RESULTS IN DIRECT DAMAGES TO YOU, IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE TO YOU FOR, AND YOU WAIVE ANY RIGHTS YOU MAY HAVE TO, ANY DAMAGES FROM US IN CONNECTION WITH ANY VIOLATION BY US OF THIS PRIVACY POLICY.

3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU EXCEED YOUR PROPORTIONATE SHARE (BASED ON THE TOTAL NUMBER OF OUR CUSTOMER’S USERS) OF THE FEES RECEIVED BY US FROM THE CUSTOMER FOR THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RIGHT TO THE LIABILITY OR, IF GREATER, THE AMOUNT OF INSURANCE PROCEEDS ACTUALLY RECEIVED BY US, AND DESIGNATED FOR OUR LIABILITY TO YOU, BASED ON THE EVENT GIVING RISE TO THE LIABILITY TO YOU.

4. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM ARISING IN ANY WAY RELATED TO THIS PRIVACY POLICY MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.

5. THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. Additional indemnification

You agree to indemnify and hold harmless us and our owners, employees and representatives from and against any and all Damages resulting from or in any way connected with your use of our Service or website, content you submit, post, or transmit through our Service or website, your breach of this Privacy Policy, or any of your other acts or omissions (whether or not relating to our Service or website).

13. Severability of terms

If any provision of this Privacy Policy is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Privacy Policy shall continue in full force and effect.

14. Entire agreement

This Privacy Policy constitutes the entire agreement between you and us regarding subject matter of this Privacy Policy.

15. Applicable law

This Privacy Policy and the resolution of any dispute related to this Privacy Policy shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.

16. Interpretation

As used in this Privacy Policy, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation” and “or” shall be construed to be inclusive and have the meaning of “and/or”. No provision in this Privacy Policy will be construed against us merely because of our or our counsel’s role in drafting this policy.