Background
(A) Togetherall’s Support Network is an online service to support the mental wellbeing of individuals.
(B) Togetherall Professional Services Portal is a tool that allows Recommenders authorized by the Customer to recommend individuals for invitation to join Togetherall’s Support Network.
(C) The Support Network and Togetherall Professional Services are provided to Users and Recommenders via agreements with an organization, school, or business with which they are affiliated.
(D) These Terms regulate the access and use of the Togetherall Professional Services Portal and use of the Togetherall Professional Services by Recommenders.
Definitions
- “Account” means the account that is created for the Recommender to access the Togetherall Professional Services Portal.
- “Customer” means the organization that has entered an agreement with Togetherall to provide access to the Support Network by Users and access to the Togetherall Professional Services Platform by authorized Recommenders.
- “Data Protection Legislation” means, as applicable: (i) the Federal Trade Commission Act (15 U.S.C. §§ 41-58, as amended), (ii) the California Consumer Privacy Act of 2018 (“CCPA”), (iii) the Health Insurance Portability and Accountability Act of 1996 and any rules promulgated thereunder; and (iv) any other federal or state data protection laws now or in the future enacted, in all cases as amended or replaced from time to time.
- “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
- “Recommendation” means the nomination by a Recommender of a Recommended Individual to receive access to Togetherall’s Support Network.
- “Recommended Individuals” are individuals that are the subject of a Recommendation.
- “Recommenders” are individuals authorized by a Customer who have an Account and the ability to recommend individuals for access to the Support Network.
- “Togetherall Professional Services Portal” is the digital platform provided by Togetherall through which the Recommender can make a Recommendation for a Recommended Individual, communicate, and share information with Togetherall, and receive information from Togetherall about the activity of specific Recommended Individuals.
- The “Togetherall Professional Services” are the services provided to Recommenders via the Together Professional Services Portal whereby Recommenders (i) are provided with an Account; (ii) may recommend that an individual receive an invitation to join the Support Network; and (iii) are notified if a Recommended Individual joins the Togetherall Support Network in response to an invitation.
- “Site” refers to togetherall.com.
- “Support Network” or “Support Services” refers to the community platform and associated services available to all Users via the Site that enables Users to seek peer and community support and access a range of self-support and self-assessment tools.
- “Terms” refer to these Togetherall Professional Services Recommender Terms.
- “Users” are individuals who have registered and activated an account on the Support Network, having been designated by Togetherall’s Customer as being eligible to access the Support Network.
Services
The Recommender acknowledges and agrees that the Togetherall Professional Services is a platform through which Customer-nominated Recommenders access and receive the Togetherall Professional Services.
Togetherall Obligations
Togetherall will provide the Support Network and the Togetherall Professional Services in accordance with its agreement with the Customer.
Recommender Obligations
Recommender acknowledged and agrees that the Support Services are offered under the Togetherall Customer Terms which are incorporated by reference herein and Recommender agrees to be bound by those terms.
The Recommender shall:
- ensure that all Personal Information contained in the documents, information, items, and materials provided to Togetherall have been obtained and provided lawfully with all required consents and permissions of the data subject; and
- secure the informed consent of any Recommended Individual for Togetherall to (i) use personal information (i.e., email address) to issue an invitation for the Recommended Individual to join the Togetherall Support Network and (ii) notify the Recommender if a Recommended Individual has accepted the invitation to join the Togetherall Support Network; and
- provide any reasonable assistance to Togetherall that may be necessary for the provision of the Support Network and Togetherall Professional Services.
Disclaimers
Recommender acknowledges and agrees that:
- The Support Network is a self-assessment and self-use tool provided to Users for general support and guidance;
- The Services provided on and through the Support Network do not include the provision of medical care, mental health care, or other professional services;
- The Support Network is not a substitute for medical or mental health services provided by a licensed qualified professional;
- Togetherall cannot and does not assess whether the use of the Support Network and associated Services are appropriate for a User;
- The Support Network is not intended for use by individuals who are in crisis, suicidal, or otherwise pose a threat to themselves or others;
- Members of the Support Network, including Users, may post content to the Site, including content containing or linking to information sourced from third parties who are unknown to and not vetted by Togetherall. This information may or may not be reliable, truthful, accurate, or safe. Togetherall reserves the right (but not the obligation) to remove inappropriate, inaccurate, or potentially harmful content, and endeavors to do so, but does not warrant that the Site will be free of such content;
- As the operator of the Support Network, Togetherall’s role is to provide an environment in which Users can seek peer-to-peer and community support and access self-assessment and self-management tools. While Togetherall provides trained professionals to monitor activity on the Support Network Site, these individuals do not provide medical or mental health services to Support Network Users, and may or may not be licensed to do so in any particular jurisdiction;
- To the extent a Support Network monitor identifies a User who appears to be in crisis, Togetherall will offer support, including help and encouragement to contact emergency services or seek assistance from their physician or therapist. Togetherall does not warrant that: it will identify all Users in crisis; Users in crisis will respond to such help and encouragement; and/or that any emergency intervention will be successful; and
- Use of the Support Network is at the User’s sole risk.
Privacy and Security
Each of Togetherall and the Recommender shall comply with all applicable requirements of the Data Protection Legislation. This Clause 7 is in addition to, and does not relieve, remove, or replace, a party’s obligations under the Data Protection Legislation.
The Recommender will not share Personal Information about Users and Recommended Individuals with Togetherall except as strictly necessary for Togetherall to issue an invitation to join the Togetherall Support Network and/or as otherwise agreed between Togetherall and a Customer in order to deliver the Support Services in accordance with the Terms..
Togetherall will not disclose Personal Information about Users to the Recommender except as necessary to provide the Services, to respond in an emergency situation, or as required by law; provided, however, Togetherall will provide information on whether a Recommended Individuals has joined the Support Network in response to an invitation.
