Last update: 12/20/2016

TweeQ Terms of Service and Privacy Policy

TweeQ takes your privacy seriously as we help you, our Patient, recover faster, and as such we are very careful with how your personal information is collected and used through our app and website. These Terms of Use and Privacy Policy describe how TweeQ collects, uses, and protects your information, as well as the ways in which you can access and control the information available to us.
By accessing this site, and/or downloading the TweeQ app, you agree to be bound by these Terms of Use and Privacy Policy, as well as all applicable laws and regulations. If you do not agree with any of these terms, you may not use or accessing this site. TweeQ materials on our site and in our app are protected by applicable copyright and trademark law.
Please read this entire statement before using TweeQ’s site or app, or submitting information to TweeQ. TweeQ reserves the right to modify these terms of use at any time without notice. By using the TweeQ site and/or app, you are agreeing to be bound by the version of these Terms and Conditions of Use current at your time of access.

Tweeq Does Not Provide Medical Advice

The contents of the TweeQ site and app, such as text, animations, photographs, illustrations, graphics, images, information obtained from TweeQ's licensors, and other material contained on the TweeQ site and app ("Content") are for informational purposes only. The Content is intended as an aid in support of professional medical advice; always seek the advice of your physician, surgeon, physical therapist, or other qualified health provider with any questions you may have regarding any medical condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay seeking it, because of any material you have read on TweeQ’s site or app.

Business Associate Agreements

TweeQ signs a Business Associate Agreement with each physical therapist, physical therapy practice, hospital, or clinic (“Provider”) that we partner with. Under the terms of our Business Associate Agreement, individually identifiable patient information placed in our system by Providers or their Patients is the property of the Provider, subject to TweeQ’s rights under the Business Associate Agreement. Your Provider is responsible for inputting your information into TweeQ’s system, accurately and with your consent.
The Business Associate Agreement describes how TweeQ may use and disclose this information. It also sets forth our obligations as a business associate under the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 and its privacy and security regulations ("HIPAA"), and under the privacy and security provisions of the Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act"). TweeQ will comply with the provisions of our Business Associate Agreement. We will also comply with provisions of the HIPAA Security Rule that apply to business associates under the HITECH Act, and the privacy and security provisions of the HITECH Act that are applicable to business associates.
The provisions of the Business Associate Agreement supersede these Terms of Use and Privacy Policy in the case of any conflict.

Permitted Use of TweeQ

You agree to access and use TweeQ’s site and app solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit TweeQ content in a manner that: (1) is inconsistent with this Agreement; (2) violates any federal, state or local law, rule, regulation or order, or (3) could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of TweeQ. You acknowledge and agree that TweeQ’s site and app include subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of TweeQ may violate such intellectual property laws or other laws relating to privacy and publicity.

Security

TweeQ uses encryption and Secure Socket Layer (“SSL”) connections throughout our app and site, and especially where we transmit and store your personal health information. We also have our developer team implement extra layers of security where they actually interact with TweeQ’s health data. TweeQ retains your information as long as your account is active or needed to provide you services, and we can completely delete all copies of your information upon your instruction. Should there be any access to your information by unauthorized third parties, we will of course notify you.
TweeQ is not liable for any harm related to the theft, or your disclosure, of your Patient and/or Provider IDs. You agree to immediately notify us in writing of any unauthorized use of any of your Patient or Provider IDs.

Patient Information

When first creating a new Patient account, Providers are asked to: a) provide identifying information, including full name and email address and (b) create a Patient ID and password. Providers are responsible for entering each Patient’s personal information, which includes the Patient’s full name, date of birth, email address, phone number, and exercise program. Providers will only submit Patient information upon Patient’s permission.
TweeQ tracks exercise assignment and program use data: we gather information whenever you visit, log in or otherwise interact with our app, so that we can create statistics for you and for your Provider, as well as learn more about physical therapy home exercise. So, whenever you exercise, learn about your home exercise program, login or logout, check your statistics, or contact help services, we learn more about how best to engage with you. TweeQ also collects information about the hardware and software of the device you use our app on.

Use of Information

TweeQ uses your information to build statistics to keep you on track and help your therapist optimize your experience; learn more about our user experience, and how we can fix problems for you; learn more about how physical therapy can be improved; and better adapt TweeQ for you, our users.
TweeQ may give you access to your own health information, and we may give Providers access to health information about their patients. TweeQ may anonymize and aggregate your health information to build a view of the progress of our Patients, and share that view in accordance with applicable state and federal law to illustrate TweeQ’s impact. TweeQ may share non-personally identifiable information, such as aggregated Patient statistics and log data, with third parties for industry analysis, demographic profiling, big-data analysis, or for other business purposes.
We do not sell, share, rent or trade the information we have collected about you, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your personal information with third parties unless you consent to such sharing at the time you provide your information. TweeQ team members and contractors may access health information under proper confidentiality agreements.

Communication

TweeQ may ask you to participate in use surveys, questionnaires, or polls; we may ask you how you are feeling, about your progress week-by-week or month-by-month; and/or request feedback on our app, suggestions, or other information. By participating, Patients and Providers agree to allow TweeQ to share the information with each other, and to use the information provided for all aggregate analytical purposes and internal improvements.
TweeQ may email Patients and Providers to communicate as necessary for the Tweeq user experience, including notifying Patients that exercises are available, providing Patient ID and password, as well as summaries of Patient progress for Patient and Provider. We do not otherwise use or distribute Patient or Provider emails.

Cookie Policy

TweeQ may use cookies through your browser and on your hard drive, to help us recognize you when you visit our site, and to understand how you navigate and use our site, so we can make it more helpful and useful for our Patients and Providers. The cookie consists of a unique identifier that does not contain information about you or your health history. We recommend that you enable cookies for our site to allow us to provide the best experience.

Children’s Privacy

TweeQ does not solicit or knowingly collect personally identifiable information from children under the age of 13. If TweeQ obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, TweeQ will promptly delete such information from its database.

Governing Law

Any claim relating to the use of TweeQ’s site or app shall be governed by the laws of the State of New York. By using the TweeQ app and/or site, you agree to the jurisdiction of the State of New York.

Disclaimer of Warranties

You acknowledge and agree that TweeQ’s site and app are provided on an “as is” basis. TweeQ does not guarantee any warranties, expressed or implied, and hereby specifically disclaims any and all representations and warranties including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and any other violation of third-party rights. Further, TweeQ does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its site and app.

Limitation of Liability

You agree that under no circumstances shall TweeQ or any of its affiliates be liable for any loss or damage caused by the use, inability to use, or reliance on use of the materials on TweeQ's website. Some jurisdictions do not allow the exclusion or limitation of liability or warranty, and so in these jurisdictions TweeQ’s liability is limited to the greatest extent permitted by law. You agree to defend, indemnify, and hold harmless us, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your breach of these terms of use through use of TweeQ's site or app, including any allegation of the infringement or violation of copyright, trade secret, trademark or other intellectual property rights of a third party.

Our Global Operations

You agree to TweeQ’s information practices, including the collection, use, processing, and sharing of your information as described in this these Terms of Use and Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use the TweeQ app and/or site. When the laws, regulations, or standards of the country in which your information is stored or processed may be different from those of the US, TweeQ will maintain the privacy protections and use restrictions as laid out in these Terms of Use and Privacy Policy.