2. HIPAA. Ondemand Visit Inc interact with when using the Services are required by the Health Insurance Portability and Accountability Act (“HIPAA”) to describe their privacy practices in document called a 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.
2.1 Ondemand Visit Inc’s Commitment to Your Privacy
Ondemand Visit Inc is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, Ondemand Visit Inc will receive and create records containing your PHI. Ondemand Visit Inc is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI. Ondemand Visit Inc must abide by the terms of this Notice while it is in effect. Ondemand Visit Inc reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Ondemand Visit Inc changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Ondemand Visit Inc changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.
2.2 Uses and Disclosures of PHI
Ondemand Visit Inc may use and disclose your PHI in the following ways:
Treatment, Payment and Healthcare Operations: Ondemand Visit Inc is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:
Treatment: Ondemand Visit Inc may disclose your PHI to another physician or healthcare provider for purposes of diagnosis, consultations, treatment, a visit or in connection with the provision of follow-up treatment.
Payment: Ondemand Visit Inc may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.
Healthcare Operation: Ondemand Visit Inc may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. Ondemand Visit Inc may engage third parties to provide various services for Ondemand Visit Inc. If any such third party must have access to your PHI in order to perform its services, Ondemand Visit Inc will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
Authorization: Ondemand Visit Inc is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time.
As Required by Law: Ondemand Visit Inc may use and disclose your PHI to the extent required by law.
2.3 Special Circumstances
The following categories describe unique circumstances in which Ondemand Visit Inc may use or disclose your PHI:
Public Health Activities: Ondemand Visit Inc may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. Ondemand Visit Inc may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
Workers’ Compensation: Ondemand Visit Inc may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
Health Oversight Activities: Ondemand Visit Inc may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
Judicial and Administrative Proceedings: Ondemand Visit Inc may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
Law Enforcement: Ondemand Visit Inc may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
Decedents: Ondemand Visit Inc may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
Organ Procurement: Ondemand Visit Inc may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
Research: Ondemand Visit Inc may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
The Threat to Health or Safety: Ondemand Visit Inc may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
Specialized Government Functions: Ondemand Visit Inc, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. Ondemand Visit Inc may also disclose PHI to federal officials for intelligence and national security purposes.
2.4 Your Rights Regarding Your PHI
You have the following rights regarding the PHI maintained by Ondemand Visit Inc:
Confidential Communication: You have the right to receive confidential communications of your PHI. You may request that Ondemand Visit Inc communicate with you through alternate means or at an alternate location, and Ondemand Visit Inc will accommodate your reasonable requests. You must submit your request in writing to Ondemand Visit Inc.
Restrictions: You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Ondemand Visit Inc restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Ondemand Visit Inc. Ondemand Visit Inc is not required to comply with your request. However, if Ondemand Visit Inc agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.
Inspection and Copies: You have the right to inspect and copy your PHI. You must submit your request in writing to Ondemand Visit Inc. Ondemand Visit Inc may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Ondemand Visit Inc may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Ondemand Visit Inc will inform you of the reason for the denial, and you may request a review of the denial.
Amendment: You have a right to request that Ondemand Visit Inc amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Ondemand Visit Inc. You must submit your request in writing to Ondemand Visit Inc and provide a reason to support the requested amendment. Ondemand Visit Inc may, under certain circumstances, deny your request by sending you a written notice of denial. If Ondemand Visit Inc denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
Accounting of Disclosures: You have a right to receive an accounting of all disclosures Ondemand Visit Inc has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Ondemand Visit Inc and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Ondemand Visit Inc may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Ondemand Visit Inc will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.
Breach Notification: You have the right to be notified in the event that Ondemand Visit Inc (or a Ondemand Visit Inc Business Associate) discovers a breach of unsecured PHI.
Paper Copy: You have the right to obtain a paper copy of this Notice from Ondemand Visit Inc at any time upon request. To obtain a paper copy of this notice, please contact Ondemand Visit Inc by calling 1-800-ODV-5535.
Complaint: You may complain to Ondemand Visit Inc and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with Ondemand Visit Inc, you must submit a statement in writing to Ondemand Visit Inc: firstname.lastname@example.org Ondemand Visit Inc will not retaliate against you for filing a complaint.
5. The Personal Information we collect or maintain may include:
Your name, age, email address, username, password, and other registration information,
Health Information that you provide us, which may include information or records relating to you and your family’s medical or health history, health status and laboratory testing results, diagnostic images, and other health-related information,
Health information about you and your family prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health-related information,
Billing information that you provide us,
Information about the computers or mobile devices you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site,
Other information you input into the Site or related services.
6. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
To provide you with the Services
To improve the services offered – by performing quality reviews and similar activities
To create De-identified Information such as aggregate statistics relating to the use of the Service
To notify you when Site updates are available,
To market and promote our Site and the Services offered to you through the Site
To fulfill any other purpose for which you provide us Personal Information
For any other purpose for which you give us authorization
You can “opt-out” of receiving direct marketing or market research information by emailing us at email@example.com.
7. We may also disclose Personal Information that we collect, or you provide as permitted or allowed by law, as follows:
To affiliated medical groups.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.
When we believe in good faith that 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 ONDEMAND VISIT INC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
8. Information we Collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including but not limited to
Site Activity Information: We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
Access Device and Browser Information: When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.
Real-Time Location: Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
9. De-Identified Information. We may use De-Identified Information created by us without restriction.
10. Security of Information Collected. We use industry-standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by SSL 3.0 technology, the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially insecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails, texts and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
11. Modification of Information. You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to firstname.lastname@example.org.
12. Deletion of Information. You can close your online account by emailing us at 12. email@example.com. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
13. Report Violations. You should report any security violations to us by sending an email to firstname.lastname@example.org.
14. A Special Note about Children and Minors: ONDEMAND VISIT INC does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.
15. Other Applicable Law. California Residents have special protections under state law regarding the access and use of personal information. CA Civil Code Sec. 1798.80-1978.84.