Terms of Use
Last updated: January 11, 2022
Acceptance of the Terms of Use
These terms of use are entered into by and between you and The Humanity 2.0 Foundation Inc. d/b/a Humans are Good ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use") govern your access to and use of applications or websites we control, including any content, functionality, and services offered on or through the “humansaregood.org” website (the "Sites”) and any services provided on the Sites as the services are intended to be used (the “Services”).
Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at https://humansaregood.org/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Sites and/or the Services.
Please note that these Terms of Use contain important information regarding your legal rights, remedies, and obligations, including a clause that governs jurisdiction and venue of disputes, and an arbitration clause and class action waiver. By accepting these Terms of Use, you agree to be bound by this Arbitration provision or you may opt out by following the instructions in the “Arbitration, Jurisdiction, and Governing Law” section.
The Sites are offered and available to users who are at least 16 years of age. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites and/or Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Sites thereafter.
Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Sites so you are aware of any changes, as they are binding on you.
The Services
While we hope the Services are beneficial to you, you understand, agree, and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND WE CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE SERVICES NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED SERVICES. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SERVICES.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICES AND/OR SITES. THE SERVICES AND THE SITES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Accessing the Sites/Services and Account Security
We reserve the right to withdraw or amend the Sites, and any Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites/Services, or the entire Sites/Services, to users, including registered users.
You are responsible for both:
• Making all arrangements necessary for you to have access to the Sites/Services.
• Ensuring that all persons who access the Sites/Services are aware of these Terms of Use and comply with them.
To access the Sites/Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites/Services that all the information you provide to the Sites/Services is correct, current, and complete. You agree that all information you provide to register with these Sites/Services or otherwise, including, but not limited to, through the use of any interactive features on the Sites/Services, is governed by our Privacy Notice and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites/Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Sites/Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use prohibit you from commercializing any of our intellectual property or any information or software associated with the Company, except with the prior express written permission of us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites/Services, except as follows:
• Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may share your personal logs from the Sites/Services with a therapist, coach, or medical professional.
You must not:
• Modify copies of any materials from the Sites/Services.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites/Services in breach of the Terms of Use, your right to use the Sites/Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites/Services or any content on the Sites/Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites/Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
User Affirmations
By using the Sites and Services, you represent, warrant, and agree to the following:
• You are at least 16 years of age.
• You are solely responsible for compliance with any and all laws, rules, regulations, or obligations that may apply to your use of the Sites and Services or any products or services associated with it.
• All information you submit to the Sites and Services is true and accurate to the best of your knowledge
Prohibited Uses
You may use the Sites and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites and Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm other users of the Sites in any way by exposing them to inappropriate content, beaching any confidentiality obligations with regards to information shared on the Sites and/or Services or by users of the Sites and/or Services, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites and/or Services, or expose them to liability.
• To, directly or indirectly, (a) reverse engineer or reconfigure any of the Sites’ components or any of its elements, (b) modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to (i) to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms, or (ii) to derive the source code or the underlying ideas, algorithms, structure, or organization of the Sites or its components, and (c) alter, adapt, modify, or translate the Sites in any way for any purpose.
Additionally, you agree not to:
• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Sites.
Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Confidentiality and Confidential Information
You and the Company agree not to use any Confidential Information except in furtherance of the Services offered on the Sites. You and the Company shall not disclose the other party’s Confidential Information to any person or entity other than its officers, employees, consultants and legal advisors who need access to such Confidential Information in order to further the Services on the Sites and who are informed of the obligation to keep such disclosure in confidence, and each party shall be responsible to ensure that its officers, employees, consultants and legal advisors comply with the restrictions set forth herein. You and the Company also agree to take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, You and the Company shall take at least those measures that it takes to protect its own most highly confidential information but in no circumstances less than commercially reasonable care. You and the Company may not make any copies of the Confidential Information except as appropriate to perform its obligations on the Sites and/or Services.
As used herein “Confidential Information” means any information reasonably understood to be confidential disclosed by you or from other users of the Sites in furtherance of the Services, including outside of the Sites, as well as any other information that would reasonably be understood to be confidential, either directly or indirectly, including without limitation, any medical information, health information, personally identifiable information, and any information discussed in confidential groups with other users of the Services. Except as related to personally identifiable information, health information and medical information, Confidential Information will not, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.
User Contributions
The Sites may have interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit (collectively “transmit”) content or materials (collectively, "User Contributions") on or through the Sites.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
By providing any User Contribution on the Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material to perform services you request on the Sites and for our internal purposes.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions transmitted by you or any other user of the Sites.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to transmit any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material transmitted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone transmitting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is transmitted on the Sites and cannot ensure prompt removal of objectionable material after it has been transmitted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Changes to the Sites
We may update the content on the Sites and/or Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Sites and/or Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Sites
All information we collect on the Sites is subject to our Privacy Notice. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Links from the Sites
To the extent the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The Sites are based in the United States. We make no claims that the Sites or any of its content are accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM:
● The content you provide (directly or indirectly) on the Sites and/or Services;
● The content you see (directly or indirectly) on the Sites and/or Services;
● Your use of or your inability to use the Sites and/or Services;
● Delays or disruptions of the Sites and/or Services;
● The content, actions, or inactions of third parties;
● Your need to modify practices, content, or behavior as a result of changes to the Sites and/or Services or changes to our policies or this Terms of Use
● Impermissible use of Confidential Information; and
● Any dispute between you and other users of the Sites and/or Services.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, OR PROVISION OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, or successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your user contributions, any use of the Sites' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.
Arbitration, Jurisdiction, and Governing Law
Except for IP Claims (as defined below), all disputes arising from these Terms of Use or use of the Sites and/or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination shall be settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying Florida law. The arbitration process, procedure, time frame, decision making process, and fees will be as solely set forth in the Commercial Arbitration Rules.
All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) related to the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (each, an “IP Claim”) shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any IP Claim shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Sebastian and County of Sebastian, although we retain the right to bring any suit, action, or proceeding against you for an IP Claim in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS ARBITRATION SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.
You may opt-out of this arbitration and class action and/or jury trial waiver provision by notifying us in writing within 30 days of the date you first used the Sites or any related services. To opt-out, you must send a written notification to The Humanity 2.0 Foundation Inc. d/b/a Humans are Good, 9611 N US HWY 1, #299, Sebastian FL 32958 that includes (a) your account username (if applicable), (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action and/or jury trial waiver provisions. Alternatively, or in addition, you may send this written notification to support@humansaregood.org.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and The Humanity 2.0 Foundation Inc. d/b/a Humans are Good regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites and Services.
Your Comments and Concerns
This application is operated by The Humanity 2.0 Foundation d/b/a Humans are Good.
All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to support@humansaregood.org.
Mobile Application End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you"), The Humanity 2.0 Foundation Inc. d/b/a Humans are Good (the “Foundation”), and Humanity 2.0 LLC (the “LLC”, with the Foundation the, "Company"). This Agreement governs your use of the Humans Are Good mobile application, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.
By clicking the "agree" button and by downloading, installing, or using the application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are 18 years of age or older; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not click agree, download, install, or use the application and delete it from your mobile device.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS, IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE APPLICATION AND ANY SERVICES OFFERED BY COMPANY ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND WE CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE APPLICATION AND ANY SERVICES OFFERED BY COMPANY ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED SERVICES. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE APPLICATION OR THE SERVICES.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE APPLICATION OR ANY SERVICES OFFERED BY COMPANY. THE APPLICATION AND THE SERVICES OFFERED BY COMPANY ARE NOT A SUBSTITUTE FOR MEDICAL TREATMENT FROM A TRAINED, QUALIFIED PROFESSIONAL AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, share, or otherwise make available the Application, or any features or functionality of the Application (including without limitation any research methods, contents or forms of Group Discussions as defined herein, or any identifying information of any other Application user whatsoever), to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself (all provided information “User Information”) as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All User Information we collect through or in connection with this Application is subject to our Privacy Policy https://humansaregood.org/app-terms-conditions#privacy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services. The Application may provide you with access to Company's website located at “humansaregood.org” (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at https://humansaregood.org/app-terms-conditions#terms and https://humansaregood.org/app-terms-conditions#privacy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
6. Group Sessions. As part of the Content and Services, the Application provides access to group discussions about mental health both in general and as it relates to the specific individuals who participate in our discussions (“Group Discussions”). Group Discussions may begin with a specific theme but can be wide-ranging and touch on other topics that participants want to discuss. Group Discussions might sometimes touch on sensitive, personal, or uncomfortable subjects, and Company wants to make sure that you understand and are comfortable with how any feelings you share during group discussions might be used.
(a) The Foundation will have a “note-taker” to keep a record at every Group Discussion. This note-taker will share their notes with Company, which might at times share your information internally for the purposes of better providing you with Content and Services. You may also request, and Company will provide, a written copy of the notes for any session that you participate in. Company will not release any information about your participation in the Group Discussion to anyone outside of Company except as required by law, such as in the following situations:
(i) If you direct us to do so and have signed and returned to us copies of the HIPAA Compliant Authorizations for Release that are contained on the following pages.
(ii) When doing so is necessary to protect you or someone else from imminent physical and/or life-threatening harm.
(iii) When abuse, neglect, or exploitation of a child, elder adult, or dependent adult is suspected.
(iv) When you pursue civil or criminal legal action against the Foundation or its staff.
(v) When you are involved in a legal proceeding and there is a court order for the release of your records.
(b) Company will make efforts to ensure that none of your fellow group members share any information they learn about you from the group discussions with others but cannot guarantee that your other group members will keep this information confidential.
7. Group Session Responsibilities. In order to participate in Group Discussions, you must follow certain rules, including:
(a) You agree not to share anything you learn about your fellow group members with anyone outside of the group, and you must agree that you will be removed from the group if you are found to have shared any such information.
(b) You agree to Company’s note-taker being present at the meeting.
(c) You agree to bring an open mind to each Group Discussion.
8. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with all applicable laws of the accessing jurisdiction.
9. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
11. Term and Termination.
(a) The term of Agreement commences when you download or install the Application and will continue in effect until terminated by you or Company as set forth in this Section 11.
(b) Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(c) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(d) Termination will not limit any of Company's rights or remedies at law or in equity.
12. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including actual attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
15. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the city and county of Sebastian. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement, the HIPPA Compliant Authorizations for Release of Information, the Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
HIPAA COMPLIANT AUTHORIZATION FOR RELEASE OF INFORMATION
PURSUANT TO 45 CFR 165.508
TO: The Humanity 2.0 Foundation Inc.
9611 N US HWY 1, #299
Sebastian, FL 32958
RE: Name: Date of Birth:
I hereby authorize The Humanity 2.0 Foundation Inc., its agents, and its representatives (the “Company”) to disclose to Humanity 2.0 LLC, all of the protected information that I disclose to the Company during my use of the Application or participation in the services provided by the Company for the purposes of research, clinical studies, developing new products and services, refining the services the Company and Humanity 2.0 LLC may provide, and producing a better user experience.
My protected health information which may be disclosed pursuant to this authorization includes, without limitation, all individually identifiable health information and medical records regarding any past, present, or future medical or mental health condition, including all information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted diseases, mental illness, and drug or alcohol abuse.
I understand the following: See CFR §164.508(c)(2)(i-iii)
a. I have a right to revoke this authorization in writing at any time, except to the extent information has been released in reliance upon this authorization.
b. The information released in response to this authorization may be re-disclosed to other parties.
c. My treatment or payment for my treatment cannot be conditioned on the signing of this authorization.
I hereby release the Company and Humanity 2.0 LLC from all liability that may result from disclosing my individually identifiable health information and other medical records.
Any facsimile, copy or photocopy of the authorization shall authorize the Company to release the protected information identified herein. This authorization shall be in force and effect until two years from date of execution at which time this authorization expires.
BY SIGNING below, you acknowledge that you are at least eighteen years old, capable of signing this release, understand the terms of this release, and agree to the terms of this release.
Signature Date
HIPAA COMPLIANT AUTHORIZATION FOR RELEASE OF PSYCHOTHERAPY NOTES PURSUANT TO 45 CFR 165.508
TO: The Humanity 2.0 Foundation Inc.
9611 N US HWY 1, #299
Sebastian, FL 32958
RE: Name: Date of Birth:
I hereby authorize The Humanity 2.0 Foundation Inc., its agents, and its representatives (the “Company”) to disclose to Humanity 2.0 LLC, all notes which are recorded in any manner by a mental health professional documenting or analyzing the contents of conversations during private, group, joint, or family counseling sessions which are kept separately from my medical records during my participation in services provided by the Company for the purposes of research, clinical studies, developing new products and services, refining the services the Company and Humanity 2.0 LLC may provide, and producing a better user experience.
I understand the following: See CFR §164.508(c)(2)(i-iii)
a. I have a right to revoke this authorization in writing at any time, except to the extent information has been released in reliance upon this authorization.
b. The information released in response to this authorization may be re-disclosed to other parties.
c. My treatment or payment for my treatment cannot be conditioned on the signing of this authorization.
I hereby release the Company and Humanity 2.0 LLC from all liability that may result from disclosing my individually identifiable health information and other medical records.
Any facsimile, copy or photocopy of the authorization shall authorize the Company to release the protected information identified herein. This authorization shall be in force and effect until two years from date of execution at which time this authorization expires.
BY SIGNING below, you acknowledge that you are at least eighteen years old, capable of signing this release, understand the terms of this release, and agree to the terms of this release.
Signature Date
Privacy Notice
Last updated: January 11, 2022
PLEASE READ THIS PRIVACY NOTICE CAREFULLY.
The Humanity 2.0 Foundation Inc. d/b/a Humans are Good as well as any present or future affiliated or related company (collectively, “Company.”, “we”, “us”, or “our”) respects your privacy as a user (“User,” “you,” or “your”) and is committed to protecting your Personal Data (as defined below) and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at support@humansaregood.org
We take your privacy very seriously. This Privacy Notice tells you what information we collect, how we use it, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important.
This Privacy Notice applies to all information collected through our website including the “humansaregood.org” website and any related websites or applications which we own or control (collectively, the “Sites”), and/or any related services, products, software, tool, data feed, sales, marketing, or events we perform (collectively, the "Services"). This Privacy Notice does not apply to any non-affiliated third-party sites or services.
By using the Sites and/or Services, you understand and agree to the terms of this Privacy Notice.
DO WE MAKE UPDATES TO THIS PRIVACY NOTICE?
In Short: Yes, we will update this notice as we deem necessary.
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated “Last updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are collecting and processing your information.
SUMMARY
● Depending on the situation, we may be the organization responsible for all your information that is collected and used related to your Personal Data or the organization that processes data on behest of the data controller.
● We collect Personal Data from you and from third parties when you use our Services and/or visit the Sites.
● We will use your Personal Data for our business purposes, including providing our Services to you, and, with your consent, to provide promotional and marketing materials.
● We share your information with third parties that provide certain products or services to help us fulfill the Services you request from us, with our corporate affiliates, and with your consent, to other third parties for the purposes we obtained your consent for.
● We use appropriate safeguards to protect your Personal Data.
1. WHAT IS PERSONAL DATA AND WHO IS RESPONSIBLE FOR IT?
Depending on the situation, we may be the “data controller” (i.e. the organization responsible for all Personal Data that is collected and used related to you) or the “data processor” (i.e. the organization that processes the data on behest of the data controller for the purposes of data privacy laws, principles, and regulations which may apply to you (collectively, "Data Privacy Law"). "Personal Data" means personally identifiable information about you, and includes any information or opinion relating to you which allows us to identify you, such as your name, email address, and details of Services you have used. Where applicable, Personal Data includes “personal data”, “personal information” and/or “sensitive personal information”, each as defined in applicable Data Privacy Laws.
2. WHAT PERSONAL DATA DO WE COLLECT?
In Short: We collect Personal Data in connection with the Services, including information you give us when you use Services or visit the Sites.
We collect Personal Data in a variety of ways. When you use the Sites and/or Services, we may ask for or you may provide information including:
● first and last name, and email address;
● other information necessary for the performance of the Services (such as information regarding your current health, information on your emotional experience, and information regarding your experience with the Services);
● information you provide about yourself and any preferences when using the Services (such as optional information regarding feedback of the Services or other services you are using in conjunction with the Services);
● information required for payment or billing;
● information about your use of the Sites and/or Services; and
● communications with us or directed to us, or to other using the Services via the Services and/or the Sites.
We may also collect your Personal Data from third parties, including our corporate affiliates and third party sites that connect to our Sites and/or Services (collectively, “Third Party Services”). We may collect any Personal Data you give to us or to our service providers through the Third-Party Services, including Personal Data given so that we may perform the Services. Additionally, if you use a Third-Party Service account to connect to our Sites and/or Services, we may also collect certain account information you authorize us to collect. Information collected by third party devices or on other sites and services is subject to the privacy policy and practices of the third party providing such site or services and not subject to this Privacy Notice. Please consult the privacy policies of any third party with which you share information in this manner to learn about the third party’s data practices.
Additionally, during your access and usage of the Sites, we may collect usage Personal Data from you. This may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Sensitive personal details including about your social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership may be considered “sensitive personal data” under applicable Data Privacy Law. We may collect health information required to provide the Services. Otherwise, we ask that you not send us, and you do not disclose any sensitive personal data on the Sites or through the Services or otherwise. We will process the sensitive personal data in compliance with applicable Data Privacy Law.
You may always choose not to provide personally identifiable information, but if you do so, certain parts of the Sites and/or Services may not be available to you. If you have used the Sites and/or Services, you will have agreed to let use the Personal Data you provided us in order to access the Services.
3. HOW DO WE USE YOUR PERSONAL DATA?
In Short: We process your Personal Data for purposes based on your request, to run the Sites and provide our Services, and to achieve certain essential operations.
We may use your Personal Data to provide you with access or service to the Sites and/or Services you request. This may include:
● To run our organization;
● To operate, maintain, and improve the Sites and/or Services;
● To manage your account, including to communicate with you
● To respond to your comments and questions and to provide customer service
● To send information including technical notices, updates, security alerts;
● With your consent, to send you including marketing communications and news concerning our products, services, events, and other promotions. You can opt-out at any time – the marketing emails will tell you how to opt-out or you may contact us at support@humansaregood.org. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails; and
● To improve our Services and/or Sites.
We may also use information we collect for necessary or essential purposes including complying with applicable law and legal processes, detecting and investigating security events, facilitating functionality to our Sites, enforcing the terms of any promotion or giveaway that we run, protecting our rights, and pursuing available remedies for damages we obtain.
We may also use and store Personal Data you provide to us in an aggregated and anonymized form so that it is not associated with individuals and does not include personal information. We may use or share information in an anonymized and aggregated manner for many purposes such as research, analysis, modeling, marketing, and advertising, as well as improving our Sites and Services.
We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Privacy Law.
4. WHO DO WE SHARE YOUR INFORMATION WITH?
In Short: We share your information with your consent, to comply with laws, or to provide you with the Services. We may also share your information with any purchaser of our Company or with our corporate affiliates.
We share your information with our personnel and within our Company to provide you with the Services and in a manner consistent with this Privacy Notice. This includes other companies and members of the Company, other companies, contractors or agents that assist us in providing Services, government authorities, law enforcement bodies, and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law, and other legal and professional advisers in order to enforce our rights in relation to our relationship with you. We also share your Personal Data with our corporate affiliates or any other entity which we share common ownership.
We may also transfer your Personal Data to potential buyers in the event that we sell or transfer all of a part of our business or assets (including in the event of a reorganization or dissolution/liquidation), under strict non-disclosure restrictions, and solely in order to allow a buyer to determine whether to proceed with the transaction, or where such a determination is made, to complete it.
As applicable, we will limit sharing of your information in accordance with the choices you have provided us. We will not share your Personal Data with any other third parties without your consent, including to third parties not required for us to perform the Services. If we share your Personal Data for any reasons not described in this Privacy Notice, we will inform you before sharing your Personal Data.
5. IS YOUR PERSONAL DATA TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other than your own. You should not access our Sites if you do not agree to the transfer of your data internationally.
To provide the Services, your Personal Data may be transferred to multiple jurisdictions, some of which are not located in your country of residence. The Personal Data that we collect from users will be stored in the United States of America and might also be stored or processed through third-party service providers in other countries. Therefore, the Personal Data that you provide to us may be transferred internationally to countries other than the country in which you initially provided your data.
When transferring Personal Data to a third-party service provider, or outside of your home country, we take measures to protect your Personal Data as described in this Privacy Notice and in compliance with applicable Data Privacy Law. Using contractual and other means, we also require all third-party data recipients (including our service providers) to process your information in a secure manner and in accordance with the applicable Data Privacy Law in your country of residence. However, when stored or processed in another country, your Personal Data will be subject to the applicable Data Privacy Law of that country, which may not provide the same protections as the applicable Data Privacy Law in your country of residence. If you have further questions about this or would like to request to view copies of the applicable safeguards (where required), please contact us
6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGY?
In Short: Yes, we may use cookies and similar technology to collect information about you and provide the Services to you. However, you may opt out of non-necessary cookies on our Sites.
When you visit the Sites and/or Services, open up electronic communication from us, or interact with us on social media platforms, we may also automatically collect information about you by automated means. In some instances, we may also allow third parties to collect information about you through automated means. Some of these technologies include:
Cookies: Cookies are small text files that websites send to internet connected devices to make your user experience more efficient. Some cookies may exist for a single session and some are persistent for multiple sessions. Some cookies are strictly necessary for the operation of these Sites and some are optional. We may also use cookies that are managed by third parties for the purposes explained in this Privacy Notice.
Web server logs: Our web servers may collect information on your usage details of your device, including your IP address, operating system, and Sites’ usage.
Web beacons, pixels, software: We may place items on our Sites or in our electronic communications called “web beacons” or “pixels”. These items help link web pages to particular web servers and their cookies to help us understand our Sites’ traffic. These items may be used to track the pages you view, links that you click, time spent on a page, and other online behavior.
Other: We may use other technology to collect information for the purposes described in this Privacy Notice. These technologies may permit collection of data elements such as browser type, operating system type, IP address, activities conducted on our Sites, and the time and day of your visit. If you visit our website from a mobile device, we collect mobile device information such as data previously mentioned and your location information.
Most web browsers offer settings that allow you disable or delete cookies and other tracking technology. However, if you restrict, disable, or delete cookies, you may not be able to fully use our Sites and/or Services. If you make this change after you have visited our Sites, you may have to manually delete existing cookies from your electronic device.
Our Sites and/or Services may also contain embedded plug-ins, widgets, pixels, or other programming associated with third parties, including external social media platforms. When you encounter these embedded objects, your web browser may establish a direct connection to the third-party services, and in doing so, share information such as your behavior while browsing our Sites, your public profile, and content you have shared.
We do not currently respond to Do Not Track browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.
7. HOW LONG DO WE KEEP YOUR PERSONAL DATA?
In Short: We keep your Personal data for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.
We will only keep your Personal Data for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
8. HOW DO WE KEEP YOUR PERSONAL DATA SAFE?
In Short: We aim to protect your Personal Data through a system of organizational, physical, and technical security measures.
We have implemented accepted industry standards to help protect your Personal Data. This includes organizational, physical, and technical organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee absolute security. Although we will do our best to protect your Personal Data, transmission of Personal Data to and from our Services is at your own risk. You should only access the Sites and the Services within a secure environment. If you have reason to believe that your Personal Data or any interaction with us is no longer secure, please immediately notify us of the problem at support@humansaregood.org.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your Personal Data.
9. DO WE COLLECT PERSONAL DATA FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 16 years of age absent verifiable consent of legal parent or guardian.
We do not knowingly solicit data from or market to children under 16 years of age. By using the Services, you represent that you are at least 16. If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 16, please contact us at support@humansaregood.org
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may exercise rights regarding access, correction, or request regarding your health information. You may also reject or remove cookies and other tracking technology, as your browsers permits. Also, to the extent you have subscribed to marketing and promotional communications, you may unsubscribe at any time.
With regard to your health information contained in your Personal Data, you may:
· Obtain an electronic or paper copy of your health information;
· Ask us to correct your health information;
· Request a copy of confidential communications;
· Ask us to limit what we use or share;
· Obtain a list of those with whom we’ve shared your health information; and
· Obtain a copy of this privacy notice.
Please contact us at support@humansaregood.org to exercise any of your aforementioned rights.
Most browsers let your remove or reject cookies. To do this, follow the instructions in your browser settings. You may also reject any non-necessary cookies by using our cookie tool, available when you first access the Sites. Your browser may also allow you to clear your browser web storage
To the extent that you have subscribed to any marketing and promotional communication, you may unsubscribe at any time from our marketing and promotional communications by following the opt-out instructions in the communication. If you would like to unsubscribe from all marketing or promotional communications, please contact us at support@humansaregood.org. We will do our best to respond promptly to any request. You may re-subscribe or sign up for new marketing or promotional communications by signing up to receive them again.
11. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.humansaregood.org/app-terms-conditions#ccpa
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at support@humansaregood.org or by post to:
The Humanity 2.0 Foundation Inc.
9611 N US HWY 1, #299, Sebastian FL 32958
United States
Attn: Privacy
Privacy Notice for California Residents
Effective Date: January 11, 2022
Last Reviewed on: January 11, 2022
This Privacy Notice for California Residents supplements the information contained in the Company’s Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.
This Privacy Notice applies to all information collected through our website including the “humansaregood.org” website and any related websites or applications which we own or control (collectively, the “Sites”), and/or any related services, products, software, tool, data feed, sales, marketing, or events we perform (collectively, the "Services"). This Privacy Notice does not apply to any non-affiliated third-party sites or services.
Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some its requirements.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
· Publicly available information from government records.
· Deidentified or aggregated consumer information.
· Information excluded from the CCPA's scope, like:
· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:
Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES
We obtain the categories of personal information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete or products and services you purchase.
· Indirectly from you. For example, from observing your actions on our Sites.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
· To fulfill or meet the reason you provided the information. For example, if you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information for future use.
· To provide, support, personalize, and develop our Sites, products, and Services.
· To create, maintain, customize, and secure your account with us and to provide experiential and custom products in collaboration with our affiliates.
· To process your requests, purchases, transactions, and payments.
· To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your experience on our Sites and to deliver content, products, and Services relevant to your interests, including targeted offers and ads through our Sites, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Sites, products, Services, databases and other technology assets, and business.
· For testing, research, analysis, and product development, including to develop and improve our Sites, products, and Services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sale of Personal Information
We may sell and disclose your personal information to a third party for a business purpose. When we sell and disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has sold and disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C. Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E. Biometric information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category K: Inferences drawn from other personal information.
We sell and disclose your personal information for a business purpose to the following categories of third parties:
· Service providers.
· Data aggregators.
· Affiliates
Reselling Personal Information
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses purchase personal information from us and may resell that information. To opt-out of those sales, please visit that business's opt-out notice at link provided below.
Humanity 2.0 LLC: support@humansaregood.org
Deidentified Patient Information
We do sell and/or disclose deidentified patient information exempt from the CCPA to third parties. To deidentify the patient information, we followed the HIPAA expert determination method and/or the HIPAA safe harbor method.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
· sales, identifying the personal information categories that each category of recipient purchased; and
· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at support@humansaregood.org.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing us at support@humansaregood.org with the title "Do Not Sell My Personal Information".
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing such request to support@humansaregood.org.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@humansaregood.org.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Sites and update the notice's effective date. Your continued use of our Sites and/or Services following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which the Company collects and uses your information described here and in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at support@humansaregood.org.