eCW receives a perpetual licence to use de-identified Client Data for analytics
To the extent permissible under Applicable Laws, the user grants eCW a perpetual, unlimited licence to use the data and information compiled or passing through the Services that specifically relates to the user, the user's patient care, the Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage or payments, and related information (Client Data), in a de-identified format as defined under Applicable Laws, for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services. The licence is conditioned on eCW complying with Applicable Laws in those actions. The licensed object is Client Data in de-identified form, and the permitted uses are analytical rather than advertising.
Supporting quotations
To the extent permissible under Applicable Laws, you hereby grant to eCW a perpetual, unlimited license to use the data and information that is compiled or passes through the Services that specifically relates to you, your patient care, your Provider's procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Applicable Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that eCW shall comply with the Applicable Laws in connection with any such actions.
Qualifications & exceptions
Granted only to the extent permissible under Applicable Laws
The licence is perpetual and unlimited
Only de-identified Client Data, as defined under Applicable Laws, is licensed
The Client Data definition reaches the user, patient care, Provider procedures or diagnoses, and insurance procedures, policies, coverage or payments
Permitted purposes are benchmarking, sharing, warehousing, resource utilization and similar data analysis services
eCW must comply with Applicable Laws when acting under the licence
Not stated here
The source does not describe the de-identification standard applied in practice, any audit or publication of the outputs, or a way for a user to object
Sharing & Disclosure · Company practice
Users consent to marketing contact, texts and calls, and may revoke per the Privacy Policy
In addition to advertising on the Services, the user consents to eCW contacting them, through the Services or using the contact information provided, about offers, products or services of eCW or its partners that eCW believes may be of interest. The user further consents and agrees to receive text messages and phone calls from eClinicalWorks when using the Services, and understands and agrees that eCW may contact them in this manner. Consent may be revoked by contacting eClinicalWorks as set forth in the Privacy Policy. The stated revocation route runs through the Privacy Policy rather than through the Terms themselves.
Supporting quotations
In addition to the foregoing advertising, you consent to eCW contacting you, through the Services or using the contact information you have provided, regarding certain offers, products, or services of eCW or other of its partners that eCW believes may be of interest to you.
You further consent and agree to receive text messages and phone calls from eClinicalWorks when using the Services. Consent may be revoked by contacting eClinicalWorks as set forth in the Privacy Policy. You understand and agree that eCW may contact you in this manner.
Qualifications & exceptions
Contact may be through the Services or using contact information the user provided
The offers, products or services may belong to eCW or its partners
The subject matter is limited to what eCW believes may be of interest
Text messages and phone calls are expressly included
Revocation is by contacting eClinicalWorks as set forth in the Privacy Policy
Not stated here
The source does not describe response-time commitments, quiet hours or the mechanism the Privacy Policy specifies
Sharing & Disclosure · Permission or license
Service Specific Terms acceptance authorizes PHI use for advertising and push notifications
The user may also be asked to grant an authorization for eCW to use their PHI in connection with its business partners and the advertising, offers, products or services that may be directed to them, and for eCW to push notifications through the user's mobile devices. By accepting such Service Specific Terms in the process of accessing, using or downloading the Services, which includes registration for a user account, the user authorizes eCW to act in those manners as specified in the Service Specific Terms. The passage describes a separate authorization step and ties the resulting permission to the Service Specific Terms rather than to these Terms alone.
Supporting quotations
You may also be asked to grant an authorization for (i) eCW to use your PHI in connection with its business partners and the advertising, offers, products or services that may be directed to you, and (ii) eCW to "push" notifications to you through your mobile device(s).
By accepting such Service Specific Terms in the process of accessing, using, or downloading (such process including registration for a user account) the Services, you authorize eCW to act in these manners as specified in such Service Specific Terms.
Qualifications & exceptions
The authorization is framed as something the user may be asked to grant
PHI use is tied to business partners and advertising, offers, products or services directed to the user
Push notifications are authorized through the user's mobile devices
Acceptance of Service Specific Terms, including during account registration, supplies the authorization
The scope is what the Service Specific Terms specify
Not stated here
The source does not reproduce the Service Specific Terms, state whether the authorization is required to use the Services, or describe how it is revoked
Sharing & Disclosure · Company practice
eCW may disclose any information about the user, including identity, for investigations or legal compliance
eCW may disclose any information it has about the user, including the user's identity, if it determines that disclosure is necessary as part of any investigation or complaint regarding the user's use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with eCW's rights or property or another person's rights or property. Separately, eCW reserves the right to disclose any information it deems necessary to comply with Applicable Laws, and also when it determines that Applicable Laws permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. The second ground covers disclosures that the law permits as well as those it requires.
Supporting quotations
eCW may disclose any information it has about you, including your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with eCW's rights or property, or another person's rights or property.
eCW reserves the right to disclose any information eCW deems necessary to comply with any Applicable Laws, and also when it determines that Applicable Laws permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Qualifications & exceptions
Covers any information eCW has about the user, expressly including identity
The investigation ground applies to investigations or complaints about the user's use of the Services
A second ground covers disclosures needed to comply with Applicable Laws
A third ground covers disclosures eCW deems permitted by Applicable Laws, including fraud-protection exchanges with other companies and organizations
Not stated here
The source does not state whether the user is notified of such disclosures or which third parties receive them
Sharing & Disclosure · Company practice
Preserved communications may be disclosed for legal process, enforcement, rights claims and safety
eCW may disclose preserved user communications when required by Applicable Laws, or if eCW deems preservation or disclosure reasonably necessary to comply with legal process; to enforce the Terms; to respond to a claim that any communication, information posted on the Services or Affiliated Services, or Content violates the rights of others; or to protect the rights, property or personal safety of eCW and its employees, users of or visitors to the Services and Affiliated Services, and the public. The necessity judgment for the last four grounds is eCW's own.
Supporting quotations
(1) comply with legal process; (2) enforce these Terms; (3) respond to a claim that any communication, information posted on the Services, the Affiliated Services, or Content violates the rights of others; or (4) protect the rights, property or personal safety of eCW and its employees, users of or visitors to the Services and/or the Affiliated Services, and/or the public.
Qualifications & exceptions
One ground is a legal requirement; the others rest on eCW deeming preservation or disclosure reasonably necessary
Named grounds are legal process, enforcing the Terms, responding to a rights-violation claim, and protecting rights, property or personal safety
The safety ground covers eCW and its employees, users and visitors, and the public
Not stated here
The source does not describe notice to the user before disclosure