Realtime Smile Terms, Policies, & Conditions
Privacy Policy of REALTIME SMILE, LLC
Effective December 2020
Realtime Smile, LLC (“Realtime”) is a software company. Realtime owns and has developed a proprietary software communication system that connects potential patients interested in any form of dental health or the improvement of smiles with potential health care providers. This software utilizes communications solutions for customers, who are the health care providers. As such, customers of Realtime use this proprietary Realtime software as a tool to connect with potential patients or patients.
Realtime is compliant with federal and state laws pertaining to your privacy. Your name and e-mail address will be treated with the same care and privacy given your health records and will never be sold or leased by Realtime.
We will, and our Customers have agreed to, protect the privacy of your health information because it is the right thing to do. We will, and our Customers have agreed to, follow federal and state laws that govern your health information. We, and our Customers have agreed to, use your health information (and allow others to have it) only as permitted by federal and state laws. These laws give you certain rights regarding your health information.
We obtain and may hold data from you including your contact information, an audiovisual recording of you used to obtain services from a provider, the provider you may see using our system, and information used by the provider for treatment determinations. Should you wish to obtain data from us, you may do so. Should you wish to obtain data from your providers, you can get it directly from your provider (a Customer who uses our services). As such, you may (i) inspect and obtain a copy of this information from us, as long as we have that information, and through your provider, as allowed by law, usually within 30 days of your written request; (ii) request and receive a paper copy of our current Privacy Practices; (iii) require us to communicate with you using an alternate address or phone number; (iv) request in writing that restrictions be placed on how your health information is used or shared for treatment or other purposes; (v) request an accounting of when your identifiable health information is shared outside of Realtime for a purpose other than treatment or payment; (vi) receive notice if we or our business associates have breached the confidentiality of your health information; (vii) report a privacy concern and be assured that we will investigate your concern thoroughly, support you appropriately, and not retaliate against you in any way (you may report any privacy concerns to our company directly, or to the Office for Civil Rights, U.S. Department of Health and Human Services, Denver Office); or (viii) request in writing that your health information be amended if you think there is an error.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission. Such exceptions apply only to Realtime clients and would be shared only with Realtime partners handling Data Management or Accessibility options.
Additionally, your information may be shared under the following circumstances: It is necessary to provide information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law.
We do not collect personally identifiable information from our visitors other than what is supplied to us on a voluntary basis. When you register voluntarily, we ask for information such as your name, email address, etc.
Realtime uses collected information for the following general purposes: products and services provision, providing audiovisual recordings to providers, billing, identification and authentication, services improvement, contact, and research. Realtime shares your information with potential providers as approved by you, but it does not share your personal information with non-agent third parties, unless explicitly approved by you. If you use the Site without registration, the only information we collect will be non-personal information related to your IP address, web browser and operating system.
QUESTIONS
Any questions about this Privacy Policy should be addressed by mail: Realtime Smiles, LLC, 169 W 2710 S Circle, Suite 102, St. George, UT 84790.
USER TERMS & CONDITIONS for REALTIME SMILES, LLC
These Terms and Conditions constitute the agreement between Realtime Smiles, LLC (“Realtime” or “Provider”) and the User, as defined herein, (“Agreement”), are effective as of December 1, 2020 (“Effective Date”), and are as follows:- Service. Realtime is a software company. Realtime owns and has developed a proprietary software communication system that connects potential patients interested in any form of dental health or the improvement of smiles with potential health care providers. This software utilizes communications solutions for customers, who are the health care providers. As such, customers of Realtime use this proprietary Realtime software as a tool to connect with potential patients. This Agreement dated as of the Effective Date, governs the use by User of the following services provided by Realtime: (a) use of Realtime’s proprietary software communications system (“SaaS” of Software as a Service); and (b) all related technology that is or may be used by User in connection with SaaS. All of these services, including SaaS, are collectively described in this Agreement as “Services”.
- Users. Only potential patients or patients of a paying Customer may utilize the Services. Potential patients are interested in how to improve their smile with potential health care providers using the Services. The Services are free to potential patients, but health care providers (each a “Customer”) must purchase a subscription for use by their authorized users. If you are either a potential patient using the Services on your own or an authorized user accessing the Services pursuant to a Customer’s purchased subscription rights, you are a “User” and subject to this User Agreement. This User Agreement is a legally binding contract between Realtime and you, the prospective user reading these words.
- Acceptance and Modification to this User Agreement. By accessing or using the Services, or by clicking to accept or agree to the User Agreement when this option is made available, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound and abide by the User Agreement, which include our Privacy Policy, incorporated herein by reference. If you do not wish to agree to the User Agreement or the Privacy Policy, you must not access or use the Services. The Services are offered and available to users who are eighteen (18) years of age or older or as approved by a parent/guardian of individuals who are younger than eighteen (18) years of age. By using the Services you represent and warrant that you are of legal age to form a binding contract with Realtime or that you are doing so on behalf of someone for whom you are a parent or guardian. Also, please note that we may revise and update this User Agreement from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of changes means that you accept and agree to the changes. It is your responsibility to check this User Agreement periodically for changes, as these changes are binding on you.
- Use of Services. The Services are provided subject to the condition that they will be used by User only for lawful purposes and User hereby represents and warrants that it shall not (i) use the Services in any manner that would result in a violation of any applicable law, rule or regulation, (ii) permit or authorize third parties to use or access the Services, (iii) circumvent or disable any security or other technological features or measures of the Services, (iv) use or provide any data or information obtained through or via the Services to or for any third party; (v) copy, reproduce, modify, translate, prepare derivative works of, de-compile, reverse engineer, disassemble, appropriate, misappropriate or otherwise attempt to derive source code associated with the Services; (vi) use, evaluate or view the Services for the purpose of designing, copying, mimicking or creating any environment, program, or infrastructure, which performs functions similar to the Services; and, (vii) attempt to gain unauthorized access to the Services or its related systems, platform, or networks. Realtime reserves the right to discontinue service if in the opinion of Realtime the product is being used in an unacceptable or inappropriate manner.
- Privacy Policy. Realtime values your privacy and understand your privacy concerns. Please review our Privacy Policy, which also governs your access to and use of the Services, so that you may understand our privacy practices. All information we collect is subject to Realtime’s Privacy Policy, and by using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Realtime may be transferred to the United States and/or other countries for storage, processing and use by Realtime to provide the Services.
- User acknowledges that all right, title and interest in and to the Services shall be and remain with Realtime. As part of its use of the Services, Users access the communications services via the internet to the web-based SaaS. The proprietary software system or Services collects audiovisual data and contact information for the User. When a User, submits any content or information to the Services (“Client Data”), you acknowledge and agree that the Client Data is owned by Realtime and will be used to locate a provider for User. If a Customer of Realtime has invited you to use the Services, your access and use of the Services is controlled by the Customer and that Customer has agreed to a separate Agreement for that Customer and the use of Client Data.
- Personal Information. User acknowledge that there may be Personal Information disclosed to, collected by, or acquired by, Realtime through performance of the Services, all of which Data is owned by the Customer. User agrees that both Realtime and its Customers take responsibility to comply with The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and that any and all Customer Data and Customer Communication Recording Data shall be managed, used, and held by Customer in compliance with HIPAA.
- Termination by Realtime. Realtime may terminate this Agreement or suspend Services for any of the following reasons which may impact User: (a) it is learned that the User has provided false or misleading information; (b) failure by User to properly use the Services; or (g) a breach of this Agreement by User. If Realtime terminates this Agreement for the reasons stated in this paragraph, then it shall be considered termination “for cause”.
- Limitation of Liability. REALTIME SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, GOODWILL, GENERAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER AS A RESULT OF SERVICES PROVIDED BY REALTIME. Realtime’s sole liability under this Agreement shall be for interruption of SaaS. Realtime’s total liability hereunder shall be limited to negligence only. Realtime shall not be liable for any interruption caused by the negligence or willful act or omission of Customer or User, interruption caused by third-parties, or any interruption caused the third-party furnishing internet to the Customer or User. The disclaimer contained in this Section will not apply to the extent prohibited by law. REALTIME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE ANY PROFESSIONAL SERVICES FROM A PROVIDER OR ANY RELATED COMPONENTS AND INFORMATION FROM SAID PROVIDER, ALL OF WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER ACKNOWLEDGES THAT REALTIME DOES NOT WARRANT THAT THE PROFESSIONAL SERVICES OF ANY PROVIDER WILL BE TIMELY OR ERROR-FREE AND ANY DAMAGES OR FAULT CAUSED BY PROVIDERS SHALL BE THE SOLE AND EXCLUSIVE RESPONSIBILITY OF SAID PROVIDERS. In addition to the foregoing, to the maximum extent permitted by law, neither Realtime nor any of its affiliated companies, employees, agents, consultants, contractors, members, or managers (“Realtime Affiliates”) shall be cumulatively liable for any damages in excess of the greater of either $10 USD or the total amount paid by User to Realtime during the six-month period preceding the event giving rise to the alleged liability. This limitation of liability shall apply regardless of whether (1) User bases its claim on contract, tort, statute or any other legal theory, (2) Realtime knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose. This monetary limitation of liability does not apply to intentional torts or as otherwise mandated by applicable law that cannot be disclaimed from in this User Agreement.
- User acknowledges that Customer has agreed to indemnify and hold Realtime and its Affiliates and their shareholders, directors, officers, employees and agents (each, an “Indemnified Person”) harmless from, and, at Realtime’s option, defend each Indemnified Person against, any claims, suits, proceedings, losses, liabilities, damages, costs, and expenses related to this Agreement.
- Disclaimer of Warranties. The User acknowledges that complex software is never wholly free from defects, errors, bugs, or security vulnerabilities and therefore User acknowledges that the Services are not wholly free from defects, errors, bugs, or security vulnerabilities. As such, REALTIME MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ANY GOODS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REPRESENTATIONS, TITLE OR NON-INFRINGEMENT, SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED BY REALTIME. REALTIME MAKES NO REPRESENTATIONS, CONDITIONS OR GUARANTEES AS TO MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES REGARDING ANY SERVICES, FACILITIES OR PRODUCTS PROVIDED BY REALTIME TO CUSTOMER WHETHER EXPRESS OR IMPLIED IN LAW OR IN FACT. The disclaimer contained in this Section will not apply to the extent prohibited by law.
- Force Majeure. No delay or failure by the parties hereto in the performance of any obligation of this Agreement shall be deemed a breach of this agreement nor create a liability, if the same shall arise by reason of any cause beyond the reasonable control of the affected party, including, but not limited to, labor disputes, strikes, riots, terrorism, accident, utility failures, government regulations, fire, or acts of God, provided that the party so affected shall use its diligent, commercially reasonable efforts to avoid or remove such cause of nonperformance and shall continue performance hereunder as soon as practicable, and provided further that Client shall be entitled to suspend payments during any such period of nonperformance by Company. In the event such cause occurs and exceeds thirty (30) calendar days, the party whose performance is not affected by such cause may cancel this agreement or any particular placement upon written notice and without further liability, other than the payment of any monies due a party hereunder.
- Arbitration. Both Parties acknowledge and agree that all disputes between User and Realtime shall one subject to arbitration and shall be settled and determined by an arbitration before a panel of one (1) arbitrator in Washington County, Utah according to the Utah Uniform Arbitration Act, U.C.A. § 78B-11-101 et seq. and that the laws of the State of Utah apply to this Agreement.
- General Provisions Under this Agreement. User hereby warrants that it has authority to enter into this Agreement. No amendment or modification of this Agreement shall be valid or binding on the parties unless made in writing and signed on behalf of each of the parties by their respective duly authorized representatives. Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof. A party may waive any right under this Agreement only by written waiver duly signed by such party, and no failure to exercise or delay in exercising a right under this Agreement shall constitute a waiver of such right. Any waiver of a term of this Agreement shall not constitute a future waiver of any other term of this Agreement. This Agreement shall be governed by the laws of the State of Utah. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may not be assigned by either party without the prior written consent of the other. If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect and the parties shall promptly negotiate to replace invalid or unenforceable portions that are essential parts of this Agreement. All notices under this Agreement shall be in writing and either mailed or sent by facsimile to each party at the address set forth on Realtime’s webpage. There are no third-party beneficiaries under this Agreement. The respective obligations of the parties to this Agreement, which by their nature would continue beyond the termination or expiration of this Agreement, including but not limited to the obligations regarding confidentiality, publicity and proprietary information, and limitations on liability, shall survive termination or expiration of this Agreement. The parties to this Agreement are independent contractors. Neither party will be deemed to be or hold itself out as a partner, joint venturer or agent of the other party. This is a non-exclusive arrangement.
- Potential Patients. If you are a potential patient, this User Agreement remains in effect until you elect to close your account Realtime terminates your account and Realtime may terminate your account at any time, without notice. You may terminate your account by contacting Realtime.
- Entire Agreement. This Agreement and Addendums hereto constitutes the entire Agreement between the parties with respect to the Services described in this Agreement. This Agreement supersedes all prior agreements, proposals, representations, statements or understandings, other business dealings or negotiations, offers and counter-offers, whether written or oral, or the rights and obligations relating to the services described in this Agreement. This Agreement shall not be contradicted, or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or other documents not expressly set forth in this Agreement.