APPLICATION TERMS OF USE

This web application (www.safedistance.org) and mobile application – (the “Applications”) — are owned and operated by HealthPartners. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATIONS. By using these Applications, you agree to these terms of use (the “Terms”). We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Applications following the posting of changes to the Terms will mean you accept those changes.  These Terms shall set forth the terms and conditions pursuant to which you can use the Applications.

CONSENT LANGUAGE

This phone application is being used for public health research into the COVID-19 Pandemic through the HealthPartners Institute. This research is led by the Principle Investigator, Dr. Bjorn Westgard. If you have questions or concerns, you may contact the HealthPartners Institutional Review Board at IRB@healthpartners.com.

The application has been developed and released to allow individuals to anonymously enter responses to a basic health survey so that they can assess their risk for contracting or spreading Novel Coronavirus 2019, also known as COVID-19, or SARS-CoV-2. Based upon the responses to the COVID-19 basic health survey, the application offers up-to-date guideline-based recommendations for self-care and social distancing. Location services allow us to track individuals who are symptomatic, tested, and diagnosed with COVID-19 and to pull that information together into map form to also communicate to users the degree to which individuals with COVID-19 or COVID-19 symptoms or risks are circulating in the areas (census tracts) where they are or would like to go. Our main research aim is to determine if that spatial information is correlated with an can predict new cases and areas of disease outbreak. No individual information from any user is shared with any other user or the research team. All information is collected on your phone, transmitted in an encrypted fashion, and stored in secure, HIPAA compliant servers through Amazon Web Services and the University of Minnesota. The phone application will also allow you to update your information related to symptoms, diagnosis and resolution of symptoms. 

There are potential benefits to using this phone application. As a user of the application, you will receive personalized actionable recommendations by experts, timely push notifications to stay informed, historical route logging for accurate spatial risk level assessment and a map showing Census Tract level symptom reports. These recommendations are designed to reduce the impact of Covid 19 and improve social distancing. The risks of this study are minimal. The primary risk to you is the communication of the information from your phone to the Amazon web server. However, all data is de-identified meaning that we do not know who you are or any other private information about you. Although you and your information will be anonymous, the geographic information that we collect allows us to identify your locations. For this reason, all data will be encrypted in transmission over Amazon web servers and ultimately stored on HIPAA compliant servers at the University of Minnesota.

You are not obligated to use this application. Using this application will be considered as tacit consent to participate in the above research. You may remove or delete the application from your phone at any time to stop participating without any risk to yourself. This will not erase your previously collected data but will stop all collection of information from your survey or location.

THE APPLICATIONS

The Applications, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Applications are the property of HealthPartners or its suppliers and partners and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. HealthPartners hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Applications for personal or informational purposes only. Except as expressly authorized by HealthPartners in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Applications for any purpose or “frame” or “mirror” the Applications on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to HealthPartners and/or its licensors and partners. 

USE OF APPLICATIONS BY CHILDREN

THESE APPLICATIONS ARE NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

TERMINATION 

HealthPartners may terminate your use of the Applications for: (a) breach of these Terms; (b) your abuse of Application resources or attempt to gain unauthorized entry to the Applications; or (c) as required by law, regulation, court or governing agency order.  HealthPartner’s termination of any user’s access to the Applications may be effected without notice and, on such termination, HealthPartners may immediately bar any further access to the Applications. HealthPartners shall not be liable to any user or other third party for any termination of that user’s access to the Applications.  

LINKS 

The Applications may provide links to other websites. HealthPartners exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.  

LIMITED WARRANTY; LIMITATION OF LIABILITY 

EACH USER’S USE OF THE APPLICATIONS IS AT USER’S SOLE RISK. THE APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HEALTHPARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTHPARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE APPLICATIONS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

COPYRIGHTS  

HealthPartners respects the intellectual property rights of others and requires that the people who use the Applications do the same. It is our policy to respond promptly to claims of intellectual property misuse.  If you believe that your work has been copied and is accessible in this Applications in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:  (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit HealthPartners to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. 

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is: 

John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com

PRIVACY

HealthPartners agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at www.safedistance.org/privacy or by sending an e-mail request to privacy@safedistance.org

GENERAL INFORMATION 

The Terms constitute the entire agreement between each user and HealthPartners and govern each user’s use of Applications, superseding any prior agreements. The Terms and the relationship between each user and HealthPartners shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Applications are controlled and operated by HealthPartners and its partners from within the State of Minnesota, United States of America. HealthPartners makes no representation that materials in the Applications are appropriate or available for use in other locations. Those who choose to access this Applications from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.   If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between HealthPartners and any user.