Terms & Conditions
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SIMPLIFED THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
3. Changes to these Terms or the Services
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.
5. Disclosures Regarding Content and Virtual Care Services.
- The content of the Site and App are provided for informational purposes only. Any advice or information provided through the content on the Site or App does not create a provider-patient relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The content of the Site and App is not a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or App. If you think you may have a medical emergency, call your doctor or 911 immediately. RELIANCE ON ANY CONTENT PROVIDED ON THE SITE OR APP BY SIMPLIFED, OTHERS APPEARING ON THE SITE AT THE INVITATION OF SIMPLIFED, OR OTHER USERS OF THE SITE OR APP IS SOLELY AT YOUR OWN RISK.
- The Virtual Care Services you receive from Professionals through the Site or App should not be used as a replacement for professional guidance from your primary care provider or any other health care providers, and such Virtual Care Services may not necessarily give rise to a provider-patient relationship or an ongoing treatment relationship. You are expected to seek follow-up or emergency care as needed or recommended by a Professional, and you should continue to consult with your primary care provider and/or any other health care providers as needed or recommended. Additionally, unexpected events may disrupt our electronic communication with you and we may not be able to contact you as quickly as we would like to due to uncontrollable circumstances. If you think you may have a medical emergency, call your doctor or 911 immediately. Moreover, please be aware that our Professionals tailor their response to your specific situation, taking into account the information you have shared, and their response may not be appropriate for other mothers. The Professionals who provide the Virtual Care Services may make recommendations and/or arrangements for follow-up care, as appropriate, and you are welcome to access our Services for these follow-up visits. While the Services are intended to provide benefits such as convenient on-demand virtual access to Professionals and the Services they provide, there do exist potential risks associated with the use of the Services, which are outlined in the Informed Consent to Treatment provision herein.
- All Professionals performing Virtual Care Services through the Site and App (other than lactation allies) hold certifications in lactation education and consulting. Some performing Virtual Care Services through the Site and App hold other or higher professional licenses that were issued by a professional licensing board in which he/she practices. Lactation allies are peer mothers who are contracted with SimpliFed to provide lactation and baby-feeding peer support services to you and other mothers receiving Services from SimpliFed. Services obtained through the Site and App are limited to virtual lactation consultation and baby feeding support services only. You can report a complaint relating to any Services provided by a certified or licensed Professional by contacting the professional licensing board where you received the Virtual Care Services, or by contacting SimpliFed directly. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional licensing board that licenses, registers or certifies the licensee. Any clinical records created as a result of your use of the Site and App and the Virtual Care Services will be securely maintained by SimpliFed and/or its Service Providers on behalf of the Professional with whom you consult, for a period that is no less than the minimum number of years that such records are required to be maintained under applicable state and federal law.
- SimpliFed offers virtual lactation consultation and baby-feeding support services provided by Professionals to Site and App users. The terms “virtual care” or “telehealth” or “telemedicine” generally refers to healthcare services that are provided to a patient in one location by a professional in a distant location facilitated through the use of some form of telecommunications technology, such as synchronous, interactive audio-video interface and/or asynchronous store-and-forward modalities. The information exchanged between our Professionals and you may be used for diagnosis, therapy, treatment, follow-up care, consultation, education, care management and/or self-management of your health care.
- As with any type of health care services, there are potential risks associated with the use of virtual care services, including the Virtual Care Services provided through the Site and the App:
- Information available to the Professionals may not be sufficient to make a correct diagnosis or other professional decisions. For example, there could be limitations in the information transmitted to the Professional and access to your complete medical records, which could lead to incorrect assessments or other adverse reactions. Also, information that can be obtained only by in-person, physical examination or by being physically present with the patient will not be available. In some cases, the Professional may conclude that the information transmitted is not sufficient (e.g., poor resolution of images) or on some other basis the nature of you or your baby’s issue is such that it does not allow for the Services to be provided appropriately by the Professional without an in-person evaluation.
- Telehealth and virtual care relies on electronic communications and devices. Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay or erase SimpliFed’s ability to assist you. These limitations could result in incorrect assessment or diagnosis, which in turn could lead to care that is not helpful, or that could be harmful or cause other problems. Professionals performing Virtual Care Services through the Site and App are aware of these limitations and take them into account in making professional decisions within the scope of their practice as a lactation counselor or consultant, but the risk of error nevertheless exists.
- In some cases, applicable laws may prevent Professionals from providing the Services you desire through the Site or App. When that is the case, the Professional will refer you to an appropriate provider who can provide the services you desire.
- Since telehealth and other forms of virtual care remain relatively new approaches to care, risks not yet identified, possibly significant, could also exist.
- You are under no obligation, of course, to obtain virtual care. You may do so through conventional, in-person services instead of or in addition to these Services. Please feel free to provide feedback to SimpliFed should you become concerned that our virtual care may be insufficient for your needs.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
- Insurance. If you have insurance coverage, you represent and warrant that the insurance information you have provided is accurate, complete, and current, and no other unidentified coverage exists. You request that payment of authorized benefits be made on your behalf to SimpliFed for any Services furnished and assign your right to receive payment of such benefits to SimpliFed. You authorize SimpliFed to file appeals on your behalf for any denials of payment and/or adverse benefit outcomes related to Services provided. If your insurance provider will not direct payment to SimpliFed, you agree to forward all insurance payments that you receive for the Services to SimpliFed. You authorize SimpliFed to release to your insurance provider any information needed to determine eligibility for benefits payable for the Services rendered. You are responsible for all charges for the Services provided that are not covered by your insurance provider or for which you are responsible for under your insurance plan (including copayments, co-insurance and deductibles, as applicable). Further, you agree that, if permissible by law, you will reimburse SimpliFed for all costs, expenses, and reasonable attorney’s fees that may be incurred to collect payment for those charges related to Services rendered. These terms and conditions, and assignment of benefits, will apply and extend to any subsequent visits and appointments through which you or your child(ren) utilize the Services. Please check with your insurance provider to determine whether any Services will be reimbursed. SimpliFed offers no guarantee that you shall receive any such reimbursement from your insurance provider for the Services.
- Out-of-Network; Self-Pay; Subscriptions. If you do not have insurance coverage for the Services, you are participating in a subscription program through an employer-provided benefit or if your coverage for the Services is denied by your insurance provider because SimpliFed is out-of-network, you acknowledge and agree that you shall be personally responsible for all incurred expenses.
- If you have insurance but SimpliFed is out-of-network, SimpliFed will provide you with a superbill suitable for you to submit to your insurance. The superbill (which will also serve as a payment receipt) will be coded appropriately to the level of Virtual Care Services provided. You agree to pay SimpliFed at the time of the visit (credit card or HAS/FSA debit cards). Payments may be made electronically using a credit card or fund transfer. SimpliFed uses third party credit card processing to process payments. The third party credit card processing meets the high standards of HIPAA and the banking industry for security and privacy with regard to financial transactions. However, third party credit card processing may send, automatically or per your request, email or text message receipts that reveal personal health information such as the date and type of Virtual Care Services. If you are not comfortable with this, payment may be made via cash or check instead.
- If you do not have insurance coverage or are participating in a subscription program offered by SimpliFed through an employer-provided benefit or arrangement, SimpliFed will provided you with an invoice for the applicable cost of the Services (or certain portions thereof) based on the then current pricing structure of SimpliFed, which may be amended from time to time (the “Fee”) and you agree to pay such Fees, if any, directly to SimpliFed. When you make a Fee payment to SimpliFed (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your insurance information, if any, your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such Fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
- Cancelling Fee Payment. You may cancel a Transaction for a full refund within 1 calendar day of your initial purchase for self-pay clients. AFTER THAT, SELF-PAY CLIENTS PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PAYMENT AT ANY TIME. Notwithstanding anything to the contrary herein, you understand and agree that for any Services provided on an appointment basis, you may be responsible for a missed appointment fee according to the current fee schedule if you do not cancel a scheduled appointment at least twenty-four (24) hours in advance of the scheduled appointment time. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. To cancel, you can send an email to firstname.lastname@example.org you cancel, your right to use the Services will terminate immediately without further charges; provided that you will be responsible for any charges for Services provided up to and including the date of your cancellation email.
- Miscellaneous. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. SimpliFed may determine that the Services are not appropriate for some or all of your treatment needs, and, accordingly, may elect not to provide Services to you.
8. Rights and Terms for Apps.
- App License. If you comply with these Terms, SimpliFed grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
- Additional Information: Apple App Store. This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 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) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
9. General Prohibitions and SimpliFed’s Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit, transmit, or otherwise make available anything (other than Feedback) through the Services (“User Content”) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, SimpliFed’s name, any SimpliFed trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SimpliFed’s express written consent;
- Access, tamper with, or use non-public areas of the Services, SimpliFed’s computer systems, or the technical delivery systems of SimpliFed’s providers;
- Attempt to probe, scan or test the vulnerability of any SimpliFed system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SimpliFed or any of SimpliFed’s providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SimpliFed or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a SimpliFed trademark, logo URL or product name without SimpliFed’s express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.SimpliFed is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
- Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources, including the athenahealth, Inc. patient portal. Additionally, the Services may integrate third-party applications, products, or services which may subsequently gain access to your data, including your personal information (“PI”) and/or protected health information (“PHI”). These third-party applications, products, and services are not affiliated with SimpliFed and, as such, may have different policies regarding the handling of PI and PHI. Your use of these third-party applications, products, and services is subject to the terms and conditions and privacy practices/policies maintained by such applications, products, and services. We make no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. We advise you to review the terms and conditions and policies/practices for all third-party applications, products, and services with which you engage. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at email@example.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b) (only for payments due and owing to SimpliFed prior to the termination), 8, 10, 11, 12, 13, 14, 15 and 16.
11. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
You will indemnify and hold SimpliFed and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
13. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIMPLIFED NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, MEDICAL MALPRACTICE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMPLIFED OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SIMPLIFED’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SIMPLIFED FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SIMPLIFED, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIMPLIFED AND YOU.
14. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and SimpliFed are not required to arbitrate will be the state and federal courts located in the County of Tompkins in the State of New York, and you and SimpliFed each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SimpliFed agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SimpliFed are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND SIMPLIFED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Severability. With the exception of any of the provisions in Section 15(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
16. General Terms
- Reservation of Rights. SimpliFed and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SimpliFed and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between SimpliFed and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without SimpliFed’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. SimpliFed may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by SimpliFed under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. SimpliFed’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SimpliFed. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information
If you have any questions about these Terms or the Services, please contact SimpliFed at firstname.lastname@example.org].
2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
- Personal Information You Provide to Us Directly
We may collect personal information that you provide to us.
- Appointment Scheduling. We may collect personal information when you schedule an appointment with us, such as your name, email address, and telephone number During this process, we may also collect additional personal information, including but not limited to your birthdate, your due date or your baby’s birthdate, and your health plan details.
- Account Creation. We may collect personal information when you create an account, such as name, email address and phone number.
- Allies. If you are an ally (peer mom), we may collect your personal information such as your name, email address, address, social security number, and phone number.
- Healthcare Professionals. If you are a healthcare professional, we may collect personal information such as your professional contact information (name, mailing address, email, and telephone number), credential and institutional affiliations information, information about our programs and activities in which you have participated, information about our interactions with you, information about your published papers, your photograph, information about your prescribing of our products and services, and information contained in agreements executed with us.
- Purchases. We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).
- Your Communications with Us. We may collect personal information, such as name, email address, phone number, or mailing address when you request information about our Services, sign up for our mailing list, or otherwise communicate with us.
- Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.
- Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.
- Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
- Conferences and Other Events. We may collect personal information from individuals when we attend or host conferences and other events.
- Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
- Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, resume, cover letter, and/or any other information you provide to us.
- Personal Information Collected Automatically
We may collect personal information automatically when you use our Services.
- Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
- Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our uses of these Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
- Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties. Some of the advertising Technologies we use include:
- Facebook Connect. For more information about Facebook’s use of your personal information, please visit Facebook’s Data Policy. To learn more about how to opt-out of Facebook’s use of your information, please click here while logged in to your Facebook account.
See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.
- Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of our analytics partners include:
- Personal Information Collected from Other Sources
- Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings. In addition, if you are a healthcare professional, we may collect personal information such as hospital affiliation, license information, areas of interest, contact information such as address, email, and phone number, and other due diligence related information from various sources.
- Referrals and Sharing Features. Our Services may offer various tools and functionalities that allow you to provide personal information about your friends through our referral service. Our referral services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
3. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
- Provide Our Services
We use your information to fulfil our contract with you and provide you with our Services, such as:
- Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services;
- Answering requests for customer support;
- Communicating with you about your appointment, activities on our Services, and policy changes;
- Processing your financial information and other payment methods for products or Services purchased;
- Processing applications if you apply for a job we post on our Services; and
- Allowing you to register for events.
- Administrative Purposes
We use your information for various administrative purposes, such as:
- Pursuing our legitimate interests such as direct marketing, research and development (including marketing research)and fraud prevention;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services;
- Short-term, transient use, such as contextual customization of ads;
- Improving, upgrading, or enhancing our Services;
- Developing new products and services;
- Ensuring internal quality control and safety;
- Debugging to identify and repair errors with our Services;
- Auditing relating to interactions, transactions, and other compliance activities;
- Sharing personal information with third parties as needed to provide the Services;
- Enforcing our agreements and policies; and
- Carrying out activities that are required to comply with our legal obligations.
- Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in Contact Us below.
- With Your Consent
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
- Other Purposes
We also use your personal information for other purposes as requested by you or as permitted by applicable law.
De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as demographic information, information about the device from which you access our Services, or other analyses we create.
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
- Disclosures to Provide our Services
The categories of third parties with whom we may share your personal information are described below.
- Service Providers. We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.
- Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
- Affiliates. We may share your personal information with our company affiliates for example: for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.
- Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
- APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in Contact Us below.
- Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
- Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
- Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in Contact Us below.
- Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.
- Phone calls. If you receive an unwanted phone call from us, you may opt out of receiving future phone calls from us by following the instructions which may be available on the call or by otherwise contacting us as set forth in Contact Us below.
- “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
- Cookies and Personalized Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative and the Digital Advertising Alliance
Please note you must separately opt out in each browser and on each device.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
- Access to and Portability of Your Personal Information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine-readable format (also known as the “right of data portability”);
- Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
- Request Deletion of your personal information;
- Request Restriction of or Object to our processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes; and
- Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing, and will not affect the lawfulness of processing before the withdrawal.
If you would like to exercise any of these rights, please contact us as set forth in Contact Us below or as otherwise instructed in the additional privacy notices provided at the time we collect your personal information. We will process such requests in accordance with applicable laws.
6. SECURITY OF YOUR INFORMATION
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.
7. RETENTION OF PERSONAL INFORMATION
8. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information SimpliFed has collected about them, and whether SimpliFed disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:
A real name, postal address, Internet Protocol address, email address, Social Security number, or other similar identifiers.
- Service providers
- Business partners
- Service providers
- Social networks
- Health insurance providers
A name, signature, Social Security number, physical characteristics or description, address, telephone number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Note: Some personal information included in this category may overlap with other categories.
- Service providers
- Business partners
- Service providers
- Health insurance providers
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Service providers
- Health insurance providers
Current or past job history or performance evaluations.
- Service providers
Profile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- Service providers
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.
“Sales” of Personal Information under the CCPA
For purposes of the CCPA, we do not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age
Opt-out of “Sales.” California residents may opt-out of the “sale” of their personal information by contacting us as set forth in “Contact Us” below.
Additional Privacy Rights for California Residents
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent, provide written authorization signed by you and your designated agent and contact us as set forth in “Contact Us” below for additional instructions.
Verification. To protect your privacy, we will take steps to reasonably verify your identity before fulfilling your request. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, or to answer questions regarding your account and use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
Refer-a-Friend and Similar Incentive Programs. As described above in “Referrals and Sharing Features” , we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. The referred party may also receive rewards for signing up via your referral. If a referred party does not sign up for the Services, we may retain their personal information for future reference. These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately uses our Services. Said value will be reflected in the incentive offered in connection with each program.
De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.
California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.
Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly as set forth in Contact Us below.
9. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address that you used to request our Services. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in Contact Us below.
10. CHILDREN’S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.
If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in Contact Us below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it.
11. OTHER PROVISIONS
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
12. CONTACT US
Notice of Privacy Practices
This 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.
1. Who We Are
This Notice describes the privacy practices of SimpliFed, Inc. (“SimpliFed,” “we,” “us,” or “our”) in relation to health information about you (“Protected Health Information,” or “PHI”), which we collect, use, process, and share through our website and mobile applications (the “Services”). Our Services are designed to provide breastfeeding support in the form of virtual lactation consultations as well as other services in the maternal health field.
2. Our Privacy Obligations
We understand that your health information is personal, and we are committed to protecting your privacy. In addition, we are required by law to maintain the privacy of your PHI, to provide you with this Notice and to notify you in the event of a breach of your unsecured PHI. When we use or disclose your PHI, we are required to abide by the terms of this Notice (or other notice in effect at the time of the use or disclosure).
3. Permissible Uses and Disclosures Without Your Written Authorization
In certain situations, we must obtain your written authorization in order to use and/or disclose your PHI. However, unless the PHI is Highly Confidential Information (as defined in Section IV.B below) and the applicable law regulating such information imposes special restrictions on us, we may use and disclose your PHI without your written authorization for the following purposes:
- Treatment. We use and disclose your PHI to provide you with medical treatment through our Services.
- Payment. We may use and disclose your PHI to obtain payment for health care services that we provide to you—for example, disclosures to claim and obtain payment from your health insurer. We may also share your PHI with your other health care providers as necessary for them to receive payment for services they render to you.
- Health Care Operations. We may use and disclose your PHI for our health care operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you. For example, we may use PHI to evaluate the quality of our services or address your complaints.
- Disclosures to Business Associates. We may share your PHI with our “business associates,” which are service providers or other persons who use or disclose PHI to perform services for us. We enter into contracts with business associates requiring them to protect the privacy of your PHI, and we share only the minimum amount of PHI necessary for business associates to perform their duties. For instance, we will disclose your PHI to Athena Health, which is a business associate that provides general administrative support and management services to us, but does not perform health care professional services.
- Disclosures to Relatives, Close Friends and Other Caregivers. We may share your PHI with a family member, other relative, a close personal friend, or any other person identified by you if: (1) we obtain your agreement or provide you with the opportunity to object, and you do not object; or (2) we reasonably infer that you do not object.
Sometimes, you may be unavailable to object to a disclosure. In that case, we may exercise our professional judgment to determine whether a disclosure is in your best interests. If we disclose information under such circumstances, we would disclose only information that is directly relevant to the person’s involvement with your care.
- Disclosures to Allies. We may share your PHI with our allies (peer moms) whom you choose to involve in assisting with your breastfeeding and other health support. We will only do this if you agree or do not object, and will only share with them the information they need in order to help you.
- As Required by Law. We may use and disclose your PHI when required to do so by any applicable federal, state or local law.
- Public Health Activities. We may disclose your PHI: (1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to a government authority authorized by law to receive such reports; and (3) to report information about products under the jurisdiction of the U.S. Food and Drug Administration.
- Victims of Abuse, Neglect or Domestic Violence. We may disclose your PHI if we reasonably believe you are a victim of abuse, neglect or domestic violence to a government authority authorized by law to receive reports of such abuse, neglect, or domestic violence.
- Health Oversight Activities. We may disclose your PHI to an agency that oversees the health care system and is charged with responsibility for ensuring compliance with the rules of government health programs such as Medicare or Medicaid.
- Judicial and Administrative Proceedings. We may disclose your PHI during a judicial or administrative proceeding in response to a legal order or other lawful process.
- Law Enforcement Officials. We may disclose your PHI to the police or other law enforcement officials as required by law or in compliance with a court order.
- Decedents. We may disclose your PHI to a coroner or medical examiner as authorized by law.
- Research Activities. We may use and disclose your PHI for research purposes pursuant to a valid authorization from you or when an institutional review board or privacy board has waived the authorization requirement. Under certain circumstances, your PHI may be disclosed without your authorization to researchers preparing to conduct a research project, for research or decedents or as part of a data set that omits your name and other information that can directly identify you.
- Health or Safety. We may use or disclose your PHI to prevent or lessen a serious and imminent threat to a person’s or the public’s health or safety.
4. Uses and Disclosures Requiring Your Written Authorization
For any purpose other than the ones described above in Section III, we only use or disclose your PHI when you give us your written authorization.
- Marketing. We must obtain your written authorization prior to using your PHI for purposes that are marketing under the HIPAA privacy rules. For example, we will not accept any financial payments from other organizations or individuals in exchange for making communications to you about treatments, health care providers, care coordination, products or services unless you have given us your authorization to do so, or the communication is permitted by law. We may give you promotional gifts of nominal value without obtaining your written authorization.
- Sale of PHI. We will not share your information as part of a sale of PHI without your written authorization.
- Uses and Disclosures of Your Highly Confidential Information. Federal and state law requires special privacy protections for certain health information about you (“Highly Confidential Information”), including substance use disorder records and other health information that is given special privacy protection under state or federal laws other than HIPAA. In order for us to disclose any Highly Confidential Information for a purpose other than those permitted by law, we must obtain your authorization.
- Cancelation of Your Authorization. You may revoke your authorization, except to the extent that we have taken action in reliance upon it, by delivering a written cancelation to the Privacy Officer identified below.
5. Your Individual Rights
- For Further Information; Complaints. If you would like more information about your privacy rights, are concerned that we have violated your privacy rights, or disagree with a decision that we made about access to your PHI, you may contact our Privacy Officer as set forth in the “Contact Us” section below. You may also file a written complaint with the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services. Upon request, the Privacy Office will provide you with the correct address for OCR. We will not retaliate against you if you file a complaint with us or OCR.
- Right to Request Additional Restrictions. You may request additional restrictions on our use and disclosure of your PHI for following activities: (1) for treatment, payment and health care operations; (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care; or (3) to notify or assist in the notification of such individuals regarding your location and general condition. While we will consider all requests for additional restrictions carefully, we are not required to agree to most requested restrictions. We will honor a request to restrict our disclosure to a health plan for payment or health care operations purposes if the disclosure is not required by law and the information pertains solely to a health care item or service for which you (or someone on your behalf other than the health plan) have paid us out of pocket in full. If you wish to request additional restrictions, please contact us to obtain a request form from our Privacy Officer and submit the completed form to us as described in “Contact Us” below.
- Right to Receive Alternative Communications. You may request, and we will accommodate, any reasonable written request for you to receive your PHI by alternative means of communication or at alternative locations.
- Right to Inspect and Copy Your Health Information. You may request access to inspect and obtain a copy of your medical and billing records maintained by us. Under limited circumstances, we may deny you access to a portion of your records. If you desire access to your records, please contact us to obtain a record request form and submit the completed form to us as described in “Contact Us” below. If you request copies, we may charge you a reasonable copy fee.
- Right to Amend Your Records. You have the right to request that we amend your PHI maintained in your medical or billing records. If you desire to amend your records, please contact us to obtain an amendment request form and submit the completed form to us at the email address provided in the “Contact Us” section below. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply.
- Right to Receive an Accounting of Disclosures. Upon request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time prior to the date of your request provided such period does not exceed six years. If you request an accounting more than once during a twelve-month period, we may charge you a reasonable fee for the accounting statement.
- Right to Receive a Paper Copy of this Notice. Upon request, you may obtain a paper copy of this Notice, even if you agreed to receive such notice electronically.
6. Effective Date and Duration of This Notice
- Effective Date. This Notice is effective on June 7, 2022.
- Right to Change Terms of this Notice. We may change the terms of this Notice at any time. If we change this Notice, we may make the new notice terms effective for all your PHI that we maintain, including any information created or received prior to issuing the new notice. If we change this Notice, we will post the new notice on our website at [insert hyperlink]. You also may obtain any new notice by contacting us as described in “Contact Us” below.
7. Contact Us
You may contact our Privacy Officer Nancy Houston at firstname.lastname@example.org.