By using the Application, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Application.
Changes in this Policy
PatientMD may amend this Policy at any time without notice. Changes to this Policy may affect our use of personally identifiable information that you provided us prior to our notification to you of the changes. Please visit our website or Application to obtain current information about our Policy.
To facilitate your interaction with health care service providers in the Application, you may authorize PatientMD to receive, store, and transmit your Protected Health Information (PHI), as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and its regulations (HIPAA) for purposes of utilizing the direct messaging with health care service providers platform in the Application. Any such use or disclosure of your PHI by PatientMD shall be governed by and limited to the terms of your Patient Authorization.
The information we collect generally includes: (1) Personal information you supply, and (2) Tracking information collected as you navigate through the (Site) Application.
Personally identifiable information
PatientMD will not collect any personally identifiable information about you unless you voluntarily provide it to us, such as when you post to the Application or email us. We may collect and store personally identifiable information (such as your name, mailing address, e-mail address, telephone number, and/or mobile phone number) whenever you do the following:
- Post or transmit information through the Application.
- Utilize Social Media/Platforms/Marketplaces/Services available through the Application.
- Complete the registration process for the Application.
We also collect personal and family health information. This is done so that we can provide results that are relevant, meaningful and medically actionable. There might also be a need for you to provide information such as your race/ ancestry, age and sex. Personal and Family Health Information also includes information about your health conditions and genetic mutations. It is of utmost importance that you provide the most accurate information possible.
Aggregate Information from our DNA testing services:
With your consent, we extract your DNA from your saliva sample and analyze it to derive your Genetic Information (the As, Ts, Cs and Gs at particular locations in your genome) to provide you with your PatientMD reports and tools.
When you use the Application, we may collect tracking information such as your browser type, the type of operating system you use, the domain name of your internet service provider, and pages, sections, features, or items visited/viewed through the Application. We collect this information for aggregate reporting on Application activity. For example, we may want to know how long the average user spends using the Application or which pages or features get the most attention.
When we collect this information, we endeavour to de-identify any personally identifiable information by combining it with information about other individuals/users (“aggregating”) or by removing characteristics that make the information personally identifiable to you. PatientMD reserves the right to share with third parties de-identified aggregated information about you and other users of our Application. We share this information to improve our Application and develop content and services that may be of interest to you.
Cookies and Beacons
To help you personalize your online experience using the Application, we may use "Cookies." "Cookies" are small files that are transferred to your hard drive for record- keeping purposes. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, Cookies help to recognize you when you re-enter the Application so that you will not have to log in each time you visit. Cookies also help to collect anonymous traffic data, such as the number of unique and return visitors who use our Application. Besides, Cookies may be placed with users visiting through advertising banners and hyperlinks on other sites or through other applications to track the success of a particular advertising campaign or marketing program.
A “Session Cookie,” which is not placed on your hard drive, may also be used. A Session Cookie is a piece of identification between your browser and the server that keeps track of the items in, for example, your shopping cart and other information about your current session or use of the Application. A Session Cookie is automatically deleted when the session expires when you log out of the Application, or when you close your browser.
Storing and Using Information
PatientMD generally collects information to create your account, provide the Application to you, improve our Application, contact you, conduct research, and create reports for internal use. We use information collected through our Application for purposes described in this Policy or disclosed to you in connection with our Application. For example, we may use your information to:
- identify and suggest connections with other Application users;
- operate and improve our Application;
- understand you and your preferences to enhance your experience and enjoyment using our Application;
- respond to your comments and questions and provide customer service;
- provide and deliver products and services you request;
- send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by our selected partners and us;
- enable you to communicate with other users; and
- link or combine it with additional information we get from third parties to help understand your preferences and provide you with better services.
We store information on servers located in the United States and may store information on servers and equipment in other countries. We do not undertake to maintain any information about you for a duration greater than necessary to provide services to you or as provided by law, rule or regulation.
PatientMD currently, and will at all times, maintain reasonable security measures to protect the personal information that we collect and store from unauthorized access, acquisition, destruction, use, modification, or disclosure.
Any PHI that you disclose to a health care service provider through the Application shall be maintained in accordance with the requirements of HIPAA and with the terms of your Patient Authorization. In no event will PatientMD use or disclose your PHI to any individual or entity not included under your Patient Authorization.
We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include, among others, fulfilling orders, processing credit card payments, delivering packages, providing customer service, performing business and sales analysis, supporting our Application functionality, and other features offered through our Application. These service providers may have access to personal information needed to perform their functions, but the access is limited to what is required and necessary for the service providers to perform those functions, and they are not authorized to modify, share, or use such personal information for any other purposes. In no event shall these authorized service providers have access to any PHI disclosed through the Application pursuant to the terms of your Patient Authorization.
PatientMD requires that any such service providers to whom it allows access to its collected and stored information implement and maintain reasonable security measures to protect your personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure.
We may also transfer user or customer information, including personally identifiable information, in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.
We may disclose specific information in response to a valid court order, subpoena, government investigation, or as otherwise required by law, to enforce our Application policies and Terms, or to protect our or others' rights, property, or safety. We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
We may share information:
- With service providers that include our sequencing laboratory as we require their services.
- With other PatientMD customers provided, you request us so. For example, when you send a message related to DNA or when you add your information to a public profile.
- With research collaborators, provided you have given your consent explicitly.
- We may share information to prevent illegal uses of the Application or violations of the Terms or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
Opt Out or Change Information
If you do not want to receive email from us, or you want to prevent your information from being used for purposes other than those for which it was initially collected, please let us know by sending an email to this address email@example.com.
PatientMD gives you the ability to share information in several ways. You may choose:
- To store or discard your saliva sample after it has been analyzed for genetic sequencing.
- When and with whom you share your information, including family members, friends, healthcare professionals and other individuals who are not included in our service. This also consists of the third-party services that accept the data and social networks of PatientMD.
- To choose to give consent or decline consent for scientific research purposes through PatientMD Research by agreeing to the Individual Data Sharing Consent, Research Consent Document or while participating in a PatientMD community.
- Opt-out from storing your saliva sample after it has been analyzed.
Due to production, mailing, and system timelines, it may take some time to process your request. Besides, we may still use your information to communicate with you for other purposes, such as your orders and purchases, for customer service, or regarding contests or sweepstakes, you may have entered.
We do not knowingly solicit or collect information from persons under the age of 13. We do not have a mechanism for determining the age of the users of our Application. If you are under 13, please do not attempt to use our Application or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personally identifiable information. If we learn that we have collected personally identifiable information from a child under age 13, we will delete that information as quickly as possible.
Third Party Links
Our Application may also contain links to other third-party websites that are not under our control. These websites may or may not have their policies regarding privacy. You should seek and review these policies before providing information to these websites. PatientMD has no responsibility for linked websites and provides these links solely for the convenience and information of our visitors. PatientMD also maintains a strict "no-spam" policy and fully complies with CAN-SPAM Act regulations.
Your individual-level information will not be sold, given on lease or rented for any research purposes without your explicit consent.
- Our customer data will not be shared with any public database.
- Any person’s data (whether genetic or non-genetic) will not be shared with any insurance company or employer.
- The data will not be given to any law enforcement authority unless the law requires it.
How is your information secured?
We at PatientMD implement such measures and systems that will ensure that the confidentiality, integrity and availability of PatientMD data is maintained at all times.
- De-identification/ Pseudonymization, encryption and data segmentation: We strip registration information from sensitive information, and this also includes genetic and phenotypic data. We then assign this data with a randomly generated ID that is not easily identifiable.
- Limiting access to essential personnel: access to your information is limited to authorized personnel only. The access controls of PatientMD include multi-factor authentication, single sign-on, as well as strict least-privileged authorization policy.
- Threat detection and vulnerability management: At PatientMD, we use detection and prevention methods so that any potential attacks in the network can be prevented. Third-party security experts are engaged so that regular penetration tests can be conducted.
Risks and Considerations:
There is always a chance for consequences when you use our services, which you might not have considered.
- You may know about some information about yourself and your family members that might upset you, and it may cause some anxiety, and the situation might be beyond your control.
- You may learn about some relatives who were previously unknown to you, or you may also find out that you do not have any biological connection with some of your relatives.
- In case there is a breach of data and if the data is associated with your identity, and such can be used unethically.
If you choose to use the Application, your use and any dispute over privacy are subject to this Policy and our Terms, including limitations on liability and damages, application of the law of the State of Illinois and resolution of any disputes in Illinois.
If you have any concern about privacy about your:
- Genetic information: information about genotypes (As, Ts, Cs, and Gs) that are generated by way of processing your saliva.
- Self-reported information: Information that is provided directly to us, such as information on disease conditions, traits, family background and all other such information that you enter into the surveys, forms and so on.
Then please contact us with a thorough description, and we will make all reasonable attempts to resolve it.
Our business changes constantly, and this Policy, the Terms, and the Application will continue to change. You should check the Application frequently to see recent changes such as information related to the genetic testing services, saliva sampling and biobanking and other services offered by the app. Unless stated otherwise, any revised Policy will replace the prior Policy and will apply to past and current visitors.
Information that is related to genetic services:
- Saliva sample collection: To use our genetic testing services, you are required to register with us and then complete your profile. After this, you purchase our genetic testing kit, fill-up the form and then follow the instructions in the test kit.
- Genetic information: Information about your genotype (As, Ts, Cs, and Gs), which is generated when we analyze your saliva sample or when you provide your information through our services. This also includes the genetic test result, which might be used for other purposes as well.
Providing additional consent for our research on next-generation healthcare
Whether or not you allow us to share your Personal Information for our Research purposes You have the choice to participate in PatientMD Research for the service of mankind by providing your consent. "PatientMD Research" refers to research works aimed at publication in peer-reviewed journals and other research funded by the Government or other academic Institutes conducted by PatientMD.
Third parties such as not-for-profit organizations, pharmaceutical or biotechnology companies or academic institutions, might sponsor the research that we will conduct. The research might also include the study of a specific group of individuals or populations along with therapeutics development for identifying potential cases or targets. It might also conduct or support the design and development of drugs, diagnostics or devices to diagnose to predict or treat medical conditions and be able to work with other public, private and/or not-for-profit entities on research initiatives. The same information might also be used to create, commercialize, and apply to improve health care. PatientMD Research may use aggregate and/or individual-level information (whether genetic or self-reported) as specified in the appropriate Consent Document(s), filled up during ordering of the test by the individual. We at PatientMD may use your De-identified Genetic and Self-Reported Information for Research purpose, and it is only after you have consented to this use (by clicking an appropriate checkbox in a consent Document, which is optional). If you have agreed to this Research Consent:
- Your information (whether genetic or self-reported) will be used for research purposes, but we will de-identify it, and we will not link it to your Registration Information.
- Your information might be used internally by us at PatientMD for Research as well as quality control purposes.
- We may share a few summary statistics with our qualified research collaborators that do not reveal the identity of any individual.
If you have completed our research consent form, we may share De-identified Individual-level information with selected third-party research collaborators or our partners for Research purposes.
Withdrawing your Consent
You have the right to withdraw your consent regarding your participation in our research at any time. This can be done just by way of changing the consent status and emailing us at firstname.lastname@example.org. We will not include your information in any new research that occurs after 30 days from the receipt of your request. However, if any research has been conducted with your data prior to your request, we will not reverse it, undo it, or withdraw it.
What if you do not provide consent to our Research?
If you do not wish to check the box that is required to know about your agreement for participating in research in the Consent Document, we will not use your personal information for research purposes. However, we might still use your information and share it with our third-party service providers, as has been outlined in this Privacy Statement.
If you want to get recruited for our external research
One of the important aspects of PatientMD is our research, and we want to ensure that the interested participants are aware of additional opportunities to contribute to interesting, novel scientific research conducted by academic institutions, healthcare organizations, pharmaceutical companies, and other groups for the benefit of mankind. After you have chosen to participate in our research, we may inform you of any third-party research opportunities, whichever might be eligible. However, we will not share any information with any third party without your consent. In case you do not want to receive any of the alerts, you can send us an email at email@example.com.
To provide effective customer support
When you contact our customer care, you may be required to provide your information so that we can answer your questions and resolve your disputes, if any.
To conduct surveys or polls, and obtain testimonials
We value your feedback, and so we may send you surveys, polls, or requests for testimonials so that we are able to improve and optimize our services. You are, however, in control of what you would like to share with us. If case you do not want to receive such requests from us, then you can email us at firstname.lastname@example.org. Seven working days might be required for effect.
For Designated Countries: To process your information, we require your consent. You may withdraw your consent at any time. Such withdrawal might not affect the lawfulness of the processing of your information that is based on your consent before the withdrawal.
To provide marketing communications to you
When you create a PatientMD account, it means that you are agreeing to our offer of sending you product and promotional emails or any notification about our services and the offers on any new products, services, promotions or contests. You will have the option of unsubscribing from such marketing communications at your desirable time. To unsubscribe, click the “unsubscribe” link or email us at email@example.com. You may not want to opt-out of receiving non- promotional messages such as service-related emails.
Terms and Conditions for Uploading Videos, News and Blogs
Welcome to the PatientMD Terms and Conditions for uploading videos, news and blogs on the platform. The Terms and Conditions you see below are important because they:
- Outline your legal rights on PatientMD
- Explain the rights you give to us when you use PatientMD
- Describe the rules one needs to follow when uploading videos, news and blogs on the PatientMD platform
- Contain an agreement on how to resolve any disputes that may arise by copyright issues
We recommend that you read these Terms and Conditions. Furthermore, PatientMD may change these Terms and Conditions at any time by updating this webpage. Please review the Terms and Conditions regularly to ensure you are aware of any changes. Your continued access to and/or use of the Platform after changes have been made to these Terms and Conditions indicates your agreement to be legally bound by the updated and/or amended Terms and Conditions.
If you do not agree to them, you should not access the Site or use the Platform.
Your Personal Information
Your Content and Conduct
User Submissions — Video, News and Blogs Files
You agree to only post or upload videos, news and blogs on the PatientMD Site that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Videos, news and blogs of celebrities and cartoon or comic images are usually copyrighted by the owner.
In the event of using a video, news, blogs, clipping, or a part of it or any part of it, the person responsible for uploading the videos, news and blogs should mandatorily adhere to the code of conduct as per the Creative Commons license.
In case you are uploading any videos, news and blogs or any part of it which is not the property of yours, then you must compulsorily have a documented permission from the original source for uploading the videos, news and blogs. In case of any breach of copyright issues, PatientMD will no way be held responsible.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address, or web site URL) of you or of anyone else. Uploading videos, news and blogs of other people without their permission is strictly prohibited.
By uploading any video on the PatientMD Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any video, news, blogs, etc. on the PatientMD Site: (a) you grant to PatientMD a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes PatientMD to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify PatientMD and its affiliates, directors, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.
PatientMD reserves the right to review and monitor all videos, news and blogs prior to submission to the site and to remove any video in good faith which determines to be illegal, harmful, offensive, creating liability for PatientMD or its service providers, or otherwise in violation of this Terms and Conditions at any time, without prior notice, at our sole discretion. Also, from time to time, internet service failures may preempt access to videos, news and blogs.
Your Personal Information
You agree: to keep your password secure and confidential and to not allow anyone else to use your login id or password to access the Site or any video content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via firstname.lastname@example.org and we will close your account as quickly as possible. Please note that you will be responsible for PatientMD and to others for all activity that occurs under your registration account.
User Video Content Guidelines
If you use, or post Videos, News and Blogs on our platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in our Platform. PatientMD and its licensors are not responsible for the consequences of any communications in the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use our website, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using our website for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PatientMD in its sole discretion;
- Posting advertisements or solicitations of business;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying our website, or which, in the judgment of PatientMD, exposes PatientMD or any of its customers or suppliers to any liability or detriment of any type.
PatientMD have no liability or responsibility to users of the PatientMD Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
PatientMD respects the intellectual property of others and expects its users to do the same. Each user must ensure that the materials they upload do not infringe on any third-party copyright. PatientMD will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe a third party's copyright. PatientMD will also, in appropriate circumstances, terminate the accounts of repeat copyright infringers. In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.
Notices of Alleged Infringement for Video Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us an E-mail complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the E-mail:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this E-mail is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this E-mail, with all items completed, to our Support team at email@example.com.
In an effort to protect the rights of copyright owners, PatientMD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
We retain your data for as long as you have an account. When you close an account, we will delete the videos, news and blogs associated with it. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining data, we will delete or anonymize it. We retain deleted videos, news and blogs on our servers for a short period in case you wish to reverse the deletion. Once we delete a video, we may not be able to recover it. If you have previously made a video public, the video or its thumbnail may be discoverable in a search engine's cache for a time. If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
Thank you for your cooperation. We hope you find the PatientMD Site helpful and convenient to use! Queries or comments regarding this website should be submitted using our Contact Us Form.
1. Manufacturer Warranty (where applicable for devices/instruments) - If the returns of the products are arising from a warranty provided by the manufacturer, please direct your returns to the manufacturer. PatientMD takes no responsibility for the warranties provided by the manufacturer and such products do not fall within the ambit of the return policy.
2. Liability- Maximum liability for any willful delay caused by PatientMD, shall be limited to the actual sale consideration received by PatientMD or the amount refundable to customers, whichever may be lesser.
Governing Law. This agreement shall be governed by the laws of the State of Illinois.