Updated March 6, 2025
These TERMS OF SERVICE (“Terms”) form a legal agreement between you, or the entity you represent, (“you” or “Customer”) and Fivos, Inc. (“Fivos”) a Delaware company with its principal office at 8 Commerce Avenue, West Lebanon, NH 03784. The access to, and use of the Fivos’ Device Evaluation Portal (“DEP”) is subject to and governed by these Terms. You agree that by accessing DEP, you have read, understood, and agreed to be bound by these Terms.
EXPRESSLY PROHIBITED FROM USING THE SUBSCRIPTION SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
I. Fivos, Inc. – AQG Registry Platform Privacy Policy
Fivos is committed to the protection of your Personal Data. This Privacy Policy (this Policy”) applies to information that Fivos collects, receives, or uses on or in connection with the AATS Clinical Quality Gateway (“AQG”) registry platform (the “AQG Platform”) as operated by Fivos, Inc., a Delaware corporation. At times, Fivos may collect and/or process Personal Data which may include an individual’s name, date of birth, address, IP address, email among other identifiers in connection with its operation and maintenance of the AQG Registry Platform. The below policy will describe the collection and use of such data by Fivos.
In some cases, Fivos may process your personal health data or patient data as provided directly by you or by our customers for whom we process data. Fivos collects, uses, discloses, and retains Patient Data in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Health Information Technology for Economic and Clinical Health Act (“HITECH”), applicable state law, and Fivos’s own policies and procedures.
II. Definitions
The following definitions shall apply throughout this Policy:
● “Agent” means any third party that uses Personal Data provided to us to perform tasks on behalf of and under the instruction of Fivos. Examples include our cloud service providers or other contracted service providers.
● “Controller” means the entity that determines the purposes and means of processing personal data. Generally speaking, this is the entity that originally collected the data.
● “Personal Data” means Information or a set of information that identifies or could be used by or on behalf of Fivos to identify an individual. Personal Data does not include information that is encoded, anonymous, aggregated or publicly available information that has not been combined with non-public Personal Data.
● “Processor” means the entity which processes personal data on behalf of the controller.
III. Collection, Tracking, and Use of Cookies
When you visit the AQG Platform, Fivos may send one or more cookies—a small text file containing a string of alphanumeric characters—to your browser or mobile device. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Fivos may share this information with third party organizations that help us provide services to you.
IV. Data Collected
Fivos acts as a Processor of Personal Data in regard to the AQG Platform. As a Processor, Fivos collects Personal Data at the direction of our customers. The following types of Personal Data may be collected: medical records, including name, date of birth, social security number, medical images, patient outcomes, and other sensitive individually-identifiable data.
V. Privacy Principles
1. Notice
When Fivos collects Personal Data directly from individuals, we will inform them about the purposes for which we collect and use their Personal Data, the types of third parties (other than Agents), if any, to which we disclose that information, and the choices and means, if any, that we offer individuals for limiting the use and disclosure of their Personal Data. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Data to Fivos, or as soon as practicable thereafter, and in any event before we use the information for a purpose other than that for which it was originally collected. If Fivos receives Personal Data from its affiliates or other entities in which we do business, Fivos will use such information in accordance with the notices such entities provided and the choices made by the individuals to whom such Personal Data relates.
2. Website Consultants and Service Providers.
Fivos may disclose personal information to third party consultants and service providers (such as providers of hosting services, support, maintenance and remedial and repair services) to the extent that they require access to Fivos’ databases, or the information contained in Fivos’ databases, to service us and our customers under the conditions set out in the principles.
3. Enforcement of Rights / Security
Fivos reserves the right to release personal information (i) when Fivos is under legal compulsion to do so (e.g. we have received a subpoena) or Fivos otherwise believes that the law requires us to do so, (ii) when Fivos believes it is necessary to protect and/or enforce the rights, property interests, or safety of Fivos, our customers, or others, or (iii) as Fivos deems necessary to resolve disputes, troubleshoot problems, prevent fraud and/or enforce the Principles.
4. Reorganization or Sale In the event that Fivos is merged with or becomes part of another organization, or in the event that our company is sold or it sells all or substantially all of its assets or is otherwise reorganized, the information you provide may be one of the transferred assets to the acquiring or reorganized entity.
5. As Otherwise Allowed by Law
Fivos may transfer personal information to third parties where we are expressly authorized by Applicable Law and the Principles to do so. Fivos also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
6. Accountability For Onward Transfers
Information collected by Fivos may be stored, processed in, or transferred between any of the countries in which Fivos, its affiliates, or agents operate in to enable Fivos to use the information in accordance with this Policy. Fivos will obtain assurances from our Subcontractors and Agents that they will safeguard Personal Data consistently with this Policy. If Fivos has knowledge that an Agent is using or disclosing Personal Data in a manner contrary to this Policy, we will take reasonable steps to prevent or stop the use or disclosure.
7. Security
Fivos will take reasonable precautions to protect Personal Data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
8. Data Integrity & Purpose Limitation
Fivos will use Personal Data only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual or Controller, as applicable. Fivos will take reasonable steps to ensure that Personal Data is relevant to its intended use, accurate, complete, and current.
9. Access
Upon request, Fivos will grant individuals reasonable access to Personal Data that we hold about them, and we will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. Fivos may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. If an individual desires to correct, amend, or delete Personal Data that was provided to Fivos by third parties (and not directly by the individual), you may contact us to access, correct, or remove your information from our files. Fivos will use its best efforts to provide any access, or to correct or remove your information. Fivos will use its best efforts to provide requested access, or to correct or remove your information. Fivos reserves the right to retain a single copy of any data needed for archival purposes or to meet record retention requirements under Applicable Law. An individual should also contact the applicable third party to whom provided the data to correct, amend, or delete such Personal Data.
10. Resource, Enforcement, And Liability
Fivos will conduct compliance audits of our relevant privacy practices to verify adherence to this Policy. Any employee that we determine is in violation of this Policy will be subject to disciplinary action up to and including termination of employment.
11. Data Retention
Fivos may retain Personal Data for archival purposes, to meet legal obligations such as record retention requirements, to resolve disputes, or to enforce agreements. When Fivos no longer has a business need to process the Personal Data, Fivos will either delete or destroy the data, pursuant to the instructions of the Controller and/or Applicable Law.
VI. Minors
Our website and services are not intended for use or access by children or minors. Fivos does not knowingly collect or solicit information directly from anyone under the age of thirteen (13). If you believe Fivos has inadvertently collected information about a child under the age of thirteen (13), please contact us at privacy@Fivoshealth.com immediately using the contact information below.
VII. Dispute Resolution and Enforcement
Any questions or concerns regarding the use or disclosure of Personal Data should be directed to us at the address given below. Fivos will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Data in accordance with the principles contained in this Policy within thirty (30) days of receiving a complaint.
VIII. Changes to Fivos’ Privacy Policy
This Policy may be amended from time to time, consistent with the requirements of HIPAA, HI-TECH, and/or other Applicable Law. Fivos will provide appropriate public notice about such amendments. Your continued use of our Website or products following the posting of changes constitutes your acceptance of such changes.
IX. Contact Information
Questions or comments regarding this Policy should be submitted to us by mail or e-mail as follows:
Fivos, Inc.
Attn: Privacy Officer / Legal Dept.
8 Commerce Avenue
West Lebanon, NH 03784
Privacy@Fivoshealth.com