Privacy Policy

Effective as of November 18, 2022

For any questions, requests, or complaints regarding privacy, please contact us at: [email protected]

This privacy policy (this "Privacy Policy") explains the privacy practices of BAD BANANA SOFTWARE LLC, a corporation incorporated pursuant to the laws of VIRGINIA ("FILEWORKS", "we", "us" or "our") that apply to (i) the access and use of the myFileWorks.com website and any related sub-domains which we operate (the "Website"), (ii) our mobile applications (collectively, the "Applications") and (iii) the provision by FILEWORKS of services in connection the Applications and the Websites (the "Services"). Any Personal Information (as defined below) you provide to us while using the Website, Applications or Services will be treated with care, and subject to this Policy, will not be used or disclosed in ways to which you have not consented.

FILEWORKS OFFERS SERVICES TO BUSINESSES WHO IN TURN OFFER LEGAL SERVICES AND SOLUTIONS. THIS PRIVACY POLICY APPLIES TO THE RELATIONSHIP BETWEEN THESE TWO PARTIES. WE DO NOT CONTRACT DIRECTLY WITH INDIVIDUALS WHOM ARE USING THE FILEWORKS SERVICES PURSUANT TO AN AGREEMENT WITH A THIRD PARTY SERVICE PROVIDER ("END USERS"). INDIVIDUALS USING THE FILEWORKS APPLICATIONS SHOULD REFER TO THE PRIVACY POLICY OF THE PARTY WITH WHOM THEY HAVE A CONTRACTUAL RELATIONSHIP. PLEASE READ ALL THE TERMS OF THIS PRIVACY POLICY SO THAT YOU UNDERSTAND WHAT TYPE OF PERSONAL INFORMATION WE COLLECT, HOW WE COLLECT IT, HOW WE USE IT AND TO WHOM WE DISCLOSE IT.

Scope. This Privacy Policy applies to personal information of End Users collected by clients of FILEWORKS, used and/or disclosed by FILEWORKS ("Personal Information"), it being understood that FILEWORKS delivers products and services to corporate customers, who in turn provide products and services to End Users. This Privacy Policy applies to the management of Personal Information in any form whether oral, electronic or written.

Consent. BY ACCESSING OR USING THE WEBSITE, THE APPLICATIONS OR THE SERVICES, OR BY SUBMITTING PERSONAL INFORMATION TO US OR ON OR THROUGH THE WEBSITE OR THE APPLICATIONS, YOU AND YOUR SUBCONTRACTORS CONSENT TO FILEWORKS' COLLECTION, USE AND DISCLOSURE OF THE PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY (AS AMENDED FROM TIME TO TIME) AND AS PERMITTED OR REQUIRED BY LAW.

Amendments. WE MAY, FROM TIME TO TIME, MODIFY OUR PRIVACY POLICY AND WILL POST A COPY OF THE AMENDED PRIVACY POLICY ON THE WEBSITE, SO WE ENCOURAGE YOU TO REVIEW IT PERIODICALLY.

If we make any substantial changes to the use of Personal Information, we will notify you. It is your responsibility to notify your End Users of said changes. If you do not agree to the Privacy Policy as amended, you are not authorized to use the Website, the Applications or the Services.

Collection of Information. FILEWORKS may collect Personal Information from its customers or from the End User directly via the use of our Website and Applications or via other interfaces with authorized healthcare information providers, including but not limited to the following Personal Information:

• Client demographic information
• Client medical history
• Remote patient monitoring data
• Reports created by employees of our customers during healthcare interventions with End Users
• Time and attendance data (including geolocation) related to visits with patients
• We may also collect system information to diagnose and debug software issues. Such information may be linked with Personal Information contained in your account, so it may be regarded as Personal Information.

Use of the Information. FILEWORKS shall not use or disclose Personal Information for purposes other than those for which it was collected, except with your consent or as required by law. FILEWORKS may only disclose customer’s Personal Information as permitted pursuant to the terms and conditions of the contractual agreement with such customer (with the proper contractual agreement in place with such third party to whom Personal Information may be disclosed) or as required by law. FILEWORKS shall keep Personal Information only as long as it remains necessary or relevant for the identified purposes or as required by law.

FILEWORKS will use Personal Information to manage your account, send you information on our Services, offer you new features or new services, optimize the Services we provide to you, provide updates for the Applications and provide customer services. If you receive promotional emails from us and you no longer wish to receive any such emails, you may follow the unsubscribe instructions in each of the email communications you receive.

FILEWORKS may use Usage Information in aggregate for statistical purposes, e.g. showing the total traffic through one of our servers. We may also use Usage Information to evaluate and improve the features and functionality of our Website and/or the Applications.

Sharing and Disclosure. IN NO CASE WILL FILEWORKS SELL OR RENT PERSONAL INFORMATION TO THIRD PARTIES. FILEWORKS will only share Personal Information to the following:

• Service providers that facilitate our Services, provide any or all part of the Services on our behalf or help us improve the Services (for example, data storage, web analytics, mapping providers and maintenance service providers). These services providers have access to Personal Information only for purposes of performing these tasks on our behalf; and
• Law enforcement officials, governmental agencies, or other legal authorities (i) in response to their request; (ii) when permitted or required by law; (iii) to establish our compliance with applicable laws, rules, regulations, or guidelines; or (iv) or to establish, protect, or exercise our legal rights or defend against legal claims or demands.
• Any other person whom you authorize the disclosure to pursuant your usage of the Applications.
• We may also share with third parties certain aggregated non-personal information about our users.
• In addition, if FILEWORKS merges with another company, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares, or in the event of bankruptcy, it is possible that the Personal Information we possess may be sold, transferred or otherwise shared as part of that transaction. Also, FILEWORKS may decide to retain a copy of such Personal Information post transaction.

FILEWORKS Responsibilities. FILEWORKS is accountable for and implements certain security measures, for the Website, Applications and Services, including technical security requirements and procedures to protect Personal Information that may be accessible the Website, Applications and Services.

Security

We restrict access to Personal Information to FILEWORKS employees and agents who need to know that Personal Information in order to operate, develop or improve our Services.

We make commercially reasonable efforts to protect against the loss, misuse, and alteration of Personal Information under our control.

To help protect the confidentiality of Personal Information, we endeavour to use appropriate security measures (including physical security measures). Nevertheless, such security measures cannot prevent all loss, misuse or alteration Personal Information and we are not responsible for any damages or liabilities relating to any such incidents.

Risks Associated with the Internet or Wireless Data Transmission. Despite FILEWORKS' best efforts to ensure third parties will not access or obtain Personal Information through the Website or the Applications, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication in this manner is subject to interception, loss, or alteration. You acknowledge and agree that FILEWORKS cannot be held responsible for any losses or damages whether pecuniary or otherwise resulting from the transmission of Personal Information in this manner and that such communications are at your own risk.

Limitation of Liability. YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY.

As you browse FILEWORKS' website, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner then enables us to present you with retargeting advertising on other sites based on your previous interaction with FILEWORKS. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.