This Terms of Use and Privacy Policy (the “Terms”) will tell you how you may use the website (“Website”) for the Oncology Research Information Exchange Network® Total Cancer Care® (“ORIEN” or “we”) and what kinds of information we collect about you when you visit the Website, and how we may use such information. ORIENTM was created by the H. Lee Moffitt Cancer Center and Research Institute Hospital, Inc., M2Gen, Corp. (f/k/a Moffitt Genetics Corporation), and The Ohio State University on behalf of its Comprehensive Cancer Center – Arthur G. James Cancer Hospital and Richard J. Solove Research Institute, which was joined by (i) City of Hope National Medical Center and the Beckman Research Institute of the City of Hope and City of Hope Medical Foundation, (ii) The Rector and Visitors of the University of Virginia, (iii) The Regents of the University of Colorado, for and on behalf of the University of Colorado Anschutz Medical Campus, (iv) the Regents of the University of New Mexico, for its public operation known as the UNM Health Sciences Center, specifically the UNM Cancer Center, (v) Morehouse School of Medicine, Inc. on its behalf and that of its affiliate, Morehouse Healthcare, Inc., (vi) Rutgers, The State University of New Jersey, a body corporate and politic of the State by and on behalf of its Cancer Institute of New Jersey, (vii) University of Southern California on behalf of its USC Norris Comprehensive Cancer Center, (viii) The Henry M. Jackson Foundation for the Advancement of Military Medicine, Inc. and Uniformed Services University of the Health Sciences, (ix) the University of Utah, a body politic and corporate of the State of Utah, on behalf of its Huntsman Cancer Institute, (x) Trustees of Dartmouth College, on behalf of the Norris Cotton Cancer Center and Dartmouth-Hitchcock Clinic, (xi) Winship Cancer Institute of Emory University, (xii) the Board of Regents of the University of Oklahoma, (xiii) University of Iowa, (xiv) Roswell Park Cancer Institute, (xv) University of Kentucky, (xvi) the Trustees of Indiana University, and (xvii) George Washington University, on behalf of its School of Medicine and Health Sciences, and any future participants or members in ORIEN (each, an “ORIEN Member,” and collectively, the “ORIEN Members”). The ORIEN Members will have access to your information as set forth in these Terms.
By accessing, browsing and/or using the Website or other digital content within the Website, you accept, without limitation or qualification, the Terms and agree to be bound by the Terms. If you do not agree, please exit this Website immediately. Your remedy for dissatisfaction with this Website, or any products, services, content, or other information available on or through this Website is to stop using the Website.
The Terms only apply to your use of the Website. Other websites which are linked to the Website are only provided as a convenience and are not subject to the Terms, and ORIEN is not responsible for the content or information collection policies of third party websites. Reference or links to any specific third party organization does not constitute an endorsement by ORIEN or any of the ORIEN Members.
We reserve the right to change the Terms from time to time as we deem necessary or appropriate. By using the Website after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Collection of Personal Information
When you visit the Website, we collect certain information. The information that we collect may depend on your purpose in visiting the Website and your role as an ORIEN Member, a patient, or other member of the general public. ORIEN Members and patients may have an opportunity to register an account that allows patients, providers, and researchers to upload, download, view, and communicate individually identifying information or personal health information (“Personal Information”).
For registered users, we may collect Personal Information that includes your name, mailing address, telephone number, and email address as well as personal health information, such as, but not limited to, diagnostic information, treatment information, provider information, family history, survey data, medical record data, genetic information, molecular data, data relating to blood or other biological samples, and clinical or other data collected during medical care, treatment, or participation in therapeutic trials.
You can access and browse the Website at any time without providing any Personal Information. Except for the general non-personal and browsing information listed below, we do not collect identifying or other Personal Information about you unless you voluntarily submit that information through the Website or to an ORIEN Member.
You should note that electronic communications, including secure messaging and email, are not necessarily secure against interception. While we take precautions, we make no representations, guarantees, or assurances regarding the security of your information provided to us.
Collection of Non-Personal Information
We may also collect non-personal information about you, such as “browsing information,” that includes, among other things:
Any collected non-personal information may be maintained indefinitely and used for our internal business and marketing purposes, such as assessing traffic patterns and usage of various features on the Website.
Cookies
We may also use Cookies to collect information about you. A Cookie is a small text or data file that resides on the user’s hard drive and was created at the request of the web server to track specific information. We use Cookies to authenticate you as a user, remember you, to facilitate your movement through the various sections of the Website, and to collect information about how you interact with our Website, and to temporarily store application data. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors both on this Website and other media. Most Internet browsers permit you to erase or block cookies. If you configure your browser to remove or reject cookies, though, you will not be able to utilize all of the features or functions of our Website.
How Is My Information Used?
We may use the collected non-personal information and data for various purposes:
We may use collected Personal Information for purposes consistent with the Total Cancer Care Protocol. More broadly, collected Personal Information is used to develop an improved standard of healthcare in the United States and beyond by facilitating new clinical trials, new technology, new informatics solutions, and personalized medicine by improving the capacity to predict, diagnose, develop prognoses, and respond to therapy in the care and treatment of cancer or other diseases.
Is My In formation Shared with Third Parties?
We will share certain Personal Information and Browsing Information we collect about you with third parties who perform services for us or with whom we contract for the purposes described in these Terms. For example, we may use third parties to host our Website or data, operate certain features, send e-mails, print or mailings, and analyze data and our advertising effectiveness.
We may share browsing information, and non-personal information including demographic information with select third parties on an anonymous basis (that is, in a way that does not connect your non-personal information to your Personal Information or disclose your Personal Information in any fashion).
If an ORIEN Member, or substantially all of its assets, are sold, or an ORIEN Member reorganizes or merges into another entity, then your information, including Personal Information, will likely be one of the transferred assets. On rare occasions, we may be required to disclose your Personal Information as required by law and as necessary to comply with a judicial proceeding, court order, or legal process served on us. Or we may need to do so to protect our customer’s rights.
If you have given consent through the Total Cancer Care Protocol, your Personal Information may be shared with other ORIEN members as well as third party healthcare providers, researchers, pharmaceutical industry participants, governmental entities, or other third parties consistent with the Total Cancer Care Protocol. Otherwise, we do not share Personal Information with any third party unrelated to ORIEN, except in situations where we must provide information for legal purposes or investigations, if so directed by the person through a proper authorization, or as otherwise permitted by applicable law. In limited circumstances, including requests from legal authorities, we may be required by law to disclose information you submit.
Use of Website
You may use or download the items you see, hear, or otherwise receive from or on the Website (the “Content”) for educational purposes, or for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices with them. No other use of any Content is permitted.
You agree that you will not violate any local, state, federal or international laws in using the Website or accessing any material on the Website. You agree that you will make no use of the Website that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS NOT PROVIDED AS A PROFESSIONAL SERVICE OR AS MEDICAL ADVICE FOR SPECIFIC PATIENTS. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE AND IF YOU HAVE, OR SUSPECT YOU MAY HAVE, A HEALTH PROBLEM, YOU SHOULD CONSULT YOUR HEALTH CARE PROVIDER. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE.
We make no representation and assume no responsibility for the accuracy of information contained on or available through the Website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Website with other sources, and review all information regarding any medical condition or treatment with your physician. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the Website. We do not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this Website.
Registration
In order to access some of the services on this Website, you may be required to establish an account and password or access code that can be obtained by providing certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. You also grant us the right to disclose to third parties certain Registration Data.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Use of Website and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our Website, including, without limitation, the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to log off accounts that have not paid a subscription fee or that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
For purposes of these Terms, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. You may not use this Website to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described herein. We will not routinely monitor the contents of your online material. You are solely responsible for any information contained in your online material. However, if complaints are received regarding language, content, or graphics contained in your online material, we may, at our sole discretion, remove the images hosted on its servers and terminate your account. We may also suspend the account, restrict access to it, or remove content from it, if necessary or appropriate.
The accounts of registrations for the Website operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of, or any failure to store your files, data, registration data, non-personal information, or Personal Information.
Disclaimer of Warranty and Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED “AS IS” BY ORIEN FOR EDUCATIONAL PURPOSES ONLY. NEITHER ORIEN NOR THE ORIEN MEMBERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT.
NEITHER ORIEN NOR THE ORIEN MEMBERS TAKE RESPONSIBILITY FOR, AND EACH DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER, ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE.
YOU ASSUME THE SOLE RISK OF TRANSMITTING YOUR INFORMATION AS IT RELATES TO THE USE OF THE WEBSITE, AND FOR ANY DATA CORRUPTIONS, INTENTIONAL INTERCEPTIONS, INTRUSIONS OR UNAUTHORIZED ACCESS TO INFORMATION, OR OF ANY DELAYS, INTERRUPTIONS TO OR FAILURES PREVENTING THE USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THE WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THE WEBSITE.
IN NO EVENT SHALL ORIEN OR THE ORIEN MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES AND PENALTIES, IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THE WEBSITE OR CONNECTIVITY TO OR FROM THE WEBSITE TO ANY OTHER WEBSITE.
Children
United States
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13. Users of our Website must be at least 13 years old. If you are under 13 years old, you should not provide information to us without the involvement of a parent or guardian. If a child has provided us with personal or identifying information, that child’s parent or guardian should contact us (see below) to delete such information from our records.
European Union
Any child under 13 years of age or that is a “minor” as defined by applicable EU law, rule, regulation, director, or order shall not provide any personal information to us and is prohibited from registering for an account. Any parental guardian with legal responsibility over a child located within the EU is encouraged to contact us at the address provided below if they have reason to suspect any minor child has provided us with personal information so that we may promptly delete and destroy such information.
Sensitive Information
We ask that you not send us, and you not disclose, any sensitive information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical information or criminal background) on or through the Website or otherwise to us, except as may be consistent with your consent to participate in the Total Cancer Care Protocol.
Accessing, Changing or Suppressing Your Personal Information
To review, correct, update, suppress, delete, or otherwise limit our use of your Personal Information that you previously provided us, please email, call, or write us using the contact information listed below in the “Contact” webpage and clearly describe your request.
In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable.
Keep in mind that we will not be able to comply with all requests to suppress or limit Personal Information. If, for example, you have given consent to the collection, use, and disclosure of your Personal Information through the Total Cancer Care Protocol, we will not be able to withdraw your consent to the Protocol or limit use and disclosure of your Personal Information except as may be set forth in your consent to participate in the Total Cancer Care Protocol.
“Do Not Track” Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Intellectual Property Rights
Unless otherwise expressly noted, you should assume the Content of the Website is copyright, trademark, trade dress or other intellectual property owned or licensed by ORIEN and/or the ORIEN Members. The Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the Website as a whole and any other materials on the Website.
Specifically, the ORIEN™, Oncology Research Information Exchange Network®, and Total Cancer Care® trademarks and variations thereof are owned by ORIEN and/or an ORIEN Member. All trademarks and variations of any current or future ORIEN Member belongs to such ORIEN Member. You may not use any of these at any time for any reason.
Nothing in these Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Website.
You are only permitted to use the Content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither ORIEN or the ORIEN MEMBERS warrant or represent that your use of Content or materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
Each time you submit any user materials (as explained further below), you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any user materials you submit, as to such user materials: (a) you are the sole author and owner of the intellectual property and other rights to the user materials, or you have a lawful right to submit the user materials and grant us the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability for us; (b) the user materials is accurate; (c) the user materials does not, and as to our permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the user materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.
We have no obligation to monitor or enforce your intellectual property rights to your user materials, but you grant us the right to protect and enforce our rights to your user materials, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
User’s Materials
Subject to these Terms, any communication or material that you transmit to this Website, whether by electronic mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, royalty-free, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others and ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to us immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Ronald A. Christaldi, Esq.
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Suite 2800
Tampa, Florida 33602
Transfer of Data
Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data to the United States and process it there. Your consent to these Terms followed by your submission of such information represents your agreement to that transfer.
European Union Data Rights
In accordance with the General Data Protection Regulation (“GDPR”), controllers of certain personal information have a duty to provider users located with the European Union with specific information and disclosures concerning how ORIEN handles your information and your data rights.
Identity of the Controller
M2Gen, Corp.
4904 Eisenhower Blvd, Suite 350
Tampa, Florida 33634
(813) 745-4261
https://www.m2gen.com/
Purposes of Processing
Your information is processed in accordance with these Terms. To the extent you choose to register for an account, the basis for processing your information is by contract. Where there is an option for you to opt-in to receive additional information from us and you choose to do so, the basis for processing is your affirmative consent. If you provide us your information to enroll in a service on our Website, the basis for the processing is your consent. If we collect information from you and indicate that such data is required to receive the benefit of a given feature, function of service on the Website, the basis for the processing is either your consent or by contract.
Recipients or categories of Recipients of Personal Information
We provide your information to our third parties who perform services for us or with whom we contract for the purposes described in these Terms. These third parties include web hosting providers, customer service providers, payment card processors, shipping, billing services providers, and packing and logistics services providers.
Transfers
If a transfer of your information is required to a third country or international organization, the transfer is pursuant to appropriate and suitable safeguards, including the execution of the Standard Contractual Clauses as approved by the European Commission.
Retention Schedule for Personal Information
We maintain the information that you provide us and we collect from you until you contact us to request deletion of such information. We will not be able to comply with requests for deletion in all cases.
Data Rights
EU data subjects have the following data rights:
You may exercise your data rights by contacting us, in writing, at the address indicated above.
Governing Law; Exclusive Jurisdiction
The laws of the State of Florida will apply to the Terms, without regard to provisions governing conflicts of laws, and all disputes, claims or proceedings must be brought exclusively in the courts of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, or the United States Federal District Court for the Middle District of Florida, Tampa Division, as applicable.
Notices
If you need to provide written notices to ORIEN, please mail to:
M2Gen, Corp.
4904 Eisenhower Blvd, Suite 350
Tampa, Florida 33634
Attention: Administrator, Oncology Research Information Exchange Network
With A Copy To:
Ronald A. Christaldi, Esq.
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Suite 2800
Tampa, Florida 33602
Third Party Suppliers
We may use suppliers, such as software companies, to provide, support and maintain the Website. These suppliers are protected under the Terms as intended third party beneficiaries.
Indemnification
You agree to defend, indemnify and hold ORIEN, the ORIEN Members, and each of its officers, directors, physicians, employees, and agents harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorneys’ fees, arising in any way from your use of or access to the Website.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Your obligations to us will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of any content.
Severability
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Waiver
Any failure by us to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
Miscellaneous
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and ORIEN relating to the Website. Any other agreements between you and ORIEN regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.
BY USING THE WEBSITE, YOU ACCEPT THESE TERMS.