Effective Date: September 21, 2023
The Doximity Client Portal (the “Portal”) and all data and other information made available through the Portal (collectively, the “Doximity Data” and together with the Portal, the “Service”) are intended for use by and on behalf of customers of Doximity, Inc. (“Doximity,” “we,” “us,” or “our”) and the entities and individuals that represent them (collectively, “Customers”). These Portal Terms of Service (“Terms”), together with any agreement signed by or on behalf of the applicable Customer and Doximity that addresses certain elements of the Service (each, a “Customer Agreement”), govern such Customer’s use of the Service. If Customer is an agency representing or acting on behalf of an entity, Customer represents and warrants that it has the authority to bind that entity to these Terms, all actions in relation to the Service are within the scope of such authority, and by accepting these Terms, Customer is doing so on behalf of that entity (and all references to “you” in these Terms refer to that entity).
Permitted Use. We will provide the necessary links or other access protocols to enable authorized Customers to access the Portal. You may access and use the Service for internal business purposes in accordance with these Terms. You will not (and will not permit anyone else to):
Customer is responsible for any and all access or use of the Service by its employees, independent contractors, and representatives. We are not responsible to any Customer for any harm caused by individuals who were not authorized to access the Service but whose unauthorized access was caused by such Customer, including where an unauthorized individual was able to access the Service because the Customer did not ask us to terminate their access on a timely basis or failed to deactivate their Customer-affiliated email address. We reserve the right to monitor your use of the Service and to suspend or terminate your access without notice if we determine that you have violated these Terms, or if we determine that that continued access to the Service, in whole or in part, poses any risk of harm to Doximity or any third party. In no event will Doximity be liable for any such suspension or termination.
Engagement Data. Any information about an identifiable individual’s engagement with a Doximity advertising campaign that is included in the Doximity Data (collectively, “Engagement Data”) may be used by the applicable advertiser Customer for the sole purpose of evaluating the performance of the associated Doximity campaign, in compliance with applicable law (the “Permitted Use”). For the avoidance of doubt, Engagement Data may not be used to create or supplement a database of individuals’ usage patterns, preferences, or other behavioral profiles for any purpose, including to retarget such individuals for marketing purposes, or in connection with the development, promotion or sale of information products or services. Engagement Data may not be shared with any third party without obtaining Doximity’s prior written consent which may be withheld or rescinded in its sole discretion, and if granted, will be subject to the third party’s execution of Doximity’s Data Use Agreement limiting its use of the Engagement Data to assisting the advertiser with the Permitted Use. In no event will any party authorized to access Engagement Data use such Data for its own business purposes or for the benefit of any person or entity other than the applicable advertiser Customer as described above.
Engagement Data recipients shall comply with applicable data privacy laws including the California Privacy Rights Act (“CPRA”) and the Colorado Privacy Act (collectively, “Data Privacy Laws), and to the extent legally required or reasonably requested by Doximity, will provide relevant information to Doximity and its auditors to demonstrate compliance with such laws. Additionally, each such recipient shall provide reasonable support to Doximity to enable Doximity to respond to data subject requests in order to exercise their rights under applicable Data Privacy Laws, and will return or destroy the Engagement Data at the end of the term of the applicable Customer Agreement . In no event will any Engagement Data recipient “sell” or “share” Engagement Data as such terms are defined under the CPRA. Notwithstanding anything to the contrary herein or in any Customer Agreement, Doximity will have no obligation to make available any Engagement Data if Doximity determines that it is prohibited from doing so under applicable Data Privacy Laws.
You shall at all times maintain reasonable and appropriate administrative, physical, and technical measures to safeguard Engagement Data, which measures shall be at least as protective as those required by applicable law, and promptly notify Doximity at email@example.com of any unauthorized access, use or disclosure of Engagement Data (an “Unauthorized Use”) and include in the notice a description of the incident including the Engagement Data that was compromised and any corrective action taken by you. You shall use best efforts to immediately contain and remedy any Unauthorized Use and cooperate with Doximity to prevent any future Unauthorized Use of Engagement Data.
Customer Information. If you submit information to the Portal on behalf of a Customer, such as a list of healthcare providers the Customer wishes to reach with its advertising content through a campaign conducted by Doximity (“Customer Information”), you represent and warrant that you have the right to share and license the Customer Information for the purposes set forth herein, and you will use any reports and other information generated by the Portal in response to such submission for the sole benefit of such Customer. Doximity Data constitutes Doximity confidential information under the confidentiality terms of any Customer Agreement entered into by Doximity and the applicable Customer, and may not be shared with any individual or entity except as expressly approved by Doximity in writing.
Availability. We make reasonable efforts to keep the Service fully available to authorized users at all times, however we may encounter technical difficulties or engage in maintenance or updates that may cause temporary interruptions. The Portal may be impacted by events beyond our reasonable control, including denial-of-service attacks, a failure by a third party provider, acts of God, and government action. We will not be liable by reason of any failure or delay in our provision of the Service due to any of the aforementioned reasons. We reserve the right, at any time, to modify, suspend or discontinue access to the Service or any components thereof, without liability to you.
Customer agrees (on behalf of itself and any third party entity it is authorized to represent hereunder) to indemnify, hold harmless Doximity, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) Customer’s or any of its representative’s failure to comply with these Terms, or (b) Customer Information.
These Terms will remain in full force and effect during the period that Customer has access to the Portal. All sections of these Terms that by their nature should survive termination shall survive termination including without limitation Engagement Data, Ownership and Licenses, Disclaimers and Limitation of Liability, Indemnity, Choice of Law; Dispute Resolution, and Additional Terms
These Terms and the Service, as well as all related disputes, are governed by the laws of the State of California, without giving effect to its conflict of law provisions, regardless of from where you access the Service. You agree that the exclusive place of jurisdiction for all disputes and claims relating to the Service and/or these Terms is San Francisco County, California, or the United States District Court for the Northern District of California.
You acknowledge that the limitations and restrictions in these Terms are necessary and reasonable to protect Doximity, and agree that monetary damages may not be a sufficient remedy if you breach these Terms. In recognition of that, if Doximity brings any action or motion for injunctive relief due to your breach of these Terms, you agree not to assert that monetary damages would be sufficient remedy for that breach. You agree that Doximity is entitled to seek temporary or permanent injunctive relief against any threatened violation of such limitations or restrictions, or the continuation of any such violation, in any court of competent jurisdiction, without the necessity of proving actual damages.