Last Modified: 30 June 2024
This "Spruce – Terms of Service for Organizations - Specific Situations Addendum" (the "Terms Addendum") is incorporated into and a part of the "Spruce Care Messenger – Terms of Service for Organizations" ("Terms of Service", as available at https://sprucehealth.com/terms-organizations), where applicable. The term of this Terms Addendum will be concurrent with that of the Terms of Service, and will thus continue until the expiration or termination of the Terms of Service.
For the avoidance of doubt, headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section.
Spruce will comply with California state law, including Sections 56.101, 56.108, and 56.110 of its Civil Code, as amended by California Assembly Bill No. 352 in September of 2023, with these Sections together, in their current form, referred to hereafter as "California AB 352".
To the extent that your use of the Platform makes you, your patients, or Spruce a responsive entity under California AB 352, you acknowledge and agree that:
The Platform allows you to process and store information in conversation threads (also called "conversations") and contact-book entries, as described in the Platform documentation, including the documentation at https://help.sprucehealth.com/. You will not process or store information that is responsive to California AB 352 outside of conversations or contact-book entries.
The Platform contains functionality that allows you to segregate any information of your choosing, in conversations and contact-book entries, including information responsive to California AB 352, as well as to control the access to and disclosure of this information. This functionality is described in the Platform documentation, including the documentation at https://help.sprucehealth.com/.
Other than as instructed by you or as necessary for Platform operation, Spruce will not permit access to, or otherwise disclose, any information on or from the Platform, regardless of segregation status.
Spruce does not, by default, have knowledge of what type of information you store or process on the Platform, including knowledge of whether this information might be responsive to some or all of California AB 352.
Spruce also does not have knowledge of how your conversations and contact-book entries on the Platform might relate to and amongst each other, unless you formally associate these conversations and contact-book entries with each other via the structured functionality of the Platform, including as documented at https://help.sprucehealth.com/. For clarity, this structured association is mandatory for Spruce to be able to determine which information relates to a particular person or other entity on the Platform.
As an essential condition of use of the Platform, if you use the Platform to process or store information that is responsive to Section 56.108 or Section 56.110 of California AB 352, you will use the Platform functionality to mark this information as follows, so that Spruce will have knowledge of its existence and relevant contents:
If you need to mark the contents of a conversation on the Platform, you will post a message in the conversation, containing this exact text: "This conversation contains information that is covered by California Civil Code, Section 56.108 or 56.110." The presence of this message in a conversation will mark all information in the conversation, but it will NOT mark the contents of any other conversation or of any contact-book record.
If you need to mark the contents of a contact-book record on the Platform, you will create a custom field on the contact-book record, with the exact field name of "AB 352 Statement" and containing this exact text: "This contact-book record contains information that is covered by California Civil Code, Section 56.108 or 56.110." The presence of this custom field entry on a contact-book record will mark all information in the contact-book record, but it will NOT mark the contents of any other contact-book record or of any conversation. If you remove, rename, or otherwise alter the custom field, you will nullify its marking.