Last Revised: April 16, 2012

The New York Digital Health Accelerator and its sponsors including the New York eHealth Collaborative, the New York City Investment Fund, the New York State Department of Health, Health Research Inc., Empire State Development Fund, and its sponsors and its and their respective affiliates (“Accelerator”, “we”, “us” or “our”) share your concern about the protection of your personal information online. This Privacy Policy and Terms of Use (“Policy”) is our policy regarding maintaining the privacy of personal information we collect online in connection with this website (the “Site”).

This Policy describes the privacy practices we undertake and the terms of use governing the Site. This Policy sets out your obligations and ours with respect to your use of the Site and, by using the Site, you agree to abide by the terms of this Policy.

We may need to change the Policy from time to time in order to address new issues and reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy and your continual use of the Site subsequent to any changes to this Policy will mean that you accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of the Policy. We will post the current Policy here so that you will always know what information we gather, how we might use that information, and when we will disclose that information to third parties. You can tell that the Policy has been updated by checking the last revised date posted on the top of this page.

BY USING THIS WEBSITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT USE THIS WEBSITE.

Information We Collect and Track. Accelerator may collect and retain two types of information about Site visitors: (i) personal information that individual visitors provide when interacting on the Site, or voluntarily at certain other points (such as via forms, applications or emails); and (ii) tracking data, which is automatically collected from every Site visitor (collectively, “Information”). In addition, if you contact us, we may keep a record of your correspondence, including any Information contained therein.

The personal information we may collect includes, without limitation, Information regarding your name, mailing address, URL, e-mail address, phone number, resume, business plans, financial data and other data you voluntarily submit via the Site.

The tracking data we may record includes, without limitation, Information regarding the number and frequency of users to the Site, the websites that users access before and after they visit the Site, the internet software used by our users to access the Site, the type of operating system you are using and our users’ IP addresses and internet service providers. We may set and access “cookies” on your computer: A cookie is a piece of data stored on your hard drive by your browser containing information about you and once you close your browser, the cookie terminates. We will attempt to aggregate such tracking data so that no such data is tied to you in any personally-identifiable manner, however, due to the nature of the internet, this is not always feasible and tracking data may be traceable back to you.

How We Use Your Information. The Information that we may collect and that you provide to us is used for our business purposes and the purpose for which you provided it, including, without limitation, to respond to your requests or correspondence. The Information may also be analyzed so that we can serve you in the best manner possible on our Site through enhanced features and functions and to provide you with useful information.

Personal information may be provided to (i) the New York eHealth Collaborative, the New York City Investment Fund, the New York State Department of Health, Health Research Inc., Empire State Development Fund, and the New York Digital Health Accelerator and each of their respective affiliates, employees, consultants, volunteers and advisors, (ii) members of the selection committee and the mentors and (iii) leadership of the participating provider organizations and participating venture firms on a “need to know” basis in connection with the review of the application. Other than the foregoing, we will not disclose any personal information to third parties without your permission, except (i) to parties who perform service for us; (ii) when we believe that such disclosure is required by law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order; (iii) to enforce the Policy; (iv) to protect the rights, property, security or safety of the Company, Site users or the public; (v) to respond to an emergency; or (vi) as otherwise stated in this Policy.

We may use tracking data for a variety of purposes to offer you better service, including, without limitation, to understand Site usage, improve content and offerings on the Site, analyze trends, administer the Site, track user’s movement and gather broad demographic information for aggregate use.

Third Parties. We may employ third-party agents or third-party service providers to operate the Site and to perform functions on our behalf, such as sending postal mail and e-mail and analyzing data or other administrative tasks. These third-parties have access to the Information needed to perform their functions. We seek to limit such third-parties to using the information that is shared with them solely for the purpose of providing such services, however, we cannot be responsible for such third-parties’ use of Information not in compliance with this Policy.

In addition, we may disclose Information to certain third-parties if you have requested or authorized the disclosure of such Information.

Transfer of Information to Third Parties Upon a Sale or Change of Control. We retain the right to transfer or assign all Information pursuant to a merger, purchase or other transaction relating to the Accelerator or our assets if the assignee or purchaser agrees to abide by the terms of this Policy.

How Your Information Is Protected. We take reasonable precautions to protect your Information from loss, misuse or alteration. All of our employees, agents and contractors who have access to personal information are required to protect the confidentiality of this information in a manner consistent with this Policy.

You should recognize, however, that there is no such thing as “perfect security” on the internet and we cannot guarantee the security of your Information. We cannot be liable for any breach of our systems or interception of our transmission and we hereby fully disclaim, to the fullest extent provided under law any liability associated with any claim relating to a breach of security, data or information.

Other Communications. From time to time, we may e-mail Site users information regarding important developments affecting the Accelerator. We may also e-mail Site users on occasion regarding the Site. Such e-mails may be sent to Site users even if they have not requested to receive any communication from us.

Links to Third-Party Sites. The Site may contain links to sites owned and operated by other parties. We are not responsible for and have no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.

Ownership of Content. All text, images, graphics, sounds and software code (“Content”) on the Site are copyrighted property of the Accelerator, its affiliates or others. No part of the Content may be placed in the public domain. You may not reproduce, redistribute, publish, change or otherwise use by electronic or any other means any of the Content without our prior written consent. You shall use the Site for permitted, lawful, personal uses only and not to increase traffic to other websites.

Trademarks. New York Digital Health Accelerator and other marks indicated on the Site are the trademarks and/or service marks of the Accelerator or its affiliates, including, but not limited to the New York eHealth Collaborative, the New York City Investment Fund, the New York State Department of Health, Health Research Inc., Empire State Development Fund, and the provider organizations, and supporting venture capital associates may not be used or displayed without the prior written consent of Accelerator or the appropriate right holder. All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.

Site Directed at United States Visitors. The Site is targeted at and intended for users residing in the United States. Given the global nature of the internet, the Site may be accessed by users residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. If you are located outside of the United States, your Information will be transferred to the United States. By accessing our Site and by submitting your Information, you consent to its transfer and storage in the United States and its use by us as provided for herein.

Children Under 18. Children are not eligible to use our Site. If you are under 18, you can use this Site only in conjunction with your parents or guardians.

Limitation of Liability. New York Digital Health Accelerator and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Site and services or resulting from any information or services obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Site.

Arbitration and Applicable Law. This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. A material part of this Policy is the agreement to arbitrate any disputes. Any and all disputes relating to this Policy, with the exception of copyright, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in New York City pursuant to the rules of the American Arbitration Association. The decision of the arbitrator shall be binding on all parties, and the highest court having competent jurisdiction may enforce any award rendered by the arbitrator. You agree that the arbitrator shall have full authority to award all costs of the arbitration including legal fees, plus interest on any award. You agree that any action at law or in equity that arises out of or relates to any copyright issue related to the Site will be filed only with the United States District Court Southern District of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

How You Can Delete, Update or Correct Your Information and Contact the Site. You can email the New York Digital Health Accelerator by sending a message to info@digitalhealthaccelerator.com to update or correct your Information. You may request that all personal information collected be deleted from our system by e-mailing info@digitalhealthaccelerator.com, however, this may prevent future access to some areas of the Site. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Please contact us at info@digitalhealthaccelerator.com if you have any questions or concerns regarding the Site or this Policy.