End User License Agreement
Last updated: February 15, 2018, Version 4.0
YOU MUST CAREFULLY READ THE TERMS OF THIS END USER LICENSE AGREEMENT AND INDICATE AGREEMENT TO THE SAME.
This End User License Agreement (this “Agreement”) creates a contract by and between 98point6 Inc. (“98point6”), and the person (“you”, “yourself”, or “your”) who has downloaded the 98point6 Android app (“Application”) via Google Play. The “Application” includes all future versions of the software made accessible to User as part of the Application download and all information concerning the future versions. This Agreement is between 98point6 and yourself only, and not with Google.
Upon your acceptance of the terms and conditions of this Agreement, you agree that you have been advised of and understands the potential risks, consequences, and benefits of telemedicine described in Section 4 below.
1. License Grant. You must be 18 years of age or older to use this Product. Subject to the terms of this Agreement, 98point6 allows to you a limited, non-transferable, non-exclusive right to use the Application on any device that can access Google Play that you own or control.
Subject to the terms of this Agreement and any applicable Order (including but not limited to the payment of any fees required by 98point6), 98point6 will make the particular components of the Services specified in an Order available for use by Participant through the Platform on a non-exclusive subscription basis during the applicable term specified in the Order. Participants’ use of the Service may be subject to additional terms and conditions presented when registering or otherwise accessing the Platform. In the event that User (or User’s employer) has executed a written agreement for use of the Services, that written agreement, and not this Agreement, will control with respect to your access and use of the Services.
2. Restrictions on Use. You agree with 98point6 that the Product is owned by 98point6. User may not share the account authentication credentials with anyone else or otherwise permit anyone other than User to access to the Product. You are responsible for maintaining confidentiality of their own account authentication credentials and password and all activities that occur using the account authentication credentials. Unless otherwise specifically agreed to by 98point6 in writing, you will not (a) modify, make derivative works of, reverse engineer, decompile or disassemble the Product, (b) modify copyright and other proprietary notices of 98point6’s or its licensors’ proprietary rights in the Platform or Product, (c) make the Product available in any manner to any third party for use in the third party’s business operations, or (d) access or use (or permit third parties to access or use) the Product in order to build or support any products or services competitive with the Product. You may not make copies of the Application. The Application and its entire contents, features, and functionality (including, but not limited to, all information, software, displays, images, text, algorithms, video, and audio, and the design, selection, and arrangement thereof) are the property of 98point6 and/or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 98point6 reserves all rights in this regard.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
3. Feedback. 98point6 has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Product or the Platform (“Feedback”), and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict 98point6’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product or Platform. 98point6 will only publish your name or other identifying information in connection with any testimonial with your prior approval.
4. Consent to Treat. You consent to receive medical care from 98point6 medical providers using electronic interactive audio, video, or data communications, specifically, through use of the Product, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records medical data and education of you (each instance, a “telemedicine consultation”). You understand and agree to be treated via a telemedicine consultation, which inherently includes limitations presented by a virtual (non in-person) visit. You agree to accurately disclose your state of residence prior to participating in a telemedicine consultation using the Product. 98point6 medical providers will only be permitted to provide a telemedicine consultation if you are residing in a state and jurisdiction in the United States, in which such 98point6 medical providers are duly licensed to practice medicine. 98point6 does not warrant nor otherwise guarantee the availability of a 98point6 medical provider to you. 98point6 medical providers may have a financial interest in 98point6.
During your telemedicine consultation, you consent to the following:
a) Details of your medical information may be discussed with yourself and 98point6 medical providers through the use of electronic interactive audio, video or data communications technology;
b) Virtual examination of you may take place;
c) Non-medical technical personnel may be present in the telemedicine studio, either physically or virtually, to aid in video; and
d) Video, audio and/or digital photo may be recorded during the telemedical consultation.
All existing laws regarding your access to medical information and copies of your medical records apply to your telemedicine consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telemedicine consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telemedicine consultation. You understand that there are risks and consequences from telemedicine, including, but not limited to, the possibility that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons, and/or the electronic storage of your medical information could be accessed by unauthorized persons.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.
5. Registration and Security. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Websites and Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password.
6. Payments – Use of Stripe. You understand that 98point6 uses Stripe API to process payments through the Websites and Services. Payment processing services for Websites and Services are provided by Stripe and are subject to the Stripe Connected Account Agreement (as provided on the Stripe website) and Stripe Terms and Services (as provided on the Stripe website). By agreeing to these terms or continuing to utilize the Websites and Services, you agree to be bound by the above referenced Agreements, and agree that the same Agreement may be modified by Stripe from time to time. As a condition of 98point6 enabling payment process services through Stripe, you agree to provide 98point6 accurate and complete information about you and your payment information and you authorize 98point6 to share it and transaction information related to your use of the payment processing services provided by Stripe.
You understand and agree not to hold 98point6 liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen credit cards or unauthorized credit cards through your Stripe and/or your 98point6 account.
7. No Warranty. Due to the developmental nature of the Product, 98point6 makes no warranties regarding the performance of the Product or the compatibility between the Product and any future versions of it. The Product is provided AS-IS. Neither 98point6 nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Product. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROFESSIONAL SUPPORT SERVICES, THE APPLICATION AND SERVICES (INCLUDING BUT NOT LIMITED TO ANY MEDICAL SERVICES PROVIDED IN CONNECTION THEREWITH) ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE EXPRESS WARRANTIES, IF ANY, SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND 98POINT6 AND GOOGLE SPECIFICALLY DISCLAIM, ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT 98POINT6, GOOGLE AND EACH OF THEIR LICENSORS MAKE NO WARRANTY THAT THE PRODUCT WILL MEET USER’S REQUIREMENTS OR BE ERROR-FREE OR WITHOUT INTERRUPTION; THAT ALL ERRORS WILL BE CORRECTED; THAT THE PRODUCT WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR THAT YOUR SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ACKNOWLEDGE THAT 98POINT6 AND GOOGLE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. NEITHER 98POINT6 NOR GOOGLE WILL BE LIABLE FOR ANY ALTERATION, THEFT, DESTRUCTION OR LOSS OF YOUR DATA, FILES, OR PROGRAMS OR ANY PARTICIPANT DATA.
8. Limitation of Liability. CERTAIN PORTIONS OF THE SERVICES MAY BE PERFORMED BY 98POINT6 PHYSICIANS PC (“98POINT6 PC”). 98POINT6 PC IS A MEDICAL PRACTICE AND ORGANIZATION. 98POINT6 PC PROVIDERS PROVIDE THE MEDICAL SERVICES INCLUDING ASSESSMENT, DIAGNOSIS AND TREATMENT OR REFERRAL, AS APPROPRIATE, OF ANY ILLNESS DISEASE, OR ADVERSE MEDICAL CONDITIONS.
98POINT6 IS NOT A MEDICAL PRACTICE. 98POINT6 IS NOT A MEDICAL ORGANIZATION. THE TECHNICAL SERVICES AND PROFESSIONAL SERVICES ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF MEDICINE, AND ARE NOT THE DOCUMENTATION OF MEDICAL ADVICE OF ANY KIND.
98POINT6 AND 98POINT6 PC ARE NOT INSURANCE. NEITHER 98POINT6 NOR 98POINT6 PC ARE ENGAGED IN THE BUSINESS OF INSURANCE, AND NEITHER THIS AGREEMENT NOR ANY ORDER IS OR SHALL BE A CONTRACT FOR INSURANCE. THE FEE EARNED BY 98POINT6 DOES NOT COVER THE PROVISION OF MEDICAL SERVICES. THE FEE EARNED BY 98POINT6 PC SHALL COVER THE PROVISION OF MEDICAL SERVICES BY 98POINT6 PC AND ITS PROVIDERS ONLY, AND SHALL NOT COVER THE COST OF ANY DIAGNOSTIC TESTS, PRESCRIPTION MEDICATIONS OR MEDICAL DEVICES, OR SPECIALTY MEDICAL SERVICES RENDERED BY ANY THIRD-PARTY.
HARDWARE AND SOFTWARE IS COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 98POINT6 WILL NOT BE LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT. YOU SHOULD CONTACT 98POINT6 IF YOU HAVE ANY CONCERNS OR CLAIMS RELATING TO THE PRODUCT. FOR AVOIDANCE OF DOUBT, GOOGLE SHALL HAVE NO RESPONSIBILITY TO ADDRESS ANY CLAIMS OF YOURS OR ANY THIRD-PARTY RELATING TO THE PRODUCT OR YOUR POSSESSION AND/OR USE OF THAT PRODUCT, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE PRODUCT FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT OF ANY THIRD-PARTY CLAIM THAT THE PRODUCT OR THE USER’S POSSESSION AND USE OF THAT PRODUCT INFRINGES THAT THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS, 98POINT6, NOT GOOGLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
“Confidential Information” includes all confidential or proprietary aspects of the Application and Services, including any of its features and functionalities, in addition to any information User submits through the Product that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information). Confidential Information does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, becomes public through no fault of the recipient.
98point6 and yourself (each a “Party”) will not disclose the Confidential Information of the other party and will use the Confidential Information of the other party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither party acquires any right, title, or interest in the other party’s Confidential Information.
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
10. Term. 98point6 may suspend or terminate your use of the Product by suspending the account for any reason at any time. 98point6 may maintain, delete or destroy all communications and materials posted or uploaded to the Product per its record retention and/or content destruction policies. Whether during the term or after termination of this Agreement, 98point6 has no obligation to continue to provide the Product or service; however, 98point6 will provide access to any of your health records in 98point6’s possession as a result of this Agreement as may be required under applicable legal, ethical and professional obligations. In case of any conflict between this Agreement and the applicable terms of the Google Play Terms of Service, the Google Play Terms of Service shall govern.
11. Notices. Notices from one party to the other shall be in writing and may be sent via email. You can notify 98point6, Inc., 701 5th Ave. Ste. 2300, Seattle, WA 98104, by contacting 98point6with any questions, complaints or claims with respect to the Product. Notices from 98point6 to you will be sent to the email address previously provided by User in applying for the Product.
12. Dispute Resolution; Binding Arbitration.
Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with 98point6 and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this Agreement.
Except for small claims disputes in which you or 98point6 seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or 98point6 seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, You and 98point6 waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Product resolved in court. Instead, for any dispute that you have against 98point6, you agree to first contact 98point6 and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to 98point6 by email at email@example.com or by certified mail addressed to: Tori Lallemont, 701 5th Ave. Ste. 2300, Seattle, WA 98104. The Notice must (a) include User’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to User will be similar in form to that described above. If User and 98point6 cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either Party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Seattle, Washington accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledges and agrees that you have read and understand the rules of JAMS or waive the opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and 98point6 agree that any dispute arising out of or related to this Agreement or the Product is personal to you and 98point6 and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and 98point6 agree that this Agreement affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrators, 98point6, and yourself will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and 98point6 agree that for any arbitration you initiates, you will pay the filing fee and 98point6 will pay the remaining JAMS fees and costs. For any arbitration initiated by 98point6, 98point6 will pay all JAMS fees and costs. You and 98point6 agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Product must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that User and 98point6 will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 10 by emailing firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name, address and clearly indicate User’s intent to opt out of binding arbitration. By opting out of binding arbitration, User is agreeing to resolve disputes in accordance with Section 10.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
13. Governing Law. This Agreement and User’s use of the Product are governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims a federal or state court will be resolved in the state or federal courts of State of Washington, USA.
14. Miscellaneous. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that this Agreement shall in any event otherwise remain valid and enforceable. In no event will 98point6 be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within 98point6’s reasonable control. This Agreement is for the benefit of, and shall be binding upon the parties. No third-party shall be considered a third-party beneficiary hereunder. User may not assign or transfer your rights or obligations under this Agreement without the prior written consent of 98point6. User and 98point6 are independent contractors with respect to this Agreement and the Product.
15. Responsibility for Security Devices. You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Information System(s)”). In the event you are accessing the Websites and Services through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations (“Applicable Laws”), and ensure adequate security of Your Information System(s). Each of you and Us agree to notify the other of any violation of data security of which you or Us become aware.
16. Cap on Annual Encounters. You acknowledge and agree that within a twelve (12) month period beginning on the date of your first encounter, You are limited to thirty-six (36) encounters per twelve (12) month period as part of Your subscription or plan through Your employer. Additional encounters can be purchased on an a la carte basis. The limitation of thirty-six (36) encounters per twelve (12) month period does not apply to individuals paying a per-visit fee associated with a Health Savings Account (HSA).
Last Modified: February 15, 2018, Version 5.0
3. Contact Information
4. Individuals Under the Age of 18
The Software, Websites and Services are not intended for individuals under 18 years of age, and we do not knowingly collect Personal Information from individuals under 13 years of age.
5. Personal Information We Collect or Maintain
The Personal Information we collect or maintain includes information you submit through our Websites, Software or Services such as name, email address, phone number, residence, age, professional credentials and experience and other information you submit.
The Personal Information we collect or maintain when you use the Software, Websites or Services includes:
- Information you provide when you register, including your name, email address, phone number, physical address, demographic information, profile photo, account authentication credentials
- Information you provide relating to your health and health history.
- Other information you submit through the Websites, Software or Services as well as information generated through your use of the Websites, Software, or Services, such as your diagnosis, care plan, and transcripts of text chats associated with your visits
- Third party website, network, platform, server, and/or application information (e.g., Facebook, Tune).
- Usage activity concerning your interactions with the Website and Services and/or other third-party websites, networks, platforms, servers, or applications accessed through the Website and/or the App (e.g., number of clicks on a page, identity of third-party websites, networks, platforms, servers and applications being accessed through the Websites or Services.
- Usage activity concerning products and services provided to or accessed by you on or through the Website or Services (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections).
- Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Website or Services, or which are accessed via your public or linked social media pages (e.g., Facebook).
6. Online Tracking and Information We Collect Automatically
We currently do not respond to “Do Not Track” requests across all parts of our Websites and Services.
By visiting, accessing or using the Website or Services, you acknowledge and agree in each instance that you are giving 98point6 permission to monitor or otherwise track your activities on the Website or Services, and that 98point6 may use the technologies and/or other tracking, data aggregation and data analysis technologies described in this policy.
As you use the Websites or the Software or Services, we may use technologies that automatically collect and analyze information, such as your devices’s IP address, the type of device you are using, browser type and version, time and date of visit, time spent on those pages and additional usage statistics. We may also collect device and advertising identifiers, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information.
We also use other analytic tools and services, which are offered by third parties, to and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Some of the analytic tools and services which we might use are through Facebook and TUNE. 98point6 may also use other third-party analytic tools and services. The use of information collected about you and your visits by Facebook and TUNE is governed by their policies.
We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
7. Blocking Tracking
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites. You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising.
You can prevent Google Analytics from recognizing you on future visits to the Software or Websites by disabling cookies in your browser or by installing the Google Analytics Opt-out Browser Add-on.
You may learn more about the End User Opt Out process for TUNE by clicking here. If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Services may be degraded.
There are also ways to restrict Facebook tracking in your account Settings.
8. How We Protect Personal Information
We strive to implement reasonable and appropriate physical, technical and administrative measures to protect information under our control. However, no method of transmission or electronic storage is fully secure, and we cannot guarantee absolute security.
9. Use of Personal Information
Subject to applicable legal restrictions, we may use your Personal Information to:
- Provide you with the Services
- Send you follow-up communications related to the Services
- Improve the quality of the Software, Services or Websites
- Create new Software, Services or Websites
- Create De-Identified Information
- Market the Websites, Software and Services to you
- Fulfill any purpose for which you give us authorization
- Improve the Website or Services and/or their respective content, features and/or services
- Improve the products, services, marketing and/or promotional efforts of 98point6
- Create new products, services, marketing and/or promotions for 98point6
This includes sending you emails, mail, SMS messages and push notifications to communicate about the Services you receive and give you updates, such as alerts about messages in your account, status of care plans or prescriptions or to request your feedback on your experience. You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our email communications. You can unsubscribe from text messages by following instructions for unsubscribing and can manage push notifications in the Settings menu of your device.
10. Disclosure of Personal Information
Subject to applicable legal restrictions, we may share Personal Information that you provide or that we collect:
- To subsidiaries, affiliates and business associates
- To various contractors, service providers and other third-parties we use to support our business who are contractually obligated to keep Personal Information confidential and use it only for the purposes for which we disclose it to them (such third-parties include, but are not limited to, websites hosting providers, data hosting providers, customer support providers, communications vendors and various other IT service providers)
- As required by law, including in response to a court order
- When we reasonably believe that such disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud or to respond to a government request
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of 98point6’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Software, Services or Websites is among the assets transferred.
- For any other purpose that we disclose to you when you provide the information
- For any other purpose that we disclose to you when you provide the information.
11. Requesting Access and Changes to Your Personal Information
You can contact us by submitting an inquiry via our Contact Us form to request access to, correct, modify or delete Personal Information that you have provided to us. Note that we may be required, by law or otherwise, to keep certain information, in which case we will comply with your deletion request only after we have fulfilled such legal requirements. When we delete Personal Information, it may remain in our archived data.
12. Patients in Texas
If you wish to complain to the Texas Medical Board, please do so in writing. Provide full name and practice address of practitioner. Also, provide dates and details of any incident, being as specific as possible. If your complaint is within the Board’s jurisdiction, it will be assigned for proper study. Complainants are advised of an investigation status approximately every 90 days until final action is taken.
To place a complaint: Submit your complaint electronically via the Online Complaint Form, or print the COMPLAINT FORM and mail it in, or call the Complaint Hotline 1- 800-201-9353 and follow the automated prompts to request a complaint form.
NOTICE OF PRIVACY PRACTICES
Last Modified: February 15, 2018, Version 5.0
This Joint Notice of Privacy Practices (Notice) describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully. This Notice is being provided to you on behalf of 98point6 Inc., and the 98point6 Physicians Professional Corporations (collectively referred to herein as “we” or “our”).
We are committed to protecting the confidentiality of your health information. We are required by law to maintain the privacy of your Protected Health Information (commonly called PHI or health information), including PHI in electronic format. We are also required to notify you of our legal duties and privacy practices regarding your health information and abide by the practices of this Notice, unless more stringent laws or regulations apply. This Notice applies to all 98point6 services and providers that provide healthcare to you.
If you have any questions about this notice, please contact 98point6 using the contact information below.
J. Claire Carbary
Associate General Counsel
701 5th Avenue
Seattle, WA 98104
We keep a record of the healthcare services we provide you. You may ask us to see and copy that record. You may also ask us to correct that record. We will not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it by contacting us at email@example.com.
EFFECTIVE DATE AND CHANGES TO THIS NOTICE
This current Notice takes effect on October 25, 2017 and will remain in effect until it is replaced. We may change this notice at any time. If the Notice changes, the new terms will apply to all of the information that we maintain, including information created or received before the change was made. Updated versions of this notice will be posted on the 98point6 website with the updated effective date and significant updates will be presented to you the next time you use the Software or Service.
Inspection and Copies
You can ask to see or get an electronic or paper copy of your medical record and other health information that we have about you by submitting a Patient Authorization to Release Medical Record form. You can request this by using our Contact Us form on the website. We will provide a copy or a summary of your health information. A reasonable, cost-based fee may be charged to do this. We will notify you of the cost involved and you will have the chance to change or withdraw your request at that time before any charges.
If you think health information we have about you is incorrect or incomplete, you may ask 98point6 to correct the information. To request an amendment, complete and submit a medical record amendment/correction request to 98point6. You can initiate this process by using the Contact Us form on the website and requesting to make a change to your medical record and we will provide instructions to you about how to make the request. If 98point6 corrects the information as you requested we will inform you. 98point6 may say “no” to your request, but will tell you why in writing. You have the right to add a statement to your record if this happens.
You can ask 98point6 to contact you in a specific way (for example, send email to a different address). 98point6 will accommodate all reasonable requests.
You can ask 98point6 not to use or share certain health information for treatment, payment or our operations. 98point6 is not required to agree to your request, and may not be able to accommodate such request if it would affect your care. If you pay for a service or healthcare item out-of-pocket in full, you can ask 98point6 not to share that information for the purpose of payment or our operations with your health insurer. 98point6 will accommodate unless a law requires us to share that information.
Accounting of Disclosures
You can ask for a list “accounting” of the times 98point6 has shared your health information for six years prior to the date you ask, who it has been shared with and why. 98point6 will include all the disclosures except for those about treatment, payment and health care operations, and certain other disclosures (such as any you asked us to make). 98point6 will provide one accounting per year for free but will charge a reasonable, cost-based fee for additional requests within 12 months.
You can ask for a paper copy of this notice at any time, even if you have agreed to receive it electronically. You may also find a copy of this Notice on our website. To obtain a paper copy, contact 98point6 by emailing firstname.lastname@example.org.
You have the right to be notified in the event that 98point6 (or a 98point6 business associate) discovers a reportable breach of unsecured health information.
You can complain if you feel 98point6 has violated your rights using the contact information above. You can file a complaint with our office or with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to:
200 Independence Avenue, S.W.
Washington, D.C. 20201
You can also call them at 1-877-696-6775 or visit www.hhs.gov/ocr/privacy/hipaa/complaints/. 98point6 will not retaliate against you for filing a complaint.
USES AND DISCLOSURES OF HEALTH INFORMATION
98point6 will use and disclose health information in the following ways:
98point6 may use self-reported health information about you to provide you with medical treatment or services. To the extent permitted by HIPAA, 98point6 may disclose health information about you to doctors, nurses, technicians, staff or other personnel who are involved in taking care of you and your health. In addition, 98point6 may share information about you and disclose information to people who do not work for 98point6 in order to coordinate care and further your treatment, for example, sending prescriptions to your pharmacy.
Health Care Operations
In accordance with HIPAA 98point6 may use and disclose health information about you in order to run 98point6 and make sure that you and our other patients receive quality care. This may include 98point6 sending you surveys or questionnaires to request your feedback about our software and services. You can opt out of these types of communications at any time.
98point6 will use your health information for research. You may be asked to authorize specific uses in a HIPAA authorization and study consent form.
98point6 will use your health information to develop new software products. We may contact you for feedback about the software or our services as part of our product development. You can always opt-out of these communications. You may be asked to authorize specific uses in a HIPAA authorization form.
98point6 will use your information, such as demographic and contact information, and information about your healthcare to identify programs, initiatives and information that are likely to interest you and contact you about those programs, initiatives or information. You may be asked to authorize specific uses in a HIPAA authorization.
98point6 does not receive any payment for sharing your information. 98point6 will not provide your information to unrelated parties for their own marketing and will not use this information for telephone solicitations. 98point6 does not and will not sell patient lists to third-parties for their own marketing activities.
98point6 is permitted to use and disclose your health information upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke an authorization at any time.
As Required by Law
98point6 may use and disclose your health information to the extent required by law.
The following categories describe unique circumstances in which 98point6 may use and disclose your health information:
Help with public health and safety issues
98point6 may use and disclose health information about you for certain situations such as: preventing disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to anyone’s health or safety.
Respond to Organ and Tissue Donation
98point6 may release health information to organizations that handle organ procurement.
Military, Veterans, National Security and Intelligence
If you are or were a member of the armed forces, or part of the national security or intelligence communities, 98point6 may be required by military command or other government authorities to release health information about you. 98point6 may also release information about foreign military personnel to the appropriate foreign military authority.
Address Workers’ Compensation, law enforcement and other government requests
98point6 may use or share information about you in the following circumstances: for worker’s compensation claims; for law enforcement purposes or with a law enforcement official; with health oversight agencies for activities authorized by law; and for special government functions such as military, national security, and presidential protective services.
Work with Coroners, Medical Examiners and Funeral Directors
98point6 may release health information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
Respond to Lawsuits and Legal Actions
98point6 may share your health information in response to a court or administrative order, or subpoena.
Information Not Personally Identifiable
98point6 may use or disclose health information about you in a way that does not personally identify you.