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Last revised: November 26, 2019
Purpose. The Tell Our Stories mobile application (the “Mobile App”) is designed to promote positive, joyful stories about senior caregiving. The purpose of these Terms of Use & Privacy Policy is to describe appropriate use of this application and explain how Direct Supply, Inc. collects, uses and shares information about you through the Mobile App. Your access to and use of the Mobile App are subject to these Terms of Use & Privacy Policy. If you do not agree to these Terms of Use & Privacy Policy, do not download or use the Mobile App.
Please read this information carefully to understand your obligations when using this Mobile App and to understand what we do with information you may submit through the Mobile App. If you do not understand or have questions regarding these terms, please feel free to Contact Us or as described at the end of these terms.
Our Privacy Policy explains:
Information We Collect and Why We Collect It
How We Use and Share Your Information
Access to Your Information and Choices
Security of Your Information
Questions and How Contact Us
Scope; Third Party Sites. These Terms of Use & Privacy Policy applies only to information we collect at and through the Mobile App. Our website and other mobile applications we offer are be governed by their own separate terms which are set forth therein. The Mobile App allows for the posting of your content on the Facebook® platform which is not owned or controlled by Direct Supply, Inc. Please be aware that we are not responsible for the privacy practices of other websites or applications. We encourage you to read the privacy statements of each and every website and/or mobile application that you use that collects personal information.
Your Content & Restrictions. The Mobile App was created to help promote positive, joyful stories about senior caregiving by allowing for such stories to be posted on the Facebook® platform. Your use of the Mobile App must be consistent with this purpose. For instance, do not use the Mobile App for obscene, offensive, or abusive content. Do not include any logos, watermarks, calls-to-action or other promotional content or any content that infringes upon the rights of any third party. Ensure you own or secure all rights to display, distribute and deliver your content. You represent and warrant that any content you provide in connection with your use of the Mobile App is true, accurate and complete. All content should comply with applicable laws, including without limitation, the Health Care Portability & Accountability Act (“HIPAA”). We reserve the right to remove any content you may post in our sole discretion.
Liability Disclaimer
THE MOBILE APP IS SUBJECT TO CHANGE AND ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY THAT MOBILE APP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NONINFRINGEMENT. NEITHER DIRECT SUPPLY, NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO USE OF OR INABILITY TO USE OR ACCESS THE MOBILE APP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MOBILE APP IS TO STOP USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless Direct Supply and its affiliates, subsidiaries, employees, officers, directors and agents from and against all claims and damages (including without limitation attorneys’ fees) arising out of your use of the Mobile App, any violation of these Terms of Use & Privacy Policy, or any allegation that your content infringes or violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Revisions to Terms of Use
We may, at any time, without notice, revise these Terms of Use & Privacy Policy by updating this posting or sending notice to you. You are bound by such revisions and we encourage you to periodically visit this page to review the current Terms of Use & Privacy Policy. We reserve the right to modify or discontinue this Mobile App.
Termination
You understand and agree that we may terminate your access to or use of the Mobile App at any time for any reason, without prior notice to you. We will not be liable to you or any third party for terminating your access to and use of the Mobile App.
Certain state law(s) may permit residents to request certain details about how their information is shared with third parties for direct marketing purposes. We permit such residents to opt out of having their information shared with third parties for direct marketing purposes. To opt out, please contact us at info@directsupply.com.
We respect the intellectual property of third parties and we ask that users of our Mobile App to do the same. If you believe in good faith that content on the Mobile App infringes your copyright, please provide us notice by mail to the following address: Direct Supply, Inc., Attn: Legal Counsel, 6767 N. Industrial Road, Milwaukee, WI 53223. You may also email us at LegalTeamRequest@directs.com. Your notice should include the requirements outlined in the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (see http://www.copyright.gov/ for more information).
These Terms of Use & Privacy Policy and your use of the Mobile App are governed by the laws of the State of Wisconsin, USA, without regard to its choice of law provisions. The courts of Milwaukee County, Wisconsin, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use & Privacy Policy and/or the Mobile App. If any provision in these Terms of Use & Privacy Policy is found unenforceable, that provision will be deemed severable from these Terms of Use & Privacy Policy and will not affect any remaining provision.
Information You Provide To Us. We collect certain personal information when you provide it to us, such as when personally identifiable information is voluntarily provided when you use the Mobile App, register for an account, and when you electronically communicate with us. This information may consist of the following: your name, address, telephone number, your e-mail address, and the content you load to the Mobile App. The information you voluntarily supply will be used by the Mobile App to respond to your inquiries and supply you with requested information on the Mobile App services. Your information is considered private and confidential and treated with the strictest confidence. We will not sell any of your private information to any third party.
Information We Collect Automatically. We collect certain information automatically as you use the Mobile App, such as general non-personal information used to help improve the Mobile App. This may include items such as: usage information and device information such as the device you use to access the Mobile App, including the hardware model, operating system and version, MAC address, and unique device identifier. In addition, the Mobile App may access your device’s image storage applications, with your consent, to facilitate your use of certain features of the Mobile App. For more information about how you can control our access to these applications, please see “Your Choices” below. To administer the collection of non-personal information, authorized third parties may be utilized by the Mobile App to collect, track and process the general non-personal information described.
Information Collected Through Cookies and Similar Technologies. We and our service providers may also use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with the Mobile App. A cookie is a small file containing a string of characters that is sent to your device when you use the Mobile App. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing relevant information to you.
No Information From Children Under Age 13. If you are under the age of 13, please do not attempt to register with us at the Mobile App or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please Contact Us.
To Provide Products, Services, and Information. As described above, we collect information from you so that we can communicate with you, and provide and deliver the information and services you have requested. We may provide information to third party service providers that help us make your content available.
We may use third parties to help host the Mobile App, send out email updates about the Mobile App and the Mobile App, provide marketing and advertising services for us, and remove repetitive information from our user lists. These service providers will have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
The Mobile App, from time to time, may contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information is not transferred to the third party. The Mobile App may share data with trusted partners to help perform statistical analysis, send you email or mail, provide customer support, or as otherwise required to deliver the requested services. All such third parties are prohibited from using your personal information except to provide these services to the Mobile App, and they are required to maintain the confidentiality of your information.
Except as set forth in this Privacy Policy, we do not share, rent, license, or sell your personal information to third parties.
Third Party Apps and Sites. You are able to connect your Mobile App account to third party accounts, for example by signing in with Facebook, or by posting or sharing with such third party sites, such as Facebook, Twitter, and Instagram. BY CONNECTING YOUR MOBILE APP ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. We may help you disconnect your account from third-party websites if you Contact Us.
Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of the Mobile App when we have your consent to do so.
Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of the Mobile App if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: (a) meet any applicable law, regulation, subpoena, legal process or governmental request; (b) enforce applicable Terms, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against harm to the rights, property or safety of the Mobile App, our users, clients, or the public as required or permitted by law.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business, the Mobile App, or the Mobile App to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.
You can access and update certain information we have relating to your the Mobile App account by signing into your account and going to the profile section of the Mobile App. If you have questions about personal information we have about you or need to update your information, of if you want to opt-out of receiving marketing and promotional e-mails from the Mobile App, you can
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through the Mobile App are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
You may contact the Mobile App regarding these terms, or with respect to any other comments or questions at: