Following are amendments to the Agreement, notwithstanding any other terms and conditions to the contrary:
“Additional Services”
“Additional Services” includes data and analytics using Non-Sensitive Customer Report Data in order to:
- Provide reporting and analytics to customers surrounding the state and flow of reports in the application and statistics surrounding those reports;
- Provide aggregated benchmark reporting to customers across organizations, enabling comparisons between a single organization and a cohort of similar organizations; and
- Provide data and analytics for use by ClearView pertaining to the operation of the application such as:
- Number of unique logins
- Time and date of logins
- Login attempts
- The frequency of views of specific pages in the application
- The frequency of use of specific functionality in the application
- Application performance metrics
- Application error logs
“Sensitive Customer Report Data”
Except as otherwise specified in this Agreement, “Sensitive Customer Report Data” includes the following:
a) Any and all information pertaining to the identity of the Reporter, including but not limited to the Reporter’s:
i. Name
ii. Location/Address
iii. Relationship to the Organization (for example: employee, vendor, citizen, volunteer, patient, etc.)
iv. Function/Department/Title/Role/Supervisor
v. Contact information including but not limited to: Email address, telephone number, ISP information, etc. (whether or not the Reporter wishes to remain anonymous)
b) Any and all information pertaining to the Customer Profile/Reporting Entity/Company/Organization including but not limited to:
i. Name – except when reporting back to the Customer their own data
ii. Departments (or equivalent) – except when reporting back to the Customer their own data
c) Any and all information pertaining to Reports/Cases/Issues such as:
i. Individuals, Groups and/or Organizations identified
ii. Details such as a description of the incident
iii. Date of incident
iv. Location of incident
v. Uploaded files
vi. Any dialog between the Organization’s Reviewers/Investigators and Reporters (excluding text provided by the application in the “stepper” or “form”)
vii. Any dialog between the Organization’s Reviewers/Investigators
viii. Information regarding resolution of the Report/Case/Issue
d) Any Flex Field data identified as sensitive by the customer; and
e) Any and all personal information and personal data that is subject to the Personal Information Protection & Electronic Documents Act (PIPEDA), Health Insurance Portability and Accountability Act (HIPPA), the California Consumer Privacy Act (2018) (CCPA), ), the California Privacy Rights Act of 2020 (CPRA), Virginia Consumer Data Protection Act (VCDPA), EU General Data Protection Regulations (GDPR), or other similar federal, country, state or provincial legislation.
“Non-Sensitive Customer Data”
All data other than Sensitive Customer Report Data is considered Non-Sensitive Customer Report Data.