CertLink Terms of Service
Implemented: August 23, 2019
- Terms of Service. CertLink® assessment platform is an online platform for the development and delivery of dynamic assessments to support continuing certification and professional development for users. These Terms of Service govern your access to and use of any and all CertLink products, services, features, applications and technologies, including, but not limited to, mycertlink.org, CertLink mobile applications and any other service of or technology provided by CertLink that may be available from time to time (collectively referred to as “Services”). By checking the box before the statement “I understand and agree” and then clicking “Accept” or by otherwise using the Services in any manner, you acknowledge that you have read and understand these Terms of Service and that you accept them as legally binding upon yourself as of the date of acceptance or use.
- User Commitments. In exchange for CertLink providing these Services, you agree to the following commitments:
- You will use your legal name or the same name you use as a regular part of your daily life. You will provide accurate information or otherwise validate the accuracy of information about yourself when you create and maintain your account. You will not create a false identity, misrepresent your identity or establish an account for anyone other than yourself.
- You are age eighteen (18) or older and legally eligible to enter into this agreement.
- You will ensure and otherwise validate that your account information is always current.
- You will have a strong, secure and confidential CertLink password and will not share this password with or otherwise provide access to your account to any third party.
- You will use the Services in a professional manner and solely for the permissible purpose of participating in assessments to support continuing certification or professional development.
- You will not upload viruses, worms or harmful code or engage in any malicious activity that could impair, disable, overburden or otherwise interfere with the proper functioning of the Services.
- You will not develop, support or use software, devices, scripts, robots or any other means or processes (e.g., crawlers, browser plugins or add-ons) to scrape the Services or otherwise copy profiles and data from the Services.
- You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services.
- You will not override any security feature, bypass or circumvent any access controls or use limits, or use bots or other automated methods to access the Services.
- You will not monitor the Services’ availability, performance or functionality.
- You will not engage in “framing” and “mirroring” or otherwise simulate the appearance or function of the Services.
- You will not otherwise access or use the Services for any impermissible purpose.
- License. When you submit content online that is covered by intellectual property rights, you own the content that you provide to CertLink. Nevertheless, you grant CertLink a worldwide, perpetual, transferable, non-exclusive, royalty free and sublicensable license to host, use, distribute, modify, run, copy, translate or create derivative works of such content. You may terminate this license at any time by deactivating your account.
- Confidential Information. You shall consider as confidential and proprietary and shall not copy, use, disclose, reveal or provide access to the Services and any of the accompanying non-public data, materials or other information (collectively referred to as “Confidential Information”) to any third party. You further acknowledge that your breach of this provision will cause CertLink and its parent corporations, subsidiaries, affiliates, members, directors, officers, employees and agents (collectively referred to as “the Protected Parties”) irreparable injury for which no adequate remedy at law exists and that the Protected Parties shall be entitled to injunctive relief without the need to post a bond or any other form of security as may be necessary to enjoin such breach.
- Disclaimer of Warranties. You expressly acknowledge and agree that you assume all the responsibility and risk for your use of the Services and the results and performance of the Services. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. CERTLINK DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Any information or guidance provided by CertLink or its representatives, whether verbal or written, likewise does not create any warranty or condition as set forth above. Finally, CertLink does not represent or warrant the following: (a) the Services will be free from error or any errors or course defects will be corrected; (b) the operation of the Services will be uninterrupted or secure; (c) you will obtain or achieve a particular result from your use of the Services; and (d) you will be satisfied with the accuracy, timeliness, completeness or adequacy of the Services.
- Indemnification. You agree to indemnify, hold harmless and defend CertLink and its parents, subsidiaries, affiliates, members, directors, officers, employees, agents and permitted successors and assigns from and against any and all claims, causes of action, suits, demands and any and all related losses, judgments, damages, fines, expenses and costs, reasonable attorney’s fees or other liabilities of any nature asserted by third parties arising out of or relating to any negligent act or omission committed by you in the performance of your duties or obligations under this Agreement or any breach by you of this Agreement.
- Limitation on Liability. Any liability of the Protected Parties shall be limited to the fullest extent provided by law. EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY OR DAMAGES, THE PROTECTED PARTIES WILL NOT BE LIABLE TO YOU, BASED ON ANY CAUSE OF ACTION OR THEORY OF LIABILITY, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS; LOSS OF GOODWILL; BUSINESS INTERRUPTION AND COMPUTER FAILURE OR MALFUNCTION; LOSS OF CONTENT OR DATA OR COST OF COVER; OR LOSS OF OPPORTUNITY, GOODWILL AND REPUTATION. This limitation of liability is a critical component of the basis of the bargain between you and CertLink.
- Export Laws. You may not use, export, re-export, import, sell or transfer the Services or any Services-related data into any country or use them in any manner prohibited by the U.S. Export Administration Act or any other export laws or regulations. In particular, the Services may not be exported or re-exported (a) into any embargoed countries by the United States or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person List or Entity List. By using the Services, you represent and warrant that you are not located on any such list or in any such country, which are, by way of illustration and not limitation, Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea or Serbia.
- Notices. Notices, announcements and other messages will be provided to you either through the Services or sent to you using the contact information you provide to CertLink (e.g., email address or mobile telephone number).
- Governing Law. This agreement shall be interpreted in accordance with and governed by the laws of the state of Illinois without resort to any conflict of laws principles. The sole and exclusive jurisdiction for any legal proceeding or other dispute arising out of or related to this agreement or its subject matter shall be the federal or state courts located in Cook County, Illinois, and you consent to jurisdiction and venue in such courts.
- No Waiver. Any failure of either party to exercise or enforce any of its rights under this agreement will not act as a waiver of such rights or any other rights, unless such waiver is set forth in writing signed by the waiving party.
- Headings. The section titles in this agreement are provided solely for organizational purposes and have no legal or contractual significance.
- Severability. If any provision of this agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be considered void and severed from the agreement, and the remainder of the agreement shall remain fully operative and binding on the parties.
- Assignment and Delegation. You may not assign or delegate any rights or obligations under this agreement.
- Controlling Language. Unless otherwise required by law, the controlling language of this agreement is English. In the event of an inconsistency or discrepancy between the English interpretation and any translation in another language, the English interpretation shall prevail.
- Entire Agreement. This agreement is the entire agreement between you and CertLink and supersedes any and all prior agreements with respect to its terms and conditions.
- Termination of Agreement. Either party may terminate this agreement at any time with notice to the other party. For you, the termination process would likely be the deactivation of your account. The following provisions will, however, survive beyond termination: Disclaimer of Warranties; Indemnification; Limitation on Liability; Governing Law; No Waiver; Severability; Assignment and Delegation; Controlling Language; Entire Agreement; and Reservation of Rights.
- Reservation of Rights. CertLink reserves all rights not expressly granted to you by these Terms of Service.
- Amendments to Terms of Service. CertLink may amend these Terms of Service at any time in its sole discretion and will notify you of any material changes. Following this notification, your continued use of the Services constitutes acceptance and agreement of the amended Terms of Service. If you disagree with the amendments to the Terms of Service, your recourse is to deactivate your account. Any amendment between CertLink and a specific user shall be in a written instrument executed by both parties.
- Contact Us. You may contact CertLink by email at firstname.lastname@example.org.
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Implemented: August 23, 2019
- Commitment. CertLink® respects your privacy and is committed to safeguarding it when you access and use any and all CertLink products, services, features, applications and technologies, including, but not limited to, mycertlink.org, CertLink mobile applications and any other service of or technology provided by CertLink that may be available from time to time (collectively referred to as “Services”). This policy is intended to answer any questions you may have regarding the collection, processing, maintenance, disclosure and protection of your personal data while you use the Services.
- Scope of Policy. This policy applies to mycertlink.org, CertLink mobile applications and any other online service provided by CertLink ; any electronic correspondence between CertLink and you related to the Services; and your use of the Services.
- Data Collected by CertLink.
- We collect the personal data, content, communications and other information you provide when you use or otherwise interact with our Services, including when you create an account or subscribe for Services and send messages to or otherwise communicate with CertLink. Examples of such content are your name, email address, user name and password.
- We collect data about the pages you are connected to and how you interact with them across our Services.
- We collect data regarding the Services you use; how you use the Services, such as the type of content you view or with which you engage; the features you use; your actions online, such as the files you download or view; and the time, date and duration of your online activities.
- We collect information from and about the computers, tablets, telephones and other web-connected devices that you use to interact or integrate with the Services. We combine this information across the different devices you use. The information we obtain from these devices includes hardware model, internet protocol (commonly referred to as “IP”) address and other unique identifiers; browser type and settings; settings of the device used to access the Services; and the device’s operating system.
- In addition to knowing the IP address, we also collect information regarding your internet service provider (commonly referred to as “ISP”), clickstream data, server logs and traffic data.
- CertLink uses Google Analytics to provide additional insight into its user data. Specifically, Google Analytics utilizes its own cookies, web beacons, pixel tags, log files or other technologies to capture data similar to the data captured by cookies.
- CertLinks’ Use of Data Collected. CertLink uses the information described above to support the Services and promote the highest quality user experience possible. These intended uses, include, but are not limited to, the following:
- Providing the Services;
- Personalizing the Services by tailoring the content and content access options to your specifications;
- Researching, analyzing and auditing to improve the Services;
- Maintaining and ensuring the viability and integrity of the network;
- Marketing and promotional efforts using de-identified data only;
- Protecting the rights or property of CertLink and its users or partners;
- Researching and developing new products and services;
- Providing measurement, analytics and other business services;
- Promoting safety and security within the system; and
- Communicating with users.
- Data Retention Period. CertLink retains personal data for as long as necessary to fulfill the business purpose for which you provided it to CertLink and for any other legitimate business purpose, including, but not limited to, compliance with any legal accounting or reporting requirements. We may also retain offline archival copies of personal data for any applicable statutory retention periods.
- Rights of Users. If you are a resident of a Member State of the European Union or European Economic Area, you have the following rights with respect to your personal data as defined by applicable law:
- Right to access and review the personal data;
- Right to update personal data or rectify any incorrect or incomplete personal data;
- Right to restrict processing under certain terms and conditions;
- Right to object to processing for direct marketing, research or statistical purposes;
- Right to erasure of personal data under certain terms and conditions;
- Right to object to automated decision-making;
- Right to data portability; and
- Right to withdraw your consent at any time. Any users may withdraw their consent to allow CertLink to process their personal data by deactivating their accounts at any time.
- How CertLink Protects Your Data. CertLink uses its best efforts to secure its website and maintain the confidentiality of information users provide to CertLink , thereby preventing against its unauthorized access, misuse, alteration or corruption. These efforts include the employment of physical, administrative and technical safeguards using the most currently available technology and practices to promote the integrity and security of its systems. As effective as these measures may be, CertLink cannot guarantee that the security of its electronic data cannot be compromised.
- Sharing Data with Third Parties. CertLink may share your data with third parties, including, but not limited to, the following entities or individuals:
- Vendors that have contracted with CertLink , such as hosting vendors, advertising service providers, data analytics and customer support providers, information technology service providers and list managers;
- Medical specialty boards or medical credentialing and accreditation organizations in connection with continuing medical education and continuing certification offerings;
- Partners that may conduct evaluations of online education or assist in understanding the usage patterns for certain Services or functionality within the system;
- Researchers and academics who will support CertLinks’ vision and mission and enhance innovation;
- Any third party with a legitimate business purpose related to CertLink ; and
- Courts or law enforcement.
- Acquisition or Changes in Ownership. In the event CertLink or a substantial portion of its assets is acquired by, merged with or consolidated with a third-party entity (collectively referred to as a “Change in Control”), your information will be considered a part of those assets and will be included in the assets that are sold, assigned or transferred during the Change in Control.
- Contact Us. You may contact CertLink by email at email@example.com.
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Implemented: August 23, 2019
- What is a cookie? A cookie is a small piece of data (i.e., text file) that is stored on the hard drive or browser of your computer or electronic device when you visit a website or application. Cookies serve different purposes depending on the type of cookie at issue. The most common use of a cookie is to enhance your experience on a site by allowing you to browse the site as smoothly as possible, remembering your preferences and customizing your settings.
- What types of cookies are used by CertLink ? CertLink primarily uses two types of cookies—“session cookies” and “persistent cookies.” A session cookie helps CertLink remember your preferences during a single visit and is only functional for as long as the current visit to the website or browser session. A persistent cookie stays in your browser and will be read by CertLink when you return to the CertLink site, thereby enabling CertLink to recognize you immediately as an existing user. Other cookies may be used at the discretion of CertLink.
- How do you avoid cookies? Most browsers allow you to control cookies through your settings preferences. If you do not want to receive cookies, you may change your browser settings on your computer or electronic device. Nevertheless, if you limit the ability of CertLink to set cookies, you may not be able to use the Services.
- Questions? You may contact CertLink by email at firstname.lastname@example.org.
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