The MGH Heart App (“The Heart App”) is a reference application developed by Massachusetts General Hospital (“MGH”) that serves as a digital repository for aortic dissection screening and extracorporeal membrane oxygenation (”ECMO”). The protocols and information have been developed by clinicians at Massachusetts General Hospital.
The Heart App is intended for use solely by licensed physicians, physician assistants, nurse practitioners and emergency medical technicians as an informational resource only and solely within such individual’s scope of expertise and practice. THE HEART APP IS NOT A SUBSTITUTE FOR A MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL MEDICAL JUDGMENT, ADVICE, DIAGNOSIS, OR TREATMENT. The Heart App is not to be used by non-medical professionals.
Information that you may provide in connection with the use of this application is not considered “Protected Health Information” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and is not subject to the Partners HealthCare Notice of Privacy Practices.
HEART APP is available only by download though the Apple iOS App Store.
Apple Inc. is not a party to this Agreement. You acknowledge that this Agreement is between MGH and you, and that Apple Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to this Agreement.
THE MGH HEART APP ACCESS
NON-DISCLOSURE AND CONFIDENTIALITY
In using HEART APP, you will have access to confidential information of MGH and third parties (“Confidential Information”) that may include software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation.
During the term of this Agreement and thereafter, you agree not to disclose any Confidential Information to any third party except as permitted by this Agreement and by applicable law.
Without limiting the foregoing, you agree to undertake all reasonable measures to ensure the privacy and security of all Confidential Information including without limitation: (i) not to access or use any Confidential Information that you have no legitimate authorization to access or use; (ii) not to access HEART APP, any content or material contained within HEART APP including but not limited to any third party content or material, or any Confidential Information for any other individual or any unauthorized third party. You acknowledge and agree that all obligations relating to Confidential Information under this Agreement will continue after termination of this Agreement and termination of access rights hereunder.
MGH may terminate this Agreement and/or terminate or suspend your license and access to the HEART APP at any time and for any reason. MGH has the right to refuse to provide access to HEART APP to any person, agency or organization, or to prohibit any person, agency or organization from using HEART APP, at any time and for any reason. MGH reserves the right to change, suspend, or discontinue all or part of HEART APP, temporarily or permanently, without prior notice. We reserve the right to deactivate any account at any time, for any reason.
COPYRIGHT AND PROPRIETARY RIGHTS
You acknowledge and agree that HEART APP and the Confidential Information is the property of MGH or their respective licensors and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. Except as expressly provided in this Agreement, MGH and its licensors do not grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of HEART APP or the Confidential Information may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, redistribution, use or publication by you of any part of HEART APP or the Confidential Information is strictly prohibited; provided, that you may print, copy electronically, or download information from the application for personal, non-commercial use only, provided you identify the source of the material and include a statement that the materials are protected by copyright law.
MGH shall have the right to use and incorporate into HEART APP any feedback and input provided by you, for any purpose, including the improvement of HEART APP and other research, educational and patient care purposes.
HEART APP may contain third party materials and/or links to third-party materials and third-party websites for your information and convenience. MGH is not responsible for the availability, accuracy, or content of any of those third-party materials or websites nor does it endorse them. Prior to accessing this information or these third party websites you may be asked to agree to additional terms and conditions provided by such third parties which govern access to and use of those websites or materials.
All information contained within HEART APP such as text, graphics, logos and images is copyrighted by and proprietary to MGH and may not be reproduced in whole or in part.
THE CONTENT CONTAINED WITHIN HEART APP IS BASED ON PERTINENT PUBLISHED MEDICAL LITERATURE, NATIONAL AND STATE GUIDELINES, AND/OR EXPERT CONSENSUS, WHICH CONTINUES TO EVOLVE. USE OF THE HEART APP APPLICATION DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. IT IS NEITHER AN ATTEMPT TO SUBSTITUTE FOR THE PRACTICE OF MEDICINE NOR AS A SUBSTITUTE FOR THE PROVISION OF ANY MEDICAL PROFESSIONAL SERVICES.
FURTHERMORE, THE CONTENT IS NOT MEANT TO BE COMPLETE, EXHAUSTIVE, OR A SUBSTITUTE FOR MEDICAL PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION HEREIN SHOULD BE ADAPTED TO EACH SPECIFIC PATIENT BASED ON THE TREATING MEDICAL PROFESSIONAL’S INDEPENDENT PROFESSIONAL JUDGMENT AND CONSIDERATION OF THE PATIENT’S NEEDS, THE RESOURCES AVAILABLE AT THE LOCATION FROM WHERE THE MEDICAL PROFESSIONAL SERVICES ARE BEING PROVIDED (E.G., HEALTHCARE INSTITUTION, AMBULATORY CLINIC, PHYSICIAN’S OFFICE, ETC.), AND ANY OTHER UNIQUE CIRCUMSTANCES. THIS INFORMATION SHOULD NOT BE USED TO REPLACE, SUBSTITUTE FOR, OR OVERRULE A QUALIFIED MEDICAL PROFESSIONAL’S JUDGMENT.
YOU ASSUME FULL RESPONSIBILITY FOR USING THIS INFORMATION AND AGREE THAT MGH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CLAIM, LOSS, DAMAGE OR INJURY (INCLUDING DEATH) TO ANY PERSONS OR PROPERTY ARISING FROM ANY USE OF OR RELIANCE UPON ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION PROVIDED BY OR ACCESSED THROUGH HEART APP. MGH MAKES HEART APP AVAILABLE AS A HEALTH INFORMATION RESOURCE TO BE ACCESSED AT YOUR CONVENIENCE. HEART APP IS NOT MEANT TO REPLACE CLINICAL JUDGEMENT IN EMERGENCY SITUATIONS, AND ALL HEALTHCARE PROVIDERS SHOULD EXERCISE THEIR OWN INDEPENDENT CLINICAL JUDGMENT. YOU SHOULD NOT RELY UPON HEART APP FOR ANY IMMEDIATE HEALTH CONCERNS OR QUESTIONS.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS THAT YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) MAY HAVE, NOW OR IN THE FUTURE, AGAINST MGH, ITS THIRD-PARTY LICENSORS, AND/OR AFFILIATES (THE “RELEASED PARTIES”) BASED UPON YOUR USE OF THE HEART APP APPLICATION, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO HEALTH, ILLNESS, AND/OR ANY ADVERSE CONSEQUENCES, THAT YOU OR ANY THIRD PARTY MAY INCUR OR SUFFER AS A RESULT OF YOUR USE OF THE HEART APP APPLICATION (“CLAIMS”), AND YOU (AND/OR YOUR HEIRS, SUCCESSORS, OR ASSIGNS) HEREBY FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL OF SUCH CLAIMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, MGH HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE).
ACCESS TO HEART APP AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MGH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
MGH DOES NOT CONTROL THE DEVICES OR COMPUTERS OR THE WIRELESS NETWORK OR THE INTERNET OVER WHICH YOU MAY CHOOSE TO ENTER CONFIDENTIAL OR PERSONAL INFORMATION AND CANNOT, THEREFORE, PREVENT INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION WHILE IN TRANSIT TO MGH. MGH MAKES NO GUARANTEE AS TO THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY INFORMATION TRANSMITTED TO, FROM, OR THROUGH HEART APP.
In the event of any failure of HEART APP to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for HEART APP to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to HEART APP, and will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty.
You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to HEART APP or your possession and/or use of HEART APP, including, but not limited to: (i) product liability claims; (ii) any claim that HEART APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with any use by HEART APP with Apple’s HealthKit and HomeKit frameworks.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MGH OR ANY MGH AFFILIATE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF HEART APP, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold harmless MGH, ITS third-party licensors and affiliates against any and all liabilities, losses, claims, damages, suits, costs and expenses (including reasonable attorney’s fees) arising out of your access to and use of the HEART APP application or any content or material contained therein, which shall include without limitation your use, reproduction, and display of any MGH material. You shall immediately notify MGH of any such claim. You further acknowledge that, in no event, shall Apple be responsible for the investigation, defense, settlement, and discharge of any third-party claim that HEART APP infringes that third party’s intellectual property rights.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for the resolution of any dispute based upon or relating to this Agreement. This Agreement constitutes the sole agreement between you and MGH relating to your use and our provision of HEART APP and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or MGH. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole. Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by MGH of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in a writing signed by the parties.
A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Individual questions and complaints should be directed to the following: Massachusetts General Hospital, The MGH Heart App Program Administrator, 50 Staniford Street, Suite 750, Boston, MA 02114, or email to email@example.com
Please read the following carefully before using the application.
Information that you may provide in connection with the use of this application is not considered “Protected Health Information” as defined under the Health Insurance Portability & Accountability Act and related regulations (collectively referred to as “HIPAA”) and is not subject to the Partners HealthCare Notice of Privacy Practices. You hereby acknowledge and agree that you will not submit any “Protected Health Information” to us through your use of the application.
Information That We Collect
When you download and use our application, we need to collect personal information from you such as IP address and other location data, demographics information (gender, age, interests, language preference) and device information (device platform, operating system type and version) in connection with the registration download and use. In addition, we may need to collect additional information in connection with your use of certain features of the application. For example, we may collect or you may be asked to provide additional personal information, such as name phone number and demographic information, if you choose to complete any of the online forms to provide feedback or if you utilize the “Call MGH” feature of the application.
Information Collection and Use
Information We Collect
Use of Third-Party Services; Information Collected Though Interaction with the Application
Cookies, Tracking and Internet-based Advertising
This application works with third-party products or services (“Service Providers”). These include Google and other Service Providers who help us track and analyze visitor activity on the application, measure the effectiveness of our advertising efforts, and support the optimization of our digital marketing campaigns.
The application uses “cookies,” tracking pixels and related technologies. These can be set by MGH or by our Service Providers.
Cookies are small data files that online services can store on, and retrieve from, a user’s computer or mobile device through the user’s web browser. The information is stored and retrievable either for the duration of an application visit (known as “session cookies”), or until some later point in time set by the application setting the cookie (known as “persistent cookies”).
Examples of information we and our Service Providers collect include how often someone visits this application and what they do while on the application. We and our Service Providers use this information in the aggregate to understand how our visitors as a group use different resources and to help us improve our application. We and our Service Providers also collect information about the activity of individual application users. This information may be used to direct related Mass General advertisements and/or informational content to application users when they visit other applications.
Most internet browsers accept cookies by default, but you can modify your browser preferences to block or restrict cookies if you do not want your web browsing activity tracked. There are a variety of tools publicly available to manage cookies and similar technologies that collect information related to your use of the application. Learn more from (i) the FTC
or (ii) the Digital Advertising Alliance opt-out page, which allows users to opt out from receiving interest-based advertising.
We are not responsible for the effectiveness or compliance of third party opt-out mechanisms or programs. Please note that if you delete your cookies or upgrade your browser after having opted out, you will need to opt out again. Further, if you use multiple browsers or devices you will need to opt out on each browser or device. You can access the information on this application without enabling cookies in your browser, but disabling cookies may result in a diminished ability to take advantage of the services and related informational content on the application.
We use web analytics and tag management services and tools provided by Google and other third parties to collect certain information relating to your use of this application. You can find out more about how Google uses data when you visit our application by visiting “How Google uses data when you use our application.”
Our Service Providers may acquire additional information about your activity on our application, including pages you visit, access times, visit duration, how you arrived at our application and your IP address. An IP address is a number that identifies a device connected to the Internet. For most devices, the IP address changes on at least a weekly basis. Our Service Providers may also acquire device identifiers and specific information about the browser you use. In some cases, this information may be unique to you.
How We Use This Information
We use the information you provide to operate and manage the application as described in more detail below, respond to user inquiries, or in other ways as required by law.
We may use your information to:
- Help us improve the services and content we offer
- Personalize your experience and inform you about the treatments/services in which you have indicated an interest
- Tailor digital advertisements on third-party applications based on your interactions on our application
- Improve our application offerings and send you information and updates
- Respond to your questions and requests and improve customer service
In some cases, third parties contracted by Mass General may have access to your information to perform a specific task, for example, tools used to monitor application use and performance.
MGH seeks to prevent unauthorized access to your personal information by use of security technologies to protect the integrity and privacy of any personal information you provide.
Although we endeavor to protect your personal information, MGH cannot and does not warrant the security of any information you transmit to us through online applications, and you do so at your own risk. Depending on the nature of the inquiry, your communication could be discarded or archived. If you wish, you can contact us instead by telephone at the numbers provided throughout our application.
Users in the European Economic Area (EEA) and Switzerland
EEA or Switzerland residents are entitled to the rights under Chapter III of the EU General Data Protection Regulation or Section 2 of the Swiss Federal Act on Data Protection with respect to the processing of personal data, which includes the right to access, rectify and request erasure of personal data. Please contact us at firstname.lastname@example.org with your request. In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.
Some sections of the MGH Heart App application may require login identifiers and/or passwords. You are responsible for taking reasonable steps to ensure that no unauthorized person has access to your password or account login information. It is your sole responsibility to control the use of login information and passwords, to authorize, monitor and control access to and use of your account and password and to inform The MGH Heart App promptly of any need to deactivate a password.
Changes to This Policy
Claims of Copyright Infringement. Digital Millennium Copyright Act Notice
We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or other activity taking place on our Site constitutes infringement of a work protected by copyright (each, a “Work”), then please notify us as follows:
Mass General Brigham Incorporated (formerly Partners HealthCare System, Inc.)
399 Revolution Drive
Somerville, MA 02145
Attn: William Glen Mitchell, Manager of Security Monitoring
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy”). If we determine that a user has violated our Repeat Infringer Policy, then we may take, in our sole discretion, any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and any other interim measures that we deem appropriate.