Last updated and effective as of: February 15, 2019
In this Policy we explain how we collect, use, store and secure personal information submitted through our site, including:
- How we collect information to register you and provide service matching clinicians with providers and employers
- How we use third parties to help supplement what our licensed provider users submit
- How we use physical, administrative, and technical means to secure data you provide to us.
Please read our full policy for the details.
What We Collect
When you visit the Site, we log and store your IP Address and technical information about your visit like your browser type and how you progressed through the Site, where you abandoned it, etc. ("Usage Data"). We and our third party analytics providers may also collect Usage Data in connection with your use of the Services.
As a Site visitor, we place a small piece of software referred to as a "cookie " on your computer to help us collect this Usage Data. Our site uses session cookies to facilitate your current visit.
If you use the Services and create an account, we also use a persistent cookie to recognize you on return visits and expedite the login process. These cookies will last sixty days by default. You can remove this and other cookies through your browser preferences menu, though the exact method varies depending on the type of browser you use. - Note that you will have to log into our service again each time you visit the Site if your cookies are disabled or cleared.
We do not store personal information in these cookies, and we do not use third party cookies with the exception of our business analytics functions.
When you Sign Up for Enzyme, you will provide us with your email address and identify whether you are a clinician looking for jobs or a company hiring clinicians. You may also provide other information while using the platform that helps us match you to a suitable job. In each case, we use your email to identify your account on our systems.
If you are a clinician, you provide us with your NPI number and we use a third party service to gather information that is publicly associated with that NPI to partially populate your profile on our systems, including our name. You will supply your location and resume in PDF form.
If you are seeking to hire clinicians, you'll provide your first and last name, company name, company website, what type of roles you want to hire, and about how many such roles you want to fill each month. We use this information to identify and display candidates who might be a good fit for your needs, and we don't share it with any third parties unless you elect to hire a clinician through our platform.
Any such information gathered during the sign up process is referred to in this Policy collectively as "Account Information."
How We Use Your Information
We use your Account Information to deliver, maintain, optimize, and improve the services we deliver to you through the Site. Specifically, we use this information to create and populate either a clinician or company profile that helps match clinicians to roles where they appear to be a good fit, allow you to request a connection, and otherwise facilitate that connection.
Usage Data helps us monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site, diagnose or fix technology problems, and otherwise plan for, improve and enhance our Site or our business operations. We may associate Usage Data we automatically collect with your other information if you become a user of the Services, particularly through analytics software.
We will display the Account Information you input into a profile on the Site where other users can connect with you. We also use Account Information to populate an anonymized notice to new visitors on our website that someone has recently signed up from a new location, and this displayed address location is determined based on your IP Address.
We use both internal analytics and third party analytics tools, and these analytics functions will reference, collect, and process both Usage Data and Account Information. We also use a third party tool to manage email campaigns that will send you messages following signup to help manage your account, show you opportunities to get more benefits from our platform, and send you offers that may be of interest.
Usage Data and/or Account Information may be de-identified (according to our best efforts) and used (i) to create reports about our user behavior, to run analytics, to improve our platform efficacy and accuracy, and other similar internal reporting and analysis functions (including creating and sharing anonymized reports) or (ii) to make aggregate market reports to the public about the use and function of our services and the market in which we operate, provided that such aggregate reports will not reference any identifiable individual user of our services.
How We Share Your Information
We may share Usage Data, in the aggregate, with our third party service providers in the course of our operations, with affiliates of our business, investors, and vendors who help us provide the infrastructure that supports your usage. We may also engage third parties to help us improve our business, such as analytics providers, and such parties may have access to aggregate or individual Usage Data.
We do not share your Account Information other than as described in this Policy. We may share users' Account Information with:
- Other companies owned by or under common ownership with us (i.e., any organization we own or control) or our ultimate holding companies (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
- Third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include providing cloud storage or hosting services, marketing assistance, email delivery, or providing analytics services. We share personal information with these third parties as needed to perform services for us and under reasonable confidentiality terms;
- Third parties upon your request. For example, you may be listed on a job board of candidate matching an employer's search criteria or, as an employer, have your name and company information shown to clinicians seeking who may want to work with you;
- Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and
- Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Service, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Enzyme, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues. We may also share information with others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.
Storage, Security and How to Remove Your Information
As with most software platforms today, we store data in a cloud-based datastore. This datastore service provides default encryption of data both in transit and at rest with private key encryption. Accounts with cloud vendors, including private keys, are accessible only to manager-level employees, whose account security is managed through a third party secure authentication service. Employee access to our servers is protected by security keys as well as two-factor authentication. Access to servers that store personal information is limited to Employees who have a need to access such information to operate our Services.
We store user Personal Information on servers in the United States under the control of our third party service provider in a multiple databases under that providers' direct control. While we reserve the right to change service providers, we currently engage with a provider ("Hosting and Security Provider") who (i) collects operational information such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics and (ii) employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure.
Each site is staffed 24/7/365 with on-site physical security to protect against unauthorized entry. Access to these data centers requires an application and approval for access, and any such access is limited to what necessary for that employee to serve its legitimate business function.
Your activity on the Site does not allow us to recognize or acknowledge Do Not Track signals, though our registration process and services are secured according to specific contractual promises. Do not transmit any sensitive or personal information using the Site other than as directed to enter into a subscription or trial with us.
Deleting Your Account. Personal Information is deleted from our systems upon a user request. Users can make such a request by sending a message to [email protected] expressly requesting such deletion. If deletion is requested, account information is deleted immediately form our local servers, but it may take up to sixty days to clear such personal information from backup storage. After this period, we will remove Personal Information from our records in any way practicable, though we retain certain non-identifiable, anonymized usage information about your behavior and interactions while using our service, backup copies of certain of our data, and other de-identified information about your account activity notwithstanding any such deletion. Our service cannot operate without using your Account Information.
Your California Privacy Rights
If you are a California resident:
At any time, you may email [email protected] for more details about what personal information a business has collected about them, where it was sourced from, what it is being used for, whether it is being disclosed or sold, and to whom it is being disclosed or sold - though we do not sell, nor do we plan to sell, Personal Information about our users. Your inquiries will not affect your ability to receive equal service and pricing from us.
California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Enzyme to third parties for the third parties' direct marketing purposes. We do not currently sell data to third parties for marketing purposes. If you have questions about our Shine the Light compliance, please contact us at the email or address listed below.
Third Party Links
The Site may, from time to time, contain links to and from third party websites of our company account users. If you follow a link to any of these websites, please note that these websites have their own terms of service and privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.
Minors under 13 are not permitted to use our Site. We do not intentionally collect information from minors under 13. If you believe we have collected any personal information from a child younger than 13 years of age, please notify us immediately at [email protected] and we will do anything reasonably possible to remove that information from our systems.
Contact Us and Accessing Your Information
If you have any questions about our privacy practices, or if you wish to remove any of your personal information from our records please contact us at either:
In both cases, you will reach our dedicated privacy chief. Note that we do not have identifying information on file for most users. We can only remove personal information actually in our possession.
Updates to this Policy
If we update this policy and make material changes to it, as determined in our sole discretion, we will email our users and inform them of the update. You must check this policy periodically for minor changes, which may be made without notice at any time.
© 2019 Enzyme Health, Inc.
Effective: May 16, 2018
1. Agreement to the API Terms.
By registering a software application, website, or product you create or service that you offer (a “Developer Application”), you agree to be bound by the API Terms. You must read, agree to, and accept all of the terms and conditions contained in the API Terms in order to use the Enzyme API. Additionally, you agree to and accept the Enzyme Terms of Service, available at https://www.enzymehealth.com/legal#api-terms-of-use. If you disagree with any of the terms of the API Terms or the Enzyme Terms of Service, Enzyme does not grant you a license to use the Enzyme API. If you are using the Enzyme API on behalf of a company or any other entity, you represent and warrant that you have full legal authority to register a Developer Application on behalf of that entity and bind it to the API Terms and the Enzyme Terms of Service. If you are not authorized, you may not accept the API Terms or register a Developer Application for someone else.
Capitalized terms not defined in the API Terms have the meanings given to them in the Enzyme Terms of Service. * Enzyme API. A set of web-based services providing programmatic access to Enzyme systems and data, together with all updates, revisions, and copies thereof. This also includes any associated tools and documentation that Enzyme makes available under the API Terms. * Enzyme Content. Any data, content, or executables of or associated with the Enzyme API or Site Services (as defined in the Enzyme Terms of Service). This includes all Enzyme User Data. * Enzyme User Data. Any content, information, and other data about persons who use the Enzyme services received or collected by Developer through any instance of the Developer Application, the Enzyme API, or otherwise in connection with the API Terms.
3. Developer’s Use of the Enzyme API.
4. API License.
- Using the Enzyme API. As part of the API Terms, Enzyme grants you a non-exclusive, non-transferable, and non-sublicensable (except as expressly permitted herein) license to use the Enzyme API solely to do the following and subject to the restrictions set forth in the API Terms:
- Enable your Application to interact with Enzyme’s databases to retrieve information necessary to facilitate your own or Your Users’ use of the Site and Site Services through your Application;
- Make limited intermediate copies of Enzyme Content only as necessary to perform activity permitted under the API Terms. You must delete all intermediate copies when they are no longer required for the purpose for which they were created;
- Rearrange or reorganize Enzyme Content within your Application; and
- Display in your Application Enzyme Content consistent with this Agreement.
- Access Credentials. Enzyme will provide you with Access Credentials that permit you to access the Enzyme API. The Access Credentials are the property of Enzyme and may be revoked if you share them with any third party (other than as allowed in the API Terms), if they are compromised, if you violate the API Terms or the Enzyme Terms of Service, or if Enzyme terminates the API Terms. *API Call Limitations. The number of API calls you will permitted to make during any given time period may be limited. Enzyme will determine call limits based on various factors, including the ways your Application may be used or the anticipated volume of use associated with your Application. Enzyme may, in its sole discretion, charge you for API calls that exceed the call limits or terminate your access to the Enzyme API in accordance with Section 17 (Suspension and Termination). Unused calls will not roll over to the next day or month, as applicable.
At its discretion, Enzyme may require or offer Certification for certain Applications. Certification will consist of confirmation by Enzyme or a third party it designates that your Application’s technology complies with the API Terms and the Enzyme Terms of Service. You will be responsible for all costs associated with certification and any modifications necessary to meet the certification requirements and you may not be permitted to access the Enzyme API in certain cases until certification is complete. At Enzyme’s discretion, future modifications of your Application or use or display of Enzyme Content may be subject to re-certification. If Enzyme requires certification, your failure to maintain certification is cause for immediate termination of the API Terms.
6. Data Use.
- Obligations to Enzyme. Developer may only use, disclose, and otherwise process Enzyme User Data in accordance with the written instructions of Enzyme and applicable laws, rules and regulations.
- Prohibited Uses. Developer will not:
- Use Enzyme Content for any purpose except to the extent necessary for (1) the purpose of processing and supporting a specific transaction for the applicable Enzyme user or (2) the purpose of providing services to Enzyme. *Use Enzyme Content for any research or publication purpose without prior written consent and a license from Enzyme to research or publish, as applicable, Enzyme Content.
- Use Enzyme Content for any other purpose (e.g., for Developer’s own benefit or for the benefit of any other entity or person).
- Use Enzyme Content for user profiling purposes or for advertising purposes.
- Sell, lease, sublicense, or otherwise transfer, directly or indirectly, Enzyme Content to any third party.
- Augment, commingle, or supplement Enzyme Content with personally identifiable or confidential information (including any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device) from any third-party source.
- Use the user identification or authentication codes connected to any Enzyme user to disclose information related to that user to any third party.
7. Data Storage.
Except as provided in the API Terms, Developer may not copy or store any Enzyme Content, or any information expressed by or representing Enzyme Content (such as hashed or otherwise transformed data). * Authentication Tokens. Developer may store any Developer Application-specific alphanumeric user identification codes that Enzyme provides to Developer for identifying individual users of the Developer Application or any tokens that Enzyme provides to Developer when an Enzyme user authenticates the Developer Application for the Enzyme user’s account. * Cached Content. Solely for the purpose of improving user experience, Developer may cache Enzyme Content for no more than twenty-four (24) hours. *Deletion. Developer must promptly and securely delete all Enzyme User Data collected from Enzyme users upon request of the Enzyme user, when the Enzyme user deactivates or uninstalls the Developer Application, when the Enzyme user closes their account with Developer, and before, when possible, or promptly upon termination of the API Terms. Developer will promptly and securely delete all Enzyme Content after completion of all activities reasonably necessary to operate or maintain the Developer Application and upon termination of the API Terms.
8. User Consent and Agreement.
- User Consent. Before obtaining information from Enzyme users, you must obtain their informed consent by telling them what information you collect and how it will be used, stored or shared, and by taking any additional steps required by law or regulation.
9. Data Safeguards.
Developer will protect Enzyme User Data in accordance with all applicable laws. Your network, operating system, and software of your web servers, databases, and computer systems (collectively “Systems”) must be properly configured to securely operate the Developer Application and Enzyme User Data. The Developer Application must use reasonable security measures to protect any Enzyme User Data and any elements or components of the Enzyme API. You shall not architect, design, or select Systems in a manner to avoid these obligations. You must promptly report to Enzyme at [email protected] any security deficiencies in, or intrusions into, your Systems that you discover to Enzyme. You will work with Enzyme to correct any security deficiency and disconnect any intrusions or intruders as soon as practicable upon discovery of any such deficiency or intrusion. In the event of any security deficiency or intrusion involving the Developer Application or Enzyme User Data, you will make no public statements without prior written and express permission from Enzyme in each instance, unless otherwise required by law.
10. Access to the Enzyme API.
Subject to the API Terms, Enzyme may, in its sole discretion, make specific instances or versions of the Enzyme API available to Developer for use in connection with Developer Applications. Enzyme may terminate such access to the Enzyme API, in whole or certain features, functions, or services thereof, for convenience, at any time. The Enzyme API will be deemed to be a part of the Site Services as set forth in the Enzyme Terms of Service.
11. Enzyme API Support and Changes.
Enzyme may provide technical support, upgrades, or modifications of the Enzyme API in Enzyme’s sole discretion. Enzyme may cease providing technical support, upgrades, or modifications of the Enzyme API at any time and for any reason without notice or liability to Developer. Enzyme may release new versions of the Enzyme API and require Developer to use the new version of the Enzyme API. Developer’s use of new releases or versions of the Enzyme API will be acceptance of all modifications of the Enzyme API.
12. Intellectual Property.
- Enzyme Materials. Enzyme owns all rights, title, and interest, including all intellectual property rights, in and to, the Enzyme API; all elements, components, and executables of the Enzyme API; and all elements, components, and executables of the Site Services (collectively, the “Enzyme Materials”). The only exception to this is any information or Content which you as an Enzyme user have licensed to Enzyme under the Enzyme Terms of Service. Except for the express licenses granted in the API Terms, Enzyme does not grant you any right, title, or interest in the Enzyme Materials. Developer agrees to take such actions as Enzyme may reasonably request to perfect Enzyme’s rights to the Enzyme Materials.
- Developer Property. Except to the extent the Developer Application contains Enzyme Materials, Enzyme claims no ownership or control over your Developer Application. During the term of the API Terms you hereby grant Enzyme a paid-up, royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (1) use, perform, and display the Developer Application and its content for purposes of marketing, demonstrating, and making the Developer Application available to Enzyme users; (2) link to and direct Enzyme users to the Developer Application; and (3) sublicense the foregoing rights to our affiliates.
- Feedback. Developer may, but is not required to, provide suggestions, comments, ideas, or know‐how, in any form, to Enzyme related to Enzyme products, services or technology (“Feedback”). To the extent Developer provides Feedback to Enzyme, Developer grants Enzyme the right to use such Feedback without any right to compensation from Enzyme.
13. Independent Development by Enzyme.
Developer understands and acknowledges that Enzyme may be independently creating applications, content, and other products or services that may be similar to or competitive with the Developer Application. Nothing in the API Terms will be construed as restricting or preventing Enzyme from creating and fully exploiting any applications, content, and other products or services, without any obligation to Developer. This paragraph will survive the termination or expiration of the API Terms.
14. Confidential Information.
Developer agrees that the content of the Enzyme API, and any Enzyme Content that by its nature should reasonably be known to be confidential, is deemed to be confidential information of Enzyme and Developer will maintain the same in strict confidence and not disclose the same to any third party (other than employees, agents and contractors of Developer for the sole purpose of providing services to Developer to complete work permitted hereunder) or use the same for any purpose other than its performance under the Agreement. To the extent that you retain any Enzyme Content after the termination or expiration of the API Terms, this paragraph will survive the termination or expiration of the API Terms.
The provisions of the API Terms will control over any inconsistent provisions of the Enzyme Terms of Service, and the Enzyme Terms of Service, as modified and supplemented by the API Terms, will remain in full force and effect. Any “shrink wrap” or “click wrap” license agreement or any other terms and conditions associated with Developer’s Application is null and void, is not applicable hereunder, and is expressly excluded.
Enzyme currently provides the Enzyme API without charge. However, Enzyme reserves the right, at Enzyme’s sole discretion, to charge fees for future use of or access to the Enzyme API. Developer may not charge any fee to Enzyme users for the Developer’s Application without the express written permission or agreement of Enzyme.
17. Term and Termination.
- Term. The term of the API Terms will commence on the date upon which you agree to the API Terms and will continue until terminated as set forth below.
- Developer’s Termination Rights. Developer may terminate the API Terms by discontinuing use of the Enzyme API and returning all Enzyme Content, including Enzyme User Data.
- Suspension and Termination. Enzyme may suspend or terminate Developer’s use of the Enzyme API at any time if we believe you have violated the API Terms or Enzyme Terms of Service, or if we believe the availability of the Enzyme API in the Developer Application is not in our or our users’ best interests. Immediately upon termination of the API Terms, all licenses granted to Developer will cease and all data retrieved from the Enzyme API or Site Services must be deleted.
- Effect of Termination. Upon termination of these Terms:
- all rights and licenses granted to Developer will terminate immediately;
- Developer will promptly and securely destroy Enzyme Content in your possession or control;
- neither party is liable to the other party solely because the API Terms have been terminated;
- unless we agree otherwise in writing or as stated explicitly in the API Terms, Developer must permanently delete all Enzyme Content and Enzyme User Data or other data which you stored pursuant to your use of the Enzyme API. Enzyme may require that you certify in writing your compliance with this section; and
- Enzyme will make commercially reasonable efforts to remove all references and links to the Developer Application from the Site (Enzyme has no other obligation to delete copies of, references to, or links to the Developer Application).
18. Warranties and Liabilities.
- Disclaimer of Warranties. ENZYME PROVIDES THE ENZYME API, ENZYME CONTENT, AND ALL OTHER INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENZYME DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. ENZYME DOES NOT GUARANTEE THAT THE ENZYME API WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE ENZYME API MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ENZYME DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ENZYME DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ENZYME API DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
- Limitations of Liability. ENZYME AND OUR EMPLOYEES, AGENTS, SHAREHOLDERS, OR DIRECTORS, SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE ENZYME API. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (i) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, (ii) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (iii) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY DAMAGE THAT ENZYME MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THE API TERMS OR APPLICABLE LAW.
- Indemnification. You will defend, hold harmless, and indemnify Enzyme (and our and their respective employees, agents, shareholders, and directors) from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, to the extent resulting from, alleged to have resulted from, or in connection with: (i) your breach of your obligations herein; or (ii) the violation of any copyright, trademark, service mark, trade secret or United States patent by the Developer Application.
- Relationship of the Parties. The parties are agreeing to the API Terms as independent contractors, and the API Terms will not be construed to create a partnership, joint venture or employment relationship between them. Neither party is authorized to or will represent itself to be an employee or agent of the other or enter into any agreement on the other’s behalf of or in the other’s name.
- Assignability. You may not assign the API Terms, nor any of your rights or obligations hereunder, without Enzyme’s prior written consent. Enzyme may freely assign the API Terms without your consent. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, the API Terms will inure to the benefit of successors and permitted assigns of the parties.
- Severability. If and to the extent any provision of the API Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or enforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
- Choice of Law and Venue. The API Terms and any controversy, dispute or claim arising out of or relating to the API Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). With respect to any User located outside the United States, the User agrees that the California state courts of Santa Clara County (or, if there is federal jurisdiction, the United States District Court for the Northern District of California) will have jurisdiction and venue with respect to any claim arising out of or relating to the API Terms and consents to the personal jurisdiction and venue of those courts.
- No Waiver. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.
- Miscellaneous. The API Terms set forth the entire agreement and understanding of the parties relating to their subject matter and cancel and supersede any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. No modification or amendment to the API Terms shall be binding upon Enzyme unless in a written instrument signed by a duly authorized representative of Enzyme.
Effective date: May 2018
1. PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, Enzyme messages, communications with customer service or disputes, the community forum, and Company or Clinician feedback.
1.1 Illegal, Fraudulent, Harmful, or Offensive Uses
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Examples of prohibited uses of the Site or Site Services include: * Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material; * Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature; * Seeking, offering, or endorsing any services that would violate Enzyme’s Terms of Service or the terms of service of another website or any other contractual obligations; * Seeking, offering, or endorsing any services that violate the academic policies of any educational institution; * Fraudulently representing yourself with a falsified identify or falsified medical license, a federal offense, to any Company, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours you work for a Company, (ii) reporting, recording, or otherwise billing clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false; * Expressing a preference in a job post or proposal or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law; * Posting content that is harassing towards another person or violates the rights of a third party; * Posting identifying information concerning another person; * Making or demanding bribes; * Making or demanding payments without the intention of providing or receiving services in exchange for the payment; * Spamming other Users; * Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and * Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
1.2 Using the Site Other than For the Intended Purposes
Enzyme makes the Site and Services available for Companies and Clinicians to find one another, enter into service relationships, in order for Companies to directly contract or employ Clinicians, and receive and perform Clinician Services. Enzyme itself does not provide or contract for any professional medical services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site: * Offering services for the sole purpose of obtaining positive feedback of any kind; * Requesting, demanding, or receiving free services, including requesting Clinicians to submit work as part of the proposal process for very little or no money or posting contests in which Clinicians submit work with no or very little pay, and only the winning submission is paid the full amount; * Requesting a fee before allowing another User to submit a placement; * Posting the same job multiple times so that more than one version remains active at a given time; * Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User; * Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback; * Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary; * Duplicating or sharing accounts; * Selling, trading, or giving an account to another person without Enzyme’s consent; * Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or job post; * Soliciting a contract or employment outside of Enzyme in violation of the Terms of Service; * Advertising products or services that are outside or beyond the scope of the Enzyme marketplace; and * Advertising on Enzyme to recruit Clinicians to join an Agency or another website or company.
1.3 Using the Site to Post False or Misleading Content
All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses: * Misrepresenting a Clinician’s experience, skills, or information; * Impersonating any person or entity, including, but not limited to, an Enzyme representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; * Falsely attributing statements to any Enzyme representative, forum leader, guide or host; * Allowing another person to use your account, which is misleading to other Users; * Falsely stating or implying a relationship with Enzyme or with another company with whom you do not have a relationship; * Falsely stating or implying a relationship with another User, including an Agency continuing to use a Clinician’s profile or information after the Clinician no longer works with the Agency; and * Falsely stating that one Clinician will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Clinician that is unable, unwilling, or unavailable to do the work.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
3. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.