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HARKNWA

PRIVACY POLICY

HITRUST CERTIFIED - HIPAA COMPLIANT

This HARKNWA Privacy Policy was adopted [September 2017].

IF YOU ARE UNDER THE AGE OF 13, DO NOT USE OR PROVIDE ANY INFORMATION ON THIS SITE OR ON OR THROUGH ANY OF ITS FEATURES, REGISTER ON THE SITE, USE ANY OF THE INTERACTIVE FEATURES OF THE SITE, OR PROVIDE ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS, OR ANY SCREEN NAME OR USERNAME UNLESS AND UNTIL WE RECEIVE A SIGNED COPY OF THE CONSENT TO COLLECTION, USE AND DISCLOSURE OF YOUR CHILD’S INFORMATION FROM YOUR PARENT OR LEGAL GUARDIAN. 

We respect the privacy of the users of our website, HarkNWA.com (“Site”), which includes the Community Participant Portal, the Community Professional Portal and HarkNotes, the Case Management Portal (individually, a “Hark Portal” and collectively, the “Hark Portals”).  The Site, along with the Hark Portals, is owned and operated by the Center for Collaborative Care and is intended to be used as a social services tool to connect members of the community with services providers.  Your privacy is important to us.  We have developed this privacy policy (this “Privacy Policy”) to describe to you how we collect, use, disclose, transfer and store your information.  As used in this Privacy Policy, “we”, “us” and “our” refers to HarkNWA, and “you” or “your” refers to you, the user of the Hark Portals.  As used herein, (i) Community Participants are individuals registered with the Hark Portal that may seek the services of a Community Professional; and (ii) Community Professionals are community healthcare, housing, education, safety and other human services providers that register with the Hark Portal to provide services to Community Participants.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  By accessing and using this Site, including the Hark Portals and/or submitting Personal Information (described in Collection and Use of Personal Information section below) to the Site and through the Hark Portals, you agree to the terms of this Privacy Policy and when you create an account through the Hark Portals, and throughout the time period that you maintain an account on the Hark Portals, you agree to the Hark Terms and Conditions of Access and Use (the “Hark Terms and Conditions”).  If you do not agree with this Privacy Policy, your choice is not to use the Hark Portals. 

This Privacy Policy applies to information we collect:

It does not apply to information collected by:

Collection and Use of Personal Information

Personal Information is information you submit to us through the Hark Portals that personally identifies you.  Personal Information includes, but is not limited to, your name, postal address, e-mail address, phone number, age, gender, relationship status, physical description and photographic likeness, medical records, and insurance information.  We may collect and use the Personal Information that you submit through the Hark Portals and, consistent with this Privacy Policy and the Hark Terms and Conditions, may disclose, transfer, share or store your Personal Information.  We do not sell your Personal Information. 

You may be asked to provide Personal Information in order to use the Hark Portals.  Except for Personal Information required to access and use the Hark Portals (including, your name and e-mail address), you are not required to provide the Personal Information that we request while you use the Hark Portals; however, if you choose not to do so, in many cases, you will not be able to utilize the Site to its full capability or access all features of the Site or the Hark Portals.  

We may also combine your Personal Information with information of other users or visitors of the Site in order to provide and improve our products, services, features, performance, content, and marketing.  If your Personal Information is combined with the Personal Information of other users and visitors of the Site, it will be combined in a way that it becomes Non-Personal Information (described in Collection and Use of Non-Personal Information section below. 

If you create a profile through the Hark Portals, you are able to control and are responsible for controlling, the privacy settings of your profile on such Hark Portal.  The privacy settings will allow you to select whether you want other authorized users to view or access your Personal Information while using the Hark Portal.  You are responsible for determining whether you want a user (including a Community Participant or Community Professional) to view or access all of your Personal Information.  We strongly encourage you to carefully consider whether you allow other users of the Hark Portals to view or access your Personal Information.  Any information, including Personal Information, that you post or include in your profile on the Site may be publicly available to other users of the Hark Portal unless you review and control your privacy settings.  Regardless, your e-mail address and your password will not be accessible to users or visitors of the Site or Hark Portal, unless you provide your e-mail address or password to other users and visitors through message or other means. 

What Personal Information We Collect

The following is not a complete list, but is meant to provide you with examples of how we may collect your Personal Information:

How We Use Your Personal Information

The following is not a complete list, but is meant to provide you with examples of how we may use your Personal Information:

Collection and Use of Non-Personal Information

Non-Personal Information is information that does not allow us to personally identify you and is not linked to your personal information.  Non-Personal Information does not, on its own, permit direct association with you.  We may take Personal Information that you provide to us and render it non-personal information by removing any information that makes the information personally identifiable of you.  We may also aggregate data of many users of the Site so that individual users’ personal information is no longer identifiable.  Aggregated data is considered Non-Personal Information for the purposes of this Privacy Policy.  We may collect, use, store, transfer, share and disclose Non-Personal Information for any purposes. 

We use Non-Personal Information to analyze inquiries, requests and usage patterns of the Site, to enhance the services we provide and to improve the Site.  We reserve the right to use and disclose Non-Personal Information to third parties at our discretion. 

Cookies and Other Technologies

The Site, and the services available on the Site may use “cookies” and other technologies such as pixel tags and web beacons.  Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website.  We may use both Session Cookies and Persistent Cookies to provide you with a more personal and interactive experience on the Site.  

Session Cookies expire once you close your web browser.

Persistent Cookies stay on your computer until you delete them.  Persistent Cookies can be removed by following the help file directions of your web browser. 

These technologies help us better understand user behavior, and tell us which parts of the Site people have visited.  We treat information collected by Cookies and other technologies as Non-Personal Information; however, to the extent that IP addresses or similar identifiers are considered Personal Information by local law, we treat these identifiers as Personal Information.  We track IP addresses solely in conjunction with Session Cookies to analyze web page flow and to confirm that you reside in Benton, Carroll, Madison or Washington County, Arkansas.  To the extent that Non-Personal Information is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.

Please note, if you disable Cookies, certain features of the Site and Hark Portals will not be available.  

Disclosure of Information to Third Parties

At times HarkNWA may make certain Personal Information available to strategic partners that work with HarkNWA to provide products and services.  When you provide feedback on the Site, the feedback page may be hosted or managed by a third-party service provider.  We also may share your personal information with our software support and maintenance vendors regarding specific issues with your profile, with our Site or the Hark Portals that may need resolution.  We may also share your personal information with our third-party service providers that provide electronic data security to the Site and the Hark Portals (as discussed in the How We Protect Your Personal Information section below).  Personal Information will only be shared by HarkNWA to provide or improve the Site, our services, and products; it will not be shared with third parties for their marketing purposes.   

Community Professionals

Community Professionals that you contact through the Hark Portals are independent, third-parties, over which we exercise no control.  The terms of our Privacy Policy do not apply to external websites of Community Professionals.  Once you leave the Site and/or the Hark Portals, our Privacy Policy no longer applies to information you share outside of the Site and Hark Portals.  We are not responsible for the content of a Community Professional’s website or his/her use of your information once you leave our Site, exit a Hark Portal, or once you share such information with the Community Professional.  If you access a Community Professional’s profile while using the Hark Portal and you click on a hyperlink to the Community Professional’s website, the Community Professional’s website terms of use and privacy practices will control.  We do not endorse the website, services or practices of the Community Professionals that create profiles through the Hark Portal.  You should review the privacy statements for any websites that you visit, whether through a link on our Site, a Hark Portal or otherwise. 

When you use the Hark Portals to request a service from a Community Professional or authorize HarkNWA to provide case management services through the Case Management Portal, you are consenting and authorizing HarkNWA, or any of its related entities or contractors, to share your Personal Information with Community Professionals in connection with your service request.  We do not guarantee that such a service request will be accepted by the Community Professional or that the Community Professional will act on your service request. 

We cannot control how others will use the information that you disclose to them via the Hark Portals, whether by viewing your profile or through messages sent between you and a Community Professional.  The information that you provide via the Hark Portals may be re-disclosed by a Community Participant, Community Professional or other users of the Hark Portal to whom you provide the information.  The services provided by a Community Professional, and any information that you disclose to a Community Professional in requesting, accessing or using the services of a Community Professional are governed by the privacy practices of the Community Professional and laws applicable to such Community Professional.  Once you provide access or use of your Personal Information to a user of the Hark Portals, we make no representations or warranties as to how the user may use or subsequently disclose your Personal Information.  We encourage you to learn about the privacy practices of your Community Professional.  

The Hark Portals allow you to create and manage Care Teams.  Care Teams are groups of Community Professionals with whom you, the Community Participant, establish connections related to the services that you seek or goals that you have set.  When you create or join a Care Team in the Hark Portal, certain Personal Information may be implicitly shared with Care Team members.  For example, if you connect both your psychiatrist or other behavioral health provider and also your dentist to your Care Team, your dentist will be able to see that you are connected with a psychiatrist and may assume that you are being treated for a behavioral health condition.  Consider carefully who you include in your Care Team and what information you share to the entirety of the Care Team.  Likewise, Community Professionals that are subject to the more stringent privacy and security regulations and policies, for example, healthcare providers or educators, acknowledge that each is responsible for its own compliance with applicable privacy and security regulations and policies, including obtaining all required consents to disclose information or to identify an individual as a patient.  We make available certain Universal Consent documents with respect to disclosure of protected health information and education records.  You may access these and save these to your HarkNWA Profile via the File Vault.  We may disclose information in accordance with Care Team connections and the privacy settings of the Community Participant.  Community Professionals should consider what information may be disclosed to other Community Professionals by virtue of their joining or collaborating with a Care Team. 

Others

It may be necessary – by law, legal process, litigation and/or requests from public and governmental authorities – for HarkNWA to disclose your Personal Information.  We may also disclose information about you if we determine that for purposes of national security, law enforcement or other issues of public importance, a disclosure is necessary or appropriate.  In all cases, we will notify you as quickly as practicable before providing any Personal Information, unless we are legally prohibited by law from doing so or we believe in good faith that notifying you may endanger the life of you or someone else, cause serious physical injury to an individual, cause property loss or damage, or hinder a criminal investigation.  

We may also disclose your Personal Information if we determine that disclosure is reasonably necessary to enforce the Hark Terms and Conditions or protect our rights, property, operations or other users.  We may delete your account at any time and without notice if, in our sole discretion, you violate the terms of this Privacy Policy or the HarkNWA Terms and Conditions. 

We do not have a parent company, any subsidiaries, joint ventures, or other companies under common ownership or control, but we may in the future.  We may share some or all of your Personal Information with these affiliated entities.  If we share any of your Personal Information with these affiliated entities, we will require them to comply with this Privacy Policy.  Additionally, in the event of a reorganization, merger, or sale of the Center for Collaborative Care or its assets, we may transfer or assign any and all Personal Information we collect to the relevant third party in accordance with such transaction.   

The Hark Portals allow users to send individual and group messages to certain Community Professionals or Community Participants, as applicable when using the Hark Portal.  You are responsible for any Personal Information that you include in those messages and we cannot control how Community Professionals, Community Participants, or users of the Site use any Personal Information that you disclose through private messages.

How We Protect Your Personal Information

HarkNWA takes the security of your Personal Information very seriously.  HarkNWA has contracted with a third-party that holds a certification from the HITRUST Alliance, to ensure the security of your Personal Information complies with the Health Insurance Portability and Accountability Act of 1996, Security Standards for the Protection of Electronic Protected Health Information.  HarkNWA uses industry standard layering and encryption technology to protect your Personal Information once you submit it to us.  The Personal Information that you submit to the Site is stored in encrypted form.  We also have access controls and network firewalls in place on the Site to protect your Personal Information. 

While we have taken significant steps to protect your Personal Information, we cannot fully eliminate security risks associated with the collection, use, disclosure, transfer, or storage of Personal Information.  The safety and security of your information also depend on you.  Where you have chosen a password for access to certain parts of the Site, you are responsible for keeping your password confidential.  We ask you not to share your password with anyone.  Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Site.  Any transmission to us by you of your Personal Information is at your own risk.  

Integrity and Retention of Personal Information

HarkNWA makes it easy for you to keep and store your Personal Information in an accurate, complete and up-to-date format.  You may modify, correct, change, remove or update the Personal Information that you provide to us at any time as described in the Access of Personal Information section below.  However, even if you modify, correct, change, remove or update your Personal Information, we may retain the Personal Information you previously provided, and we will retain any subsequent Personal Information that you provide to us, for the period necessary to fulfill the purposes outlined in this Privacy Policy and as long as your account is active, unless a longer retention period is required or permitted by applicable law or to enforce or protect our rights and interests under contracts or applicable law.  

You may request that we delete your profile by contacting our webmaster at support@harknwa.com.  Regardless, we may retain your Personal Information as necessary to fulfill our responsibilities under this Privacy Policy or as required or permitted by applicable law.

Access of Personal Information

You can review and change your Personal Information by logging onto the Site and visiting your profile page. 

You may also send us an email at support@harknwa.com to request access to, correct or remove any Personal Information that you have provided to us.  We may not accommodate a request to change information or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

Even if you delete your profile and Personal Information from the Site, copies of your profile or Personal Information may remain viewable in cached and archived pages, might have been copied or stored by other Site users that you granted access to such information, or may be retained as discussed in the Integrity and Retention of Personal Information section of this Policy.

Compliance with State Privacy Laws

The Hark Portals are designed for use by, and for the benefit of, residents of Benton, Carroll, Madison and Washington Counties in Arkansas.  We rely on your representation when you create an account in the Hark Portal that you reside in Benton, Carroll, Madison or Washington County, Arkansas.  We do not intend to collect Personal Information from residents of other states or individuals outside of the four enumerated counties in Arkansas.  If we learn that we have collected Personal Information of a resident of a state other than Arkansas, we will delete the information and the individual’s HarkNWA account. 

Children and Education

We understand the importance of protecting the privacy and safety of children using the Site and services. 

Children under the age of 13 are not permitted to create their own profile on the Site.  An account may only be created for a child under the age of 13 by the child’s parent or legal guardian after the parent or legal guardian creates their own HarkNWA account in the Hark Portal.  Prior to the creation of the child’s HarkNWA account, the child’s parent or legal guardian must review the HarkNWA Collection, Use and Disclosure of Children’s Information Disclosure and agree to the Consent to HarkNWA’s Collection, Use and Disclosure of Your Child’s Information, and Hark’s Terms and Conditions.  We do not knowingly collect personal information from children under the age of 13 without parental or legal guardian consent.  If we learn that we have collected the Personal Information of a child under the age of 13 outside the above circumstances, we will take steps to delete the information as soon as possible.  

When a child under the age of 18 creates an account, we will assign a Community Liaison that the child may contact if they have any questions or concerns related to the Hark Portals or services of the Community Professionals.

In addition, schools that participate as Community Professionals and have obtained consent to disclose the student’s information from the student’s parent or legal guardian may connect to their students in the Hark Portals.  We provide Community Participants the opportunity to complete the Universal FERPA Consent to Disclosure of Education Records.  However, Community Participants are not required to complete these forms.  By using the Hark Portals, Community Professionals that are obligated to comply with the Family Educational Rights and Privacy Act acknowledge that the Community Participant has provided the Community Professional with the HarkNWA Universal FERPA Consent to Disclosure of Education Records or that the Community Professional has obtained all required consents from the necessary individuals to disclose information to us and through the Hark Portals and such consent permits us to re-disclose any such information consistent with this Privacy Policy and the HarkNWA Terms and Conditions.

Our Commitment to You

To make sure your Personal Information is protected, we communicate our privacy guidelines, including this Privacy Policy, to HarkNWA employees and strictly enforce privacy safeguards within HarkNWA.

Updates to the Privacy Policy

We may update this Privacy Policy from time to time.  When we change this Privacy Policy in a material way, a notice will be posted on the Site along with the updated Privacy Policy.  If at any time you object to any information in this Privacy Policy and any updated Privacy Policy, you may immediately cease using the Site.  Continued use of the Site following notice of any material changes to the Privacy Policy will indicate your acknowledgment and acceptance of such changes.  

Contact Us

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

 HarkNWA.com

support@harknwa.com

Hark Terms and Conditions of Access and Use

HITRUST CERTIFIED - HIPAA COMPLIANT

To promote improved healthcare to the community, the Center for Collaborative Care, along with its affiliates and subsidiaries (collectively, the “Center”), has established this Internet portal (“Hark Portal”) through which You and community healthcare, housing, education, safety and other providers (“Community Professionals”) may connect, communicate and interact for the purpose of collaborating on behalf of You and/or Your dependents care plan(s). By clicking the box below, You confirm that You have fully read, understand and agree to the Hark Terms and Conditions of Access and Use (“Terms of Use”). If You do not agree to the Terms of Use, You will not be permitted to use the Hark Portal and its products and services. Throughout the Terms of Use, the Center for Collaborative Care is referred to as the “Center”, “We” or “Us.” Individuals accessing or using the Hark Portal are referred to as “You”, “Your”, or “User(s)”.

Hark Portal Services

The following services are offered through the Hark Portal:

ANY AND ALL SERVICES YOU REQUEST FROM A HEALTHCARE PROVIDER THROUGH THE HARK PORTAL MAY BE SUBJECT TO CERTAIN RESTRICTIONS OR LIMITATIONS OF YOUR INSURANCE PROVIDER AND, UNLESS EXPRESSLY IDENTIFIED AS PRO BONO SERVICES, YOU WILL BE RESPONSIBLE FOR ALL CHARGES BY ANY COMMUNITY PROFESSIONAL FOR SERVICES RENDERED THAT ARE NOT COVERED BY YOUR INSURANCE PROVIDER.

Your Account Profile, User ID and Password 

In connection with Your access and use of the Hark Portal, You must create a personal profile account. You may only provide information that You own or have the right to use or disclose when You create, transmit, or display health or any other information while using the Hark Portal. You represent and warrant that all information You provide or supply to the Center through the Hark Portal, including without limitation, information contained in Your personal profile, is accurate and complete and you have all authority required by law to provide such information. You are responsible for maintaining the confidentiality of all User identification, password and other confidential information relating to the use of Your account and are fully responsible for all activities that occur under Your account. Except as otherwise provided herein or the Privacy Policy [hyperlink Privacy Policy], You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) accesses Your account. You must promptly notify the Center by contacting support@harknwa.com of any unauthorized use of or access to Your Hark Portal account. We assume no responsibility or liability for any information that You transmit, receive from or submit to the Hark Portal, or for any use or misuse by You or third parties who You authorize. 

Use Rights and Restrictions

Subject to the terms and conditions outlined in these Terms of Use, the Center grants to You a personal, revocable, non-assignable, non-sublicensable, and non-exclusive limited right to (i) use the Hark Portal and (ii) access and view all content provided, made available or otherwise accessible via the Hark Portal. Except as expressly authorized by the Center, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Hark Portal, in whole or in part. You may download and reprint a single copy of the materials from the Hark Portal for Your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Hark Portal in any manner or form, or to use modified versions of the Hark Portal, including (without limitation) for the purpose of obtaining unauthorized access to the Hark Portal. You agree not to access the Hark Portal by any means other than through the interface that is provided by the Center for use in accessing the Hark Portal. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Hark Portal, merge the Hark Portal into other program material, nor shall You otherwise create or attempt to obtain the source code of the Hark Portal. 

User Submission of Information

By clicking the box below, and to the extent you submit information and content (“User Information”) through the Hark Portal while accessing and using the Hark Portal, You represent that You have the full legal right to provide the User Information and that use of the User Information by the Center and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of Your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, indecent, or embarrassing, or harm minors in any way, or disclose to any third person any private or personal matters concerning any person, all of which User Information shall be determined by the Center in its sole discretion; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; (i) post, transmit, or distribute advertisements, promotions, or solicitations without the prior written approval of the Center; or (j) constitute disclosure of any confidential information owned by any third party.

The Center may remove, in the Center’s sole discretion, any User Information from the Hark Portal for any reason or no reason, including (without limitation) User Information that is libelous, incorrect, spiteful, or otherwise inappropriate. The Center shall not be responsible for changes, modifications, or removal of any User Information that You submit to the Hark Portal. If You believe that any content or postings on the Hark Portal violates Your intellectual property or other rights, please submit a complaint to support@harknwa.com

To the extent permitted by applicable law, You grant to C3 a non-exclusive, perpetual, enterprise-wide, royalty-free, enterprise-wide license and in all forms and all media (including derivative works), to use the User Information submitted by You in such manner that is consistent with this Agreement, the Hark Portal services and to permit C3 to comply with applicable law. 

Proprietary Rights

All works of authorship, information, content, functional components, and material appearing on or contained in the Hark Portal (“Portal Materials”) are protected by law, including, but not limited to, United States copyright law. Except as explicitly stated on the Hark Portal, the entirety of the Portal Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, images, text, forms, and look and feel attributes) are the Center’s copyrighted works, all rights reserved, or the copyrighted works of the Center’s affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Portal Materials is strictly prohibited. Any commercial use of any Portal Materials, in whole or in part, without the prior written consent of the Center, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Portal Materials or any other proprietary information of the Center, without the Center’s advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Hark Portal are proprietary to the Center or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.

To the extent permitted by applicable law, You grant to C3 a non-exclusive, perpetual, enterprise-wide, royalty-free, enterprise-wide license and in all forms and all media (including derivative works), to use the User Information submitted by You in such manner that is consistent with this Agreement, to provide you services through the Hark Portal and to allow C3 to comply with applicable law.

Privacy Policy

The Center has a privacy policy (“Privacy Policy”) that sets forth the Center’s privacy obligations and standards with respect to the Hark Portal. The Privacy Policy can be accessed by visiting Harknwa.com, and is incorporated into these Terms of Use by reference, as if set forth fully herein. Any changes to the Privacy Policy will be automatically incorporated into the Terms of Use, effective upon posting of such changes.

Disclaimer 

ANY INFORMATION CONTAINED IN THE HARK PORTAL OR PROVIDED THROUGH THE HARK PORTAL IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE CENTER WILL REGARD ALL ACCESS TO AND USE OF THE HARK PORTAL AS VOLUNTARY AND AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED HEREIN, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, APPLICATION OR OTHER MATERIAL PROVIDED ON OR THROUGH THE HARK PORTAL PROVIDED BY A COMMUNITY PROFESSIONAL. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, APPLICATION OR OTHER MATERIAL PROVIDED BY USING THE HARK PORTAL GENERALLY. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, WE DISCLAIM AND MAKE NO WARRANTY OR GUARANTEE THAT THE HARK PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

YOU UNDERSTAND THAT COMMUNITY PROFESSIONALS LISTED IN THE HARK PORTAL ARE GEOGRAPHICALLY LIMITED TO THE BENTON, WASHINGTON, MADISON AND CARROLL COUNTIES OF ARKANSAS.  WE DO NOT WARRANT OR GUARANTEE THE COMMUNITY PROFESSIONALS WILL BE AVAILABLE OUTSIDE OF THE FOREGOING 4 COUNTIES OR WILL PROVIDE SERVICES ELECTRONICALLY THROUGH TELEMEDICINE/TELEHEALTH OR OTHER MEANS.  

Limitations of Liability

THE CENTER AND ITS LICENSORS ACKNOWLEDGE THAT THESE TERMS OF USE PROVIDE YOU THE ABILITY TO ACCESS INFORMATION, WHETHER CLINICAL OR OTHER, AND THAT THE CENTER AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR TO OTHER THIRD PARTIES FOR INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF INCORRECT CLINICAL DECISIONS OR ADVERSE PATIENT OUTCOMES, AND ANY BREACH OF ANY TERM OF THESE TERMS OF USE (INCLUDING MISUSE OF THE HARK PORTAL OR CARELESS USE OF ELECTRONIC DEVICES SUCH AS LOSS OF SUCH DEVICES) OR WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS OF USE WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND THE CENTER’S AND ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU HEREUNDER, IF ANY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW.

THE CENTER HAS NO RESPONSIBILITY FOR ANY ACTION TAKEN BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY HEALTH CARE RECEIVED BY YOU IN RELIANCE OF ANY COMMUNICATION FACILITATED BY USE OF THE HARK PORTAL AND THE APPLICATIONS MADE AVAILABLE THEREIN; UNAUTHORIZED ACCESS TO OR USE OF THE HARK PORTAL FROM YOUR ELECTRONIC DEVICES; THE UNAUTHORIZED DISCLOSURE OF PATIENT INFORMATION BY ANYONE ACCESSING OR USING YOUR DEVICE OR COMPUTER(S); OBTAINING PROPER CONSENTS, RELEASES AND/OR AUTHORIZATIONS FOR YOU TO USE THE HARK PORTAL, AND TO FACILITATE ELECTRONIC COMMUNICATION OF PERSONALLY IDENTIFIABLE PATIENT INFORMATION BETWEEN YOU AND A COMMUNITY PROFESSIONAL.

Communications

By clicking the box below, and while accessing and using the Hark Portal, You authorize communication of patient or other identifiable or non-identifiable information through use of the Hark Portal from and with any and all individuals and entities, including Community Professionals, that You connect, communicate or interact with while using the Hark Portal. The Center does not guarantee that any request for assistance or to connect with Community Professionals will be accepted or acted upon by a Community Professional. You acknowledge that the Hark Portal is intended for communication and interaction between You and Community Professionals; that any unintended or unauthorized use by You to communicate confidential patient information may compromise the security of the patient information; and that You will be responsible and liable for any such unauthorized disclosure.

YOU SHOULD NOT USE THE HARK PORTAL TO COMMUNICATE WITH A COMMUNITY PROFESSIONAL IN URGENT SITUATIONS.  FOR ALL URGENT MEDICAL MATTERS, CONTACT YOUR PHYSICIAN'S OFFICE DIRECTLY, OR GO DIRECTLY TO AN EMERGENCY ROOM OR CALL 911.  

SMS Messaging

In the event SMS messaging services are offered through the Hark Portal, You can opt in to receive SMS messages (e.g., text messages) on Your mobile device regarding certain activities, including the scheduling of appointments, in connection with Your account. There are no premium charges for receiving SMS messages; however, standard message and data rates may apply.

To opt-out of receiving messages from the Hark Portal, you must log into Your Hark Portal account and follow the instructions therein.  If You have sent a command in the Hark Portal to opt-out and have questions about whether it has been processed, please send an e-mail to support@harknwa.com.

Feedback

The Center welcomes Your feedback and suggestions about how to improve the Center’s services and the Hark Portal, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, “Submissions”). Such Submissions can be sent to info@Harknwa.com. C3 alone (and its licensors, where applicable) will retain all intellectual property rights relating to Submissions, which are hereby assigned to C3. Further, the Center is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.

Connected Devices 

Use of the Hark Portal may (i) require compatible devices (e.g., personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plans with necessary wireless data features; (ii) require periodic updates; and (iii) be affected by the performance of the factors set forth herein. Your use of mobile device features may result in increased charges from Your wireless carrier.

Modifications and Updates

The Center reserves the right to modify, amend and update these Terms of Use at any time by posting amended Terms of Use on the Hark Portal. You acknowledge and agree that it is Your responsibility to review these Terms of Use from time to time and to be aware of any such changes. Your access and use of the Hark Portal after such posting constitutes acceptance by You of the revised Terms of Use.

Indemnification

You agree to release, indemnify and hold the Center, and its directors, officers, physicians, employees, agents and third party licensors harmless from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, with respect to (a) any and all injury, disability, death or damage to property (tangible or intangible) arising from or relating to Your use of the Hark Portal; (b) any infringement or violation of any intellectual property rights arising from or relating to Your use the Hark Portal (including any content or information You provide and/or transmit through the Hark Portal); and (c) any breach of Your representations or obligations under these Terms of Use.

Governing Law

These Terms of Use are entered into between You and the Center in the State of Arkansas, are performed within the State of Arkansas and governed by and shall be construed in all respects under the laws of the State of Arkansas, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under these Terms of Use or related to Your use of the Hark Portal, You irrevocably agree to submit to the exclusive personal jurisdiction of the state courts located in Benton County, Arkansas or the federal courts located in Washington County, Arkansas. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of these Terms of Use are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Rights, Remedy, and Termination

The Center may, in its sole discretion, terminate Your access to the Hark Portal, or any portion thereof, or discontinue providing the Hark Portal, or any portion thereof at any time. The Center may, but is not required to, notify You that You have breached these Terms of Use and Your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy the Center may have available at law. Further, the Center shall not be liable to You or any third party in any way for any such termination or discontinuance. 

Third Parties

Parties other than the Center, including Community Professionals, may provide information, products or services on the Hark Portal. Use of the Hark Portal and the Portal Materials and any other material or content on and made available through the Hark Portal is entirely at Your own risk. The Center expressly disclaims any and all responsibility for or related to the information, products or services provided by or advertised by these third parties or the transactions You conduct or enter into with these third parties. Additionally, the Hark Portal may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. The Center expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third party sites. The Center reserves the right, in its sole discretion at any time, to deny any request, or rescind any permission granted, to link to the Hark Portal and to require termination of any such link to the Hark Portal. The availability of links from the Hark Portal to third party sites are not, and should not be construed as, an endorsement of these third party sites.

Complaints, Comments and Questions

Complaints, comments or questions regarding the Hark Portal should be sent to:

support@harknwa.com

General Provisions

These Terms of Use constitute the entire agreement between You and the Center and govern Your use of the Hark Portal. These Terms of Use supersede any prior agreements between You and the Center relating to the access and/or use of the Hark Portal. A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use. The failure of the Center to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 

Emergent Events Policies and Procedures for Individuals

This HARKNWA Emergent Events Policies and Procedures for Individuals was adopted 10/19/2017

Emergent events included but are not limited to: suicidal plans or ideation, homicidal plans or ideation, domestic violence incidents, feeling threatened or not safe, incidents of rape and sexual assault. If you become aware of an emergent event, please follow the process below.

In the case of an emergent situation:

  1. If at any time you feel unsafe, or that others around you are unsafe, please call 911 immediately to report the situation or visit the nearest hospital emergency room.
  2. Notify your Community Liaison and/or all providers connected to your care via Hark of the emergent situation.
  3. If you do not have a Community Liaison, please request one HERE and notify them of the emergent situation. They will be happy to assist you with the coordination of care throughout the emergent situation.

 

Emergent Events Policies and Procedures for Providers

This HARKNWA Emergent Events Policies and Procedures for Providers was adopted 10/19/2017.

Emergent events included but are not limited to: suicidal plans or ideation, homicidal plans or ideation, domestic violence incidents, feeling threatened or not safe, incidents of rape and sexual assault. If you become aware of an emergent event, please follow the process below.

In the case of an emergent situation:

  1. Implement your existing organizational policies when at all possible, as authorized by your business associate terms. This should be your first line of defense.
  2. If your organizational policies do not apply to the situation at hand, call 911 immediately to report the situation.
  3. Please alert other connected providers via Hark of the emergent situation.
  4. In the event of an emergent situation coming to our attention, Hark will call 9-1-1, notify the direct providers connected (via Hark) of the emergency, and set up action steps to both immediately aid and accommodate current and after care for the parties involved in the emergent situation.
  5. When needed, Hark will assign a Community Liaison to assist in the coordination of services throughout the emergent situation.