DG Apps Terms of Use and Privacy Policy

DG Apps Terms of Use and Privacy Policy

Welcome to DG Apps (the "Service"). This Agreement contains the terms, covenants, conditions, and provisions (the "Terms of Use") upon which you (the "User" or "You") may access and use this Service. By using the Service you acknowledge and accept these Terms of Use.

Scope

The DG Apps Terms of Use apply to the DG Apps products and services listed below, and to services that display or link to this notice.

Terms of Use

  1. Grant of License. This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Service conditioned on your continued compliance with the Terms of Use of this Agreement. You may print and download materials and information through this Service solely for personal and noncommercial use or for internal business use, provided that copyright and other applicable notices are not removed. Notwithstanding the foregoing and except as otherwise expressly permitted herein or as may be permitted by relevant third party rights owners, You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, or otherwise use any information or material obtained from or through this Service. You warrant to DG Apps that You will not use this Service for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with DG Apps, or (ii) collecting any information about other users, including personal URLs, accounts or other information.
  2. Security. DG Apps has implemented technical and administrative security features to prevent the unauthorized release of or access to personal information. Your use of certain portions of this Service requires that You register with a valid, working e-mail address. You are liable for the accuracy of the information that You supply to DG Apps during the registration process, including, but not limited to, your identity and credentials as a medical doctor. You agree to be solely responsible for the confidentiality and use of your user information, as well as for any activities or communications entered through this Service using your user name and password. You agree to immediately notify DG Apps of any unauthorized use of your user name and password or any other breach of security. DG Apps cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
  3. Links to Other Sites and Third Party Content. DG Apps is an informational service that provides You with access to materials and information that reside on sites not owned or controlled by DG Apps. Certain content on this Service, when viewed by You, may link You to sites and resources not owned or controlled by DG Apps. DG Apps has no control over such third party sites and resources. You acknowledge and agree that DG Apps is not responsible for the availability of such sites or resources, and does not endorse and or review any content, advertising, products, services or other materials on or available from such sites or resources. Accordingly, DG Apps expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on such sites or resources. You agree that DG Apps shall not be responsible or liable for any loss or damage incurred by You as the result of any business dealings that You may have with any third party advertisers or websites.
  4. Links to DG Apps. You may include a link from your website, forum, newsgroup, list serve, mailing list, electronic bulletin board, blog or wiki to this Service provided that your website does not contain illegal, obscene or offensive content. Notwithstanding the foregoing, DG Apps reserves the right to demand that You remove any link on your website that, in DG Apps's sole view, would negatively impact on the reputation of DG Apps.
  5. Code of Conduct. You agree not to do any of the following:
    • Restrict or inhibit any other authorized user from using and enjoying the Service. This includes, without limitation, obtaining or soliciting another person's user name and/or password or other personal information under false pretenses and using, or attempting to use, such user name and/or password without the owner's permission.
    • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
    • Send any unsolicited commercial emails or other unsolicited commercial communications through the Service.
    • Use the Service to advertise one's goods or services or the goods or services of a third party without the prior permission of DG Apps.
    • Interfere (or attempt to interfere) with the operation of the Service. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Service, or attempting to do so.
    • Post, store, or transmit any knowingly inaccurate or misleading personal or professional information.
    • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity.
    • Post, store, or transmit any unlawful, threatening, intimidating, harassing, defamatory, invasive of privacy or publicity rights, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by DG Apps) information or material.
    • Post, store, or transmit any information or content that could be construed to be medical advice and/or constitute a breach of doctor-patient confidentiality.
    • Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
    • Use the Service to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
    • Use any robot, spider or other automated device to access the Service, or any portion thereof.
    • Use the Service to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights.
    • Use the Service for any unlawful purpose or in any other manner that could damage, disable, overburden or impair the Service.
    • Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Service.
  6. Intellectual Property Rights. Certain content on this Service, when viewed by You, may link You to a third party website. DG Apps claims no proprietary rights to such content or third-party websites.
  7. Copyright and Intellectual Property Agent for Notice. DG Apps provides access to materials owned by third parties. If You believe that any materials available through this Service infringe any copyright or other intellectual property interest, or otherwise should not be accessible through this Service, please provide to DG Apps's Copyright and Intellectual Property Agent the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
    • A description of the copyrighted work or other intellectual property interest that is the subject of your claim;
    • A description of where the material is located on this Service;
    • Your address, telephone number, and e-mail address;
    • A statement by You that You have a good faith belief that access to the relevant material through this Service is inappropriate;
    • A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner's behalf.
    • Notices and claims of copyright or other intellectual property infringement on this Service may be submitted to DG Apps HERE: http://www.docguide.com/feedback.
  8. Notices, Communications, and Electronic Signatures. When You access the Service or send e-mails to DG Apps, You are communicating with electronically. You consent to receive communications from DG Apps electronically and we will communicate with You by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that DG Apps provides to You electronically satisfy any legal requirement that such communications be in writing. To utilize some features of this Service, you must affirmatively agree to these Terms and Conditions.
  9. User Submissions. DG Apps welcomes your feedback and suggestions about how to improve our products and Services. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") posted on or received through this Service, however, will be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for DG Apps to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. Further, DG Apps is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You may post on or send to this Service for any purpose whatsoever including, but not limited to, creating and marketing products and/or services using such information.
  10. Events Beyond DG Apps's Control. Users expressly absolve and release DG Apps from any claim of harm resulting from a cause beyond DG Apps's control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist acts, or governmental restrictions.
  11. DISCLAIMERS. WHILE DG APPS ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, DG Apps MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS APPLICATION OR IN THE INFORMATION AVAILABLE ON THIS APPLICATION AT ANY TIME, FOR ANY REASON. YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE WITHIN THIS APPLICATION. DG APPS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS AND FUNCTIONS AVAILABLE ON THIS APPLICATION FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, AND FUNCTIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL DG APPS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO USE THIS APPLICATION, OR FOR ANY INFORMATION, MATERIALS, AND FUNCTIONS AVAILABLE ON THIS APPLICATION, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DG APPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF DG Apps FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS APPLICATION SHALL NOT EXCEED $50.
  12. Indemnity. You agree to defend, indemnify, and hold harmless DG Apps and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of this Service or any breach by You of this Agreement. DG Apps reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of DG Apps. You agree to cooperate as fully as reasonably required in DG Apps's defense of any claim.
  13. Termination. DG Apps reserves the right at any time and for any reason to deny You access to this Service or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
  14. Governing Law. This Service is controlled by DG Apps from its offices within the United States and can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access this Service may differ, by accessing this Service both You and DG Apps agree that this Agreement will be construed and enforced in accordance with the statutes and laws of the State of New York, without regard to choice of laws principles. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. DG Apps makes no representation that materials on this Service are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Service are illegal is prohibited. Those who choose to access this Service from other locations do so of their own volition and are responsible for compliance with applicable local laws.
  15. Entire Agreement/Reservation of Rights. These Terms of Use and our Privacy Policy (below) represent the entire agreement between the User and DG Apps with respect to use of and material available on or through this Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and DG Apps with respect to this Service. Any rights not expressly granted herein are reserved.
  16. Effective Date and Changes to Agreement. The foregoing Agreement is effective as of April 8, 2009. DG Apps reserves the right to change this Agreement at any time by notifying Users of the existence and location of the new or revised Agreement. Your continued use of this Service, or an applicable, affirmative assent, after notice of a change shall constitute your acceptance of any such changes to this Agreement.

Notice Regarding Apple

The Terms of Use are between you and DG Apps only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or your possession and use of the Service infringe that third party's intellectual property rights. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary of the Terms of Use.

Privacy Policy

DGApps is a service mark of Doctor’s Guide Publishing Limited.

Doctor’s Guide Publishing Limited shares your concerns about maintaining the privacy of personal information collected on the Internet. The following Privacy Policy is intended to explain the information gathering and dissemination practices of Doctor’s Guide Publishing Limited in connection with your use of this site, its mobile optimized site (the 'Sites') or its services.

This Privacy Policy does not cover any other information gathering or dissemination practices, including, without limitation, data gathering and dissemination practices of other websites to which we link and data that we collect offline or through websites or surveys that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to questionnaires, surveys and other communications; under such circumstances, this Privacy Policy shall apply as modified or qualified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).

1. Collection of Personal Information from Users of the Sites.

Actively Submitted Data: When you subscribe for a service, register as a member, respond to an online survey, request information or otherwise actively send us data or communicate with us, we may collect data such as your name, e-mail address(es), mailing address(es), telephone number(s), certain information related to your profession (e.g., specialization, education, position, etc.), and other personal profile data. In each such instance, you will know what data we collect, because you actively submit it. Also, we clearly label which data is required and which data is optional.

Passively Tracked Data: When you visit our websites, we may also passively track information on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access our website, the Internet address of websites from which you come to our websites, the Web browser and operating system you are using, and your movements and preferences on the Site or Survey.

Combined Data: Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally (even though it can theoretically be done, we do not have the means or an interest to find out who you are unless you identify yourself voluntarily through an active submission of data). However, to the extent permitted by applicable law, we reserve the right to combine passively tracked data with personal data that you actively submit.

Cookies and Web Beacons: We may place Internet "cookies" on users' hard drives. Internet cookies can save data about individual users, such as the user's name, password, username, screen preferences, and the pages of a site viewed by the user. When the user revisits the website, we may recognize the user by the Internet cookie and customize the user's experience accordingly. Users may decline Internet cookies, if any, by using the appropriate feature of their web client software, if available. However, declining to use cookies may impede the ability of the website or the surveys to function properly. Enabling or declining cookies is within the user's sole discretion. We accept no responsibility for a user's decision to enable or decline cookies through their web client software.

We may also use web beacons to track who has opened our e-mails. Web beacons are tiny graphic image files, embedded in a website page that notify the home server (which can belong to the host website, a network advertiser, or some other third party) on a non-personally identifiable basis that some interaction has taken place. This notice may also result in a cookie being set on your device, as described above.

2. Use of Personal Data Collected.

Actively Submitted Data: We collect actively submitted data primarily for the internal purposes of identifying you, in order to verify that you are eligible to use our website or, for example, to participate in a survey; personalizing your experience; providing you with information (e.g., news to which you have subscribed, educational materials, etc.); contacting you for marketing and promotional purposes (e.g., to advise you of new services or enhancements to existing services including but not limited to continuing medical education or sponsored marketing programs, to communicate updates on products that we believe you are interested in, or to invite you to participate in market research surveys); fulfilling honoraria requests; and creating studies and reports with aggregate information (i.e., without identifying you personally or disclosing any of your personal information) for our clients and others that are interested in doing business with us. When signing up to this site, we may also use your personal information to give you access to other related services, including the web, app, or e-mail variations of this site.

Passively Tracked Data: We collect passively tracked data primarily for the internal purposes of administering and protecting our website and our systems; identifying server problems; compiling aggregated statistics about site usage; analyzing trends, in order to better understand the preferences of our visitors, ultimately so that we may know where to invest our ongoing development, creative and editorial efforts, and for promotional and marketing purposes.

3. Sharing of Information.

We are not in the business of selling or renting your information to telemarketers and do not share your personally identifiable information with others, except as follows.

Legal Rights: We may share your information as required by law or in the interest of protecting or exercising your or our legal rights, e.g., in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information that is not in personally identifiable form or which you publish without any restrictions (for example, name and business address of doctor's office and related professional information on specialization and expertise).

Agents and Service Providers: We may share your personal information with agents and service providers who use the data only on our behalf and for our purposes under confidentiality agreements.

Doctor’s Guide Publishing Limited Brands: We may share your personal information with other sites who operate using the Doctor’s Guide Publishing Limited service marks. All such sites have similar privacy policies as described in this Statement.

Third Parties: Only aggregate data will be provided to third parties (e.g., medical education providers, pharmaceutical supporters) for the activities they sponsor and/or promote on our sites. However, to the extent that a third party may already have personally identifiable information about a user, we may inform that third party as to whether that user did or did not participate in any of its sponsored programs.

Your Request or Consent: At your request or consent, we may share and use data differently, for example to facilitate communications and services between you and a third party. In all such instances the information to be released to the third party will be explicitly noted to you. Where information is shared with a third party in response to an express request from you, the use of the shared information by such third party is subject to the third party's privacy practices. We expressly disclaim any liability for the use of your information by such third party.

Marketing and Advertising: We may target advertising and marketing to you (e.g., through e-mail and on-site communications) based on information that you provide when you register for the Sites and information that we receive from third party sources. We may deliver these ads through the use of cookies and web beacons, as described above and may geographically target such advertising to registered and unregistered users based on IP address.

Market Research: Market research results are shared with third parties in aggregate (as a collection of total responses), and, except as described in this Privacy Policy, the individual responses of respondents are never shared in association with the respondent's name, mailing address, e-mail address or telephone number. Except for the purposes of, i) verifying a respondent's eligibility to participate in a study, ii) validating a respondent's responses to a study, iii) determining an additional fact of analytical importance to the study or iv) processing a respondent's honoraria payment, we do not share personally identifiable information with the third parties on whose behalf we are conducing such research. In such cases, the third party shall agree to restrictions on use and disclosure of personally identifiable information as set forth under a confidentiality agreement. We will not provide your personally identifiable information to third parties for the purpose of direct marketing or sales activity.

4. Security Measures.

We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We have implemented technical and administrative security features to prevent the unauthorized release of or access to personal information. Please note, however, that while we have endeavored to create a secure and reliable site for users, the confidentiality or accuracy of any communication or material transmitted to/from us over the Internet cannot be guaranteed. You are responsible for the security of information that you transmit via the Internet. It is your responsibility to safeguard the username and password that you use to access our websites, if any, and to notify us immediately at the address(es) below if you ever suspect that your username and/or password has been compromised. You are solely responsible for any unauthorized use of the website conducted via your username and password.

5. Opt-Out Right and Updating Account Information.

If you would like to opt-out of receiving promotional e-mails from us, please click here. Please note that third parties have their own data privacy policies, which may differ from ours. You will have to contact them separately if you would like to opt out of their communications.

If personal information you have submitted through the Site is no longer accurate, current, or complete, and you wish to update it, you may do so by updating your user profile on our websites, or by contacting us by clicking here. Upon appropriate request, we will update or amend your information, or provide you with access, but we reserve the right to use personal information obtained previously to verify your identity or take other actions that we believe are appropriate, including charging administrative fees.

6. Adherence to Country and Industry Guidelines.

United States: In the United States, we strive to conform to Federal Trade Commission (FTC) Fair Information Practice Principles, and to the principles set forth in the CAN-SPAM Act of 2003.

Canada: In Canada, we strive to conform to the principles set forth in the Personal Information Protection and Electronic Documents Act (PIPEDA).

European Union: In the European Union, we strive to conform to the principles set forth in the Safe Harbor framework, as established by the U.S. Department of Commerce regarding the collection, use, transfer, and retention of personally identifiable information provided to us from the European Union.

Market Research Industry Guidelines: We strive to conform to the Council of American Survey Research Organizations (CASRO) Code of Standards and Ethics for Survey Research, and the European Society of Opinion and Marketing Research (ESOMAR) Codes and Guidelines for Survey Research.

7. Right to Contact User.

We reserve the right to contact you regarding your website activity, changes to this Agreement or any other relevant policies or agreements.

8. Collection of Personal Data from Children.

We do not knowingly solicit information from children and we do not knowingly market the Sites or any goods or services to children. No one under the age of 13 should submit any personal information to the Sites.

9. Contacting Us.

If you have any questions regarding this Privacy Policy, you may contact us by clicking here.

10. Effective Date and Changes to Privacy Policy.

The foregoing Privacy Policy is effective as of April 26, 2013. We reserve the right to change this Privacy Policy at any time by notifying you of the existence and location of the new or revised Privacy Policy. Your continued use of the Sites after notice of a change shall constitute your acceptance of any such changes to this Privacy Policy.