PRIVACY POLICY- For Venduur

Last Updated on March 30, 2021

ARTICLE I: The Agreement between Venduur and Users 

1.01 Incorporation by reference.  Please read this Privacy Policy carefully, because the Privacy Policy is part of a binding Agreement between Venduur and Licensees (and their Users).  All words in bold and italicized text are defined in Article VI below. This Privacy Policy incorporates by reference the Terms of Use that are binding on all Users.

1.02 Binding Precondition.  This Privacy Policy governs how your Data can be used and accessed by Venduur, and potentially other third parties.  Use of the Technology by you constitutes your acceptance to the terms and conditions of this Privacy Policy.  If you do not agree that Data submitted to or utilized by the Technology may be used by Venduur and potentially third parties as constrained by the Privacy Policy, then you should not use or access the Technology in any way.  If you do not agree to be bound by the terms of this Privacy Policy, you should not access the Technology.  

ARTICLE II: General Approach

2.01 “Opt In” Basis.  The general approach of Venduur is to only obtain personally identifiable information on an “opt in” basis.  Otherwise, Data is utilized solely for the purpose of enabling the functionality of the Technology as made accessible to Licensees.  

2.02 Core purpose ofthe Venduur Technology.  The purpose of the Technology is to enable Hosts/Facilities to validate that Visitors/Guests have satisfied the applicable requires to enter into a particular area under the management or control of a Host/Facility.  Visitors/Guests will use the Technology as a platform to upload Content that relates to requirements of the applicable Host/Facility. and treatments.

2.03 Prohibitions.  Under NO circumstances will Venduur ever modify this Privacy Policy to allow for the sharing of the following types of information with third parties (unless subject to a validly issued subpoena by a government authority):

A. PHI information(regardless of whether it is personally identifiable or not).

B. Account Information (regardless of whether it is personally identifiable or not).

C. Contact Information unless the Visitor/Guest or has affirmatively communicated an “opt in” with respect to being contacted by third parties marketing goods and services that Venduur believes to be of interest to the applicable Licensee.

ARTICLE III: Information obtained about Licensees and Users

3.01 Types of Data that are captured and stored by the Technology.  The Technology is used to make Content available to Patients.   Other types of Data that are created, collected, and/or used by the Technology can include but are not limited to:

A. Account Information;

B. Browser Information;

C. Communications;

D. Contact Information;

E. Content which can includes PHI; 

F. Venduur Data; and

G. Feedback;

3.02 Use of Cookies.  Venduur receives and stores certain types of information whenever Licensees and Users interact with the Technology.  For example, like many Web sites, the Website use “cookies,” and we obtain certain types of information when your Web browser accesses the Website or advertisements and other content served by or on behalf of the Website on other Web sites.  Disabling the cookies on your computing device may interfere with your ability to take advantage of functionality provided on the Website or a Software application. 

ARTICLE IV: Use of your Data by Venduur and the Technology 

Most of the Data captured or created by the Technology is used to provide the functionality of the Technology to the Licensees of Venduur.  Such Data will be used solely to provide the functionality of the Technology to the Licensees of Venduur unless otherwise permitted in this Privacy Policy.  

4.01 Use of Contact Information.  Venduur may use Contact Information to contact Licensees and Users regarding developments with the Technology and commercial offerings of Venduur.  This Privacy Policy may be amended in the future to permit the disclosure of Contact Information to third parties.   All Users of the Website are encouraged to opt in to receive communications from Venduur regarding present and future offerings.

4.02 Use of Feedback.  Venduur may freely utilize Feedback on its Website.  Venduur will not disclose personally identifiable information about the individual providing the Feedback without their expressed consent.

ARTICLE V: CONTACT US. 

If you have any questions or concerns about this Privacy Policy, please feel free to contact Venduur at support@Venduur.com.

ARTICLE VI: DEFINITIONS

6.01 “Agreement” means the collective totality of all the binding promises between Venduur and Licensee.  

If you have an account with Venduur as a Host/Facility then the following documents are included in your Agreement with Venduur:

  • Host Agreement
  • Terms of Use/TOU
  • Privacy Policy

If you have an account with Venduur as a Visitor/Guest then the following documents are included in your Agreement with Venduur:

  • Visitor Agreement
  • Terms of Use/TOU
  • Privacy Policy

If you do not have an account with Venduur, then as a User of the Website the following documents are included in your Agreement with Venduur:

  • Terms of Use/TOU
  • Privacy Policy

A. “Effective Date” means the date on which the Agreement is first agreed to by the User.  This can occur implicitly through use of the Website (such as the TOU and Privacy Policy)   or through an affirmative expression of agreement (such as the Host Agreement and the Visitor Agreement).

B. “Host Agreement” means an Agreement between Venduur and a Host/Facility through which the Host/Facility obtains the ability to use the Technology to manage the certifications and other requirements for Guests/Visitors with active Visitor Agreements. 

C. “Visitor Agreement” means an Agreement between Venduur and a Visitor/Guest through which the Visitor/Guest obtains the ability to use the Technology to certify compliance with the requirements of Hosts/Facilities with active Host Agreements.

D. “Privacy Policy” means this “Privacy Policy” as set forth on the Website.

E. “TOU” or “Terms of Use” means the “Terms of Use” as set forth on the Website. 

6.02 “Claim” means collectively claims, damages, losses, injuries, liabilities, and any other form of legally cognizable responsibility.

A. “Indemnified Party” means the Party to an Agreement that is seeking indemnification from the other Party.  

B. “Indemnifying Party” means a Party to an Agreement that is holding harmless the other Party, the Indemnified Party.  

6.03 “Confidential Information” means information belonging to a Party that is not generally known by or accessible to the public.  Confidential Information includes but is not limited to: (a) the Technology; (b) the Services; (c) Data; and (d) other information shared by the Disclosing Party to the Receiving Party.  Confidential Information does not include information that: (I) is rightfully supplied to a Party by a third party without restrictions on confidentiality; (II) was or becomes generally known to the public without any fault on the part of the Party receiving such information pursuant to an Agreement; (III) is specifically allowed to be disclosed to certain third parties as set forth in the Agreement; or (iv) is specifically allowed to be shared or disclosed through the operation of the Technology. 

A. “Disclosing Party” means the Party disclosing Confidential Information pursuant to the protections of the Agreement. 

B. “Receiving Party” means the Party receiving Confidential Information pursuant to the protections of the Agreement.   

6.04 “Data” means collectively: (1) information that is submitted to or from a Visitor/Guest; and/or (2) information that is created by the Technology utilizing information that is submitted by a User.  Data can include but is not limited to Account Information, Browsing Information, Communications, Content, Contact Information,Feedback, andPHI.

A. “Account Information” means Data relating to the business account between a User and Venduur.  Login IDs and passwords are examples of Account Information. 

B. “Browsing Information” means Data that is captured in the context of interacting with a website through a browser utilizing cookies.   Browsing Information includes the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, through, and from the Website, including date and time; cookie number; cookies, JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

C. “Communications” means Data embodying digital communications such as e-mail, text messages, voice mail messages, telephone calls, and other forms of interactions between Venduur and a User.

D. “Contact Information” means Data that pertains to ways of communicating between Parties and Personnel. Contact Information can include phone numbers, e-mail addresses, physical addresses, social media IDs, fax numbers, and other similar types of information.

E. “Content” means Data relating the requirements of a Host/Facility and the satisfaction of those requirements by a Visitor/Guest. 

F. “Feedback” means Data from Licensees that is provided regarding: (1) the functioning of the Technology and the Licensee‘s experience with the Technology; and (2) Content accessed through use of the Technology.

G. “Venduur Data” means all Data accessed by the Technology that does not originate from a Licensee. 

H. “PHI” means protected health information under the Laws of the United States.  

6.05 “Fee“ means a payment of money pursuant to the terms and conditions of a Visitor Agreement.

6.06 “Law” means collectively all applicable statutes, regulations, binding case law precedent, and other sources of binding legal authority.  

6.07 “Party” means a legal person such as an individual human being or a business or other form of organization. Examples of a Party can include Venduur or a User, such as a Visitor/Guest, a Hosts/Facilities, or a person browsing the Website.  The term “Parties” refers to more than one Party.  

A. “Licensee” means an individual, business, partnership, government entity, or other organization accessing the Technology subject to a binding Agreement with Venduur.   Licensees collectively include:(1) Hosts/Facilities who have executed a Host Agreement with Venduur; (2) Visitor/Guests who have executed a Visitor Agreement with Venduur; and (3) individual Users of the Website. 

1. “Visitor/Guest” means a Licensee who has executed a Visitor Agreement with Venduur.

2. “Host/Facility” means a Licensee who has executed a Host Agreement with Venduur.  

3. “Website Viewer” means a Licensee who is an Unaffiliated User.

B. “Venduur” means Patchwork Network, LLC, a Michigan limited liability company identified by the ID Number of 801718043 on the official Department of Licensing and Regulatory Affairs LARA database for Michigan business entities that operates under the name of “Venduur”..  The registered service address for Venduur is 31325 Harper Avenue in St. Clair Shores, Michigan 48082.

6.08 “User” means a human being interacting with the Technology in either an active or passive way.   

A. “Personnel” means Users interacting with the Technology on behalf of a Licensee.  By way of example, a business entity such as a Host/Facility can interact with the Technology through its Personnel.  By way of further example, an individual Visitor/Guest may have additional Personnel who are authorized to interact with the Technology on behalf of the Visitor/Guest.

B. Unaffiliated User” means a User accessing the Technology without a relationship with a Visitor/Guest or Host Facility. An Unaffiliated User is not associated with Account Information and is merely a visitor of the aspects of the Website that are publicly accessible.

6.09 “Services” means collectively all benefits and functionality that Licensees can benefit from: (1) by accessing the Technology or (2) by interacting with the Personnel of Venduur.   

6.10 “Technology” means collectively the Website and the Software that can be accessed through the Website. If an App is subsequently developed and offered as an alternative way to access the functionality of the Website, the Technology shall include the App and all Software in the App.   Venduur and its suppliers hold all IP Rights in the Technology. 

A. “App” means software applications (if any) that are intended to be downloaded and run on computing devices such as a smart phones, tablets, smart watches, and other similar devices.   Venduur may in the future offer an App as an alternative way to access the functionality of the Website but no such Apps currently exist.

B. “Documentation” means the online information describing the functionality of the Technology provided to Visitors/Guests and Hosts/Facilities on the Website.

C. “IP Rights” means all cognizable proprietary rights under U.S. law. IP Rights include but are not limited to patent rights, copyrights, trademark rights, trade dress rights, and trade secrets.  IP Rights include currently vested rights as well as future contingent rights capable of fully vesting in the future, such as ownership of future patent applications.

D. “Server” means a computer controlled by Venduur and/or its suppliers on which Data is stored and accessed

E. “Software” means collectively all of the object code components (including but not limited to the HTML on the Website) that are accessible to Users 

F. “Website” means the www.Venduur.com  homepage, and all web pages accessible through that homepage that share the same domain na