CareMGMT™ IMPORTANT NOTICES
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HEALTH INFORMATION
There are two categories of Health Information that we and our service providers
may collect through our apps: Protected Health Information and Additional Health
Information.
“Protected health information” (PHI) is individually identifiable health information which is created or received by a covered entity (for example, a health care provider or health plan) and relates to the past present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. PHI is further defined by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is subject to the protections of HIPAA. We and our service providers may collect PHI in connection with this app. Our privacy practices are intended to comply with HIPAA, and we will maintain the privacy of your PHI as required by HIPAA and the regulations promulgated under that Act.
“Additional health information” is information which does not fall within the category of Protected Health Information above (typically because it was not created or received by a provider or health plan), but which is the combination of your personal information, such as your name, address and other contact information, with information related to past, present or future physical or mental health or conditions, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual. We and our service providers may collect such additional health information through this app.
In order to use this app, you must review and provide your consent to our Privacy Policy, available on the following pages, which describes how we may use and disclose your PHI, personal information and Additional health information. To proceed, select your choices regarding our use and disclosure of your PHI, personal information and Additional health information.
CHOICES AND ACCESS
We give you choices regarding our use and disclosure of your PHI, personal information and Additional health information for marketing purposes. We will use and share your PHI personal information and Additional health information for marketing purposes only in accordance with such choices. For example, we will not use or share your PHI for marketing purposes unless you opt-in. In addition, you may opt-out from certain uses and disclosures of personal information and Additional health information as set forth below. Further, if you have previously opted-in to the use and sharing of PHI for marketing purposes and wish to change such preferences, you may do so by following the opt-out instructions set forth below.
SECURITY
Are our apps and services safe and secure?
Yes, we are a Business Associate of health care professionals as defined under HIPAA, and our apps and services use bank-level security and encryption. Our apps and services meet HIPAA standards for all interactions subject to HIPAA security regulations. We use a variety of technologies and procedures to help protect the security of your personal information from unauthorized access, use, or disclosure.
Our apps also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under non-disclosure agreements) who, through the course of standard business activities, need to access your personal information. Your personal information will be stored in a secure manner.
Full access to this app is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of this app using your username and password. We reserve the right to revoke or deactivate your username and password at any time.
Personally Identifiable Information
“Personally Identifiable Information” is personal information, like your full name and email address, that identifies who you are. Provided that you have elected not to participate in the “Community Discussion” feature that is available to you in our CareMGMT™ app (see the special provisions applicable to that feature described, to which you must separately consent to use that feature), we will keep your Personally Identifiable Information private by not displaying it or sharing it without your consent, and your use of our apps and Website is anonymous, and other users of our apps or any of our Websites can never see this information. In this case, we do not display any of your personal information on the apps or the Website, except inside your Profile, which is visible only to you. We keep this information secure by using state of the art encryption and other security measures.
If you have elected to participate in our Community Discussion feature, then the special provisions that you must consent to on a following screen, which are applicable to the Community Discussion feature, will apply to you, and by agreeing to those provisions you are consenting to the display of certain of your personal information on the app or associated Website in order to enable you to use this feature.
Is Personally Identifiable Information visible on our apps?
No. Except for certain information that you have chosen and consented to be visible by your use of the Community Discussion feature, as described above, all Personally Identifiable Information is stored securely in your Profile, which is not visible to other users or doctors on the apps or on our associated Websites. Revealing Personally Identifiable
Information in content publicly visible on the apps or on our associated Websites (such as in public questions) is not permitted, except for such information as you have chosen and consented to be visible from your use of the Community Discussion feature.
How do we use Personally Identifiable Information?
We will retain and use your Personally Identifiable Information to provide you with
and notify you about our services, and as may be necessary to comply with our legal
obligations, resolve disputes, and enforce our agreements.
Progentec Diagnostics, Inc. operates this app and the website located at www.progentec.com and other related websites and mobile applications (collectively, the “Site”). Through the Site, we provide information related to our products and services that may utilize information obtained from this app. We developed the following Privacy Policy to explain how we collect, use, and disclose information from and/or about you when you use this app, the Site or our other services.
THIS APP AND THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL
MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THIS APP
AND THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND
OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT
AGREE, PLEASE DO NOT USE THIS APP OR THE SITE. BY USING THIS APP OR THE
SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE FOREGOING.
HIPAA Privacy Policy Notice
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.
About This Notice
This Privacy Policy Notice describes how we may use and disclose your Protected health information to assist in the carrying out of diagnosis, treatment, payment or other health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” (PHI) is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.
We are required by law to: maintain the privacy of your PHI; give you this Notice of our legal duties and privacy practices with respect to your PHI; and follow the terms of our Notice that are currently in effect. We may change the terms of our Notice at any time, and the new Notice will be effective for all PHI that we maintain at the time as well as
any PHI we receive in the future. You can obtain any revised Notice by contacting us at privacy@progentec.com
How We May Use and Disclose Your PHI
The following examples describe different ways that we may use and disclose your PHI. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by us. We are permitted to use and disclose your PHI for the following purposes. However, we may never have reason to make some of these disclosures.
For Treatment
We will disclose PHI to physicians who may be treating you And use and disclose your PHI to provide, coordinate, or manage your health care treatment through those physicians and any related services. We may also provide your PHI to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you.
In addition, we may disclose your PHI from time to time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your physician, becomes involved in your care, such as by providing assistance to your physician with your health care diagnosis or treatment.
For Payment
Your PHI will be used, as needed, to obtain payment for our providing products and services in connection with your health care services. This may include certain activities that your health insurance plan may undertake before it approves or pays for the products and services we provide or recommend for you, such as making a determination of eligibility or coverage for insurance benefits, reviewing products or services provided to you for medical necessity, and undertaking utilization review activities.
For Our Internal Uses
We may use and disclose your PHI for our own internal research, development and operations purposes with respect to our products and services. These uses and disclosures are necessary to make sure that our products and services are effective for their intended purposes, and for our operations and management purposes. For example, we may use your PHI to review the treatment and services you receive to check on the performance of our products and services, such as product support. We also may disclose information to doctors, nurses, technicians, medical students, and other personnel for educational and learning purposes. The entities and individuals covered by this notice also may share information with each other for purposes of joint health care operations.
Appointment Reminders/Treatment Alternatives/Health-Related
Benefits, Products and Services
We may use and disclose your PHI to contact you to remind you that you have an appointment for treatment or medical care, or to contact you to tell you about possible treatment options or alternatives or health related benefits, products and services that may be of interest to you.
Plan Sponsors
If your insurance coverage is through an employer sponsored group health plan, we may share your PHI with your plan sponsor.
As Required by Law
We may use or disclose your PHI to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures.
Public Health
We may disclose your PHI for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for the purpose of controlling disease, injury or disability. We may also disclose your PHI, if directed by the public health authority, to a foreign government agency that is collaborating with the public health authority.
Business Associates
We may disclose your PHI to our business associates that perform functions on our behalf or provide us with services if the information is necessary for such functions or services. For example, we may use another company to perform billing services on our behalf. All of our business associates are obligated, under contract with us, to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.
Communicable Diseases
We may disclose your PHI, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
Health Oversight
We may disclose your PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws. U.S. Food and Drug Administration
We may disclose your protected health information to a person or company required by the U.S. Food and Drug Administration to report adverse events, product defects or problems or biologic product deviations, to track products to enable product recalls, to make repairs or replacements, or to conduct post marketing surveillance, as required by law.
Legal Proceedings
We may disclose your PHI in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or other lawful process.
Research
We may disclose your PHI to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your PHI.
Military Activity and National Security
When the appropriate conditions apply, we may use or disclose PHI of individuals who are U.S. Armed Forces personnel (1) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3) to foreign military authorities if you are a member of that foreign military services.
We may also disclose your PHI to authorized U.S. governmental officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.
Workers' Compensation
Your PHI may be disclosed by us as authorized to comply with workers’ compensation laws and other similar legally established programs.
For Data Breach Notification Purposes
We may use or disclose your PHI to provide legally required notices of unauthorized acquisition, access, or disclosure of your health information. We may send notice directly to you or provide notice to the sponsor of your health care plan, if applicable, through which you receive insurance coverage.
Required Uses and Disclosures
Under the law, we must make disclosures to you and when required by the Secretary of the U.S. Department of Health and Human Services to investigate or determine our compliance with the requirements of Section 164.500 et. seq. The personal information I am providing may be used by Progentec Diagnostics, Inc. in connection with the purposes described above including, but not limited to, providing health care diagnostics or treatment to me, receiving payment for services rendered to me, and for general administrative operations. I give my consent to the use by Progentec Diagnostics, Inc. of the use of my Protected Health Information (PHI), Additional health information, and personal information as described above. I understand that if I do not give this consent, I will not be able to use this app or any of its features.
I acknowledge that I have read all of the foregoing notices including the Privacy Policy Notice and understand that unless I agree to all of the foregoing, it will mean that I will not be able to use this app or any of its features. I also understand that I may revoke this consent at any time by notifying Progentec Diagnostics, Inc. in writing, at privacy@progentec.com.
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Special Provisions applicable to Use of the Community Discussion Feature
If you wish to use the Community Discussion feature of the CareMGMT™ app, you must acknowledge and agree that the following will apply to you:
The Community Discussion feature of the CareMGMT™ app allows users to create posts and connect with other users of the app. There are no restrictions on what a user can post. Users are free to introduce themselves to other users of the Community Discussion feature, and share their personal information such as some personal challenges, health issues, etc. When a post is created, the user has the option to post anonymously, or if they choose to not do that, we will show their “Display Name” (which the user sets in their profile) and will also display their profile picture.
When you use the Community Discussion feature, you and other users can communicate with one another, for example to provide peer support and discussion of various topics of interest to you and other participants. We give you no promises whatsoever as to the willingness or ability of other participants in the Community Discussion feature to listen to you or to provide you with meaningful thoughts, or whether you will find communications from other participants to be useful or satisfactory to you, or whether any advice or other statements of other participants will be acceptable to you or suitable to your needs.
You agree that any and all feedback, ideas, modifications, suggestions, improvements, and the like made by you to us during your use of the Community Discussion feature, or any associated website, and related apps and software (collectively, “Feedback Information”) will for all purposes be our sole property. You agree that you are assigning to us all rights, title and interest in the Feedback Information (and all related intellectual property rights). You understand and agree that we may use and disclose Feedback Information for any purposes whatsoever, without any obligation to you.
You understand and agree that we may report incidents that may involve any threat of harming yourself or others, to the appropriate authorities.
Recording of sessions, and gathering of information:
You understand and agree that we may record any or all sessions on the Community Discussion feature and any or all of the activities in which you will engage while using the feature, including without limitation tracking and/or recording your voice, movement, survey responses, and other data. You acknowledge and agree that we will have access to all recorded sessions, and other information gathered, by us in connection with the Community Discussion feature, and in connection with related websites, apps and software for purposes of researching, improving and refining the feature, related websites, apps and software and other aspects of our business. You agree that you will not take photographs or screen shots, or audio or video recordings, of any interactions when using the Community Discussion feature. We may also use aggregated data from chat transcripts and/or recorded materials to conduct research and development, as further set forth in our Privacy Policy.
You acknowledge that such data and/or recorded materials and any information and intellectual property you may receive or learn about us or about any other user that you may interact with in the Community Discussion feature (the “Confidential Information”) is secret and confidential.
Information shall no longer be deemed to be secret and confidential if such information becomes publicly available through no fault or action of you (directly or indirectly). You agree that all Confidential Information will remain our exclusive property.
You agree to keep all Confidential Information in strict confidence, and to not disclose any such information to any person or company, or reproduce, publish, distribute, or transmit such information, or use such information in any way or for any purpose except within the scope of your use of the Community Discussion feature and your interactions in that feature.
If you are required by law to disclose Confidential Information to a particular person, you agree, to the extent legal to do so, that before turning over required Confidential Information you will provide us with notice of the requirement and will cooperate with any efforts of us to protect such Confidential Information.
You agree not to incorporate any aspects of the Confidential Information into any other applications, websites or other items, and to not, directly or indirectly, outside of the Community Discussion feature: (i) replicate, copy, modify, or create derivative works of any Confidential Information, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Confidential Information; or (iii) reverse engineer, disassemble, decompile, decode, deconstruct, adapt, or otherwise attempt to derive or gain access to the source or object or other code of any Confidential Information, in whole or in part.
Disclaimers of Warranties; We Do Not Provide Therapy or Medical Treatment:
Without limiting any other disclaimer of warranty or other limitation, you understand and agree that the Community Discussion feature and related apps, websites and software are intended to serve only as platforms for peer-to-peer support among users, and are not a substitute for, and do not constitute, services such as therapy, medical advice, medical treatment, or counseling relating to any medical, psychological or other issues that you may have, and that we do not provide any of the foregoing services.
You agree not to use the Community Discussion feature, any associated Websites, or any related apps or software in a health emergency or urgent health situation that you might find yourself in. Nothing provided by us is a substitute for professional health care or therapy of any kind, and we are not a provider of any of the foregoing. If you are experiencing a medical emergency, you should immediately call your doctor or 911. Further, you understand that you should seek outside services if needed, and you agree to seek such outside services, if needed.
You understand that the Community Discussion feature and your use of it may or may not prove to be helpful to you. You agree not to suspend or terminate any therapy and/or medical treatments that you otherwise receive or should receive.
I confirm that I want to use the “Community Discussion” feature, that in order to use the feature I must acknowledge and agree that the above provisions will apply to and govern my use of that feature and have indicated below that I agree and consent to all the above provisions.
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Occasionally we send out newsletters, announcements and other material, and by providing your email and/or your postal mailing address you acknowledge that you consent to receiving such material.
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We do not guarantee, represent or warrant that your use of our products or services, or of any wearable devices or other product provided by us in connection with our products or services, will be uninterrupted, timely, secure or error-free. If you have been provided with a wearable device, including but not limited to a device such as a Withings brand or other brand of smartwatch, in connection with our services, you acknowledge and agree that you will accept all risks, known or unknown, including any risks of personal injury, relating to your use of such wearable device.
We do not warrant that the results that may be obtained from the use of our products or services or of any wearable devices or other product provided by us in connection with our products or services, will be accurate or reliable. You agree that from time to time we may remove our products or services or any wearable device or other products provided by us from your use or possession of the same for indefinite periods of time or not provide products or cancel our services to you at any time, without notice to you.
You expressly agree that your use of, or inability to use, our products or services or any wearable device or other products provided by us is at your sole risk. Our products and services and all products and services delivered to you through or associated with our products and services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Progentec Diagnostics, Inc., and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury (including personal injury), loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products or services or any products provided to you in connection with our products or services or procured using our products or services, or for any other claim related in any way to your use of any of the foregoing, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our products or services or any content (or product) posted, transmitted, or otherwise made available by us to you, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
Acceptance of the Terms and Conditions of Use
These Terms and Conditions of Use are entered into by You and Progentec Diagnostics, Inc. (“Company”, “we” or “us”), and are intended to be legally binding in all respects. The following terms and conditions, together with any
documents they expressly incorporate by reference (collectively referred to below as “Terms of Use”), govern your access to and use of the CareMGMT™ platform, including the app and related services, and also including any content, functionality and services offered on or through any of the foregoing (all collectively being referred to herein as “CareMGMT™”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use CareMGMT™. By using CareMGMT™, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use CareMGMT™.
CareMGMT™ is offered and available to users who are 18 years of age or
older, and reside in the United States or any of its territories or possessions. By using
CareMGMT™, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these eligibility requirements, you must not access or use CareMGMT™.
Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and apply to all
access to and use of CareMGMT™ thereafter. However, any changes to
the dispute resolution provisions set forth in Governing Law and Jurisdiction will not
apply to any disputes for which the parties have actual notice prior to the date the
change is posted on CareMGMT™.
Your continued use of CareMGMT™ following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access CareMGMT™ so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend CareMGMT™, and any service or
material we provide on or through CareMGMT™, in our sole discretion without notice.
We will not be liable if for any reason all or any part of CareMGMT™ is unavailable at any time or for any period. From time to time, we may restrict access to some parts of CareMGMT™, or the entire CareMGMT™ platform, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to CareMGMT™.
• Ensuring that all persons who access CareMGMT™ through your internet connection are aware of these Terms of Use and comply with them.
To access CareMGMT™ or some of the resources it offers, you may be
asked to provide certain registration details or other information. It is a condition of
your use of CareMGMT™ that all the information you provide on
CareMGMT™ is correct, current and complete. You agree that all information
you provide to register with CareMGMT™ or otherwise, including but not
limited to through the use of any interactive features on the associated Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other
person with access to CareMGMT™ or portions of it using your user
name, password or other security information. You agree to notify us immediately of
any unauthorized access to or use of your username or password or any other
breach of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any username, password or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
CareMGMT™ and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Progentec Diagnostics, Inc., its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use CareMGMT™ for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on CareMGMT™ or any associated Website or mobile app, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
•Delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of CareMGMT™ or any services or materials available through CareMGMT™.
If you print, copy, modify, download or otherwise use or provide any other person
with access to any part of the Website or mobile app in breach of these Terms of Use, your right to use CareMGMT™ will cease immediately and you must, at our option, return
or destroy any copies of the materials you have made. No right, title or interest in or
to CareMGMT™ or any content on CareMGMT™ is transferred
to you, and all rights not expressly granted are reserved by Progentec Diagnostics, Inc. Any use of CareMGMT™ not expressly permitted by these Terms of Use is a breach
of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
Progentec Diagnostics, Inc., the terms "Progentec," "aiSLE," “[AutoimmuneCorner]™”
"CareMGMT™," “LupusCorner®,” and all of the logos and all related names, logos,
product and service names, designs, slogans, are trademarks and/or service marks of Progentec Diagnostics, Inc. or its affiliates or licensors. You must not use any of the foregoing or such trademarks or service marks without the prior written
permission of Progentec Diagnostics, Inc. All other names, logos, product and service names, designs and slogans on CareMGMT™ are the trademarks or service marks of their
respective owners.
Changes to CareMGMT™ and Website
We may update the content on CareMGMT™ and any associated Website from time to time, but such content is not necessarily complete or up-to-date. Any of the material on CareMGMT™ and any associated Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to CareMGMT™ or associated Website
All information we collect on CareMGMT™ is subject to our Privacy Policy.
By using CareMGMT™ or any associated Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to CareMGMT™ and Social Media Features
You may link to CareMGMT™, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval or
endorsement on our part without our express written consent.
CareMGMT™ may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on CareMGMT™.
• Send e-mails or other communications with certain content, or links to certain content, on CareMGMT™.
• Cause limited portions of content on CareMGMT™ to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to
the content they are displayed with and otherwise in accordance with any additional
terms and conditions we provide with respect to such features. Subject to the
foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause CareMGMT™ or portions of it to be displayed, or appear to be displayed by,
for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of CareMGMT™ other than the homepage.
• Otherwise take any action with respect to the materials on CareMGMT™ that is inconsistent with any other provision of these Terms of Use.
CareMGMT™ from which you are linking, or on which you make certain
content accessible, must comply in all respects with
these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking
immediately to cease. We reserve the right to withdraw linking permission without
notice.
We may disable all or any social media features and any links at any time without
notice in our discretion.
Links from CareMGMT™
If CareMGMT™ contains links to other sites and resources provided by third
parties, these links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and sponsored links.
We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of
them. If you decide to access any of the third-party websites linked to
CareMGMT™, you do so entirely at your own risk and subject to the terms
and conditions of use for such websites.
Geographic Restrictions
The owner of CareMGMT™, Progentec Diagnostics, Inc., is based in the state of Oklahoma in the
United States. We provide CareMGMT™ for use only by persons located in the
United States. We make no claims that the associated Website or any of its content is accessible
or appropriate outside of the United States. Access to CareMGMT™ may
not be legal by certain persons or in certain countries. If you access
CareMGMT™ from outside the United States, you do so on your own initiative
and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or CareMGMT™ will be free of viruses
or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for maintaining a means
external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF CareMGMT™ OR ANY ASSOCIATED WEBSITE “THE WEBSITE” OR ANY SERVICES OR
ITEMS OBTAINED THROUGH CareMGMT™ OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. NEITHER PROGENTEC DIAGNOSTICS, INC. NOR ANY PERSON OR ENTITY
ASSOCIATED WITH PROGENTEC DIAGNOSTICS, INC. MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER PROGENTEC DIAGNOSTICS, INC. NOR ANYONE ASSOCIATED WITH PROGENTEC DIAGNOSTICS, INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
PROGENTEC DIAGNOSTICS, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL PROGENTEC DIAGNOSTICS, INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN
CONNECTION WITH YOUR USE, OR INABILITY TO USE, CareMGMT™ OR THE WEBSITE, ANY WEBSITES
LINKED TO THEM, ANY CONTENT ON CareMGMT™ OR THE WEBSITE OR SUCH OTHER APPS OR WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH CareMGMT™ OR THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
ANY OF THE FOREGOING WERE FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Progentec Diagnostics, Inc., its affiliates,
licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns, from and
against any claims, liabilities, damages, judgments, awards, losses, costs, expenses
or fees (including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of CareMGMT™, including, but
not limited to, your User Contributions, any use of CareMGMT™'s content,
services and products other than as expressly authorized in these Terms of Use or
your use of any information obtained from CareMGMT™.
Governing Law and Jurisdiction
All matters relating to the CareMGMT™ and these Terms of Use and any
dispute or claim arising therefrom or related thereto (in each case, including noncontractual
disputes or claims), shall be governed by and construed in accordance
with the internal laws of the State of Oklahoma without giving effect to any choice or
conflict of law provision or rule (whether of the State of Oklahoma or any other
jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or
the Website shall be instituted exclusively in the federal courts of the United States or
the courts of the State of Oklahoma in each case located in the City of Oklahoma City
and County of Oklahoma although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your country of residence
or any other relevant country. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from
the use of these Terms of Use or the CareMGMT™, including disputes arising
from or concerning their interpretation, violation, invalidity, non-performance, or
termination, to final and binding arbitration under the Rules of Arbitration of the
American Arbitration Association applying Oklahoma law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of the Company to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that the
remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and the Company with respect to the CareMGMT™ and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
CareMGMT™.
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This Data Subject Access Request (DSAR) policy outlines the process for individuals (data subjects) to request access to their personal data, including Protected Health Information (PHI) handled by our organization, in accordance with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and applicable state laws.
Who can submit a DSAR?
Any individual who has received healthcare services from our organization or on whose behalf we maintain PHI has the right to submit a DSAR. This includes authorized representatives acting on behalf of the data subject.
What data can be accessed through a DSAR?
You can request access to a variety of personal data we maintain, including:
* Demographic information (name, address, date of birth, etc.)
* Medical history
* Treatment records
* Billing records
* Healthcare claims information
Submitting a DSAR
To submit a DSAR, you can:
* Fill out our online DSAR form available on our website, at this link [provide link]
* Mail a written request to dsar@progentec.com
* Call us at [insert phone number] to request a form be mailed to you.
Your request should include:
* Your full name and date of birth
* Contact information (phone number or email address)
* A clear description of the data you are seeking
Verification of identity
We may request additional information to verify your identity before processing your request. This is to protect the privacy of your data.
Responding to DSARs
We will process your DSAR and provide a response within [insert number] business days. We will deliver your requested data in a secure and electronic format unless you request an alternative format.
Fees
In some cases, we may charge a reasonable fee to cover the costs of processing your request. We will notify you of any potential fees before processing your request.
Your right to request a restriction
You have the right to request a restriction on how we use or disclose your PHI. However, we are not obligated to agree to your request.
Contact us
If you have any questions about this DSAR policy or how to submit a request, please contact our Privacy Officer at dsar@progentec.com or [insert phone number].