TERMS OF SERVICE & PRIVACY POLICY

Before using or accessing any EMBRACE [Emotional Monitoring and Behavioral Risk Assessment for Comprehensive Evaluation] system (the "Service"), please read the following. By accessing or using the Service you agree to these Terms of Service (the "Terms of Service") and the Privacy Policy (the "Privacy Policy" and together with the Terms of Service, these "Terms") described below. These Terms govern your access to and use of the Service.

EMBRACE is provided by the National Mental Health Network ("NMHN"). If you have any questions or concerns about our Terms of Service, our Privacy Policy, or the privacy practices described here, please contact: EMBRACE@nmh.network.

TERMS OF SERVICE

Last updated: 17 March 2024

This is not an emergency response system or crisis intervention service. If you are in crisis, please call or text 988, chat 988lifeline.org or refer to the list of your organization’s Emergency Resources to get immediate help.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with the Terms of Service. These Terms apply to all visitors, users, participants, and others who wish to access or use the Service. These Terms govern your access to and use of the Service.

SCOPE OF SERVICE

The goal of the EMBRACE is to provide an simple, accessible, and secure way for individuals from all walks of life to screen for anxiety, stress, depression, and other mental health concerns, and be connected with resources that will help them overcome any potential obstacles, including a personalized response for a licensed counselor from their sponsoring organization. Individuals can elect to communicate anonymously with the program counselor to receive recommendations, feedback, and support for connecting to available mental health services. Other organizations, such as high schools, might require a term-by-term mandatory screener to develop a mental health baseline, which may not be eligible for anonymity.

EMBRACE is not a crisis intervention or clinical service of any kind. Your participation with EMBRACE does not constitute a doctor-patient relationship, a therapist-client relationship, or a therapist-patient relationship and is not a substitute for professional health care. If you believe you are experiencing a mental health emergency, please call or text 988, chat 988lifeline.org or refer to the list of Emergency Resources to get immediate help.

Neither NMHN nor any of its employees, the entities with whom NMHN has contracted to provide EMBRACE nor any of its employees, including the program counselors, are responsible for any decisions, or results of the decisions that you make while, as a result of, or after using the Service. This includes whether you choose to seek or not seek professional care, or to modify or terminate specific treatment that you are currently receiving based on the information provided by the Service. Program counselors may ask questions and recommend mental health resources and services, but only you are responsible for your own actions.

YOUR CONSENT & MODIFICATIONS TO TERMS OF SERVICE

By using the Service, you agree to the practices outlined in these Terms of Service. NMHN reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. Any modifications will be effective immediately upon our posting them to this website. Please consult it regularly for any such changes. Your use of the Service after any such modifications have been posted shall constitute your acceptance of the revised Terms of Service.

USE OF SERVICE

DISCLAIMER

You assume all risk for use of the Service. Neither NMHN nor any of its employees, the entities with whom NMHN has contracted to provide the Service nor any of its employees, including the program counselors shall have any liability for (1) actions taken by you or a third party, or not taken by you or a third party, or (2) the unavailability of the Service, and you agree to indemnify us and hold us harmless for damages arising out of (A) your use of the Service, (B) your breach of these Terms, (C) your violation of the law or (D) claims asserted by third parties that you are in breach of these Terms. Without limiting the foregoing, in no event shall NMHN be liable for any special, incidental, consequential, exemplary or indirect damages.

While NMHN is constantly working to improve the Service, the Service is provided on an "as is" basis and "as available" basis. NMHN and its Service providers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for any particular purpose and non-infringement. Without limiting the generality of the foregoing, NMHN and its Service partners make no warranty that the Service will (A) meet your requirements; (B) be uninterrupted, or error-free; or (C) meet your expectations. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

USER DATA & ACCOUNTS

We will maintain certain data that you provide as part of the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all the data that you provide or that relates to any activity you have undertaken using this website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

When confirming your eligibility to use the Service, you guarantee that you are 18 years of age or older, and that the information you provide is complete and accurate. You are responsible for maintaining the confidentiality of your login (your self-assigned username and password), including but not limited to the restriction of access to your computer and/or account. You may not use as a username any personally identifiable information, including but not limited to, any part of your first or last name, or email address, or the name or email address of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

Unless otherwise indicated, EMBRACE is the proprietary property of NMHN and all of the original content, features and functionality, including the source code, databases, algorithms functionality, software, website designs, methods, sources, data tables, media, and graphics used as part of the Service (collectively, the "Content") and the trademarks, service marks, and logos (the "Marks") are owned or controlled by NMHN or licensed to NMHN and are and will remain the exclusive property of the Service and its licensors, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States and foreign jurisdictions. No part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

LINKS TO OTHER WEBSITES

The Service may contain links to third party websites or services that are not owned or controlled by the Service, by NMHN, or the licensors. The Service, NMHN, or the licensors have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Service, NMHN, or the licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

PROHIBITED USES & RIGHT TO TERMINATE ACCESS

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for lawful and legitimate purposes. You agree not to use the Service as follows: 1) In any way that violates any federal, state, local and international law or regulation; 2) To threaten, harass, or otherwise inappropriately abuse the Service, its employees, partners, agents, subcontractors, program counselors, or others; 3) To send, knowingly receive, upload, download, use or re-use any content which does not comply with these Terms; 4) To "spam," gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing the Service or its users; 5) To impersonate or attempt to impersonate another person or entity; 6) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Service or users of the Service or expose them to liability; 7) To copy, adapt, decompile, reverse engineer, attempt to discover the source code of or make a derivative works of the Service or any portion of the Service; 8) To otherwise attempt to interfere with the proper working of the Service.

NMHN and its partners reserve the right to terminate your access to the Service if you violate these Terms, including by engaging in the prohibited uses described above. Program counselors may determine that you'd be better served by a different kind of support or that you require service beyond those that can be reasonably provided to you through this Service.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNING LAW

These Terms and the provision of the Service is governed solely by, and shall be interpreted according to, the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. If a court finds any provision of these Terms of Service to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining terms shall remain in full force and effect. These Terms constitute the entire agreement between you and the Service, superseding any other written or oral agreements or understandings.

CONTACT US

The Service is provided by NMHN. If you have any questions or concerns about our Terms of Service, please contact: EMBRACE@nmh.network.

PRIVACY POLICY

Last updated: 17 March 2024

This is not an emergency response system or crisis intervention service. If you are in crisis, please call or text 988, chat 988lifeline.org or refer to the list of Emergency Resources to get immediate help.

The National Mental Health Network ("NMHN") is dedicated to maintaining the trust and confidence of those individuals using any EMBRACE [Emotional Monitoring and Behavioral Risk Assessment for Comprehensive Evaluation] system (the "Service"). This privacy policy (the "Privacy Policy") governs your use of the Service and describes how we collect, use, protect or otherwise handle information in accordance with the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with the Privacy Policy. The Privacy Policy applies to all visitors, users, participants, and others who wish to access or use the Service. The terms of the Privacy Policy govern your access to and use of the Service. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in the Terms of Service above.

SCOPE OF SERVICE

YOUR CONSENT & MODIFICATIONS TO PRIVACY POLICY

By using the Service, you agree to the practices outlined in this Privacy Policy. NMHN reserves the right, at our sole discretion, to modify or replace this Privacy Policy at any time. Any modifications will be effective immediately upon our posting them to this website. Please consult it regularly for any such changes. Your use of the Service after any such modifications have been posted shall constitute your acceptance of the revised Privacy Policy.

INFORMATION COLLECTION & USE

During your use of the Service, you will be prompted to provide several different types of information. You are responsible for any information you provide during your use of the Service.

TYPES OF DATA COLLECTED

Personal Information

During your use of the Service you will be prompted (but not required) to voluntarily provide personal information. The personal information we collect can include the following:

Username and password
Security question and answer
Demographic information.Demographic information may include, but is not limited to age, gender, race and ethnicity, and sexual orientation. Demographic information is never required.
Position status or setting. In select instances we may require information for the sole purpose of directing you to resources and services for which you are eligible.
Email Address. While never required, you may be prompted to provide an email address for the sole purpose of receiving automated email notifications from the Service. See Use of Data section below for more information.
Phone number. While never required, you may be prompted to provide a mobile phone number for the sole purpose of receiving automated text message notifications from the Service. See Use of Data section below for more information.

Usage Data

We collect information on how the Service is used ("Usage Data"). This Usage Data may include information on the date your questionnaire/quiz was submitted, the date the program counselor's response was reviewed, and the number of dialogue notes submitted.

Session Cookies

The Service utilizes anonymous cookies with the sole purpose of tracking the users' session status via an arbitrary session ID. No other tracking cookies are utilized.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser's settings to learn the correct way to modify your cookies. Please note that if you do not accept cookies, you may not be able to use some portions of the Service.

USE OF DATA

The Service uses the collected data for various purposes, including but not limited to: The Service uses the collected data for various purposes, including but not limited to: 1) To provide and maintain the Service; 2) To allow you to participate in interactive features of the Service when you choose to do so; 3) To gather information so that we can improve the Service; 4) To monitor Service usage; and 5) To detect, prevent and address technical issues.

Use of Email Address and/or Phone Number

During your use of the Service you may be prompted (but not required) to voluntarily provide an email address and/or phone number. If provided, the email address and/or phone number are immediately and automatically encrypted. The email address and/or phone number are not shared with NMHN nor its employees, Service partners, nor its employees, including the program counselors.

Email and/or Text Message Notifications and Reminders: If you choose to provide your email address and/or phone number, you will receive two types of automated email and/or text message notifications: 1) when a response to your questionnaire/quiz is posted to the program website by a program counselor, and; 2) each time a dialogue note is posted to the program website by a program counselor. In addition to the automated email and/or text message notifications, you may receive a limited number of automated email and/or text message reminders if a response or dialogue note has been posted to the website by a program counselor and remains unviewed by you for a certain number of days/weeks. The third and final reminder contains a link to an update questionnaire/quiz.

Unsubscribing: You may unsubscribe to email and/or text message notifications and reminders at any time by clicking on the unsubscribe link.

Reporting Email as Spam/Junk: If you report an email notification as spam/junk, your email address will be unsubscribed and therefore removed from future mailings.

Use of Information by Program Personnel

The Service is operated in conjunction with program personnel, including program counselors, provided by the organization or institution licensing this Service.

Program Counselors: Your identity may not be known to the program counselors, unless you decide to share it. If you choose to share any information in the open-ended comments box or via the dialogue notes, including personally identifiable information, that information may be viewed by the Service staff or program counselors.

Outside Referrals: Program counselors may refer you to crisis hotlines, mental health services or programs. They may provide you with contact information, but they will not provide your contact information. Therefore, it is up to you to use the referral. If you would like to receive support from other services, please note that different rules may apply to their use or disclosure of personally identifiable information. We do not control the privacy policies of others. We encourage you to ask questions before you disclose your personally identifiable information to others.

RETENTION OF INFORMATION

The Service will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy. The Service will retain Usage Data for internal program evaluation purposes. Usage Data is used to strengthen the security or to improve the functionality of the Service.

SECURITY OF INFORMATION

We take strict precautions, including administrative, technical, and physical measures, to protect your information. When you submit sensitive information via the Service, the information is protected both online and offline. All information is stored on secure systems exclusively dedicated to this Service. Only approved Service employees are permitted access to those systems pursuant to the practices described above.

We employ different security techniques to protect sensitive information from unauthorized access, including industry standard encryption practices and Secure Sockets Layer (SSL) digital certification. SSL is an established industry standard that uses a public-and-private key encryption system to assure the security of messages transmitted over the Internet. By encrypting all data during the process of transmission, SSL prevents eavesdropping, tampering and message forgery, thus providing authentication and confidentiality to the website application.

To further enhance the security of communications that take place as part of the Service, the private network restricts the ability to access and alter data to those participants who are specifically authorized and who provide correct logins. Wherever we collect sensitive information, that information is encrypted in a secure way.

THIRD-PARTY DISCLOSURE

We contract with third-party providers for the purposes described in this privacy policy. This includes, but is not limited to, companies we have hired to help us provide and support the Service or assist in protecting and securing our systems and other functions of the Service.

Currently, we use the following providers to support the Service, including:

CALIFORNIA ONLINE PRIVACY PROTECTION ACT (CalOPPA)

CalOPPA requires commercial websites and online services to post a privacy policy. According to CalOPPA, we agree to the following: 1) Users visit our site anonymously; 2) Our privacy policy is available on the footer of the website; 3) Our privacy policy includes the word "Privacy" and can easily be found on the website at the location specified above; 4) You will be notified of any privacy policy changes on the privacy policy page; 5) You can change your personal information by logging into your account.

DELAWARE ONLINE PRIVACY PROTECTION ACT (DOPPA)

DOPPA requires commercial websites and online services to post a privacy policy. According to DOPPA, we agree to the following: 1) Users visit our site anonymously; 2) Our privacy policy is available on the footer of the website; 3) Our privacy policy includes the word "Privacy" and can easily be found on the website at the location specified above; 4) You will be notified of any privacy policy changes on the privacy policy page; 5) You can change your personal information by logging into your account.

FAIR INFORMATION PRACTICES

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. To be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: we will notify all service partners via email within one business day of the data breach.

GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The Service aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your personal information. If you wish to be informed about what personal information we retain and if you want it to be removed from the Service, please contact us. In certain circumstances, you have the following data protection rights: 1) The right to access, update, or delete the information retained by the Service. Whenever made possible, you can access, update or request deletion of your personal information directly within your account profile. If you are unable to perform these actions yourself, please contact us to assist you; 2) The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete; 3) The right to object. You have the right to object to our processing of your personal information. 4) The right of restriction. You have the right to request that we restrict the processing of your personal information. 5) The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. 6) The right to withdraw consent. You also have the right to withdraw your consent at any time where the Service relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. 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 in the European Economic Area (EEA).

LINKS TO OTHER WEBSITES

The Service may contain links to third party websites or services that are not owned or controlled by the Service, by NMHN, or the licensors. The Service, NMHN, or the licensors has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that the Service, NMHN, or the licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

CHILDREN'S PRIVACY

The Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

GOVERNING LAW

This Privacy Policy and the provision of the Service is governed solely by, and shall be interpreted according to, the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. If a court finds any provision of this Privacy Policy to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining terms shall remain in full force and effect. Together with the Terms of Service, this Privacy Policy constitutes the entire agreement between you and the Service, superseding any other written or oral agreements or understandings.

CONTACT US

The Service is provided by NMHN. If you have any questions or concerns about our Privacy Policy, please contact: EMBRACE@NMH.network