ST.VINCENT HEALTH SOCIAL MEDIA POLICY AND TERMS OF USE

St. Vincent Health, Inc. (“SVH”) operates several public social media sites to which SVH may post, or allow third parties to post content, including, but not limited to, written, photographic, and/or video content.  Such social media sites may include, but are not limited to, SVH’s website, Facebook, Twitter, YouTube, and internet blog sites (“Social Media Sites”).  This Social Media Policy and Terms of Use (“Policy”) govern SVH employees and third parties (“Users”) that post content to or otherwise participate in SVH Social Media Sites as set forth below.  Users of this site should be aware that SVH cannot control or protect all third party content posted to SVH Social Media Sites and that each User will be responsible and assume all liability related to any content he or she posts to SVH Social Media Sites.  ALL USERS OF SVH SOCIAL MEDIA SITES AGREE TO THE TERMS OF THE POLICY UPON POSTING ANY CONTENT TO AN SVH SOCIAL MEDIA SITE WITHOUT ANY FURTHER REQUIREMENT OR AGREEMENT.

1.         All Users that are SVH employees or employees of an institution sponsored by SVH shall comply with all SVH and sponsored institution policies and procedures that address or would otherwise affect employee use of SVH Social Media Sites.

2.  Users of SVH Social Media Sites must be eighteen (18) years or older.

3. Users shall be solely responsible for, and shall solely assume all risks associated with, the security, privacy, and confidentiality of the content Users post to SVH Social Media Sites.

4. Users of SVH Social Media Sites shall not post the Protected Health Information of another person to SVH Social Media Sites, whether in written, photographic, or video format.  For purposes of the Policy, “Protected Health Information” shall mean the information of another person that (a) relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care; and (b) that identifies the person or with respect to which there is a reasonable basis to believe the information can be used to identify the person; or as otherwise defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and accompanying regulations, as amended from time to time.  In the event a User posts his or her own Protected Health Information to an SVH Social Media Site, SVH cannot and does not warrant or guarantee that the User’s Protected Health Information will not be re-disclosed to a third party or the public at-large without the User’s authorization.

5. Users that post content to SVH Social Media Sites agree to abide by all local, state, and federal laws and regulations.  Specifically, Users may not post content that (a) violates federal copyright, patent, or trademark laws nor that infringes on the intellectual property or proprietary rights of another party; or (b) tortiously defames or misappropriates the likeness, invades the privacy of, or interferes with the business relationship of another party.  Moreover, Users shall not post content that is otherwise disruptive, hateful, ethnically discriminatory or objectionable to another party as solely determined by SVH.

6. Users shall not post promotional messages, junk mail, spam or any other form of solicitation; or any content that contains viruses, worms, malware, or any program or information that would disrupt, limit, damage, or destroy SVH’s computers or computer and technology systems, including the software, hardware, or telecommunications systems utilized by SVH.

7. Users shall not post content or advertisements that solicit contributions for or that support (a) a candidate running for or currently elected to local, state, of federal political office; or (b) a legislative issue.  SVH does not endorse or support any advertisement, product, service, views or content displayed on the Social Media Sites by third parties.

8. Users agree that SVH may monitor and refuse, block, remove or terminate any content posted by a User or a User’s access to SVH Social Media Sites as SVH deems appropriate and within its sole discretion.  Furthermore, Users agree that SVH may disclose User content or personal information as required by law or upon the request by governmental authorities, including, but not limited to state and federal regulatory agencies and state and federal courts.

9. Users that post content to SVH Social Media Sites agree to grant SVH an irrevocable right to modify, reproduce, or create derivative works from User content for SVH or third party use.

10. Each User agrees that he or she will indemnify and hold harmless SVH, its officers, agents, and employees from any loss, cost, damage, expense, attorney’s fees, and liability of whatsoever nature or kind arising out of the User’s breach of the Policy or the sole negligent act or negligent failure to act of the User associated with User’s participation in SVH Social Media Sites.

11. Users agree that the terms of this Policy shall be construed and governed by the laws of the state of Indiana, without regard for its choice of law provisions, and that any claim or dispute brought against SVH based on the Policy or the terms thereof shall be brought in a court located in Marion County, Indiana.

12. Users agree and acknowledge that SVH may modify or update the Policy at any time and within its sole discretion and without notice to Users who shall be bound by all current versions of the Policy regardless of when User posted to an SVH Social Media Site and became bound by the terms thereof.  This Policy shall be effective to a User as of the date the User first posts content to an SVH Social Media Site.  For questions or inquiries regarding the Policy or User participation on SVH Social Media Sites, please contact: jasmith1@stvincent.org