COVID HealthPass LLC collects general information about all of our users in aggregate when they use the App or Website. Most of the information collected during the purchase and ordering process will be used to process orders. If you make purchases through the Website for COVID HealthPass LLC Products, we do collect personal information provided to us. The personal information includes, but is not limited to, your name, address, email, credit card number, and other contact information. We also may acquire personal information from third parties who provide it to us.
COVID HealthPass LLC may collect behavioral information regarding how you use the Website, COVID HealthPass LLC, Beacon or App, the areas of the Websites you visit, what services you use, and information about your computer hardware, software, or cellular phone. This includes, but is not limited to, your Internet Protocol (IP) address, location, browser, access times, operating system, and referring website addresses. This information is used to analyze the use of resources, prevent fraud, troubleshoot, and also improve our services. COVID HealthPass LLC also may acquire behavioral information from third parties who provide it to us. COVID HealthPass LLC may also personalize the advertising shown to you on the Websites, based on the information provided and collected. The foregoing information shall be owned by COVID HealthPass LLC.
USE OF INFORMATION COLLECTED
COVID HealthPass LLC does not disclose personal information to any third parties except as provided in this Policy. We use the information collected through the Website or COVID HealthPass LLC for responding to any inquiries, operating the Website or App, improving the Website or App, creating a positive user experience, and delivering any products and services offered to employers and job seekers. The information gathered and collected on the Website, COVID HealthPass LLC or App may be shared internally at COVID HealthPass LLC to deliver its products and services. By using the Website and App, you have consented for us to use your information to:
- (1) Analyze the use of resources, prevent fraud, troubleshoot, improve our products and services, and develop new products and services;
- (2) Personalize the advertising shown to you on the Websites;
- (3) Contact you about COVID HealthPass LLC Products and other updates;
- (4) Provide you with additional information and promotions;
- (5) Enable you to provide feedback and for us to respond to the feedback;
- (6) Conduct surveys, promotions, and contests, and provide the results thereof;
- (7) Generate reports.
Disclosure to Third Parties
We may share your information with third parties who help us in the delivery of COVID HealthPass LLC Products and other services. COVID HealthPass LLC may also disclose non-personal information collected to third parties for analytical, statistical, marketing or reporting purposes. We may also share aggregates anonymous information about visitors to the Website to various third parties. COVID HealthPass LLC discloses information, if legally required to do so, or at our request pursuant to a request from a governmental entity. We may also disclose information if we believe in good faith that disclosure is necessary to protect our rights, protect your safety, protect the safety of others, or investigate fraud.
We may disclose and/or transfer any information to a third party who acquires any or all of COVID HealthPass LLC‘s business and business units, whether such acquisition is by merger, consolidation, or purchase of all or a substantial portion of COVID HealthPass LLC‘s assets. In addition, in the event COVID HealthPass LLC becomes the subject of an insolvency proceeding, whether voluntary or involuntary, COVID HealthPass LLC or its liquidator, administrator, receiver or administrative receiver may sell, license or otherwise, dispose of such information in a transaction approved by the court.
If you place any orders or make any payments online through the Websites, your credit card information will be and is protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. The SSL protocol makes it difficult for your credit card information to be stolen or intercepted during transmission. COVID HealthPass LLC also uses a service company to process its credit card transactions. You can see more information on this service company’s privacy and security practices here.
If COVID HealthPass LLC makes a substantial and material change or updates to the substance of this Policy, COVID HealthPass LLC will post a prominent notice of such change, together with a link to the revised Policy, on the Website. It is your responsibility to review the current Policy and if you disagree with any of the terms of the Policy, (i) discontinue your use of the Website and/or COVID HealthPass LLC‘s Products and/or (ii) inform COVID HealthPass LLC via the contact us link at the end of this Policy that COVID HealthPass LLC may no longer retain or use any personal information about you not already aggregated or anonymized, if any, that COVID HealthPass LLC may have collected during your use of the Website and/or COVID HealthPass LLC‘s Products under a prior version of this Policy.
MISCELLANEOUS Safe Harbor
COVID HealthPass LLC complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. COVID HealthPass LLC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.
Page Tags and Beacons
Covid healthpass llc does not promise that covid healthpass llc, the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as available” basis. All information provided on the site is subject to change without notice. Covid healthpass llc cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Covid healthpass llc disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Covid healthpass llc disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any covid healthpass llc services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against covid healthpass llc for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
COVID HealthPass LLC reserves the right to do any of the following, at any time, without notice:
- (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
- (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
- (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability:
Except where prohibited by law, in no event will COVID HealthPass LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if COVID HealthPass LLC has been advised of the possibility of such damages.
you agree to indemnify and hold COVID HealthPass LLC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against COVID HealthPass LLC by any third party due to or arising out of or in connection with your use of the Site.
By checking the Terms and Conditions checkbox and clicking “AGREE”, you hereby agree to this Agreement and attached Schedules.
Appointment of Agent
1.1 You hereby appoint COVID HealthPass LLC as your worldwide agent for the delivery of the Beacon information to end-users, during the Delivery Period. You hereby acknowledge that COVID HealthPass LLC will deliver the Beacon information to end-users for you and on your behalf. For purposes of this Schedule 1, the term ” Beacon information ” includes any additional permitted functionality, content or services provided by you.
1.2 In furtherance of COVID HealthPass LLC’s appointment under Section 1.1 of this Schedule 1, you hereby authorize and instruct COVID HealthPass LLC to, under the discretion of COVID HealthPass LLC to:
(a) Provide hosting services to you, in order to allow for the storage of, and end-user access to, the Beacon information and to enable third-party hosting of such Passes solely as otherwise licensed or authorized by COVID HealthPass LLC;
(b) Allow end-users to access and re-access copies of the Beacon information, so that end-users may acquire from you and electronically download Beacon information.
(c) Use (i) screenshots of the Beacon information; (ii) trademarks and logos associated with the Beacon information; and (iii) Beacon information, for promotional purposes in marketing materials; and
(d) Otherwise, use Beacon information and associated metadata as may be reasonably necessary in the delivery of the Beacon information in accordance with this Schedule 1. You agree that no royalty or other compensation is payable for the rights described above in Section 1.2 of this Schedule 1.
1.3 The parties acknowledge and agree that their relationship under this Schedule 1 is, and shall be, that of principal and agent, and that you, as principal, are, and shall be, solely responsible for any and all claims and liabilities involving or relating to, the Beacon information, as provided in this Schedule 1. The parties acknowledge and agree that Your appointment of COVID HealthPass LLC as its agent under this Schedule 1 is non-exclusive.
1.4 For purposes of this Schedule 1, the “Delivery Period” shall mean the period beginning on the Effective Date of the Agreement, and expiring on the last day of the Agreement or any renewal thereof; provided, however, that COVID HealthPass LLC’s appointment as your agent shall survive expiration of the Agreement for a reasonable phase-out period not to exceed thirty (30) days and further provided that, solely with respect to your end-users, subsections 1.2(b), (c), and (d) of this Schedule 1 shall survive termination or expiration of the Agreement unless you indicate otherwise pursuant to sections 3.1 and 5.2 of this Schedule 1.
Ownership and Delivery of the Beacon information to End Users
you acknowledge and agree that COVID HealthPass LLC, in the course of acting as agent for you is hosting, or pursuant to Section 1.2(b) of this Schedule 1 may enable authorized third parties to host, the Beacon information, and is allowing the download of those Beacon information by end-users, on your behalf. The parties acknowledge and agree that COVID HealthPass LLC shall not acquire any ownership interest in or to any of the Beacon information, and title, the risk of loss, responsibility for, and control over the Beacon information shall, at all times, except as specifically authorized in this Agreement and Schedule. COVID HealthPass LLC may not use any of the Beacon information for any purpose, or in any manner, except as specifically authorized in this Agreement or Schedule 1.
3.1 You represent and warrant that:
(a) You have the right to enter into this Agreement, to reproduce and distribute each of the Beacon information, and to authorize COVID HealthPass LLC to permit end-users to download and use each of the Beacon information;
(b) None of the Beacon information, or end-users’ permitted uses of those Beacon information, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that you are not submitting the Licensed Applications to COVID HealthPass LLC on behalf of one or more third parties;
(c) Each of the Beacon information is authorized for distribution, use in, export to, and import into each of the countries designated by you under Section 2 of this Schedule 1, in accordance with the laws and regulations of those countries;
(d) None of the Beacon information contains any obscene, offensive or other materials that are prohibited or restricted under the laws or regulations;
(e) All information you provide is accurate and that, if any such information ceases to be accurate, you will promptly update it to be accurate; and (f) in the event a dispute arises over the content of your Beacon information or use of your intellectual property on the pass, you agree to follow COVID HealthPass LLC dispute process on a non-exclusive basis and without any party waiving its legal rights.
Responsibility and Liability
4.1 COVID HealthPass LLC shall have no responsibility for the installation and/or use of any of the Beacons by any end-user. You shall be solely responsible for any and all end-user assistance and support with respect to each of the Beacons and Beacon information.
4.2 You shall be solely responsible for, and COVID HealthPass LLC shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Beacon information by any end-user, including, but not limited to: (i) claims of breach of warranty; (ii) product liability claims; and (iii) claims that any of the Beacon information and/or the possession or use by the end user of those Beacon information infringes the copyright or other intellectual property rights of any third party.
4.3 COVID HealthPass LLC shall have no responsibility for the installation, performance and/or use of any third party beacons and said beacons performance with COVID HealthPass LLC. COVID HealthPass LLC does not guarantee the installation, performance and/or use of any third party beacons with COVID HealthPass LLC. You shall be solely responsible for the installation, performance and/or use of any third party beacons and information used on said beacons.
5.1 This Schedule 1, and all of COVID HealthPass LLC’s obligations hereunder, shall terminate upon the expiration or termination of the Agreement.
5.2 In the event that you no longer have the legal right to distribute the Beacon information, or to authorize COVID HealthPass LLC to allow access to those Passes by end-users, in accordance with this Schedule 1, you shall promptly notify COVID HealthPass LLC.
5.3 COVID HealthPass LLC reserves the right to cease allowing download by end-users of the Passes at any time, with or without cause, by providing notice of termination to you. Without limiting the generality of this Section 5.3, you acknowledge that COVID HealthPass LLC may cease allowing download by end-users of some or all of the Beacon information if COVID HealthPass LLC reasonably believes that: (i) those Beacon information and/or any possession and/or use by the end user of those Beacon information, infringe patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or (ii) the distribution and/or use of those Beacon information violates any applicable law in any country. An election by COVID HealthPass LLC to cease allowing download of any Beacon information, pursuant to this Section 5.3, shall not relieve you of your obligations under this Schedule 1.
5.4 You may invalidate any or all of the Beacon information at any time, and for any reason, by using the tools provided, except that, with respect to your end-users, you hereby authorize and instruct COVID HealthPass LLC to fulfill sections 1.2(b), (c), and (d) of this Schedule 1, which shall survive termination or expiration of the Agreement unless you indicate otherwise pursuant to sections 3.1 and 5.2 of this Schedule 1.
The relationship between you and COVID HealthPass LLC established by this Schedule 1 may have important legal consequences for you. You acknowledge and agree that it is your responsibility to consult with your legal advisors with respect to your legal obligations hereunder.