Terms of Use:

InCrowd, Inc.

Effective Date: January 1, 2011

Last Updated: May 15, 2018

Please read these Terms and Conditions carefully before registering to use InCrowdanswers.com By accessing or using this mobile application and/or Website, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not accept these Terms and Conditions, please do not register or use the Website or services.

Welcome to InCrowdanswers.com. The Site is owned and operated by InCrowd, Inc., 480 Pleasant Street, Suite B100, Watertown, MA 02472, USA (“InCrowd”). This Site and its contents are designed to comply with U.S. laws and regulations. This is a binding agreement (“Agreement”) between InCrowd and you (“You” or “Your”). This Agreement governs Your use of the Site (http://www.incrowdanswsers.com) (the “Site” or “Sites”) and Smartphone application, including, without limitation, all content such as text, information, images, blog, online community, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through this Site by InCrowd and/or third parties.

For the purpose of entering into this Agreement, you represent that you are of legal age to form a binding contract. If you are using the Site or Services on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify you and InCrowd for violations of this Agreement.

Through our Site, we provide surveys that can be taken via electronic notification methods such as, but not limited to, email. We support organizations that conduct research primarily for marketing or for social science purposes.

InCrowd may modify these Terms and Conditions at any time without liability, by posting the new version on the Site. Your use of the Service after any such modification means that you accept to comply with the modified version of the Terms and Conditions. We will notify you of any material changes to this Policy by posting a notice on the homepage of the Site for a reasonable period after such changes are made, that this Policy has been updated, and by changing the “Last Updated” date at the top of this Policy. We encourage you to check this page periodically for any changes.

1) USER AGREEMENT

a. Conditions and Terms of Use

To use any Materials or respond to any Question on this Site, You must be a currently licensed physician or clinician and be a registered participant of InCrowdanswers.com

Registration Process: InCrowd uses a double opt-in registration process. After registering with our network, You will be able to opt-out of membership by emailing a request to support@incrowdnow.com. When completing your profile, You will be asked to provide information such as your name, email address, postal address, phone number, age, gender (“Personal Information”), and details regarding your experience as a healthcare professional. If You are based in the United States and if applicable, You may be asked to provide your medical license number and/or NPI number; this information will be used to verify your status as an actively licensed, practicing healthcare professional. If you are based in the United States, the personal information and meta-data You provide during registration will also be used to confirm your identity via third-party validation providers such as MedProID and IDology. If our system detects any inconsistencies in the data you provide, You may be asked a series of knowledge-based authentication questions to address potential cases of identity theft and fraud.

By submitting your information to InCrowd, You hereby certify all assertions made under this Section and agree that You authorize InCrowd to confirm the veracity of such information.

b. InCrowd represents that it shall:

1. process that Personal Data in a manner consistent with Your consent, or as otherwise permitted by law;
2. ensure that it has in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
4. only transfer Personal Data maintained or processed in the European Union outside of the European Union with Your consent and where:
   1. appropriate safeguards are used in relation to the transfer;
   2. the data subject has enforceable rights and effective legal remedies;
   3. InCrowd provides an adequate level of protection to any Personal Data that is transferred; and
   4. InCrowd complies with reasonable instructions notified to it in advance by You with respect to the processing of the Personal Data
5. notify you without undue delay on becoming aware of a Personal Data breach;
6. at your direction, delete or return Personal Data and copies thereof to you on termination of the agreement unless otherwise permitted by applicable law; and
7. maintain complete and accurate records and information to demonstrate its compliance with this clause.

c. Panel User Submission

General: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the Site or Smartphone application will be considered non-confidential and non-proprietary (“Communications”). InCrowd will have no obligations with respect to the Communications. You are prohibited from posting or transmitting to or from this Site or Smartphone application any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, rule or regulation. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. InCrowd hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by InCrowd in its sole discretion and without further notice. You are reminded that InCrowd does not collect personal health information about individuals. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, which took effect on April 14, 2003, allows for the use of de-identified health information so long as identifiers have been “stripped” and a key is not disclosed that would allow the information to be re-identified. InCrowd does not possess a key to re-identify patient data.

Personal Profile: Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile will not be available for viewing by other registered participants. Providing additional information in Your personal profile beyond what is required at registration is entirely optional and can be altered or removed by You at any time.

d. Medical Disclaimers

The Materials available through this Site are for informational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. InCrowd and Panel members are not permitted to advise, diagnose, or otherwise treat users of this Site. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that InCrowd is not responsible or liable for any claim, loss, or damage arising from the use of the information. InCrowd does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the site. Client reliance upon the Materials obtained or used at or through this Site is solely at Your own risk.

e. Representation

As a Panel member of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation. You hereby certify that You are not a paid consultant or have any other financial interests in the information you provide to this Site including, but not limited to the promotion of “off-label” drug uses, the disclosure of confidential clinical trial or other proprietary information.

We cannot and do not assume any responsibility for your use or misuse of patient information. We reserve the right to amend or delete any material (along with the right to revoke any membership or restrict access to InCrowd) that, in our sole discretion, violates the above.

f. Communications from the Site

By registering with InCrowd You are agreeing to receive invitations to participate in surveys. You will have the ability to opt-into receiving these invitations via email and/or SMS communication. At any point You can opt-in or opt-out of the email and/or SMS communications by logging into your account or by contacting support@incrowdnow.com.

In addition, You can send messages to our member support staff via chat functionality available on our Site, as well as by phone. We respect the time and privacy of our members and do not want to inundate You with unnecessary messages. The volume of survey invitations You receive will vary depending on what is available at any given time. You may be eligible to participate in multiple surveys in a week – which would lead to more frequent communication – other times we may not have a survey for You for several months.

Occasionally we will reach out to You by email for engagement purposes. These communications can include newsletters, updates on Your membership, news regarding InCrowd features or information about InCrowd sponsored giveaways.

g. Reward Program

Upon successful registration on our Website, You will periodically receive survey invitations through email or your phone. You will earn rewards for each completed survey; rewards will be added to your InCrowd Account within 24 to 48 hours after survey completion. Rewards do not expire and may be redeemed through your InCrowd Account once your rewards balance reaches twenty-five dollars.

You can manage and track your earnings, payments, and payment information using your InCrowd Account.

To access your Account, please login to InCrowdanswers.com.

h. Data Retention – for EU members only

InCrowd represents that it retain data assets which include Personal Data of EU Data Subjects per the following guidelines:

1. Survey Data and materials pertinent to the research execution will be retained for the term of the associated contract executed with the commissioning client plus five (5) years.
2. Member Profile Data will be retained for the term of Membership plus two (2) years.
3. Reward Payment Data will be retained for five (5) years.
4. Adverse Event Report Data will be retained for the term of the associated contract executed with the commissioning client.

2. GENERAL DISCLAIMERS

These materials are provided “as is” without any express or implied warranty of any kind including warranties or merchantability, non-infringement of intellectual property, or fitness for any particular purpose or warranties arising by course of dealing or custom or trade. In no event shall InCrowd, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents be liable to you or any other entity for any and all damages including, but not limited to, direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information and loss of business opportunities) arising out of or relating to (1) the use or inability to use the materials, (2) reliance on the content and materials, (3) errors, inaccuracies, omissions, defects, untimeliness, security breaches, (4) information communicated through chat rooms or message boards, (5) the satisfaction of any government regulation requiring disclosure of information on prescription or “off-label” drug products with regard to the information contained within the site, or (6) any failure to perform by InCrowd or InCrowd’s content providers. The foregoing shall apply regardless of whether InCrowd has been advised of the possibility of such damages. InCrowd also makes no representations or warranties that your access to and use of the site, materials, or third-party sites (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorized code, or other harmful components, (3) is secure, or (4) will meet your satisfaction. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss, or hazard that may arise by virtue of your use of the site.

Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. InCrowd and its subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. InCrowd may make changes to these Materials, or to the services and/or products described therein, at any time without notice. InCrowd makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.

a. Indemnity

You agree to defend, indemnify and hold InCrowd, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including InCrowd’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, and the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.

This Website is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

b. Prohibited Uses

As a supplier of Content on the InCrowd Smartphone Application, you are required to comply with all applicable laws and regulation relating to the Content, Questions, or Services. You represent and warrant that you will not use the Service to:

1. Store, transmit, publish or disseminate any obscene, hateful, child pornography, racist, or any other illicit, contrary to public policy or otherwise objectionable content;
2. store, transmit, publish or disseminate any Content that promotes or relates to information about illegal activities or causes personal harm or injury against any individual or group (including defamation, insults, abuse etc.);
3. infringe the copyright, trademark, trade secret or any other intellectual property rights of a third party or violate the privacy, publicity or other personal rights of a third party;
4. Misrepresent your identity or represent yourself as another entity; or
5. Intentionally post any Content, which disparage or otherwise damage the goodwill, image or reputation of InCrowd or any third party.

You acknowledge and agree that any attempted or actual violation of any of the foregoing will constitute a material breach of this Agreement. In such event, InCrowd may pursue any and all applicable legal and equitable remedies against you, including, without limitation, immediately terminating this Agreement, removing your Survey and Content, deactivate your account and notify any unlawful conduct to the appropriate authorities, individuals or persons.

3) TERMINATION

You may terminate this Agreement by emailing support@InCrowdnow.com and the Agreement will terminate immediately after InCrowd has received and processed said notice. We may terminate this Agreement and your access to the Site at any time for any reason. We may also terminate this Agreement immediately if there is an uncured act or omission by you that gave rise to a basis for suspension; or we determine our provision of any of the Services to You or any End User is prohibited by law. All provisions that should reasonably be construed to survive termination of this Agreement will survive termination of this Agreement.

4) DATA SAFETY

You understand and agree that any data downloaded or obtained through the Site or Smartphone application is done at your own discretion and risk and that you are solely responsible for any damage done to computers or systems, including the loss of data resulting from the download of such data. Due to the intrinsic nature and risks inherent with the use of the Internet, You acknowledge that You and Your content are not protected against the risks of misappropriation and/or piracy by a third party, for which InCrowd shall, in no event, have any liability to You or any third party. Accordingly, You are responsible for taking all appropriate steps to protect such data and content, where applicable.

5) LIMITATIONS OF LIABILITY

In no event shall InCrowd be liable for any indirect, direct, special, consequential, or exemplary damages arising from this agreement, the services, or the inability to use the services. Except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

6) MISCELLANEOUS

The relationship between you and InCrowd is one of independent contractors, and not of agent, partner, employee, or joint venture. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. The failure to require performance of any provision shall not affect a party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred including, but not limited to, its reasonable attorneys’ fees at all trial and appellate levels and post judgment proceedings.

7) ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, and any other InCrowd policy which is incorporated herein by this reference, contains the entire agreement between You and InCrowd relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by any purchase order or similar form originated by You relating to the subject matter hereof, or statements of any of InCrowd’s employees. InCrowd reserves the right to make changes to this Agreement at any time without advance notice. InCrowd agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

8) REPORTING ADVERSE EVENTS

By use of our Website, You acknowledge and agree that InCrowd may be required by applicable laws and regulations to follow-up with You if You mention an Adverse Event during your participation in a specific survey engagement. We are committed to supporting our clients and the pharmaceutical manufacturers who sponsor such research engagements in responding to requests for follow-up on Adverse Events within the timeframe required by the federal, state and foreign laws and regulations which govern such matters. By participating in our Community, You are agreeing to be contacted via phone and/or email outreach by members of our team to follow-up for additional details regarding the Adverse Events referred to by You within a survey engagement. You do have the right to refuse to provide additional details regarding the Adverse Event including any Personal Data associated with You; however, a refusal does not override the requirement for us to report on the Adverse Event mention to our clients and the pharmaceutical manufacturers who have sponsored the research engagement. In case of your refusal, none of your Personal Data will be released as part of the reporting process.

9) PROFESSIONAL PAYMENT DISCLOSURE REQUIREMENTS

You acknowledge and agree that InCrowd may be required by applicable law and regulation to disclose the existence of rewards redeemed, the terms of this redemption including financial terms, and the subject matter associated with each payment (e.g., the U.S. Sunshine Act, and state and foreign equivalents).

Our reward program is administered in accordance with federal, state and foreign laws, including Section 6002 of the Patient Protection and Affordable Care Act (also known as the “Physician Payments Sunshine Act”), the ABPI Code of Practice in the United Kingdom, and Loi Bertrand and the Loi Anti-Cadeaux in France. Under these regulations, certain payments may be subject to reporting to the respective bodies, who will make the details available for public viewing on its website. To learn more, please contact us at privacy@incrowdnow.com.

10) QUESTIONS

If you have any questions or comments regarding these Terms of Use please contact us at privacy@incrowdnow.com, via phone at +1-617-934-1600 ext. 6 or via postal mail at InCrowd, Attn: Compliance Department, 480 Pleasant Street, Suite B100, Watertown, MA 02472 USA.

11) PRIVACY

InCrowd respects your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

12) LEGAL AND SITE COMPLIANCE:

InCrowd reserves the right to disclose your information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, our community members, or anyone else that could be harmed by such activities. We also reserve the right to disclose your information when we believe in good faith that the law requires it. We may also use your Personal Data to monitor compliance with the Site’s Terms of Use.