DTG II, PLC d/b/a BEYONDMD TERMS OF SERVICE
Last Modified: MARCH 17, 2021
Welcome, and thank you for your interest in our web-based healthcare platform,
https://beyondmd.co (“Website”) and associated web applications (“App”) which are owned and operated by DTG II, PLC (“DTG II”), a Michigan Professional Limited Liability company. Through the Website and App, we offer online telehealth services, including but not limited to, scheduling telemedicine consultations with providers, providing lab orders, medications and prescriptions for medications and sending patient prescription information to pharmacies in an efficient manner (“Services”) that, when clinically appropriate, lets our users nationwide receive care and services from our health professionals
For Prescriptions: If you request to use the Services, and our medical providers consider it appropriate, we may give you a prescription and send it to a pharmacy to fulfill on your behalf.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of Website and App (collectively, “Platforms”), including any content, functionality, and services offered or requested on or through it, and any content or Services that we provide on or through our Platforms that you may receive or view, whether as a guest or a registered user, such as accessing our Website, utilizing our App, and initiating a telehealth consult.
These Terms of Use are a legally binding contract between you, the user (“you” or “user”) of our Platforms, and DTG II, PLC (“Company,” “we,” or “us”). By accessing and/or using the Service, including by doing so after accessing these Terms of Service, you represent and warrant that you are either (1) at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law or (2) between the ages of 13 and 18 and have submitted a signed parental and/or guardian consent form to the Company. If you do not wish to be bound by or do not understand these Terms of Service, you are prohibited from accessing and using our Services, and must refrain from requesting a telehealth consultation.
THE SERVICE IS NOT FOR USE IN MEDICAL OR MENTAL HEALTH EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Please read these Terms of Service, Consent to Telehealth, and Privacy Policy carefully before using the Website and Services. BY CHECKING THE “I AGREE” BOX FOR THESE TERMS OF SERVICE, THE CONSENT TO TELEHEALTH, AND PRIVACY POLICY (COLLECTIVELY, “DOCUMENTS”), ACCESSING THE WEBSITE, OR UTILIZING PRESCRIBERY SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE DOCUMENTS AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS, USE, OR UTILIZE ANY OF PRESCRIBERY SERVICES. PRESCRIBERY SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THE PROVISIONS IN THE DOCUMENTS.
Our Privacy Policy, which is hereby incorporated by reference, is available at the following URL:.
www.beyondmd.co/privacy
Section 1. Telehealth Platform; Acceptance Required. Without limitation, you agree that the Company is a telehealth platform from where you consent to treatment by medically licensed, professionals and that your use of the Service is at your own risk and pursuant to Section 2 (Assumption of Risk; Release).
1.1.
No Duty of Care Until Accepted by Doctor. You understand and agree that the medical providers available through the Services will take responsibility for your care only
after you have been accepted as a patient by the Company. In order to be accepted as a patient, (i) you must complete and answer all the required health questions on the new patient form, the renewal form, and the consent form, as applicable (collectively, the “Patient Forms”; (ii) you must provide a valid driver’s license number to establish you are of legal age; (iii) a doctor must review your requests for treatment, your Patient Forms, any photographs submitted by you, and/or information received from a video, telephonic, or Internet chat consultation (each, a “Teleconsultation”); (iv) the doctor must determine you are a good candidate for the receipt of telehealth services. You understand and agree that the duty of care does not arise at the point of your submission of Patient Forms or other inquiry, at the point of payment, or during a Teleconsultation, but at the point at which a doctor accepts a duty of care. Medical provider users shall not create a patient relationship without first obtaining all of the information stated herein.
1.2.
Right of Refusal. You understand and agree that any doctor accessible through our Services has the right to refuse to take responsibility for your care if said doctor determines, in the doctor’s exclusive professional judgment, that you are not a proper candidate for the Service. Medical provider users who decide to form a relationship with a patient shall do so unambiguously, and in a manner that informs the patient users of the scope of care.
1.3.
Website Material Is Not Medical Advice. You understand and agree that, except for any communications from a provider directly to you regarding your personal health, no information provided on the Website or through the Service constitutes professional medical advice and is intended for informational purposes only. You agree that you will never disregard professional medical advice or delay seeking it due to something you have read on the Website.
1.4.
Risks Inherent in Teleconsultations. All users shall understand and hereby agree, that important differences exist between the telehealth model of care and traditional healthcare. By using a telehealth platform, you are assuming increased responsibility for your own health and treatment options, including the responsibility to apply general information gleaned from the Website and other Internet sources to your personal health and symptoms. You understand and agree that, by choosing to obtain a Teleconsultation, you are assuming all risks of foregoing an in-person, physical consultation, including a physical exam that could identify a medical condition that requires further investigation or immediate treatment.
1.5.
Risks Inherent in Medication and Supplements. All medicines prescribed or recommended by a medical provider pose risks of serious side effects and adverse events, including severe allergic reaction, permanent disability, and death. Patient users understand and agree that it is your responsibility to inform all your health care providers of any allergies, past symptoms, your history with tobacco, drugs, or alcohol, or medications or supplements taken by you and to make an informed decision regarding the risks and benefits of any medicine or supplements being prescribed. Nothing in these Terms of Service are designed to alter a medical provider’s professional judgment or duties, when patient users elect to use the Services. As such, patient users shall be transparent about all medical issues relating to the consultation and proposed treatment plan.
1.6.
Confidentiality of Medical Information. In addition to our Privacy Policy, Federal and State law govern the confidentiality of medical information. Please reference our Privacy Policy located here for more information regarding confidentiality:
www.beyondmd.co/privacy
Section 2. Informed Consent to Services Offered Online.
Telemedicine involves the use of electronic communications to enable healthcare providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, or subspecialists. The information may be used for diagnosis, therapy, follow-up or education, and may include any of the following: Patient medical records; Medical images; Live two-way audio or video; and Output data from medical devices and sound and video files Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. Responsibility for patient care should remain with the patient’s local clinician, if you have one, as does the patient’s complete medical record.
2.1.
Expected Benefits. Expected benefits of the Services include: Improved access to medical care by enabling a patient to remain in his/her local healthcare site (i.e. home) while the provider consults and obtains test results at distant/other sites; More efficient medical evaluation and management; and Obtaining expertise of a specialist. PRESCRIBERY and any providers being consulted do not and cannot guarantee any particular patient outcomes.
2.2.
Possible Risks. As with any medical procedure, there are potential risks associated with the use of telemedicine.
2.2.1. These risks include, but may not be limited to:
- In rare cases, the consultant may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face meeting with the patient, or at least a rescheduled video consult;
- Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment;
- In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
- In rare cases, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
2.3.
Checking “Informed Consent”. By checking the box associated with “Informed Consent”, patient users acknowledge that you understand and agree with the following consents below; additionally, medical provider users shall be prepared to answer any questions relating to these informed consent matters:
2.3.1. I understand that the laws that protect the privacy and the confidentiality of medical information also apply to telemedicine and that no information obtained in the use of telemedicine, which personally identifies me, will be disclosed to researchers or other entities without my written consent.
2.3.2. I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
2.3.3. I understand the alternatives to telemedicine consultation as they have been explained to me, and in choosing to participate in a telemedicine consultation, I understand that some parts of the exam involving physical tests may be conducted by individuals at my location, or at a testing facility, at the direction of the consulting healthcare provider.
2.3.4. I understand that telemedicine may involve electronic communication of my personal medical information to other medical practitioners who may be located in other areas, including out of state.
2.3.5. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
2.3.6. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes, for example, my drug prescription and information may be sent to a pharmacy to fill my prescription. Others may also be present during the consultation other than my healthcare provider and consulting healthcare provider in order to operate the video equipment. The above-mentioned people will all maintain the confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that is personally sensitive to me; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at any time.
2.4.
Importance of Reading All the Information we Provide. I understand the importance of reading the information the doctor provides about adverse events, including the signs and symptoms of serious side effects and common side effects from taking a medicine, as this will ensure that I seek appropriate medical attention in a timely manner.
2.5.
Importance of Answering All Questions Fully and Truthfully.
2.5.1. I understand that by using the Services, I seek to enter into a relationship where the doctor relies exclusively upon information and images or video that I provide to decide whether or not treatment is safe and appropriate.
2.5.2. I understand that the medical provider has no way of verifying the information and photos that I provide and that the doctor will consider information to be accurate, true and complete, including my age, gender and all my answers to health questions, and the photos to be of me, taken at the time of me using the service, and unaltered.
2.5.3. I understand that if I provide information that isn’t true and complete, then I’ll be at greater risk of adverse events from any treatment that the medical provider prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.
2.5.4. I understand that if I provide photos that are altered, not of me or not taken at the time of me using the service, then I’ll be at greater risk of adverse events from any treatment that the medical provider prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.
2.5.5. I understand that even if I provide information that is true and complete, I’m still at risk of adverse events from any treatment that the medical provider prescribes.
2.5.6. I understand that even if I provide photos that are unaltered, of me and taken at the time of using the service, I’m still at risk of adverse events from my treatment that the medical provider prescribes.
2.5.7. I understand that by using the Services I'm giving my explicit consent for the medical provider to access my medication and other medical history.
2.6.
Risks of Accepting our Treatment Plan.
2.6.1. I understand that all the medicines that the medical provider may prescribe or recommend, including over the counter medicines and 'behind the counter' medicines can cause serious side effects and adverse events that include severe allergic reaction, permanent disability and death.
2.6.2. I understand that it is my responsibility to make an informed decision whether to accept a treatment plan that the medical provider proposes after weighing the risks and benefits of the medicine being prescribed, alternative treatment options and the risks and benefits of such alternatives, and the option of not seeking any treatment.
2.6.3. I understand that adverse events can be caused by a number of things, including an allergic reaction, side effects, or interactions between a medicine that the medical provider prescribes and any medical conditions I may have, other prescription medicines or other things (
e.g., supplements, herbs, over-the-counter medicines, or recreational drugs) I’m taking, and lifestyle choices such as smoking tobacco products or drinking alcohol.
2.6.4. I understand that by using the Services to diagnose and treat erectile dysfunction, the medical provider won't have the opportunity to conduct a detailed physical examination that would be possible if I were to see a medical provider in person. Because the medical providers made available through the Services cannot do a detailed physical examination there is a risk that they may not identify potential physical causes of my condition that they would be able to identify and investigate further if I were to see them in person.
2.6.5. I understand that the medical providers can order a set of laboratory tests, help me understand the tests results and advise me on next steps.
2.7.
Risks to Electronic Health Information. I understand that although the Company implements a wide range of administrative, physical, and technical safeguards to protect my health information and comply with HIPAA, the Company cannot guarantee the privacy and confidentiality of my health information. For more details about how the Company protects and uses your health information and complies with HIPAA, see our Privacy Policy.
Section 3. Assumption of Risk; Release
You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify the Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties“) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Services.
Section 4. Interactions with Medical Providers.
The Company facilitates communication between medical providers and patients. You are solely responsible for your interactions with the third parties, including medical providers and pharmacies, made available through the Service and for providing all necessary information to them. In no event shall the Company be liable for indirect, special, incidental, or consequential damages arising out of or relating to any user’s conduct in connection with such user’s use of the Service, including, without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or any other damages resulting from communications or meetings between users.
Section 5. Changes to Terms of Service
We reserve the right, at our sole discretion, to revise, update, or modify these Terms of Service. Amended Terms of Service will be posted on the Website or within Services and all changes are effective immediately upon posting. Notice of the amended Terms of Service will be provided in a dialog box when you log in and you are required to check the “I Agree” box certifying that you have read and understood the Terms of Service and agree to be bound by these amended Terms of Service. We may provide additional notice, at our sole discretion, such as an e-mail message or a message within the Services notifying of the amended Terms of Service. Your continued use of the Platforms and Services following the posting of the amended Terms of Service means you are agreeing that the changes apply to your continued use of the Services.
Section 6. Account Information and Security
6.1.
User Account. To use the Services, you must register and create a user account (“Account”). During the Account creation process, you will be asked to provide information that personally identifies you (“Personal Information”), including, but not limited to, a username, password, and certain personal information, which may include your name, e-mail address, phone number, and location (state and country).
6.2.
Patient Form and Account Information Accuracy. You represent and warrant that all user information you provide in connection with any Service, including Patient Form, your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. As a non-exhaustive example, you agree that you will not upload a Profile image that is not your likeness or provide inaccurate information about your health condition. If the Company believes in its sole discretion that the information you provide is not current, complete, or accurate, the Company has the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both.
6.3.
No Pseudonyms. You must use your real name when using the Services; pseudonyms are strictly prohibited. Any use of a pseudonym violates Section 3.2 (Patient Form and Account Information Accuracy) and is cause for suspension or deletion of your Account.
6.4.
Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify the Company immediately of any unauthorized use of your Account. The Company shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.
Section 7. Accessing and Changes to the Website
7.1.
Accessing the Website. We reserve the right to withdraw or amend this Website and App, and any service or material we provide on our Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and App, or the entire Website and App, to users, including registered users.
7.1.1. You are responsible for both:
- Making all arrangements necessary for you to have access to the Platforms; and
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
7.2.
Changes to the Website. We may update the content on our Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Section 8. Permitted and Prohibited Uses of the Website
8.1.
Permitted Uses of the Website and App. You may use the Website only for lawful purposes and in accordance with these Terms of Service. These Terms of Service permit you to use the Website and App for your personal, non-commercial use only.
8.2.
Prohibited Uses of the Website and App. The Company imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or the Services:
8.2.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
8.2.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
8.2.3. To solicit others to perform or participate in any unlawful acts;
8.2.4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
8.2.5. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards, as set forth in Section 6.3, in these Terms of Service;
8.2.6. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
8.2.7. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
8.2.8. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms, or expose them to liability;
8.2.9. In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms;
8.2.10. Modify copies of any materials from this site;
8.2.11. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site;
8.2.12. For any commercial purposes, including any part of the Platforms or any services or materials available through the Platforms;
8.2.13. To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Platforms;
8.2.14. To use any manual process to monitor or copy any of the material on the Platforms, or for any other purpose not expressly authorized in these Terms of Service;
8.2.15. To use any device, software, or routine that interferes with the proper working of the Platforms;
8.2.16. To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
8.2.17. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer, or database connected to the Platforms;
8.2.18. To attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack;
8.2.19. To otherwise attempt to interfere with the proper working of the Platforms;
8.2.20. To reproduce, resell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platforms, including our Services;
8.2.21. To offer or enable any third parties to use the Services purchased by you, display on any website, or otherwise publish the Services or any content obtained from a Service or otherwise generate income from the Services or use the Services for the development, production, or marketing of a service or product substantially similar to the Services;
8.2.22. To harass or stalk any person, or contacting any person who has requested not to be contacted;
8.2.23. To provide false, misleading, or inaccurate information to the Company or any other person in connection with the Services;
8.2.24. To forge, modify, or falsify any network packet or protocol header or metadata in any connection with, or transmission to, the Services (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers)
8.2.25. To harvest or otherwise collect information about users, including email addresses and phone numbers;
8.2.26. while using the Service, to use ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
8.2.27. To pay anyone for interactions on the Service; and
8.2.22. In any matter beyond the scope of Company’s intended use, as solely determined by us.
Section 9. User Content
9.1.
User Content Generally.
9.1.1. Certain features of the Service may permit users to upload, post, submit, publish, display, or transmit to other users or other persons content to the Service on or through the Platforms, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”).
9.1.2. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
9.2.
User Responsibilities regarding User Content. You agree to the following:
9.2.1. You are solely responsible for your User Content and the consequences of providing User Content via the Services, including its legality, reliability, accuracy, and appropriateness;
9.2.2. You own or control all rights in and to the User Content;
9.2.3. All of your User Content do and will comply with these Terms of Use;
9.2.4. Your User Content will comply with the Content Standards, as set forth in Section 9.3 in these Terms of Use;
9.2.5. Any User Content you post, publish, or transmit to the site will be considered non-confidential and non-proprietary; and
9.2.6. You waive any legal or equitable right or remedy you have or may have against the Company with respect to User Content.
9.3.
Content Standards. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
9.3.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
9.3.2. Contain any viruses, adware, spyware, worms, or other malicious code;
9.3.3. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
9.3.4. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
9.3.5. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
9.3.6. Be likely to deceive any person;
9.3.7. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
9.3.8. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
9.3.9. Impersonate any person, misrepresent your identity, or misrepresent your affiliation with any person or organization;
9.3.10. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
9.3.11. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9.4.
Company’s Responsibilities regarding User Content.
9.4.1.
Monitoring. Company assumes no obligation to control or monitor User Content that you or other users post or publish and does not screen or routinely pre-screen any User Content. Company does not guarantee the accuracy, integrity, appropriateness, quality, or validity of any User Content.
9.4.2.
Reservation of Rights. Company reserves the right to:
9.4.2.a. Monitor any and all User Content from time to time;
9.4.2.b. Screen, remove, edit, or block any User Content for any or no reason in our sole discretion, without prior notice; and
9.4.2.c. Take any action with respect to any User Content that we deem necessary, including but not limiting to, violation of Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
9.4.3.
No Responsibility or Liability. Company assumes no responsibility or liability for:
9.4.3.a. Content or any loss or damage incurred as a result of the use of User Content;
9.4.3.b. Any action or inaction regarding transmissions, communications, or content provided by any user or third party; or
9.4.3.c. Performance or nonperformance of activities regarding User Content.
9.5.
Company’s Permitted Use of User Content. You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and license (with the right to sublicense) right to use, host, copy, store, transfer, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Section 10. Linking
10.1.
Linking to the Website or App. You may link to our publicly available portions of the Website or App, 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.
10.2.
Linking to Social Media Features.
10.2.1. The Website and App may provide certain social media features that enable you to:
10.2.1.a. Link from your own or certain third-party websites to certain content on the Platforms;
10.2.1.b. Send emails or other communications with certain content or links to certain content, on the Platforms; and
10.2.1.c. Cause limited portions of content on the Platforms to be displayed or appear to be displayed on your own or certain third-party websites.
10.2.2. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
10.2.2.a. Establish a link from any website that is not owned by you;
10.2.2.b. Cause the Platforms or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
10.2.2.c. Link to any part of the Website other than publicly available portions of the Platforms; or
10.2.2.d. Otherwise take any action with respect to the materials on the Platforms that is inconsistent with any other provision of these Terms of Service.
10.3.
Linking Cooperation. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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.
10.4.
Linking from the Website or App. If the Platforms contain links to websites of third parties (Third-Party Websites), including third-party pharmacies that fill your prescriptions, these links are provided for your convenience only. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. We have no control over the contents and performance 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 the Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Section 11. Reliance on Information Posted
The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents. the Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platforms at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the Platforms. The Platforms may include content provided by third parties. All statements and opinions expressed in these materials and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Section 12. Proprietary Rights
12.1.
Intellectual Property Rights. The Platforms and its entire contents, features, and functionality, and Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owed by the Company, 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. YOUR HAVE NO RIGHT, TITLE, OR INTEREST IN THE PLATFORMS OR ANY CONTENT ON THE PLATFORMS.
12.2.
Proprietary Rights. Company retains ownership of all proprietary rights in the Services and in all of Company’s name, terms, trade names, trademarks, service marks, logos, domain names, and all related names, logos, product and service names, designs, and slogans (“Company’s Marks”) associated or displayed with the Platforms and Services. You may not frame or utilize framing techniques to enclose any Company’s Marks, or other proprietary information of the Company without express consent. You may not use any meta tags or any other “hidden text” utilizing Company’s Marks without our express written consent.
12.3.
Publicity Rights. By requesting an interview or consenting to us filming or otherwise creating any content/Works that includes your name, user’s image, video, or likeness, you are granting the Company the exclusive rights to publish, broadcast, alter, create derivative works from, and any and all rights not expressly stated herein, including moral rights, to the Works. Because the Company relies on the use of social media to provide the Services, you hereby grant to the Company, the exclusive right to use all Work that contains your name, image, video, or likeness, on all such social media platforms.
Section 13. Copyright Policy
Since we respect artist and content owner rights, it is our policy to respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. In accordance with DMCA, the written notice (“DMCA Notice”) must include the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Notices and counter notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at https:// www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to BeyondMD, at: Notices@beyondMD.co
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy to terminate the user accounts of repeat infringers.
Section 14. Payments
14.1.
Payment Terms.
14.1.1. You acknowledge and agree that the Company reserves the right to charge for access to the Service, including for Teleconsultations. The Company reserves the right, in its sole discretion, to change the fees and charges in effect, or to add new fees and charges, by posting such changes or providing notice to you. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical, inaccuracies, or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
14.1.2. You agree to timely pay for all products ordered by you and other charges incurred by you through the Service. By using the Service, you authorize the Company and/or its payment processor to charge the Company’s fees to the payment method you provide, in addition to applicable sales and other taxes.
14.1.3.
Third-Party Pharmacies. for your convenience and to provide our Services on an expedited basis, you may fill a prescription through third party pharmacies that we refer you to, and we may collect payment from you for said prescriptions. You understand and agree that these third-party pharmacies are not affiliated with our Company. They are third parties and our Company does not charge you for pharmaceuticals. In order to facilitate filling your prescription, you hereby authorize us to provide any third-party pharmacy selected to fill your prescription with your billing information that is within our files, including your name, billing address, and credit card information. Any and all issues relating to charges by a pharmacy for your prescription must be addressed with the third-party pharmacy, and not our Company. You hereby hold the Company harmless from any and all issues relating to the fulfillment of your prescription by such pharmacies, including any and all payment disputes that you may have with them.
14.2.
Returns and Refunds. All fees, charges, and payments are nonrefundable, and there are no refunds. Due to the nature of the Services, the Company cannot accept any return.
Section 15. Privacy Policy
All information we collect on the Platforms and through your use of the Services is subject to our Privacy Policy, herein fully incorporated. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Company encourages users of the Service to frequently check the Privacy Policy for changes.
Section 16. Termination; Suspension of Your Account
16.1.
Termination by Company. We reserve the right to discontinue offering or deny use of the Services or any part thereof, make changes to the Services, or to suspend, remove, modify or disable access to Services at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms of Service to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Services and your Account at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Services, in any case and without notice or liability. Without limiting any remedies available to us, we may limit, suspend, terminate, modify, or delete your user account and access to Services if you are, or we suspect that you are, failing to comply with any of the Terms of Service and any laws or regulations.
16.2.
Automatic Termination Upon Breach by You. Your authorization to use the Services shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by the Company.
16.3.
Termination by User. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to the Company notice of your intention to do so, in the manner required by Section 15.8 (Notices).
16.4.
Effect of Termination.
16.4.1. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, the Company may, but has no obligation to, in the Company’s sole discretion, rescind any services and/or delete from the Company’s systems all your Personal Information and any other files or information that you made available to the Company or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Services.
16.4.2. After termination, the Company reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
Section 17. Geographic Restrictions
The owner of the Platforms is a corporation organized in the State of Michigan in the United States. We provide the Platforms for use only by persons located in the United States. We make no claims that the Platforms or any of its content is accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Section 18. General Provisions
18.1.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files or information available for downloading from the internet or on the Platforms 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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 OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS 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 OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.2.
User Representations and Warranties. You represent and warrant that your use of the Services will be in accordance with these Terms of Service and any other Company policies, and with any applicable laws or regulations.
18.3.
Limitation on Liability.
18.3.1. Limitation on Liability regarding the Platforms and Services. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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, THE PLATFORMS, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORMS OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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, AND LOSSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18.3.2. Limitation on Liability regarding Terms of Sale. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH THE WEBSITE.
18.4.
Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractor, licensors, 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 Service or your use of the Platforms, including but not limited to, your User Content, any use of the Platforms’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platforms
18.5.
Governing Law and Jurisdiction. All matters relating to the Platforms and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts located in or nearest to San Diego, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18.6.
Arbitration.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
18.6.1.
Preliminary Dispute Resolution. Most claims, disputes, and controversies arising from or relating in any way to your purchase of Services through the Website, can be resolved quickly and amicably by contacting Company’s customer support at customerservice@beyondMD.com. But we understand that sometimes disputes cannot be easily resolved by customer support. As part of the best efforts process to resolve these claims, disputes, and controversies arising from or relating in any way to your purchase of Services through the Website and prior to initiating arbitration proceedings, a user must first provide notice of the claims, disputes, and controversies to the Company, including a description of the dispute, what efforts have been made to resolve it, and what the user is requesting as resolution, to customerservice@beyondMD.com. The Company will have 30 days to respond to your issue or dispute with a proposed resolution.
18.6.2.
Litigation Not Available. You shall not initiate any action in any court if your issues are not resolved by the preliminary dispute resolution process above.
18.6.3.
Binding Arbitration Generally. By voluntarily accepting these Terms of Service,
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
18.6.4.
No Class Actions. By voluntarily accepting these Terms of Service, you and the Company are agreeing that the parties can only bring a claim against each other on an individual basis.
18.6.5.
Arbitration Procedure. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, and by a single arbiter selected by the Company. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
18.6.6.
Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
18.6.7.
Venue and Jurisdiction. The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be a tribunal located in or nearest to San Diego, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
18.7.
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE 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.
18.8.
Waiver. No waiver by the Company of any term or condition set out in these Terms of Service will 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 Service will not constitute a waiver of such right or provision.
18.9.
Notices.
18.9.1.
From Company to User. The Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to the Company. You agree that any notice received from the Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with the Company is accurate and current, and notice to you shall be deemed effective upon the sending by the Company of an email to that address.
18.9.2.
From User to Company. You shall give any notice to the Company by email to customerservice@beyondMD.com
18.10.
Assignment. We may assign these Terms of Service and all documents fully incorporated, in whole or in part, to any person or entity at any time without your consent. The Terms of Service and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of the Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. Any unauthorized attempt of assignment by you will be ineffective.
18.11.
Amendments. The Terms of Service may be modified by the Company, along with the posting by the Company of that amended version on the website and providing you notice of the change.
18.12.
Survivability. Upon any termination of these Terms of Service, the following provisions will survive termination: Section 3, Section 5, Section 6, Section 9, Section 12, Section 15.1, Section 15.2, Section 15.3, Section 15.5, Section 15.6, and Section 15.7.
18.13.
Severability. If any part of these Terms of Service is declared invalid, void, or unenforceable by a court or other tribunal of competent jurisdiction, such decision shall not affect the validity of any remaining portion of these Terms of Service, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable.
18.14.
Entire Agreement. These Terms of Service, Privacy Policy and all documents or other terms referenced herein fully incorporated constitute the sole and entire agreement between you and the Company regarding the Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platforms.
18.15.
Independent Contractors. Third party providers, such as medical providers and pharmacies, are contractors of the Company, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
18.16.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
18.17.
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Terms of Service or infringement of proprietary or other third-party rights by you would cause irreparable injury to the Company and the Company’s licensors and suppliers, and would therefore entitle the Company or the Company’s licensors or suppliers, as the case may be, to injunctive relief without the requirement of posting bond or providing advanced notice.
18.18.
License. Subject to the user’s compliance with these Terms of Service, the Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Website, and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of the Company. All rights not expressly granted in this Agreement are reserved by the Company.
18.19.
Electronic Communications.
18.19.1.
Consent to Receive from Company. By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from the Company, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to
Unsubscribe@beyondMD.co You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
18.19.2.
Consent to Receive from Users. Without limitation, by registering for the Services and providing your name, email, postal or residential address, and/or phone number through the Services, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Services.
18.19.3.
SMS Policy.
18.19.3.a. Termination by You. You may terminate any of the SMS services or subscriptions at any time by texting “STOP” to 72144.
18.19.4.b. Termination by Company. You agree that the Company, at its sole discretion, may at any time terminate your use of all or any portion of the SMS services and/or charge its content offering made available through the SMS services, if the Company believes that you have violated or acted inconsistently with the Privacy Policy or Terms of Service. You agree that the Company shall not be liable to you or any third party for any termination of your access to the SMS services.
18.19.4.c. Description of SMS Services. The Company provides text message-based services such as prescription renewal dates approaching; follow-up (general) along with self-schedule nutritionist link; weight loss coach check-ins; medical provider no-show to reschedule; product announcements, specials and promotions. You acknowledge and agree that the SMS service are for your personal use only. You may not use the services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the services, you must enter into an agreement with the Company in advance. Please contact us for more information.
18.20.
Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.
PRIVACY POLICY
Last Modified: MARCH 17, 2021
DTG II, PLC (“DTG II, PLC” or “Company”) is committed to respecting the privacy rights of users of the Platforms and Services. This policy provides you with information about how we collect, use, and disclose your personal information. The Company has published this “Privacy Policy” to show its commitment to fair information practices and to the protection of privacy.
Section 1. Introduction
1.1.
Scope. This Privacy Policy is only applicable to the Services, and not to any third-party websites or services of third parties (“Third Party Websites”), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 13 (Third Party Websites) and Section 3.3 (Information from Third-Party Sources).
1.2.
Separate Terms of Use. By using the Services, you represent and warrant that you have also read and understood, and agree to be bound by, both this Privacy and the Company’s separate Terms of Service document (the “Terms of Service”), which is incorporated by reference and made part of this Privacy Policy.
1.3.
HIPAA Authorization. This Privacy Policy governs your use of the Platforms. Should you choose to apply for and/or enlist the telehealth services of the Company, you will be required to complete Patient Forms that include a so-called “HIPAA Authorization” regarding the use and/or disclosure of your medical information. The terms of the HIPAA Authorization are provided on your Patient Forms and in Section 17 below.
1.4.
No Permission Without Agreement. By using the Service, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Service.
Section 2. Updates and Changes to Privacy Policy
Each time you access the Service, the then-current version of this Privacy Policy will apply. Although most changes are likely to be minor, the Company reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless the Company obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.
Section 3. How We Collect Data
Like most website and mobile application operators, the Company collects information about you in three ways: (1) information you provide to us; (2) information we collect through automatic data collection technologies, including (a) IP addresses; (b) Internet domain names; (c) types of devices accessing the Service; and (d) types of Web browsers accessing the Service (collectively “Traffic Data”). Traffic Data is anonymous information that is not meant to personally identify you.; and (3) information from third-party sources.
3.1.
Information You Provide to Us.
3.1.1.
Personal Identifiable Information. To use certain features of the Service, you may be asked to provide the Company certain personally identifiable information ("Personal Information"). Personal Information includes the following categories, without limitation: (1) "Contact Data" (such as your name, phone number, fax number, mailing address and email address); (2) "Financial Data" (such as your credit/debit card number and expiration date); (3) "Demographic Data" (such as your gender and ZIP code); and (4) "Third Party Social Media Account Data" (such as your account information for third party social media accounts when you access the Service in connection to those accounts). In each case, you will be asked to provide Personal Information; the Services will not gather it secretly. The Company may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to the Company. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Services.
3.1.2. The information we collect on or through our Platforms may include:
3.1.2.a. Contact details, such as your name, email address, birthday, phone number, general location (state/country); user may also provide us with information;
3.1.2.b. Account login credentials, such as usernames and passwords, password hints and similar security information;
3.1.2.c. Licensing and downloading our Services;
3.1.2.d. Your User Content;
3.1.2.e. Communications with our customer support team or other communications that you may send us and their contents;
3.1.2.f. Details of donations/transactions you carry out through our Website and of the fulfillment of your orders;
3.1.2.g. Your search queries on the Website;
3.1.2.h. Your social media platforms details, such as your social media username, accounts ids, social handle, time zones; and
3.1.2.i. Collection of your contact details when you provide them in the context of our customer, vendor, and partner relationships.
3.2.
Information We Collect Through Automatic Data Collection Technologies.
3.2.1.
Log Data. When you use our Services, our servers automatically record information that your browser sends whenever you visit the Website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the webpages you visit, the search terms you use, login/logout status, UserID, and any advertisements on which you click.
3.2.2.
Cookies or Similar Technologies. Company uses cookies or similar technologies to analyze trends, administer, and track your movements during your visit to our Website or use of our Services, gather information about you, where you access our Website and Services, and how you use our Services.
3.2.2.a. What are Cookies? Cookies are small text files that are placed on your computer by websites and services that you visit or access. They are widely used to make websites and services work and function with greater efficiency, and to provide information about our users experience during use of, or interaction with, our websites and services. Some cookies last only for the duration of your web session and expire when you exit your browser; other cookies may last for longer than your web session, including after you exit your browser, for example remembering you when you return to our Website. The table below explains the cookies that we use and our third-party partners use and why.
| Cookie |
Purpose |
Practice |
| Functional Cookies |
Sign-in and Authentication |
When you sign into a website or Services using your account, we store a unique UserID number, and the time you signed in, in an encrypted cookie on your device. This cookie allows you to move from page to page within the Website without having to sign in again on each page. You can also save your sign-in information, so you do not have to sign in each time you return to the Website. |
| Facebook and Other Social Media Platform Cookies |
Social Media |
Parts of our Website and Services include code snippets provided by social media companies that can sense if you are already logged into a given social media account so you can easily share your User Content with other social media users via that account. These code snippets read cookies set previously by social media company web content while you are logged in and browsing such content on those social media sites. |
3.2.2.a.1. Most web browsers automatically accept cookies but provide controls that allow you to block or delete them. Certain features of our Website and Services depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost. If you choose to delete cookies, settings, and preferences controlled by those cookies, will be deleted and may need to be recreated.
3.2.3.
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics.
3.2.4.
Do Not Track. Company does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use our Services.
3.3.
Information from Third-Party Sources. We may also obtain contact details and other information about you from other third parties (like social networks) when you choose to use some of the Company’s Services social features, you allow us to receive information about you.
Section 4. How We Use Your Information
4.1.
Generally.
4.1.1. As a general matter, we use your information to provide the Services, experiences, or information you request. We also may use your information for the following purposes:
4.1.1.a. Create and manage your account, provide our Services, process payments, and respond to your inquiries;
4.1.2.b. Manage account authentication such as two-factor authentication;
4.1.3.c. Communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you Services-related announcements;
4.1.4.d. Tailor our Service;
4.1.5.e. Publish your User Content on social media platforms;
4.1.6.f. Aggregate your Personal Information for analytical purposes;
4.1.7.g. Provide customer support;
4.1.8.h. Operate, evaluate, and improve our business;
4.1.9.i. Ensure the security of our Service;
4.1.10.j. Manage our customer, service provider, and partner relationships;
4.1.11.k. Enforce our agreements related to our Services and our other legal rights;
4.1.12.l. Comply with applicable legal requirements, industry standards, and our policies; and
4.1.13.m. For any other purpose with your consent.
4.2.
Specifically. Specifically, the Company may use your information in any of the following ways:
4.2.1.
Traffic Data and Information Gathered Using Cookies. The Company analyzes Traffic Data and information gathered using Cookies to help the Company better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, the Company is able to better design the Service to improve your experience, and to serve you more relevant and interesting content. From time to time, the Company may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service. The Company does not attempt to link information gathered using Cookies to Personal Information.
4.2.2.
Personal Information. The Company uses your Contact Data to send you information about the Company and Services, and to contact you when necessary in connection with the Service. The Company uses your Financial Data to verify your qualifications for certain features of the Service and, when necessary, to bill you. The Company uses your Demographic Data to customize and tailor your experience on the Services. The Company uses your Third-Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third-party social media companies, such as Facebook and Twitter. As with Traffic Data and information gathered using Cookies, from time to time the Company may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.
4.2.3. The Company may share your Personal Information for use by its third-party service providers – including the manufacturer of pharmaceuticals, and its partners or affiliates – for business and marketing purposes. Your Contact Information may be used to provide you notifications, advertisements, promotions, or other information. The Company may also provide manufacturers with Personal information that has been de-identified and/or aggregated for other business purposes. Personal information will not be sold or rented by said manufacturers.
4.2.4.
Financial Data. For your convenience and to provide our Services on an expedited basis, from time to time, you may fill a prescription through third party pharmacies that we refer you to. You understand and agree that these third-party pharmacies are not affiliated with our Company. They are third parties and our Company does not charge you for pharmaceuticals. In order to facilitate filling your prescription, you hereby authorize us to provide any third party pharmacy selected to fill your prescription with your Financial Data (i.e., billing information that is within our files), including your name, billing address, and credit card information solely to process the payment for your prescription.
4.3.
Disclosure Practices. Except under the following categories of circumstances or as otherwise stated in the Privacy Policy or Terms of Service, the Company will keep your Personal Information private, and will not share it with third parties.
4.3.1.
De-Identified Sharing. The Company may share or sell Personal Information that has been de-identified such that you cannot be tied back to it. The Company hopes that this kind of aggregate data will be useful for health research. The Company will take reasonable measures to ensure that its de-identification process is effective, but does not guarantee that you will never be personally identified with your data.
4.3.2.
Disclosure in Connection with Service. The Company discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.
4.3.3.
Social Media. At your direction, The Company discloses your information and your use of the Service on social media platforms. The Company sends your information through the APIs of social media platforms you authorize, in compliance with all applicable laws and the applicable platforms’ privacy policies in place when your information is sent.
4.3.4.
User Content.
4.3.4.a. User Content Defined. “User Content” is any content, material, or information, not including Personal Information, that you submit, upload, and/or post to, or transmit, display, perform, or distribute through, the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos and videos.
4.3.4.b. License to User Content. As stated in the Terms of Service, by using the Service, you grant the Company and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) the right to publish your name and any username of yours in connection with the Company Parties’ exercise of their license in and to your User Content. You further waive any claims arising from the Company Parties’ exercise of that right. For additional information, see the section of the Terms of Service titled “User Content”.
4.3.5
. By Law or to Protect Rights. The Company discloses Personal Information when required to do so by law, in response to a subpoena or court order, or when the Company believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of the Company, third parties, or the public.
4.3.6.
Business Transfers; Bankruptcy. The Company reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of the Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the Company’s successor organization.
4.3.7.
Unpaid Accounts. If you fail to pay any balance owed in consideration of services, the Company may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies, and others.
Section 5. How We Share Personal Information
We may disclose the Personal Information we collect about you as described in this privacy policy:
5.1. To customers or appropriate third parties if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of such individuals or organizations;
5.2. To our subsidiaries and affiliates;
5.3. To contractors, service providers, and other third parties we use to support our business
5.4. To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
5.5. To a buyer or other successor in the event of a merger, acquisition, reorganization, sale of assets, or similar transaction, or in the event of insolvency or bankruptcy; and
5.6. To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
Section 6. How We Protect Personal Information
We are very concerned about safeguarding the confidentiality of your Personal Information. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. The safety and security of your information also depends on you. Where we have given you a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask that you not share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Section 7. Consent to Receive Electronic Communications
7.1.
From Company. Without limitation, by registering for the Services and/or by providing your name, email, postal or residential address, and/or phone number through the Services, you expressly consent to receive electronic and other communications from the Company, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications, regarding the Services, new product offers, promotions, and other matters. If you decide at any time that you no longer wish to receive such marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. You may also opt out from receiving commercial emails from us by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to unsubscribe@doctalkgo.com. Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services. To update your preferences, ask us to remove your information from our mailing lists, delete your account, or submit a request to exercise your rights under applicable law.
7.2.
From Other Users. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Service.
Section 8. Security of Personal Information.
Due to the nature of the information, THE COMPANY TAKES SECURITY SERIOUSLY. We use commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, the Company is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
Section 9. Accessing, Updating, and Correcting Your Information
The Company wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Services, you represent and warrant that all information you provide in connection with your use of the Services is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, visit your personal profile. Through your personal profile, you may review and update your Personal Information that we have already collected. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your User Content from the Website, copies of your User Content may remain viewable in cached and archived pages, and might have been copied or stored by other Website users.
Section 10. Lost or Stolen Information. You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account and update our records accordingly.
Section 11. Children’s Privacy
The Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”) require us to inform parents and legal guardians (“parents”) about our practices for collecting, using, and disclosing personal information from children under the age of 13 (“children”). It also requires us to obtain verifiable consent from a child’s parent for certain collection, use, and disclosure of the child’s personal information.
11.1.
Company’s Controls. We may ask you to provide age-related information. For example, we may request your ID, credit card, or driver’s license to determine whether COPPA requires us to obtain verifiable parental consent from your parents before allowing you access to our Services. If you indicate that you are under the age of 13 or we otherwise determine that you are, we will require that a parental approval process be completed before continuing to access our Services. This process is designed to notify parents that their child has requested access to our Services, inform them about our privacy practices, offer them the opportunity to approve our collection and use of their child’s information as described in this section, and describe the controls that we make available to them.
11.2.
Information We Collect from Children. Children can access certain parts of the of the Website and its content without providing us with personal information. However, some content, features, and Services require collection of certain information. We only collect as much information about a child as is reasonably necessary for the child to participate in the Services, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary. Refer to Section 1 of the Privacy Policy to see the information we collect.
11.3.
How We Use Your Child’s Information. Refer to Section 2 of the Privacy Policy to see how we use the information we collect.
11.4.
Our Practices for Disclosing Children’s Information. We do not share, sell, rent, or transfer children’s personal information other than as described in Section 3 of the Privacy Policy.
11.5.
Accessing and Correcting Your Child’s Personal Information. At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and refuse to permit us from further collecting or using the child’s information. You can review, change, or delete your child’s personal information by logging into your child’s account and visiting his or her account profile page.
Section 12. Your California Privacy Rights.
If you are a California resident, California law, including under the California Consumer Privacy Act (“CCPA”) may provide you with additional rights regarding our use of your personal information.
12.1.
Information We Collect. The Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirection, with a particular consumer or device. In particular, our Website has collected the following categories of personal information from its consumers within the last twelve (12) months:
| Category |
Examples |
Collected |
| A. Identifiers. |
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. |
YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)) |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories |
YES |
| C. Protected classification characteristics under California or federal law |
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) |
YES |
| D. Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
YES |
| E. Biometric information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data |
YES |
| F. Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement |
YES |
| G. Geolocation data |
Physical location or movements |
YES |
| H. Sensory data. |
Audio, electronic, visual, thermal, olfactory, or similar information |
NO |
| I. Professional or employment-related information |
Current or past job history or performance evaluations |
NO |
| J. Non-public education (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records |
NO |
| K. Inferences drawn from other personal information |
Profile reflecting a person’s preferences, characteristics, physiological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes |
NO |
We obtain the categories of personal information listed above as referenced in Section 2.
12.2.
Use of Personal Information. Refer to Section 3 of the Privacy Policy to see how we use the information we collect.
12.3.
Sharing Personal Information. Refer to Section 4 of the Privacy Policy to see how we use your information.
12.4.
Your Rights and Choices. The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
12.4.1.
Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
12.4.1.a. The categories of personal information we collected about you;
12.4.1.b. The categories of sources for the personal information we collected about you;
12.4.1.c. Our business or commercial purpose for collecting or selling that personal information;
12.4.1.d. The categories of third parties with whom we share that personal information;
12.4.1.e. The specific pieces of personal information we collected about you; and
12.4.1.f. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
12.4.1.f.1. Sales, identifying the personal information categories that each category of recipient purchased; and
12.4.1.f.2. Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
12.4.2.
Deletion Request Rights. You have the right to request that we delete any of your personal information that we collect from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us to:
12.4.2.a. Complete the transaction for which we collected the personal information, provide Services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
12.4.2.b. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
12.4.2.c. Debug Services to identify and repair errors that impair existing intended functionality;
12.4.2.d. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
12.4.2.e. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §154 et. seq.);
12.4.2.f. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
12.4.2.g. Comply with a legal obligation; and
12.4.2.h. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
12.4.3.
Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described in Section 8.4.1. and Section 8.4.2., please submit a verifiable consumer request to us by contacting us using the “Contact Us” link through the Website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
12.4.3.a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
12.4.3.b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
12.4.4.
Response Timing and Format. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and the extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically via email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
12.4.5.
Personal Information Sales Opt-Out and Opt-In Rights. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parents of a user less than 13 years of age. Users who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us using the “Contact Us” link through the Website with the subject line “Do Not Sell My Personal Information.” Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by contacting us using the “Contact Us” link through the Website. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
12.5.
Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
12.5.1. Deny you Services;
12.5.2. Charge you different prices or rates for Services, including through granting discounts or other benefits, or imposing penalties;
12.5.3. Provide you a different level or quality of Services; or
12.5.4. Suggest that you may receive a different price or rate for Services or a different level or quality of Services.
However, we may offer you certain financial incentives permitted by the CCPA that
can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
12.6.
Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section §1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contacts us using the “Contact Us” link through the Website.
Section 13. Third Party Websites.
The Company neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by the Company. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third-Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.
Section 14. Promotional Activities.
From time to time, the Company may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, The Company may also ask you to participate in surveys designed to help the Company improve the Services. Any Personal Information provided to the Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
Section 15. Business Transitions.
In the event the Company goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a “Business Transition”), the Company may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.
Section 16. How to Contact Us
To ask questions or comments regarding this Privacy Policy, or if you would like to exercise your rights to your Personal Information, you may contact us by emailing us at the “Contact Us” link through the Website.
Section 17. HIPAA Consent Form & Disclosure Authorization. You understand and agree that the following terms and authorization apply to any Health Information submitted or transferred by you to the Company as part of any Patient Form, communication, or if you otherwise choose to apply for and/or enlist the telehealth services of the Company.
17.1. You understand that you have certain rights to privacy regarding your protected Health Information. These rights are given to you under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
17.2. You understand that, by agreeing to this Privacy Policy and/or submitting a Patient Form, you authorize the Company to use and disclose your protected Health Information to carry out.
17.2.1. Treatment, including direct, indirect, or telehealth diagnosis and treatment by other healthcare providers involved in your treatment;
17.2.2. Obtaining Payment from third party payors (including your insurance company); and
17.2.3. The day-today Healthcare Operations of the Company’s practice.
17.3. You understand and acknowledge that your authorization herein may cover disclosure and use of, among other things, Health Information related to mental healthcare, communicable diseases (including HIV or AIDS), and the treatment of alcohol or drug abuse.
17.4. You acknowledge that you have been informed of and given the right to review and secure a copy of this Privacy Policy and the Company’s Statement of Privacy Practices, which contains a full description of the uses and disclosures of your protected Health Information and your rights under HIPAA.
17.5. You understand and agree that the Company reserves the right to change the terms of this Privacy Policy and its Statement of Privacy Practices from time to time and you may visit this webpage or contact beyondMD.co at any time to obtain the most current copy of this Privacy Policy and its Statement of Privacy Practices.
17.6. You understand that you have the right to request restrictions on how your protected Health Information is used and disclosed to carry out Treatment, Obtaining Payment, and Healthcare Operations, but that the Company is not required to agree to these requested restrictions. However, if the Company does agree, then it is bound to comply with the requested restrictions.
17.7. You understand that you may revoke this HIPAA Authorization in writing, at any time; however, any disclosure or use that occurred prior to the date of said revocation is not affected thereby.
