We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you upload to Statwing.
Statwing uses Amazon S3 for data storage. Amazon stores data over several large-scale data centers. According to Amazon, they use military grade perimeter control berms, video surveillance, and professional security staff to keep their data centers physically secure.
Amazon encrypts the files that you store on Statwing using the AES-256 standard, which is the same encryption standard used by banks to secure customer data.
Amazon also employs significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.
You can find more information about Amazon's security at the Amazon Web Services' website.
Your files are sent between your computer and our servers over a secure channel using 128-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections. In addition, Statwing servers deliver analysis results to your computer using 128-bit SSL.
Amazon keeps redundant backups of all data over multiple locations to prevent the remote possibility of data loss.
If you choose to access Statwing using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you shouldn’t use them to access Statwing. For example, third-party apps might not employ encryption when transmitting data, might collect information that Statwing does not, and might use information differently than Statwing does.
As set forth in our privacy policy, and in compliance with United States law, Statwing cooperates with United States law enforcement when it receives valid legal process.
The following is meant only to be a brief overview of the HIPAA “Privacy Rule” with respect to data released to Statwing. It is not meant to address every detail of each provision of the Privacy Rule. In the event of any conflict between this overview and the Privacy Rule (as it may be amended from time to time), the Privacy Rule governs. The full text of the Privacy Rule is located at Title 45 Code of Federal Regulations, Part 160 and Subparts A & E of Part 164.
If you work for or represent a “Covered Entity”, you have a responsibility to maintain the privacy of patient information.
The Privacy Rule contains a “safe harbor” provision (scroll down to “De-identified Data Sets” in this document). The safe harbor provides that if you effectively strip your data of identifying information you may release your data to Statwing (or whomever) without further restrictions or authorizations.
The following (reproduced verbatim from the Code of Federal Regulations) must be stripped to create a safe harbor-compliant dataset that can be released to Statwing:
Lastly, if you have actual knowledge that even after the above deletions it would be possible to identify someone from your data, you must further delete data until that is no longer the case.
It is your sole and absolute responsibility to ensure that any and all personal health information that you submit to Statwing is in compliance with the HIPAA Privacy Rule. You acknowledge and agree that Statwing has no obligation to pre-screen the personal health information that you submit to Statwing. By transmitting or submitting any personal health information you affirm, represent and warrant that such transmission or submission is not in violation of the HIPAA Privacy Rule.
The terms of the Statwing Terms of Service and Privacy Policy are incorporated herein.
Updated: October 2013
Welcome to Statwing, Inc. (“Statwing”, “we”, “our”, or “us”). By using or accessing the Statwing website (the “Site”), any application program interfaces (the “API”), or our applications, tools and other related services offered by us (collectively with the Site and API, the “Services”) you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of our Terms of Service. The following terms and conditions, including any future modifications to this Terms of Service, and all guidelines are collectively referred to herein as the “Terms of Service.”
If you are using the Services on behalf of an organization, you are agreeing to these Terms of Service for that organization and agree and acknowledge that you have the authority to bind that organization to this Terms of Service. In that case, “you” and “your” will refer to that particular organization.
If you are using the Services on behalf of a health-care related organization, the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”) safe harbor provision of the Privacy Rule may permit you to upload de-identified data sets, provided you effectively strip the data of any identifiable information. For a brief overview on what constitutes a de-identified data set, please refer to our summary of the HIPAA Privacy Rule’s “Safe Harbor”.
Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Services to share such information with others. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions.
By creating an account or accessing or using the Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy.
Statwing has the discretion to update these Terms of Service at any time. We will revise the "Updated" date on this page when we make material changes to these Terms of Service. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Services after any such changes shall constitute your consent to be bound by any such changes to the Terms of Service. If you do not agree with the revised Terms of Service, your only recourse is to cease access and use of the Services.
Our Services may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Violation of any provision of the Terms of Service may result in the termination of your account. While Statwing prohibits certain conduct and content provided on or through the Services, you acknowledge and agree that Statwing cannot be responsible for the content posted on the Site or the conduct of others accessing and using the Services and that you nonetheless may be exposed to such prohibited conduct or materials. Notwithstanding the foregoing, you acknowledge and agree to use the Services at your own risk.
ALL OF THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
You agree to the following basic terms and conditions:
1. You must be 13 years or older to use the Services. If you are 13 or older, but under the age of 18, then your parent or guardian must understand and agree to the Terms of Service.
2. You may not register accounts with unauthorized automated methods ("bots").
3. You must provide a valid email address, and any other information requested in order to complete the signup process.
4. Your login may not be used by multiple people.
5. You are responsible for maintaining the security of your account and password. Statwing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all content posted and activity that occurs under your account. You should immediately notify Statwing of any unauthorized use of your account.
7. One person may not maintain more than one account.
8. You acknowledge that if you wish to protect your transmission of data or files to Statwing, it is your responsibility to use a secure encrypted connection to communicate with the Services.
9. The Services may contain links to third-party websites or resources. Statwing does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
10. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
11. You must not, in your use of the Service, collect personally identifiable information from any individual. Personally identifiable information is any information that could be used to identify an individual, such as first and last name, email address, phone number, physical address, social security number or any other information that alone, or in combination with other information, can be used to identify an individual. Statwing is not responsible for the secure transmission or storage of any personally identifiable information provided by any individual in connection with your use of the Service.
Subject to compliance with the Terms of Service, we are granting you a limited, non-exclusive, non-transferable, revocable limited license to access the Services. If you violate the Terms of Service, we reserve the right to terminate your license without notice.
You retain ownership rights to content or data that you contribute to the Services (collectively, “User Content”). By making available any User Content through the Services, you hereby grant to Statwing a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, access, use, copy, adapt, modify, distribute, license, transfer, display, and transmit your User Content solely for the purposes of operating, maintaining, evaluating, and improving the Services.
Statwing offers the Services through the Statwing Public Plan (“Public Plan”) and various levels of private, paid plans (“Paid Plans”). Any User Content provided to the Services via the Public Plan will be publicly viewable. Any User Content provided to the Services via a Paid Plan will be private and not publicly viewable (“Private User Content”).
Statwing may use or distribute the User Content to any third party as may be necessary for the operation, maintenance, evaluation and improvement of the Services (for example, Statwing uploads data to Amazon Web Services for storage). Statwing will not distribute the Private User Content unless explicitly authorized to do so. When you explicitly indicate that User Content may be distributed by Statwing to other users of the Services, you grant other users of the Services the right to access, display, modify, view, and share that User Content.
You agree that Statwing will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. We do not claim ownership of your User Content. We will use your User Content only in accordance with our Privacy Policy.
All User Content is the sole responsibility of the person from whom the User Content originated. You acknowledge that Statwing has no obligation to pre-screen any User Content. However, Statwing has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User Content that is available via the Services. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Statwing in accordance with its Privacy Policy.
Customers may access their Statwing account data via Statwing’s application program interfaces (“API”).
Any use of an API, including use of an API through a third-party product that accesses Statwing, is bound by this Terms of Service, including the following specific terms:
1. You expressly understand, acknowledge and agree that Statwing shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Statwing has been advised of the possibility of such damages), resulting from your use of an API or third-party products that access data via an API.
2. Abuse or excessively frequent requests to Statwing via an API may result in the temporary or permanent suspension of your account’s access to the API. Statwing, in its sole discretion, will determine abuse or excessive usage of the API. Statwing will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Statwing reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without prior notice.
You understand, acknowledge and agree that Statwing’s servers may copy data that you store on a third party service to which you facilitate access by Statwing via API or other means, any and all of which may be subject to such third party’s terms of service governing this data.
1. A valid credit card is required for paying all accounts.
2. All fees are non-refundable.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes levied on Statwing’s net income.
4. Fees. User will pay Statwing the applicable subscription fees as specified in the course of the online subscription enrollment process. Statwing, in its sole discretion, reserves the right to increase the subscription fees for any renewals of the subscription.
5. If you believe that Statwing has charged you in error, you must contact Statwing within 60 days of such charge. No refunds will be given for any charges that are made in excess of 60 days.
6. Statwing shall not be liable to you or to any third party for any modification or price change.
7. Prices for the Services are subject to change upon 7 days notice from us. Such notice may be provided at any time by posting the changes to the Statwing Site (www.statwing.com) or the Services themselves.
Statwing, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Statwing service, for any reason at any time. Such termination of the Services may result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Statwing reserves the right, in its sole discretion, to refuse service to anyone, for any reason, at any time. Statwing shall not be liable to you or to any third party for any suspension, cancellation or termination of the Services.
We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Services. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Services.
Examples of unacceptable content or behavior on the Services include, but are not limited to:
Unfortunately, we cannot control all content posted by third parties to the Services, and as a result, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Statwing be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us by email at: contact@statwing.com.
You agree not to in any way contribute to the Services any copyrightable content or other proprietary information without first having obtained prior consent of the owner of the rights to such content and/or information. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify Statwing’s copyright agent, listed below, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work that you claim is being infringed; c) Identification of the material that is claimed to be infringing and where it is located on the Services; d) Information reasonably sufficient to permit Statwing to contact you, such as your address, telephone number, and e-mail address; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Statwing’s designated copyright agent to receive notifications of claimed infringement can be reached as follows:
By mail: Copyright Agent; Statwing, Inc.; 455 Valencia; San Francisco, CA 94103
By email: contact@statwing.com
Statwing owns all right, title and interest in and to the Services and API and all associated intellectual property rights, including but not limited to the look and feel, design, artwork, functionality, and documentation. Unless with the prior express written permission of Statwing, you may not copy, modify, adapt, reuse, sell, resell, exploit, hack or reverse engineer any part of the Services or API, or modify another website so as to imply that it is associated with the Services, Statwing, or any other Statwing service. You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or API.
During the term of your use of the Services via any Paid Plan, you hereby grant to Statwing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to display your corporate logo (without modification) in any of Statwing’s marketing or promotional materials (“Logo License”). You may “opt out” of the Logo License by contacting us at contact@statwing.com.
You agree to indemnify and hold Statwing, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, employees, and licensors harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your User Content, your use of the Services, your violation of the Terms of Service, your breach of any of the representations, warranties and covenants herein, or your violation of any rights of another.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. STATWING DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STATWING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STATWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH USE OF THE THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
The Terms of Service, your rights and obligations, and all actions contemplated by the Terms of Service shall be governed by the laws of the California. As a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected with Statwing, shall be resolved through arbitration, with such arbitration to be held in San Francisco County, California.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms of Service is the entire agreement between you and Statwing with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Statwing with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign or transfer the Terms of Service, by operation of law or otherwise, without the prior written consent of Statwing. Any attempt by you to assign or transfer the Terms of Service, without such consent, will be null and of no effect. Statwing may assign or transfer the Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms of Service, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about the Terms of Service, please contact us at contact@statwing.com.
Updated: October 2013
Statwing, Inc. and its related entities (collectively “Statwing”, “us”, “our” or “we”) is dedicated to protecting the privacy rights of our users (“users”, “you” or “your”). This privacy policy (“Privacy Policy”) explains how personal information is collected, used, stored, managed and disclosed by Statwing in connection with your use of our website at www.statwing.com (the “Site”), any application program interfaces (the “API”), including, but not limited to, our API, or our applications, tools and other related services offered by us, including, but not limited to our newsletter (collectively with the Site and API, the “Services”).
Protecting your privacy is a serious matter and doing so is very important to us. By using the Services, you are agreeing to the collection and use of your information as outlined in this Privacy Policy. We reserve the right to change the provisions of this Privacy Policy at any time. We will alert you that changes have been made by indicating on the Privacy Policy the date it was last updated. We encourage you to review this Privacy Policy from time to time to make sure that you understand how we use and protect your personal information that we collect.
If you use our Services after we have updated this Privacy Policy, you acknowledge that you have read the updated terms and consent to our revised privacy practices. Use of the Services after changes are made to the Privacy Policy will be considered your consent to the new terms.
The term “personal information” means information that specifically identifies an individual or enables others to contact an individual (such as a name, address, employer, telephone number, mobile number, e-mail address, or credit card number). It also includes other information about an individual when it is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of the Services or about a group or category of services or users, from which personal information has been removed. This Privacy Policy in no way restricts or limits our collection and use of aggregate information.
The information we collect is used to improve the content and quality of our Services, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
We collect information you voluntarily provide when you use the Services, such as when you:
We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Statwing to you.
The information we collect may include:
This information may be collected either directly or through a third party site that you use to connect to the Site.
When you use the Services, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, your activity on the Site, information you search for on our Site, locale preferences, identification numbers associated with your devices, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Services. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is only used as Aggregate Data (as defined below).
Cookies: We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Site and our Services and analyze trends and user activity. If we link cookies to any personally identifying information, we will treat this information as personal information.
If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to block cookies, this could affect certain features on our Site and may make you unable to work on certain tasks. In addition, Statwing or a third party may also set a “flash cookie” (also known as “local shared objects”) on your computer. Removing and rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Site. Adobe has more information about deleting or disabling flash cookies.
Web Beacons: We may use Web beacons (also known as clear GIFs or Web bugs) or similar technology on the Site or in emails. Web beacons are small, invisible graphic images that may be used to collect certain information and monitor user activity. Web beacons allow us to count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Third party vendors and service providers. We may also use third parties to serve ads on the Site or otherwise place cookies, Web beacons or other devices or technologies on the Site or in connection with the Services. This enables them to automatically collect non-personal information about you and your visits to the Site and to other websites, your IP address, your ISP and the browser you use to visit our Site. Information collected may be used, among other things, to analyze data, to deliver content and advertising on this or other sites (including content and advertising that is targeted to your interests). Such information may also be used to determine the popularity of certain content and to better understand the usage and visitation of our Site and the other websites. This Privacy Policy does not apply to, and we are not responsible for, cookies, Web beacons, or similar devices or technologies placed by third parties.
If you create, log into your account, or otherwise access the Services through a third-party social networking site, such as through Facebook Connect, Statwing will have access to certain information from that site.
We may store and process your personal information in the United States or in any other location around the world.
We collect and use personal information for the following purposes:
We will not share the personal information we collect from you through the Site with third parties, except as described in this Privacy Policy, on the Site, or in connection with the Services. For example, we may share personal information as follows:
We are not responsible for the actions of service providers, social networks, or other third parties, nor are we responsible for any additional information you provide directly to any third parties. We encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.
Our Site and Services may contain links to other websites. This Privacy Policy does not apply to such linked sites. Any personal information you provide on the linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We are not responsible for the privacy and security practices and policies of any sites that are linked to from this Site or the Services. We encourage you to learn about the privacy and security practices and policies of third-party sites before providing them with personal information.
We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
The security of your information is important to us. When you enter sensitive information (such as a credit card number), we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to the Site via e-mail or other electronic means. WE DISCLAIM LIABILITY FOR ANY THEFT, LOSS, OR INTERCEPTION OF OR ANY UNAUTHORIZED ACCESS OR DAMAGE TO ANY DATA OR COMMUNICATIONS. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
You are responsible for all uses of our Services by any person using your password. Please advise us immediately if you believe your password has been misused.
The Services are not intended for children under the age of 13 years and children under the age of 13 are prohibited from using the Services.
By using the Services, you represent and warrant that you are at least 18 years old or that you are at least 13 years old and have your parents’ or guardians’ permission to use the Services. We recommend that all minors 13 years and older seek consent from a parent or guardian before sending information about themselves to any individual or over the Internet.
You may review, update, correct or delete personal information we receive from you. If you elect to register with us and you would like to review, update, correct or delete that personal information, you may do so by e-mailing us at contact@statwing.com and include sufficient detail in your email so that we may identify you and your profile. You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or profiles or about our ongoing business relations.
If you have any questions about this Privacy Policy, please contact us by email at: contact@statwing.com or by mail at: Statwing, Inc., Attn: Privacy Policy Inquiries, 455 Valencia Street, San Francisco, CA 94103.
Dated: October 2013
Welcome to Statwing, Inc. (“Statwing”, “we”, “our”, or “us”). By linking the Statwing website (the “Site”), any application program interfaces (the “API”), or our applications, tools and other related services offered by us (collectively with the Site and API, the “Services”) with your product, website or application (the “Integration”), you agree to the following Integration Terms of Service.
You agree to attribute the operations and/or functionality of the Services to Statwing, and not to any other party including yourself. Statwing owns all right, title, and interest in the Services (except for any licensed content and software components included therein) and the trademarks including registered and common law trademarks, trade names, service marks, logos, domain names and designations (collectively the “Marks”) of Statwing. You agree not to copy, alter, modify, or create derivative works of the Services, or otherwise use the Services,the Integration or the Statwing Marks in any way that violates the use restrictions contained in this Agreement.
Solely for the purpose of providing the Services to your users via the Integration, Statwing grants you a revocable, worldwide, royalty-free, sub-licensable, non-exclusive license to (i) use the Statwing Marks, solely to designate the Integration, and (ii) provide access to the Services via the Integration to your users (“Users”). The Integration and all rights hereunder may be terminated, disabled or discontinued at any time in Statwing’s sole discretion without notice or penalty to Statwing. You also grant Statwing a worldwide, sub-licensable, royalty-free, non-exclusive and perpetual right to use your Marks in Statwing’s marketing materials.
You agree to indemnify and hold Statwing and its affiliates and agents harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of the use of the Service by you, your Users or your affiliates or agents, or arising from your or your affiliates and agents’ negligence or willful misconduct.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY SPECIFICALLY DISCLAIMS ALL WARRANTIES IN RESPECT OF THE SERVICES TO BE PROVIDED HEREOF, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STATWING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STATWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH USE OF THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Neither you nor Statwing is an agent, representative, employer, employee, or partner of the other. This Agreement sets forth the entire agreement between you and Statwing. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any notices or other communications permitted to required hereunder, including those regarding modifications to the Integration Terms of Service, will be in writing and made by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision contained in these Integration Terms of Service is determined to be unenforceable in any respect, then such provision will be severed and the remaining provisions of these Integration Terms of Service will remain in full force and effect. You may not assign or transfer these Integration Terms of Service, by operation of law or otherwise, without the prior written consent of Statwing. Any attempt by you to assign or transfer these Integration Terms of Service, without such consent, will be null and of no effect. Statwing may assign or transfer these Integration Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Integration Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
You further agree to ensure that each User using the Services via the Integration is promptly and prominently notified that their use of the Services is subject to the following Integration User Terms of Service and to Statwing’s Privacy Policy.
Dated: October 2013
Welcome to Statwing, Inc. (“Statwing”, “we”, “our”, or “us”). By using or accessing the Statwing website (the “Site”), any application program interfaces (the “API”), or our applications, tools and other related services offered by us (collectively with the Site and API, the “Services”), you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of our Integration User Terms of Service. The following terms and conditions, including any future modifications to these Integration User Terms of Service, and all guidelines are collectively referred to herein as the “Terms of Service.”
If you are using the Services on behalf of an organization, you are agreeing to these Terms of Service for that organization and agree and acknowledge that you have the authority to bind that organization to this Terms of Service. In that case, “you” and “your” will refer to that particular organization.
If you are using the Services on behalf of a health-care related organization, the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”) safe harbor provision of the Privacy Rule may permit you to upload de-identified data sets, provided you effectively strip the data of any identifiable information. For a brief overview on what constitutes a de-identified data set, please refer to our summary of the HIPAA Privacy Rule’s “Safe Harbor”.
Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Services to share such information with others. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions.
By accessing or using the Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy.
Statwing has the discretion to update these Terms of Service at any time. We will revise the "Updated" date on this page when we make material changes to these Terms of Service. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Services after any such changes shall constitute your consent to be bound by any such changes to the Terms of Service. If you do not agree with the revised Terms of Service, your only recourse is to cease access and use of the Services.
Our Services may integrate with other services on a number of platforms provided by third parties. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Violation of any provision of the Terms of Service may result in Statwing’s restricting your use of the Services. While Statwing prohibits certain conduct and content provided on or through the Services, you acknowledge and agree that Statwing cannot be responsible for the content posted on the Site or the conduct of others accessing and using the Services and that you nonetheless may be exposed to such prohibited conduct or materials. Notwithstanding the foregoing, you acknowledge and agree to use the Services at your own risk.
ALL OF THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
You agree to the following basic terms and conditions:
1. You must be 13 years or older to use the Services. If you are 13 or older, but under the age of 18, then your parent or guardian must understand and agree to the Terms of Service.
2. You acknowledge that if you wish to protect your transmission of data or files to Statwing, it is your responsibility to use a secure encrypted connection to communicate with the Services.
3. The Services may contain links to third-party websites or resources. Statwing does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
4. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
5. You must not, in your use of the Service, collect personally identifiable information from any individual. Personally identifiable information is any information that could be used to identify an individual, such as first and last name, email address, phone number, physical address, social security number or any other information that alone, or in combination with other information, can be used to identify an individual. Statwing is not responsible for the secure transmission or storage of any personally identifiable information provided by any individual in connection with your use of the Service.
Subject to compliance with the Terms of Service, we are granting you a limited, non-exclusive, non-transferable, revocable limited license to access the Services. If you violate the Terms of Service, we reserve the right to terminate your license without notice.
You retain ownership rights to content or data that you contribute to the Services (collectively, “User Content”). By making available any User Content through the Services, you hereby grant to Statwing a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, access, use, copy, adapt, modify, distribute, license, transfer, display, and transmit your User Content solely for the purposes of operating, maintaining, evaluating, and improving the Services.
Statwing offers the Services through the Statwing Public Plan (“Public Plan”) and various levels of private, paid plans (“Paid Plans”). Any User Content provided to the Services via the Public Plan will be publicly viewable. Any User Content provided to the Services via a Paid Plan will be private and not publicly viewable (“Private User Content”).
Statwing may use or distribute the User Content to any third party as may be necessary for the operation, maintenance, evaluation and improvement of the Services (for example, Statwing uploads data to Amazon Web Services for storage). Statwing will not distribute the Private User Content unless explicitly authorized to do so. When you explicitly indicate that User Content may be distributed by Statwing to other users of the Services, you grant other users of the Services the right to access, display, modify, view, and share that User Content.
You agree that Statwing will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. We do not claim ownership of your User Content. We will use your User Content only in accordance with our Privacy Policy.
All User Content is the sole responsibility of the person from whom the User Content originated. You acknowledge that Statwing has no obligation to pre-screen any User Content. However, Statwing has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User Content that is available via the Services. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Statwing in accordance with its Privacy Policy.
We have the right, but not the obligation, to remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the Services. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such content or engages in unacceptable behavior on or through the Services.
Examples of unacceptable content or behavior on the Services include, but are not limited to:
Unfortunately, we cannot control all content posted by third parties to the Services, and as a result, we do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Statwing be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You understand that you must evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content. If you would like to report objectionable materials, you may contact us by email at: contact@statwing.com.
You agree not to in any way contribute to the Services any copyrightable content or other proprietary information without first having obtained prior consent of the owner of the rights to such content and/or information. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify Statwing’s copyright agent, listed below, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work that you claim is being infringed; c) Identification of the material that is claimed to be infringing and where it is located on the Services; d) Information reasonably sufficient to permit Statwing to contact you, such as your address, telephone number, and e-mail address; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Statwing’s designated copyright agent to receive notifications of claimed infringement can be reached as follows:
By mail: Copyright Agent; Statwing, Inc.; 455 Valencia; San Francisco, CA 94103
By email: contact@statwing.com
Statwing owns all right, title and interest in and to the Services and API and all associated intellectual property rights, including but not limited to the look and feel, design, artwork, functionality, and documentation. Unless with the prior express written permission of Statwing, you may not copy, modify, adapt, reuse, sell, resell, exploit, hack or reverse engineer any part of the Services or API, or modify another website so as to imply that it is associated with the Services, Statwing, or any other Statwing service. You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or API.
During the term of your use of the Services via any Paid Plan, you hereby grant to Statwing a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to display your corporate logo (without modification) in any of Statwing’s marketing or promotional materials (“Logo License”). You may “opt out” of the Logo License by contacting us at contact@statwing.com.
You agree to indemnify and hold Statwing, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, employees, and licensors harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your User Content, your use of the Services, your violation of the Terms of Service, your breach of any of the representations, warranties and covenants herein, or your violation of any rights of another.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. STATWING DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STATWING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STATWING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH USE OF THE THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
The Terms of Service, your rights and obligations, and all actions contemplated by the Terms of Service shall be governed by the laws of the California. As a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected with Statwing, shall be resolved through arbitration, with such arbitration to be held in San Francisco County, California.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms of Service is the entire agreement between you and Statwing with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Statwing with respect to the Services. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign or transfer the Terms of Service, by operation of law or otherwise, without the prior written consent of Statwing. Any attempt by you to assign or transfer the Terms of Service, without such consent, will be null and of no effect. Statwing may assign or transfer the Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms of Service, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Headings are for convenience only and have no legal or contractual effect.
If you have any questions about these Integration User Terms of Service, please contact us at contact@statwing.com.
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