Terms & Conditions and Privacy Policy - futuresTHRIVE

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TERMS, CONDITIONS,  AND POLICY

Terms & Conditions

SUBSCRIPTION AGREEMENT

FUTURESTHRIVE

BY ACCESSING, USING ANY OF FUTURETHRIVE’S PRODUCTS, SERVICES AND APPS, INCLUDING BUT NOT LIMITED TO “TWEENSCREEN” AND “TSCREEN,” AND/OR SIGNIFYING YOUR ACCEPTANCE TO THIS SUBSCRIPTION AGREEMENT, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF THE PERSON LISTED IN THE ORDER, REGISTRATION, SIGN UP OR SIMILAR FORM (“ORDER FORM”).  YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THESE SUBSCRIPTION AGREEMENT. IF YOU DO NOT AGREE TO THIS SUBSCRIPTION AGREEMENT AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE ANY OF FUTURETHRIVE’S PRODUCTS, SERVICES OR APPS).

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Overview

futuresTHRIVE Ltd., a Connecticut (U.S.A.) corporation (hereafter, “futuresTHRIVE”, “we”, “our” and/or “us”) is a technology company that provides an online software-as-a-service (SaaS) platform and mobile apps (the “Service”) containing instruction, screening tools, applications and other materials which are designed to offer pediatricians, psychiatrists, psychologists, therapists, counselors and other health professionals in the United States the ability to collect data that can be used to identify and monitor mental health in children ages 4 to 18.  futuresTHRIVE markets and promotes the Service under the trademarks and trade names “futuresTHRIVE”, “TweenScreen”, “tScreen” and “TeenScreen”. We will provide you (“you” or “User”) with use of the Service, including a browser interface and data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the futuresTHRIVE websites at www.futuresTHRIVE.com, tweenscreen.health and tscreen.health incorporated by reference herein, including but not limited to our privacy policy. For reference, a Definitions section is included at the end of this Agreement.

By visiting our websites you agree to be bound by the terms and conditions of this Agreement (“Subscription Agreement”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Subscription Agreement applies to all users of the sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this Subscription Agreement carefully before accessing or using our websites or the Service. By accessing or using any part of the sites or subscribing to the Service, you agree to be bound by this Subscription Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites or use the Service. If this Subscription Agreement is considered an offer, acceptance is expressly limited to this Subscription Agreement.

The Service is intended for use only by pediatricians, psychiatrists, psychologists, therapists, counselors and other qualified health professionals in the United States and Canada, not by members of the general public.  By subscribing to the Service, you represent and warrant that you are a pediatrician, psychiatrist, psychologist, therapist, school counselor or other qualified health professional, that you are familiar with (or are willing to be trained in) the use of screening tools such as the Service, and are in compliance with all federal, state and local laws, rules and regulations regarding the use of such tools, including but not limited to any laws, rules and regulations requiring the prior consent of a minor’s parent or legal guardian for the use of the Service.  

futuresTHRIVE’s products, services and apps are currently designed for use by qualified health professionals in the United States only.  If you are a qualified health professional residing or located outside of the United States, you may use futuresTHRIVEs’ products, services and apps only with the prior written consent of futuresTHRIVE, which may be withheld in futuresTHRIVE’s sole and absolute discretion.  For details, contact us at info@futuresTHRIVE.com.

Qualified professionals who download personal information about their patients or clients to one of futuresTHRIVE’s products, services or apps, assume all responsibility and liability for protecting the privacy of such personal information, and hereby indemnify futuresTHRIVE, its officers, directors, shareholders, employees and agents, and hold each of them harmless from and against any loss, claim, liability, cost or expense whatsoever which any of them may incur as a result of the practitioner’s violation of any applicable law, rule or regulation relating to data privacy or the protection of personal health information, including but not limited to the United States Health Portability and Accountability Act of 1996, as amended (“HIPAA”) and the laws described in futuresTHRIVE’s Privacy Policy under the section heading “Rights of Users in Certain U.S. States.”

futuresTHRIVE’s products and services are not to be used with children who have been diagnosed with autism or a condition related to autism spectrum disorder.

Any new features or tools which are added to the current websites or the Service shall also be subject to this Subscription Agreement. You can review the most current version of this Subscription Agreement at any time on this page. We reserve the right to update, change or replace any part of this Subscription Agreement by posting updates and/or changes to our website or, at our option, by sending a notice to the primary email address we have on file for you. Your continued use of or access to the website or the Service following the posting of any changes and/or notice to you via email constitutes acceptance of those changes.

Note to Social Media Users

When purchasing or subscribing to apps, products and services from futuresTHRIVE, and when posting information to or otherwise communicating via futuresTHRIVE’s social media pages or your own social media page, your activities online are subject to the Subscription Agreement, Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from this Subscription Agreement.  Please see the following pages for further details:

O https://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);

O https://help.instagram.com/478745558852511 (Instagram’s Subscription Agreement);

O https://www.linkedin.com/legal/user-agreement (LinkedIn’s User Agreement); and

O https://www.google.com/intl/en/policies/terms (Google’s Subscription Agreement).

Grant of Right and License to Use and Access the Service

futuresTHRIVE hereby grants you a non-exclusive, non-transferable, worldwide right and license to use and access the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement.  All rights not expressly granted to you are reserved by futuresTHRIVE and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.

You may use the Service only for your internal business purposes and shall not:  (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

Your Responsibilities; Prohibited Conduct and Content

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.  You shall: (i) notify futuresTHRIVE immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to futuresTHRIVE immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another futuresTHRIVE user or provide false identity information to gain access to or use the Service.  

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Service. Without limiting the foregoing, you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access; or
  • Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Subscription Agreement.
  • You may only upload or otherwise share User Data that you have all necessary rights to disclose. You may not upload, store or share any User Data that: 
    • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
    • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
    • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • Contains any private or personal information of a third party, a client without such third party’s consent;

In addition, although we have no obligation to screen, edit or monitor User Data, we may delete or remove or suspend the use of User Data at any time and for any reason.

By accessing or using the Service, you consent to the processing, transfer and storage of information about you and your Users in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Account Information and Data

futuresTHRIVE  owns all User Data and has certain rights to publish, disseminate, disclose and otherwise use User Data as set forth in our Privacy Policy.  By subscribing to the Service you hereby grant to futuresTHRIVE the nonexclusive, perpetual, unlimited, royalty-free right and license to use User Data, including but not limited to the right to sublicense User Data to affiliates and other third parties in accordance with our Privacy Policy, without any obligation or liability to you whatsoever.  You, not  futuresTHRIVE, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and futuresTHRIVE shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data. In the event this Agreement is terminated (other than by reason of your breach), futuresTHRIVE will make available to you a file of the User Data within 30 days of termination if you so request at the time of termination.  futuresTHRIVE reserves the right to withhold, remove and/or discard User Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use User Data immediately ceases, and futuresTHRIVE shall have no obligation to maintain or forward any User Data.

Intellectual Property Ownership

futuresTHRIVE alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights to futuresTHRIVE’s Technology, Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the futuresTHRIVE’s Technology or the Intellectual Property Rights owned by futuresTHRIVE. The “futuresTHRIVE” name, the futuresTHRIVE logo, and the product names associated with the Service are trademarks of futuresTHRIVE or third parties, and no right or license is granted to use them. 

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. futuresTHRIVE and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. futuresTHRIVE does not endorse any sites on the Internet that are linked through the Service. futuresTHRIVE provides these links to you only as a matter of convenience, and in no event shall futuresTHRIVE or its licensors be responsible for any content, products, or other materials on or available from such sites.  futuresTHRIVE provides the Service to you pursuant to the terms and conditions of this Agreement.  You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.  

Charges and Payment of Fees

The futuresTHRIVE service is a paid Software-as-a-Service application.  You shall pay all fees or charges to your account in accordance with the Order Form which outlines fees, charges, and billing terms that are in effect at the time a fee or charge is due and payable. Upon completing the Order Form, you will pay the one-time nonrefundable training and onboarding fee specified in the Order Form and will undergo training in the Service which usually takes between seven and 10 days.  If you fail to complete training to futuresTHRIVE’s satisfaction, you will forfeit the training and onboarding fee but with otherwise have no obligation or liability to futuresTHRIVE.  Upon successfully completing futuresTHRIVE’s training and onboarding program, you will be subject to an annual subscription period, and subscription fees will be annually in advance by check, credit card or other means of payment specified by futuresTHRIVE from time to time.  futuresTHRIVE reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. 

Billing and Renewal

futuresTHRIVE charges and collects in advance for its training and onboarding fee and for use of the Service. futuresTHRIVE will invoice its annual subscription fee not later than 60 days prior to the end of the current subscription period; failure to pay the annual subscription fee when due will result in termination of the Service.  Fee increases will be effective at the beginning of the billing period immediately following notice to you. Fees for other services will be charged on an as-quoted basis. futuresTHRIVE’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on futuresTHRIVE’s income.

You agree to provide futuresTHRIVE with complete and accurate contact information for billing purposes. This information includes your e-mail address. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, futuresTHRIVE reserves the right to terminate your access to the Service in addition to any other legal remedies.  

Unless futuresTHRIVE in its discretion determines otherwise, all users will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes.

If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.  Credit card chargebacks are not permitted without futuresTHRIVE’s prior written approval; any chargeback not authorized by futuresTHRIVE is a breach of this Agreement and you will reimburse futuresTHRIVE for any costs of reversing such a chargeback promptly upon demand.

Non-Payment and Suspension

In addition to any other rights granted to futuresTHRIVE herein, futuresTHRIVE reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month (compounding) on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for licenses during any period of suspension. If you or futuresTHRIVE initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that futuresTHRIVE may charge such unpaid fees to you or otherwise bill you for such unpaid fees.

futuresTHRIVE reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service.  You agree and acknowledge that futuresTHRIVE has no obligation to retain User Data and that such User Data may be irretrievably deleted if your account is 30 days or more delinquent.

Term of License; Termination upon Expiration/Reduction in Number of Licenses

This Agreement commences on the Effective Date in the Order Form, or the date of your registration to use the Service if earlier. Your credit card or PayPal account will be charged automatically each month or year (depending on the subscription period you select) until you cancel your subscription on the futuresTHRIVE websites, which must be done not later than 15 days before the next renewal date (for monthly subscriptions) or not later than 30 days before the next renewal date (for annual subscriptions) to avoid further charges. For the avoidance of doubt, terminations in the middle of a subscription period will be effective only at the end of such subscription period, and you will not be entitled to a refund or proration of subscription fees previously paid.  In the event this Agreement is terminated (other than by reason of your breach), futuresTHRIVE will make available to you a file of the User Data at the end of the current subscription period if you so request at the time of termination.  You agree and acknowledge that futuresTHRIVE has no obligation to retain the User Data, and may delete such User Data, more than 30 days after termination. 

Payment of the monthly or annual subscription fee entitles the user to all updates, upgrades and modifications of futuresTHRIVE’s products and services released during the applicable subscription period without charge.  Upon termination of the user’s subscription, the user will no longer be entitled to updates, upgrades, modifications or support for any of futuresTHRIVE’s products and services and will be denied access to same.

Termination for Cause

Any breach of your payment obligations or unauthorized use of the futuresTHRIVE Technology or Service will be deemed a material breach of this Agreement.  futuresTHRIVE, in its sole discretion, may reset your password and/or terminate your account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that futuresTHRIVE has no obligation to retain the User Data, and may delete such User Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of mental health screening techniques and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by futuresTHRIVE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of futuresTHRIVE, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by futuresTHRIVE.

The futuresTHRIVE name and logos are trademarks and service marks of futuresTHRIVE (collectively the “futuresTHRIVE Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to futuresTHRIVE. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of futuresTHRIVE Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of futuresTHRIVE Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will futuresTHRIVE be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that futuresTHRIVE does not pre-screen items or content, but that futuresTHRIVE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, futuresTHRIVE and its designees shall have the right to remove any item or content that violates these Terms or is deemed by futuresTHRIVE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site: You are solely responsible for the content you post or transmit on or through the Service (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to futuresTHRIVE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of futuresTHRIVE, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to futuresTHRIVE are non-confidential and futuresTHRIVE shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that futuresTHRIVE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of futuresTHRIVE, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy: futuresTHRIVE respects the intellectual property of others, and we ask our users to do the same. futuresTHRIVE will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, futuresTHRIVE will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

The above information should be sent to futuresTHRIVE’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: info@futuresTHRIVE.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

FuturesTHRIVE Ltd.

Attn: Copyright Agent

67 Deepwood Road

Darien, Connecticut 06820, U.S.A.

Privacy & Security; Disclosure

Our Privacy Policy, which may be viewed at https://www.futuresTHRIVE.com/privacy, describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment account information you may provide to us either for purposes of creating an Account, submitting an inquiry or to receive further information, updates and promotions about or related to the Service.  

In providing you our Service, futuresTHRIVE will not sell any Personal Information contained in User Data. futuresTHRIVE will not retain, use or disclose the Personal Information you provide to us about your clients (if applicable) except for the specific purpose of performing our obligations under this Agreement, including providing and improving the Service under this Agreement, nor will futuresTHRIVE retain, use or disclose Personal Information about your clients outside of our direct business relationship with you or the legal entity under which you practice or are employed. 

It is your responsibility to comply with all applicable privacy and data protection laws and to ensure that you have provided all required notices and obtained all necessary consents from your Users and clients (including with respect to third parties’ access), and that your clients have agreed to the collection of their User Data and the access of their User Data by you, by us, and, where applicable, other third parties. Any sample documentation that is provided by futuresTHRIVE for obtaining consent is for illustration only, and you alone (and not futuresTHRIVE) are responsible to ensure that such documentation is adequate and enforceable to obtain requisite consent (including with respect to clients who are under 21 years of age, consent from their parents or legal guardians). In the event that we receive a subpoena or other legal or court order compelling the disclosure of any of your clients’ User Data or any of your data, unless ordered to not do so by a court of competent jurisdiction, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law, we will notify you of the subpoena or other legal or court order prior to disclosing the User Data or other data. We will make commercially reasonable efforts to maintain the Service in a manner that includes appropriate administrative, technical, and physical security measures designed to protect the confidentiality, availability, and integrity of User Data that is in our possession, as required by applicable law.

futuresTHRIVE reserves the right to modify its privacy policy in its reasonable discretion from time to time.  Note that because the Service is a hosted, online application, futuresTHRIVE occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement.  futuresTHRIVE represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online futuresTHRIVE help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your contact information is correct.

Indemnification

You shall indemnify and hold futuresTHRIVE, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the User Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement,  provided in any such case that futuresTHRIVE (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release futuresTHRIVE of all liability and such settlement does not affect futuresTHRIVE’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

Disclaimer of Warranties

FUTURESTHRIVE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FUTURESTHRIVE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FUTURESTHRIVE AND ITS LICENSORS.

Internet Delays

FUTURESTHRIVE’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.  FUTURESTHRIVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.  

Limitation of Liability

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. 

Disclaimer of Warranties as to Use Outside of the United States

futuresTHRIVE is a United States-based service. We make no representation that any aspect of the Service is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries. Those who access the Service from other locations are responsible for compliance with applicable local laws. The Service is subject to applicable export laws and restrictions.

Releases

You agree not to hold futuresTHRIVE liable for the Content, actions, or inactions of you or other Users of the Service or of other third parties. As a condition of access to the Service, you release futuresTHRIVE (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not futuresTHRIVE becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Notices

futuresTHRIVE may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in futuresTHRIVE’s account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending. You may give notice to futuresTHRIVE (such notice shall be deemed given when received by futuresTHRIVE) at any time by any of the following: through the website at https://www.futuresTHRIVE.com; by electronic mail to info@futuresTHRIVE.com; or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to futuresTHRIVE at the following address: futuresTHRIVE Ltd., 67 Deepwood Road, Darien, Connecticut 06820, U.S.A., in either case, addressed to the attention of: President. 

Modification to Terms

futuresTHRIVE reserves the right to modify the terms and conditions of this Subscription Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Subscription Agreement on the Service and notification to you as provided in Section 20.  Continued use of the Service after any such changes shall constitute your consent to such changes.  

Assignment; Change in Control

This Agreement may not be assigned by you without the prior written approval of futuresTHRIVE but may be assigned without your consent by futuresTHRIVE to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.  Any actual or proposed change in control of you that results or would result in a direct competitor of futuresTHRIVE directly or indirectly owning or controlling 50% or more of you shall entitle futuresTHRIVE to terminate this Agreement for cause immediately upon written notice.

Dispute Resolution

In the event of a Dispute between you and futuresTHRIVE (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the Dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in the City of Stamford in the State of Connecticut (U.S.A.). In the event that there is any Dispute between you and futuresTHRIVE that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the State of Connecticut sitting in the Judicial District of Stamford or the United States District Court for the District of Connecticut. You agree that this Agreement and the relationship between you and futuresTHRIVE shall be governed by the Federal Arbitration Act and the laws of the State of Connecticut without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Note to Users Outside the United States and Canada

If you reside in a country other than the United States of America or Canada, you represent and warrant that your use of futuresTHRIVE, including but not limited to any mental health screening activities you engage in using the Service, its software, tools and applications will not violate any applicable law, rule or regulation in your home country, or the professional rules of any association or body in your home country with which you are affiliated, and that your use of the Service will not breach or violate any of same.  You indemnify futuresTHRIVE Ltd., its officers, directors, shareholders, affiliates, employees and agents, from and against any loss, claim, damage, liability, cost or expense which any of them may incur arising from or in connection with your knowing or unknowing violation of the foregoing representation and warranty.  futuresTHRIVE Ltd. reserves the right to terminate your subscription without notice, among other things, in the event it learns or suspects that your use of the Service violates any applicable law, rule or regulation in any country in which futuresTHRIVE’s users reside or work.

Governing Law; General

This Agreement shall be governed by the law of the State of Connecticut (U.S.A.) and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction and venue of the courts of the State of Connecticut sitting in the Judicial District of Stamford or the United States District Court for the District of Connecticut. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and futuresTHRIVE as a result of this agreement or use of the Service. The failure of futuresTHRIVE to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by futuresTHRIVE in writing. This Agreement, together with any applicable Order Form and policies, comprises the entire agreement between you and futuresTHRIVE and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Definitions

As used in this Agreement and in any Order Forms now or hereafter associated herewith: 

“Agreement” means this online Subscription Agreement, any Order Forms, whether written or submitted online via the futuresTHRIVE websites, and any materials available on the futuresTHRIVE websites specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by futuresTHRIVE from time to time in its sole discretion; 

“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; 

“Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen after this Agreement is displayed, the Effective date on the Order Form or the date you begin using the Service; 

“futuresTHRIVE”, “futuresTHRIVE.com,” “we”, “our” and/or “us” means futuresTHRIVE Ltd., a Connecticut (U.S.A.) corporation having an address of 37 Deepwood Road, Darien, Connecticut 06820, U.S.A..

“futuresTHRIVE Technology” means all of our proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, databases, techniques, designs and other tangible or intangible technical material or information) made available to you by futuresTHRIVE in providing the Service; 

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; 

“Order Form(s)” means the purchase order or other document on futuresTHRIVE’s standard form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail);  

“Service(s)” means (1) the software application futuresTHRIVE makes available for subscription on its websites at https://www.futuresTHRIVE.com, https://tweenscreen.health and https://tscreen.health and (2) the specific modules of futuresTHRIVE’s online subscription based tools and services identified during the ordering process, developed, operated, and maintained by futuresTHRIVE, accessible via https://www.futuresTHRIVE.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by futuresTHRIVE, to which you are being granted access under this Agreement, including futuresTHRIVE’s Technology and the Content; 

“User(s)” means you and your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by futuresTHRIVE vat your request); and

“User Data” means any and all data, information or material provided or submitted by you to the Service or otherwise collected by you or futuresTHRIVE in the course of using the Service from persons responding to questions, playing games or otherwise engaging with the Service.

Questions and Suggestions

If you have questions or suggestions, please contact us at:

futuresTHRIVE Ltd.

67 Deepwood Road

Darien, Connecticut 06820, U.S.A.

E-Mail:  info@futuresTHRIVE.com

Privacy Policy

BY ACCESSING, USING ANY OF FUTURESTHRIVE’S PRODUCTS AND SERVICES, SUCH AS THE “TWEENSCREEN” AND “TSCREEN” APPS, AND/OR SIGNIFYING YOUR ACCEPTANCE TO THIS PRIVACY POLICY, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT ON YOUR OWN BEHALF AND ON BEHALF OF THE PERSON LISTED IN THE ORDER, REGISTRATION, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”).  YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE ENTITY THAT YOU WORK FOR AND YOURSELF TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT ACCESS, OR USE FUTURESTHRIVE’S PRODUCTS, SERVICES OR APPS.

Last Updated/Effective Date:  March 26, 2024

futuresTHRIVE Ltd., a Connecticut (U.S.A.) corporation (hereafter, “futuresTHRIVE”, “we”, “our” and/or “us”) is a technology company that provides an online software-as-a-service (SaaS) platform (the “Service”) containing instruction, screening tools, applications and other materials which are designed to assist pediatricians, psychiatrists, psychologists, therapists, counselors and other mental health or school professionals throughout the world screen children ages 4 to 18 and identify potential mental health concerns.  futuresTHRIVE markets and promotes the Service under the trademarks and trade names “futuresTHRIVE”, “tScreen”, “TeenScreen” and “TweenScreen”. This Privacy Policy describes how we use and disclose the Personal Information you provide to us or that we collect when you use our websites, mobile applications, software, platforms and services (“Services”). Before providing Personal Information to us, please review this Privacy Policy carefully.

futuresTHRIVE’s products and services are currently designed for use by qualified professionals in the United States only  If you are a qualified health professional residing or located outside of the United States , you may use Futuresthrives’ products and services only with the prior written consent of futuresTHRIVE, which may be withheld in futuresTHRIVE’s sole and absolute discretion.  For details, contact us at info@futuresthrive.com.

 

Only qualified professionals in the United States may access or use futuresTHRIVE’s products, services and apps.  Qualified professionals who download or input personal information about their patients or clients to one of futuresTHRIVE’s products, services or apps, assume all responsibility and liability for protecting the privacy of such personal information, and hereby indemnify futuresTHRIVE, its officers, directors, shareholders, employees and agents, and hold each of them harmless from and against any loss, claim, liability, cost or expense whatsoever which any of them may incur as a result of the practitioner’s violation of any applicable law, rule or regulation relating to data privacy or the protection of personal health information, including but not limited to the United States Health Portability and Accountability Act of 1996, as amended (“HIPAA”) and the laws described below under the section heading “Rights of Users in Certain U.S. States.”

Note to Facebook®, LinkedIn® and Other Social Media Users

When visiting our Facebook® page, LinkedIn® profile or other page on social media websites, and when posting information to or otherwise communicating via that page, your activities online are subject to the Privacy Policy of that social media website, which may contain terms and conditions different from futuresTHRIVE’s Privacy Policy.  Please see the following pages for further details:

What This Privacy Policy Covers

  • This policy covers how futuresTHRIVE treats personal data that futuresTHRIVE collects and receives, including information related to any products and services available on this Website. Personal data is defined as information about you that is personally identifiable, such as your name, mailing address, email address, or other contact information, and that is not otherwise publicly available. 
  • This policy does not apply to the practices of advertisers or other companies that futuresTHRIVE does not own or control or to people that futuresTHRIVE does not employ or manage. 
  • References to “data” in this Privacy Policy will refer to whatever data you use within our products and services to collect and or process, whether it is data collected in a form, data inserted on a site hosted by us, or data acquired on your behalf from sources internal or external to your organization. 
  • “Personal data” is defined as information about you that is personally identifiable, such as your name, mailing address, email address, or other contact information, and that is not otherwise publicly available
  • This policy does not apply to non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any lawful purpose.
  • This Privacy Policy is effective on March 26, 2024 or the date upon which you enter into an agreement for one or more of futuresTHRIVE’s products and services, whichever is later.

Information Collection and Use

  • Practitioners can generally visit our website without revealing any personal information about themselves or their practices.
  • futuresTHRIVE collects information about practitioners and their practices only when you sign up, log in, fill out order forms at futuresTHRIVE or by subscribing for “tScreen”, “Tween Screen,” “Teen Screen” or any of futuresTHRIVE’s other applications, tools, instructional and educational materials for health professionals. 
  • When practitioners click on such links, we ask for information such as the practitioner’s name, email address, telephone number, zip code, and the names and email addresses of the practice’s staff and employees authorized to access and use futuresTHRIVE’s products, services and apps. Once you click on such links and become a customer of futuresTHRIVE, you are not anonymous to us. 
  • futuresTHRIVE collects information about your transactions with us and with some of our business partners and affiliates, including information about your use of the products and services that we offer. 
  • futuresTHRIVE may automatically receive and record information on our server logs from your browser, including your IP address, futuresTHRIVE cookie information, and the page you request. 
  • futuresTHRIVE uses information for the following general purposes: to customize our products, services, advertising and content; to fulfill your requests for products and services; to improve our services and customer relations; to contact you; and to conduct research. 

Minors

  • Persons under the age of 18 may not purchase or license futuresTHRIVE’s products or services.
  • futuresTHRIVE’s products and services are designed to be purchased and used solely by pediatricians, psychiatrists, psychologists, therapists, counselors and other health professionals providing health care services to minors age 4 to 18; personal information collected from a minor’s use of one of Futuresthrives’ products and services are disclosed solely to the minor’s pediatrician, psychiatrist, psychologist, therapist, counselor or other health professional who has subscribed to that product or service.  It is the professional’s responsibility to determine how and to what extent the results obtained from using one of Futuresthrives’ products and services are disclosed to the minor and his/her parent or legal guardian.
  • futuresTHRIVE may aggregate data collected from use of Futuresthrives’ products and services and publish, disseminate, disclose and otherwise use such data as non-personal information — data in a form that does not permit direct association with any specific individual – for any lawful purpose, including but not limited to the creation of a public mental health database for qualified health professionals.
  • Medical professionals such as pediatricians, psychiatrists, psychologists, and therapists who use Futuresthrives’ products and services are generally not required to obtain the consent of a minor’s parent or legal guardian before recommending or using them.  Certain school counselors and other users of Futuresthrives’ products and services may be required by local law to obtain the consent of the minor’s parent or legal guardian before recommending or using them.  Anyone purchasing or licensing one of Futuresthrives’ products and services should consult with an attorney and determine the extent to which use of a futuresTHRIVE product or service requires the consent of a minor’s parent or legal guardian..
  • futuresTHRIVE will not contact persons under the age of 18 for marketing purposes without a parent’s or guardian’s permission. 
  • futuresTHRIVE does not ask persons under the age of 18 for personal information.  Patients under the age of 18 are required to confirm their date of birth solely for the purposes of verifying their identity. 
  • Consumers, parents and persons other than pediatricians, psychiatrists, psychologists and other qualified health professionals should not create futuresTHRIVE accounts on our Website or license our products and services. In the unlikely event that you are the parent or legal guardian of a child under 18, who has registered with the futuresTHRIVE website or has licensed services from us in violation of our Terms of Service and this Privacy Policy, please contact info@futuresthrive.com to have your child’s personal information deleted.

Information Sharing and Disclosure

  • futuresTHRIVE does not sell, rent, or share personal information about users or minors who respond to questions, play games or otherwise engage with Futuresthrives’ products and services with other people or nonaffiliated companies except to provide our mental health screening and diagnostic tools, applications and other products and services, when we have your permission, and under the following circumstances: 
  • We provide the information to trusted partners and affiliates who work on behalf of or with futuresTHRIVE or have been granted the right to access our customer data. These companies may use your personal information to help futuresTHRIVE communicate with you about offers from futuresTHRIVE and our marketing partners and affiliates. These companies do not have any independent right to share this information but have the right to use the information in accordance with their individual privacy policies. 
  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or to defend against legal claims; 
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of futuresTHRIVE’s Subscription Agreement, or as otherwise required by law; 
  • futuresTHRIVE may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria. 
  • We may aggregate data collected from use of Futuresthrives’ products and services and publish, disseminate, disclose and otherwise use such data as non-personal information — data in a form that does not permit direct association with any specific individual – for any lawful purpose, including the creation of a public mental health database for qualified health professionals.
  • We will transfer information about you to our successors and assigns if futuresTHRIVE is acquired by or merged with another company, or if futuresTHRIVE sells all or substantially all of its assets to another company, or if a controlling interest in futuresTHRIVE is transferred or sold to another company. In this event, futuresTHRIVE will notify you before more information about you is transferred and becomes subject to a different privacy policy.  

Cookies

  • futuresTHRIVE may use cookies and other tracking technologies (including from Google, Facebook and LinkedIn) to keep, and sometimes track, information about you on our website. Cookies are small data files that are sent to your browser from a web server and stored on your computer’s hard drive. Cookies track where you travel on the website and what you view. In doing so, a cookie may enable us to relate your use of our online services to your Personal Information.
  • futuresTHRIVE may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to futuresTHRIVE’s cookies. 
  • We use information gathered from these tracking technologies so that we can analyze trends, administer the website, track users’ movements around the website, improve our products, services and applications, and gather demographic information about our customer base as a whole. We may combine information we obtain through tracking technologies with other Personal Information that we have collected about you in order to make our Products, communications and advertisements more targeted to your interests.
  • Please note that the website is not presently configured to respond to DNT or “do not track” signals from web browsers or mobile devices. As such, futuresTHRIVE does not recognize or respond to Do Not Track requests.
  • When visiting the futuresTHRIVE website, you will see a “pop-up” message informing you that “our website uses cookies to improve your experience. By continuing to use our site, you accept the use of cookies and our Privacy Policy.  If you reject cookies, you may continue to visit the website and use any services available on the website, but some areas of the website may be limited.

Confidentiality and Security

  • We limit access to personal information about you to employees or service providers who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. 
  • We have physical, electronic and procedural safeguards to protect personal information about you. 
  • In certain areas futuresTHRIVE uses industry-standard SSL-encryption to protect sensitive data transmissions. 
  • futuresTHRIVE encourages our marketing partners to use SSH and SCP (secure Telnet and FTP) programs in order to better safeguard customer data. 

Sensitive Personal Data

▪   We do not knowingly collect or obtain from third parties, any personal data, including any “Sensitive Personal Data”. “Sensitive Personal Data” are personal data, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.

▪    Practitioners who collect or obtain “Sensitive Personal Data” in the course of using futuresTHRIVE’s products and services are required to comply with all applicable laws relating to data privacy and security, and indemnify futuresTHRIVE for any loss, claim, damage or liability it may occur as a result of a practitioner’s failure to do so.

Your Rights

  • You have the right to access the information that futuresTHRIVE maintains about you, request deletion of your data, update your data, object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information and you correct or amend that information if it is inaccurate or has been processed in violation of privacy laws, to the extent allowed by applicable law.
  • If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • You have the right to opt-out from our marketing communications at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contacting Us” heading below.
  • You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

To exercise these rights, please email info@futuresthrive.com (include “privacy” in the subject line of your message).

Rights of Users in Certain U.S. States

This section applies solely to residents of the States of California, Virginia, Colorado, Connecticut, and Utah who have interacted with us in the ways described in the introduction of this Privacy Policy, and who have certain privacy rights under the applicable laws in their state (respectively, the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, and the Utah Consumer Privacy Act; collectively, “Certain State Privacy Laws”)

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). We do not collect any “sensitive personal information” as defined under Certain Privacy laws. The length of time we retain this information is generally twelve months.  In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected [indicate “yes” or “no”]

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Only real name, DOB, zip code and email address

B. Personal information categories

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

NO

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

NO

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

NO

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

Audio and Visual only

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Audio, electronic, visual, or similar information

Recording of service calls

NO

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from users of our website when the user or their agent provides personal information to us.
  • Indirectly from you.  For example, by observing your interactions on our website and by using cookies.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose to service providers, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: Personal Information categories.

Category D: Commercial Information

Category F: Internet or other similar network activity.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes other than those set forth in our Privacy Notice without providing you notice.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our Affiliates.
  • Service providers and business partners.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information of consumers collected from the Website as defined by Certain Privacy Laws.

We have shared personal information with our Affiliates and service providers as disclosed above.

Your Rights and Choices

Certain Privacy Laws provide their residents with specific rights regarding their personal information. This section describes your rights if you are a resident subject to the Certain Privacy Laws and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • The categories of personal information sold, the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold; and
  • The categories of personal information disclosed for a business purpose.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

Opt-Out Request Rights

You have the right to opt-out of the sharing of your personal information that we collected from you. Once we receive and confirm your verifiable consumer request to delete your personal information, we will delete (and direct our service providers to delete) your personal information from our records and stop sharing it, unless an exception applies. 

Right to Request Correction of Inaccurate Information

You have the right to request correction of inaccurate information.  Once we receive and confirm your verifiable consumer request, we will correct any inaccurate information identified in the request our records, unless an exception applies.

Right to Appeal

If you are a Virginia, Colorado or Connecticut resident and we were unable to fulfill your request, we will notify you. You may appeal our decision by emailing us at [e-mail address of client] within fourteen calendar days, including “Appeal Request” in the subject line, with a detailed reason for your appeal, as well as your state of residence. If you are dissatisfied with our decision on your appeal, you may contact your applicable state Attorney General:

Virginia:

202 North Ninth Street

Richmond, Virginia 23219

Colorado:

1300 Broadway, 10th Floor

Denver, CO 80203

Connecticut:

https://www.dir.ct.gov/ag/complaint/

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by either:

  • Calling toll free at [toll-free telephone number of company] or by submitting a request to [e-mail address of company].
  • Only you or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request, to process and fulfill the request, and for necessary record keeping.

Process Used to Verify an Access and/or Deletion Request

You will be required to submit 4 pieces of information including your name, address, email, and phone number. We will use this information to search our systems and determine if we have information about you. If we are able to locate information about you, we will fulfill your access and/or deletion request. If we are not able to match all 4 pieces of information you submit, we may provide you with a report that includes the categories of personal information we collect, use, disclose, and sell.

Response Timing and Format

We try to respond to a verifiable consumer request within 45 days of its receipt, unless a shorter time period applies under Certain Privacy Laws.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under Certain Privacy Laws.

Rights of Users Outside of the United States

MentorPro operates its technology from servers located in the United States and the information it collects through clients is processed solely in the United States. Laws governing the collection and use of data in the United States may not be equivalent to those in the country where you reside, but MentorPro will at all times protect your data in accordance with this Privacy Policy.

Changes to this Privacy Policy

  • futuresTHRIVE may update this policy. We will notify you about significant changes in the way we treat personal information by posting a notice to our website at www.futuresthrive.com or, at our option, by sending a notice to the primary email address we have on file for you. 

Contacting Us

If you have questions or suggestions, please contact us at info.futuresthrive.com or by mail at futuresTHRIVE Ltd., Attn: Privacy/Legal Team, 67 Deepwood Road, Darien, Connecticut 06820, U.S.A.

Disclaimer

Tweenscreen™ is a mental health screening tool only, and does not diagnose any particular mental health condition. Tween screen™ is not intended to be a substitute for professional advice, diagnosis, or treatment, and any data, information, or results you may receive from using the application should be reviewed and discussed with a licensed and competent mental health professional. Always seek the advice of your mental health professional or other qualified health provider with any questions you may have regarding any mental health condition. Never disregard professional advice or delay in seeking it because of something you have read in the screening results on Tweenscreen™. Futuresthrive Ltd. makes no representation or warranty about the quality, accuracy, or thoroughness of any data, information, or results generated by our artificial intelligence enhanced screening application and assumes no liability for the consequences of any decision you or your mental health professional may make in reliance upon such data, information or results.