SAY HI!
Notice of Privacy Practices
This notice provides a comprehensive explanation of the ways in which your medical information may be utilized and disclosed, as well as outlining the steps you can take to access this information. It is imperative that you take the time to thoroughly review this notice.
Effective Date: April 3, 2023
This Notice of Privacy Practices (referred to as "Notice" in this document) became effective on (Date) and will remain in effect until it is replaced by Medlocker. During the time that this Notice is in effect, Medlocker is obligated to comply with its provisions.
Medlocker's Commitment to Your Privacy:
Medlocker is a product of Vida Natura Technologies Inc. We represent an organized healthcare arrangement and function as a clinically integrated care setting, where our members receive healthcare services from multiple healthcare providers. Additionally, we are an organized healthcare system that collaborates in various activities, including quality assessment and improvement initiatives.
Medlocker takes the privacy of your medical information very seriously and is committed to protecting it. In the course of delivering our services, we may receive, create, and disclose your protected health information (PHI). By law, Medlocker is responsible for maintaining the confidentiality and security of your PHI and must provide you with notification regarding our legal obligations and privacy practices related to your PHI. Medlocker is subject to the laws and jurisdiction of the United States and that information collected may be stored, processed, transferred, and accessed from various countries, including those outside of the one in which the user resides. For information regarding our collection, use, and disclosure of personal information that is not PHI, please refer to our privacy policy available at https://medlocker.me/pages.php?privacy-policy and the privacy policies posted on the websites of the affiliates mentioned above.
Your Information. Your Rights. Our Responsibilities:
This Notice aims to provide a comprehensive explanation of the following:
Information We Collect About You:
In order to deliver the Medlocker Services, we collect protected health information (PHI) about you from various sources, including directly from you. PHI refers to information that can be used to identify you (such as your name), and it pertains to:
PHI Collected from You: As you use the Medlocker Services, it will be necessary for you to provide us with information about yourself and your medical history, past treatment, and potential future treatment options.
PHI Collected from Third Parties: We may also collect PHI about you from third-party sources.
PHI Collected Automatically: In some cases, we may automatically collect PHI about you through the use of technology.
Your Communication with Medlocker:
As you engage in communication with us, it is important to note that your telephone calls, emails, and other forms of communication between you and Medlocker and/or Medlocker's service providers may be recorded and logged for purposes of record-keeping and data analysis. This means that we will collect and maintain all information discussed during such communication, including:
Retention of Personal Health Information
Our company follows a strict data retention policy, keeping records only for as long as required for business operations, archival purposes, and/or legal requirements. The retention period of Personal Information is determined based on factors such as the type, amount, and sensitivity of the information; potential risks of harm from unauthorized use or disclosure; and our business needs and legal obligations.
While we take appropriate measures to protect our systems from accidental or malicious loss or destruction, residual copies of Personal Information may be temporarily retained in our backup and archival systems. However, these copies will eventually be automatically deleted or securely disposed of where deletion is not possible. Our goal is to ensure the responsible and secure management of Personal Information in accordance with our data retention policy.
Information Collected from Third Parties:
In connection with the provision of Medlocker Services, we may also collect information about you from third-party sources, such as:
Information Collected through Secure Websites and Mobile Apps:
When you register and log in to our secure websites and mobile apps, Medlocker is able to automatically collect certain information about you in order to provide you with the best possible experience. To ensure that we can link your activity to your identity, we collect the following types of information:
This information is essential for tracking your use of the Medlocker Services and for making any necessary changes to our systems to improve your experience.
When We Use and Share Your Information?
To provide you with the best possible healthcare experience, Medlocker will use and disclose your protected health information (PHI) for the following purposes:
-Treatment Activities: Your PHI will be used within Medlocker for the purpose of providing you with medical services. This may include sharing your PHI with other healthcare providers who may need it to treat you effectively. The goal is to ensure continuity and quality of care.
-Payment Activities: Medlocker will use and disclose your PHI to obtain payment for the medical services you receive. This may involve sending claims to your health insurance company or sharing PHI with other entities covered by HIPAA, such as health plans, for their payment activities.
-Healthcare Operations Purposes: Medlocker will use and disclose your PHI to run its business and improve medical services. This may include using PHI to conduct quality reviews, communicate with you about available services, monitor the qualifications of healthcare providers, and engage in other healthcare operations activities. PHI may also be shared with other entities covered by HIPAA for their business operations if they have or had a relationship with you.
In order to receive payment and facilitate payment activities, we may use and share your Protected Health Information (PHI) with relevant parties such as your health insurer. Additionally, we may use your PHI within our company for various healthcare operations purposes such as improving medical services, providing customer support, conducting quality assessments, and monitoring the qualifications of our providers.
To ensure comprehensive and efficient delivery of the Services, Medlocker may participate in health information exchanges (HIEs). Through these exchanges, Medlocker can share, request, and receive electronic health information from other healthcare organizations for purposes related to treatment, payment, and healthcare operations as previously described. In some instances, Medlocker may engage third parties to assist with payment and healthcare operations. In such cases, only the minimum necessary PHI will be shared with these third parties, and a written agreement will be in place to protect the confidentiality of your PHI. Additionally, Medlocker may communicate with family members and friends involved in your care and payment to enhance the overall quality of care received. We may also create anonymous, aggregated information from your PHI to improve our Services and provide insights into healthcare trends and patterns.
When We Must Share Your Information?
At Medlocker, we are committed to protecting your protected health information (PHI) and ensuring its confidentiality. There are, however, limited circumstances when we may be permitted or required by law to use or disclose your PHI without your authorization. These include:
When We Need Your Authorization to Use or Share Your Information
For all other purposes, Medlocker requires written authorization from you prior to using or disclosing your PHI. This includes:
Medlocker is committed to protecting the confidentiality and security of your PHI and will only use or disclose it as permitted or required by law.
Prior to utilizing or disclosing your protected health information (PHI) for any purpose not outlined in this notice, Medlocker is required to obtain your written authorization through the use of the HIPAA Authorization to Disclose Protected Health Information Form. It is important to note that you have the right to revoke any previously granted authorization at any time.
Cookies and Information Used for Advertising
In accordance with the information outlined above, our Websites may gather and reveal Personal Information regarding your online behavior for the purpose of delivering you customized advertisements for products and services that align with your specific interests. This portion of our Privacy Policy offers in-depth information and instructions on how to make use of your preferences. It is possible that you will come across certain ads on other websites because we are part of advertising networks. These networks allow us to target our audience through demographic, interest-based, and contextual methods. By collecting data through automated means such as cookies, web server logs, and web beacons, these networks keep track of your online actions over time. This information is then utilized to show you advertisements that may be of interest to you specifically. The information that our ad networks may collect can include details about your visits to websites within the relevant advertising networks, such as the pages you view or the actions you take on these websites. This data collection takes place both on our Websites and on third-party websites that are part of the ad networks. Additionally, this process assists us in monitoring the success of our marketing endeavors.
Every web browser has methods to control and remove cookies. To learn more about how to manage cookies, please refer to the links below:
You can turn off or delete browser cookies through the settings in your browser. Although cookies are typically easy to disable or remove, the method differs among browsers. Please note that some sections of our Websites may not function properly if you disable or delete cookies or if you use third-party software that intercepts or deletes cookies.
You can opt-out of third parties collecting your Personal Information for targeted advertising purposes in the United States by visiting the National Advertising Initiative's (NAI) opt-out page and the Digital Advertising Alliance's (DAA) opt-out page.
Your browser settings may also allow you to send a "Do Not Track" signal when you visit various websites. Some of our Websites may not be set up to respond to "Do Not Track" signals received from browsers.
If you have additional questions regarding the specific information we process or retain about you, as well as your options regarding our collection and use practices, please reach out to us using the contact information listed below.
Children’s Privacy
It is important to note that our Websites are not designed for individuals under the age of 16, and we take this matter very seriously. As a result, we do not knowingly collect or sell Personal Information from minors under the age of 16. If you are under 16 years of age, we kindly request that you refrain from using or providing any information on our Websites or through any of its features.
In the event that we become aware that we have collected or received Personal Information from a minor under the age of 16 without obtaining proper verification of parental consent, we will immediately take measures to delete such information from our systems.
If you are the parent or guardian of a minor under the age of 16 and you believe that they may have provided us with their Personal Information, please feel free to contact us using the information provided below. We will work promptly to delete the information and address any concerns you may have. The privacy and safety of minors is of utmost importance to us, and we take our responsibilities in this regard very seriously.
International Users
Our Websites are managed and operated from the United States, and we are not subject to the laws or jurisdiction of any other country except for the United States. When you provide us with Personal Information through the use of our Websites, it may be stored, processed, transferred, and accessed from various countries, including those outside of the one in which you reside. It's possible that these countries may not have the same level of data protection as your own.
However, we are committed to protecting your Personal Information and handling it in accordance with this Privacy Policy, regardless of where it is stored or accessed. Our privacy practices are designed to ensure that your Personal Information is kept secure and treated in accordance with this Privacy Policy.
Notice to California Residents
As a California resident, it is important to note that the California Consumer Privacy Act (CCPA) applies to certain Personal Information that we collect about you. However, it is important to note that the CCPA does not apply to all types of information. For example, information that is lawfully made available from federal, state, or local government records, consumer information that is deidentified or aggregated, protected health information collected by a covered entity or business associate governed by HIPAA, and medical information maintained by a provider of healthcare governed by the Confidentiality of Medical Information Act (CMIA) are not subject to the CCPA.
In accordance with the CCPA, we collect Personal Information as defined by the act, which refers to any information that can be used to identify, relate to, describe, or be linked to a particular consumer or household. This may include, but is not limited to, information such as names, addresses, email addresses, and other contact information. It is important to note that Personal Information does not include information that has been deidentified or aggregated, publicly available information from government records, or information covered by sector-specific privacy laws.
We collect Personal Information both currently and in the preceding 12 months, and take appropriate measures to ensure the privacy and security of this information in accordance with the CCPA and other applicable laws and regulations.
At Medlocker, we take privacy seriously and are committed to collecting and using Personal Information in accordance with the applicable laws. In accordance with this commitment, we have outlined the categories of Personal Information we collect from consumers in the 12 months preceding the date this Privacy Policy was last modified.
We collect the following categories of Personal Information:
We take necessary measures to ensure that the Personal Information we collect is protected and kept confidential. If you have any questions or concerns about our privacy practices, please do not hesitate to contact us.
Medlocker gathers Personal Information from various sources, including:
Directly from you, through your interactions with our Websites. From social media platforms through your use of those platforms. From third-party partners, such as analytics or marketing providers, with whom we may have a relationship automatically, through the use of tracking technologies on our Websites.
This information is collected to improve our services and offerings, and to better understand your needs and preferences. We make every effort to ensure that the Personal Information we collect is accurate, up-to-date, and relevant to our business purposes.
We may use your Personal Information for the following purposes:
Medlocker uses the Personal Information collected about you for the following purposes:
To operate, maintain, supervise, administer, and enhance the Websites, including monitoring and analyzing the effectiveness of content on the Websites, collecting aggregate site usage data, and ensuring user eligibility and assisting with the registration process.
To provide you with a personalized and user-friendly experience while navigating our Websites.
To promote and market our Websites to you.
To complete the specific activity you have requested, such as registering on a Secure Platform, obtaining more information, requesting a demo, or submitting an RFP.
To conduct research on user demographics, interests, and behavior, based on information provided during the use of our Websites.
To anonymize and aggregate information for analytics and reporting purposes.
To respond to law enforcement requests, court orders, and legal process, and to fulfill our legal and contractual obligations and enforce our rights.
To authenticate user activity, detect potential fraudulent activity, and maintain the security and safety of the Websites and its users.
To develop, test, improve, and demonstrate the Websites.
Any other purpose, with your consent.
The Personal Information collected by Medlocker may be disclosed in the 12 months preceding the date this Privacy Policy was last modified for the purposes outlined above.
In the past 12 months, Medlocker has shared certain categories of Personal Information with third parties for various purposes, including business and commercial purposes, compliance with the law, in the context of transactions, and for other reasons. The categories of Personal Information that may have been disclosed include:
If you are a California resident, and in accordance with the CCPA, you have the right to:
If you are a California resident, in accordance with the California Consumer Privacy Act (CCPA), you have the following rights with respect to your Personal Information:
Please note that you may only make a request to know twice within a 12-month period. Instructions for submitting a verifiable request are provided in the Privacy Policy.
Medlocker will not discriminate against you for exercising your rights under the CCPA. This means that Medlocker will not provide different services or charge different prices to you based on your exercise of these rights.
Your Rights Regarding Your Information
As a patient, you possess specific rights in regards to the PHI maintained by Medlocker. In the event that you appoint a medical power of attorney or legal guardian, they have the authority to make decisions and exercise these rights on your behalf.
The Right to Access Your PHI
You have the right to access and receive a copy of your PHI that is maintained by Medlocker. This information can be accessed directly through the Member Portal by simply logging in. In case any information is not available online, you can submit a written request for it using our standard Request to Access PHI Form. Please note that Medlocker may charge a fee for the cost of copying and mailing the requested information. In rare circumstances, Medlocker may deny your request to access your PHI. If this occurs, we will promptly inform you of the reason for the denial in writing.
Right to Request Amendment of PHI
You have the right to request that Medlocker amend your PHI if you believe it to be incorrect. Changes that can be made by you directly can be done so through the Member Portal. However, for any changes that cannot be made online, you must submit a written request to Medlocker using the Request to Amend PHI Form provided here. If your request is denied, you have the right to submit a statement of disagreement to be included in your records.
Right to Request Restrictions on Uses and Disclosures of PHI
You have the right to request restrictions on the use and disclosure of your PHI by Medlocker for treatment, payment, and healthcare operations purposes. Your request must be submitted in writing using the Request for Restrictions Form available here. Please note that Medlocker is not obligated to agree to your request, except in cases where you are requesting that your PHI not be disclosed to your insurance company or health plan. In such situations, you will be required to pay for services out of pocket.
Right to Request Confidential Communications
You have the right to request that Medlocker communicate with you in a confidential manner, such as through a specific phone number or email address, rather than your regular contact information. To make such a request, you must submit it in writing to Medlocker on the standard Request for Confidential Communications Form, which can be found here ( insert link). While Medlocker is not required to agree to every request, we will make every effort to accommodate reasonable requests for confidential communication.
Right to Request an Accounting of Disclosures
You have the right to request an accounting of disclosures made by Medlocker regarding your PHI. To exercise this right, you must submit a written request using the Request for an Accounting of Disclosures Form, which can be obtained from Medlocker. It is important to note that this right does not cover disclosures made for treatment, payment, or healthcare operations purposes, or those made as per your authorization. Additionally, disclosures that fall under certain exemptions are not included in this accounting. Your initial request for an accounting will be provided at no cost.
You have the following rights in regards to your privacy and the protection of your personal health information:
1. You may request a physical copy of this notice from Medlocker at any time, and it will be provided to you in a timely manner.
2. Should you feel that your privacy rights have been violated in any way, you have the option to file a complaint with both Medlocker and the Secretary of Health and Human Services, which can be found at click here.
3. If you would like to obtain further information regarding Medlocker's privacy practices, you may do so by contacting our Privacy Officer.
You may do so in writing, addressed to:
Privacy Officer of Medlocker (Name) , (Address) .
By email: (Privacy officer email add) .
By phone: (Privacy officer company contact number) .
Right to Nondiscrimination
As a California resident, you are protected from discriminatory treatment by Medlocker while exercising your rights under the CCPA. This includes the right to not be:
Medlocker is committed to ensuring that your privacy rights are respected and upheld, and will not engage in discriminatory practices towards California residents who exercise their rights under the CCPA.
How Do We Keep Your PHI Safe?
At Medlocker, the security of your Protected Health Information (PHI) is of utmost importance to us. We understand that your PHI is personal and confidential, and we are committed to ensuring that it remains secure at all times. To this end, we have implemented strict security measures to protect your PHI from unauthorized access, as well as other security threats and hazards that could compromise its confidentiality and integrity. Our security program is in compliance with state and federal laws, including the HIPAA Security Regulations, and is based on industry best practices. Furthermore, we continuously evaluate and validate the effectiveness of our security controls through annual assessments,and audits. These efforts help us to ensure that your PHI is always secure and protected with us. At Medlocker we have implemented a comprehensive security program to protect it. To provide maximum protection for your PHI, we have taken several steps, including but not limited to the following:
1. Encryption: Our databases are encrypted at both the volume layer and within the database columns themselves to ensure that your PHI remains confidential.
2. Access Control: Access to our databases is tightly controlled and restricted to a small group of highly-qualified technical administrators to minimize the risk of unauthorized access.
3. Access Review: To maintain the security of your PHI, we perform quarterly access reviews to ensure that staff roles and permissions are still appropriate.
4. Employee Training: Our employees receive annual training on how to maintain the privacy and security of our members' information.
5. Notification in case of a breach: In the unlikely event that unsecured PHI is disclosed to an unauthorized person, despite our security measures, we will promptly notify you if such a disclosure may have compromised the privacy or security of the PHI./p>
These measures demonstrate our commitment to ensuring the confidentiality and security of your PHI and give you peace of mind that your information is in good hands with us.
Changes To this Notice
At Medlocker, we understand the importance of being transparent and keeping our customers informed. With that in mind, we reserve the right to make changes to the terms of this Notice as deemed necessary, while always ensuring compliance with all relevant laws and regulations. Any modifications to the terms of this Notice will apply to all Protected Health Information (PHI) that we maintain, ensuring the continued protection and security of your information. In the event of any changes to this Notice, we will take steps to ensure that the updated information is readily available to our customers. This includes posting the revised Notice on our website and making it available upon request, so you can stay informed about our privacy practices and the protection of your PHI. Our commitment to maintaining the privacy and security of your PHI is unwavering, and we will always take the necessary steps to ensure its protection.
Important Note Regarding Content of Digital Property
The Content available on our Online Services is intended for informational purposes only and should not be relied upon as a substitute for professional medical advice, diagnosis or treatment. We do not offer medical advice or endorse any particular healthcare services, supplies or treatments. Any decisions regarding your healthcare should be made in consultation with a licensed healthcare provider.
As a user of our Online Services, you have the responsibility of safeguarding your personal credentials, such as your username, email address and password, or any other activation codes provided by us. In the event that your personal credentials are compromised, you agree to immediately take appropriate action by changing your username, password or activation code, and notifying us promptly of any such unauthorized access or use.
Restrictions on Use of Online Services
You are strictly prohibited from engaging in any unauthorized activities on our Online Services or with our Content, as set forth in these Terms. You shall not engage in any of the following activities:
1. Any use of the Online Services or Content in a manner not explicitly authorized by these Terms.
2. Copying, modifying or extracting data or materials from the Online Services without our express permission.
3. Removing or altering any copyright or proprietary notices on the Online Services.
4. Misrepresenting your identity or providing any false information.
5. Interfering with the operation of the Online Services in any way
6. Sharing your password with third parties or using third-party passwords.
7. Engaging in commercial, competitive or viral messaging or sending unsolicited advertisements, including harmful computer code, viruses, or malware.
8. Using the Online Services in any way that could interfere with any other party's use or enjoyment of the Online Services or impair our networks or servers, or expose us or any third party to claims or liability.
9. Using software or other means to access, "scrape," "crawl," or "spider" any web pages or other services. If you are blocked from the Online Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking.
10. Directly or indirectly authorizing anyone else to take actions prohibited in this section.
11. Attempting to reverse engineer any of the software used to provide the Online Services.
You Agree:
To comply with all applicable laws and regulations and represent and warrant that you are at least 13 years of age. If you are between 13 and the age of majority in your state and not emancipated, a parent and/or guardian must agree to these Terms on your behalf.
You Agree:
By using our Online Services, you acknowledge and agree that we reserve the right, at our sole discretion and in accordance with applicable law, to take any necessary measures to enforce these Terms. This includes but is not limited to monitoring your use of the Online Services and investigating any suspected violations of these Terms.
Additionally, when posting messages, comments, or other content on our Online Services, you agree to comply with all applicable laws, rules, and regulations, as well as the terms and conditions set forth in these Terms. You are solely responsible for the accuracy, completeness, and legality of any such content that you post or otherwise make available on the Online Services. You agree that we have the right to remove, edit, or modify any such content that we deem to be inappropriate, offensive, or in violation of these Terms, in our sole discretion and without notice.
You Will Not:
When using our Online Services, you acknowledge and agree that you are strictly prohibited from posting any content that is improper or inappropriate, including but not limited to content that is obscene, libelous, harassing, threatening, harmful, inflammatory, invasive of privacy, or otherwise objectionable. You shall not use our Online Services to post any content that constitutes advertising or solicitation, or that violates applicable law.
Furthermore, you acknowledge and agree that any such prohibited content that you post on our Online Services may be removed, edited, or modified by us in our sole discretion and without notice. We reserve the right to take any necessary measures to enforce these Terms, including but not limited to investigating any suspected violations of these Terms and cooperating with law enforcement authorities in the prosecution of any criminal activity associated with the use of our Online Services.
You Agree:
You acknowledge and agree that any content posted by third parties on our Online Services is solely the opinion of the poster and should not be relied upon for any purpose, and that you are solely responsible for conducting your own research and due diligence. You also acknowledge and agree that any postings or submissions made by you are subject to routing through the Internet and that you have no expectation of privacy with respect to such content.
Furthermore, if you choose to post or submit any content on our Online Services, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, unless we indicate otherwise. You also grant the Company and its sublicensees the right to use your name in connection with such content, if they choose to do so.
By posting or submitting any content, you represent and warrant that you own or otherwise control all of the rights to such content, that the content is accurate and does not violate these Terms or any applicable laws, and that use of such content will not cause injury to any person or entity. You also agree to indemnify the Company and its affiliates for all claims resulting from any content you post or submit.
You acknowledge and agree that our Online Services and all related content, including but not limited to text, graphics, images, logos, button icons, software, and audio clips (collectively, the "Content"), are owned or licensed by the Company or its affiliates, and are protected by applicable copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content without our prior written consent.
Subject to the conditions and limitations specified in these Terms, the Company grants you a limited, non-commercial, non-transferable, non-exclusive, revocable, and personal license to access and use the Content on our Online Services solely for the purpose of obtaining information about our plans, products, and related services. All proprietary rights, title, and interests in and to the Online Services, including the Content, and all intellectual property rights, including copyrights, trademarks, patents, and trade secrets, are retained by the Company and its licensors and vendors. Your license to use the Online Services and the Content does not confer ownership or any other interest in the Online Services or the Content.
The Company reserves the right to terminate your license to use the Content at any time for any reason, without notice, and without any liability to you. If you breach any provision of these Terms, your license to access and use the Content will immediately terminate. Upon termination, you must immediately stop using the Online Services and the Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (DMCA) establishes legal recourse for copyright holders who believe that their rights under US copyright law have been violated by content appearing on the internet. If you are a copyright owner or authorized agent and have a good faith belief that material or content available on our Online Services infringes upon your copyright, you may provide the Company with a notice requesting that the material be removed or access to it be blocked. Any such notices and counter-notices relating to the Online Services must be sent to: (address) (contact information) (Medlocker).
Your notice must include the following details:
(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work that is claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity;
(d) the contact information of the complaining party, including name, address, telephone number, and email address;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been mistakenly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the current statutory requirements as imposed by the DMCA.
Unsolicited Idea Submission Policy
It is the official policy of our company not to accept or consider unsolicited proposals or offers for the sale of intellectual property. We request that you refrain from submitting such ideas or offers to us, our employees or contractors.
This policy is in place to prevent any potential misunderstandings that may arise if our technology, products or services appear similar to a submission made to our company. In the event that you still choose to make a submission to us, you hereby agree to the following terms, irrespective of any statements made in your submission:
We shall not be liable to you for any compensation;
No confidentiality agreement or obligation exists between us and you;
Your submission automatically becomes our property, and we may use or distribute the contents of that submission in any way for any purpose;
We are free to obtain, develop, and market services and products that may be competitive with those you propose or suggest; and
It is your responsibility to safeguard your own intellectual property rights, and you should refrain from making a submission to us if you have any intellectual property concerns.
If you are uncertain about the interpretation of this policy or the legal implications of submitting materials to our company, you should consult your attorney before making a submission.
Links
During your use of our Online Services, you may encounter hyperlinks to third-party websites, mobile websites, platforms, services, and applications ("Weblinks") that may redirect you away from our Online Services. We provide these Weblinks solely for your convenience, and as such, we do not endorse or accept responsibility for the accuracy or accessibility of the content on Weblinks operated by third parties. Any interactions you have with such third-party Weblinks are solely your responsibility, and you should review their respective Terms of Service and privacy policies prior to engaging with them.
We may also use third-party services, such as analytics providers or advertising networks, to collect information about your use of our website. These third-party services may use cookies, web beacons, or other tracking technologies to collect information about your browsing behavior, such as the pages you visit, the links you click, and the searches you conduct. This information may be used to analyze and improve our website's performance or to display targeted ads based on your interests. We recommend that you review the privacy policies of any third-party links or services that you access through our website to understand how your personal information may be collected, used, and shared. We are not responsible for the privacy policies or practices of those third-party links or services.
No Warranty
The provisions of these Terms are not intended to create a warranty or guarantee of any kind. Your use of the Online Services is at your own risk, and we make no representations or warranties regarding the accuracy, completeness, timeliness, correctness, or reliability of any content available through the Online Services. The Online Services are provided to you on an "as is" basis, and we do not guarantee that your use of the Online Services will be uninterrupted, error-free, or free from viruses or other harmful components.
Please note that some states may have laws that prohibit a Terms of Use agreement from containing a "no-warranties" provision. If your state has such a law, then the foregoing paragraph may not apply to you.
Limitation of Liability
You acknowledge and agree that we, and any third-party providers, will not be liable for any loss, damage or injury arising out of or relating to your use of these Online Services, any third-party site or program accessed through the Online Services, any acts or omissions by us or any third party, and/or your access or use of the Online Services. This limitation of liability includes any claim based on warranty, contract, tort, strict liability, or any other legal theory. It is important to note that this limitation of liability does not apply if you are a resident of New Jersey. With respect to residents of New Jersey, we and any third-party providers are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions, and we and any third-party providers are not, in any case, liable for indirect, incidental, special, consequential, or punitive damages. Furthermore, other states may also limit liability, and if your state does not allow this type of limitation, one or more of the limitations above may not apply to you.
It is important to note that not all negative outcomes or errors made by a healthcare provider constitute medical malpractice. Medical malpractice refers to professional negligence by a healthcare provider that leads to injury or harm to a patient. Possible examples of medical malpractice may include misdiagnosis or failure to diagnose a medical condition, surgical errors, medication errors, birth injuries, anesthesia errors, delayed treatment, improper treatment, failure to obtain informed consent, unnecessary surgery, or failure to order appropriate tests or follow-up care. In order for a case to be considered medical malpractice, the healthcare provider's actions must fall below the standard of care and cause harm to the patient.
Indemnification
By agreeing to these Terms, you acknowledge and agree to indemnify, defend, and hold harmless any and all released parties against any third-party claims or actions, including reasonable attorneys' fees, arising out of or in connection with any breach of these Terms, any copyright infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law arising from your use of the Online Services or Content. You are not authorized to assign or transfer any of your rights or obligations under this Agreement. Additionally, you agree to cooperate with us in asserting any available defenses in the event of any litigation.
Export Controls
You are prohibited from engaging in any activity that involves the use, export, re-export, import, sale, transfer, or proxy of our Online Services, unless such activity is permitted under these Terms and not prohibited by any applicable laws and regulations, including those of the United States and the jurisdiction in which you receive our Online Services. Specifically, our Online Services may not be exported, re-exported, or made available in any way to any individuals or entities located in U.S. embargoed countries or listed on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Department of Commerce Denied Person's List or Entity List.
By using our Online Services, you are confirming that you, as well as any beneficiaries of our Online Services, are not located in any of these restricted countries or listed entities. You also agree that you will not use our Online Services for any purposes that are prohibited under U.S. law, including the development, design, manufacture, or production of nuclear missiles, or chemical or biological weapons.
Resolving Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Prior to filing a legal claim in connection with these Terms or the Online Services, an attempt at informal dispute resolution is required. If the dispute is not resolved within 30 days of contact with Medlocker Inc., either party may initiate formal arbitration proceedings, subject to the exceptions described below or any prohibitions imposed by applicable law. The arbitration will be final and binding, and will take place in the state of the claimant's residence. For non-U.S. residents, arbitration will be commenced in Hennepin County, Minnesota or another mutually agreed location. You and Medlocker Inc. agree to submit to the jurisdiction of the state or federal courts in Minnesota to enforce arbitration, stay proceedings until arbitration is complete, or to confirm, modify, vacate or enter judgment on the arbitrator's decision.
If you wish to opt-out of the agreement to arbitrate, you must do so within 30 days of accepting these terms by sending a letter to Medlocker Inc. containing your first and last name, username, mailing address, and a statement indicating that you are opting out of the arbitration provision. Please note that opting out of the arbitration provision does not affect any other part of these terms or your ability to use our online services.
There are exceptions to the agreement to arbitrate. Either party may bring a lawsuit in small claims court in Hennepin County, Minnesota, or any other U.S. county where we have a principal business address, provided that the informal dispute resolution process outlined above was unsuccessful and the claim is eligible to be filed. Additionally, either party may seek injunctive relief to stop unauthorized use or abuse of the online services or intellectual property infringement, such as trademark, trade secret, copyright, or patent rights, without first engaging in arbitration or the informal resolution process described above.
The agreement to arbitrate does not apply to disputes concerning the existence or extent of your health benefits or coverage, or to claims that may not be arbitrated as a matter of law. However, arbitration does apply to all other claims relating to these terms or the online services, including but not limited to the interpretation, formation, performance, or breach of the terms, whether any part of the terms is void or voidable, whether a claim is subject to arbitration, and whether arbitration has been waived due to litigation conduct.
Arbitration Procedures. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), with a single arbitrator overseeing the proceedings, unless the parties agree otherwise. The AAA Consumer Arbitration Rules may be obtained by calling the AAA at 1-800-778-7879, TTY 711, or by visiting their website at www.adr.org/Rules.
Arbitration and Attorney's Fees. The payment of all filing, administration, and arbitrator costs and expenses will be subject to the Consumer Arbitration Rules of the AAA, unless otherwise agreed by the parties. If you are initiating an arbitration against us and seeking relief valued at $10,000 or less, we will advance all filing, administrative, and arbitration costs and expenses imposed by the AAA (with reimbursement subject to the arbitrator's finding of frivolousness). All other additional costs you may incur, including attorney's fees and expert witness fees, are your responsibility unless otherwise required by applicable law. The arbitrator's written and binding decision is conclusive and enforceable by any competent court of jurisdiction. The arbitrator may allow dispositive motions, including motions to dismiss and for summary judgment, and award the same relief as a court, including injunctive or other equitable relief, as well as attorney's fees. Neither you nor we shall seek attorneys' fees and expert witness costs, except in cases where the arbitrator deems a claim or defense to be frivolous or brought for an improper purpose. In some cases, applicable law may allow the arbitrator to award attorneys' fees and costs to the prevailing party.
Unless otherwise agreed to by the parties in writing, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial or to participate in a class action against the other. In addition, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any relief awarded to you cannot affect other users.
PLEASE BE ADVISED THAT BY AGREEING TO THE FOLLOWING ARBITRATION AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO PURSUE A LAWSUIT IN A COURT OF LAW, INCLUDING YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU UNDERSTAND THAT BY CONSENTING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST OUR COMPANY AND OUR RELATED ENTITIES ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY ALLEGED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THE ARBITRATION TERMS, YOU MAY OPT OUT OF THE ARBITRATION PROVISIONS AS SET FORTH IN THE TERMS. OTHERWISE, YOUR USE OF THE ONLINE SERVICES WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE PROVISIONS AND AUTHORIZATION TO PARTICIPATE IN ARBITRATION.
If any court or arbitrator determines that this "No Class Actions" section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes. Changes to this Section
We will provide 30 days' notice of any changes to this section. Amendments will become effective thirty days after we provide such notice. If a court or arbitrator decides that this subsection on "Changes to this Section" is not enforceable or valid, then this subsection will be severed from the section entitled "Resolving Disputes" and the court or arbitrator will apply the first "Resolving Disputes" section in existence after you began using the Online Services.
Survival
The provisions outlined in the "Resolving Disputes" section will remain in full effect despite the termination of your account, enrollment in any program, eligibility for coverage, or use of the Online Services.
Governing Law and Statute of Limitations
These Terms shall be governed by Delaware law, and you agree that any claim or dispute against us shall also be subject to the jurisdiction and venue of the state and federal courts located in Delaware, including those courts that have territorial jurisdiction over the parties. However, if you are a resident of New Jersey, you must bring any cause of action within one year of its occurrence, or else you will be precluded from pursuing such claim. Please note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Termination
We reserve the right to terminate or suspend your access to the Online Services and/or registration at any time without notice and without liability to you or any other party. We may take this action for any reason permitted by law or if we believe, in our sole discretion, that your use of the Online Services violates these Terms or applicable law, or poses a risk to our systems or other users. You agree that we shall not be liable to you or any third party for any termination or suspension of your access to the Online Services.
Severability
In the event that a court of competent jurisdiction deems any provision of these Terms unenforceable or invalid, the remaining provisions shall be construed without reference to the unenforceable or invalid provision. The remaining provisions of these Terms shall remain in full force and effect, without prejudice to their validity or enforceability.
Miscellaneous
The present Terms, as well as any additional terms, policies, rules, and guidelines displayed on the Online Services, collectively establish the complete agreement between you and us pertaining to the Online Services, replacing all preceding written or oral agreements. You acknowledge and agree that we reserve the right to obtain, at your cost, an injunction to halt or prevent any violation of your obligations under these Terms. No waiver by us of any right or remedy shall be effective unless it is explicitly stated in writing and signed by us, and no such waiver shall be construed as a waiver of any subsequent breach or default.
Survival and Assignment
The following sections specify your enduring obligations notwithstanding the termination of this Agreement: Agreement and Terms, Important Note Regarding Content, User IDs, License to Use the Online Services and Content Ownership, Restrictions on Use of Online Services, Posting Messages, Comments or Content, Copyright Infringement - DMCA Notice, Unsolicited Idea Submission Policy, NO WARRANTY, LIMITATION OF LIABILITY, Export Controls, Governing Law and Statute of Limitations, Severability, Miscellaneous, and Additional Product Information. You are not authorized to assign or transfer any of your rights or obligations arising under this Agreement. However, the Company may assign or transfer its rights and obligations under this Agreement to a third party without your consent.
Additional Product Information
Learn more about any of the products or services listed below:
Medlocker
The Content available on our Online Services may include details regarding therapeutic and generic alternatives for specific prescription drugs and may delineate uses for products or therapies that have not yet received approval from the Food and Drug Administration (FDA). None of the Content provided through our Online Services makes any express or implied representation or warranty as to the safety, appropriateness, or effectiveness of any particular drug or treatment for an individual or as to the suitability of any particular health care provider. The field of health care is dynamic and constantly evolving, therefore, it is recommended that you consult with your health care professionals to determine which drugs or treatments may be appropriate for you based on your unique health status and medical history.
Termination: Your right to utilize the Medlocker HealthSafe ID Service shall be terminated, immediately and without prior notice from us, in the event of your noncompliance with any provision of these Terms, or if the circumstances described under the "Severability" subsection occur. We retain the right to terminate your use of the Medlocker HealthSafe ID Service at our discretion, for any reason or no reason at all, by providing written notice of our intent to terminate 30 days in advance. Upon termination, you are obligated to discontinue all usage of the Medlocker Inc. We shall bear no responsibility for providing compensation, indemnity, or damages of any kind arising from the termination of your use of the Medlocker Inc., and such termination shall not prejudice any other right or remedy that we may have, either now or in the future.
Cost Estimate Tools (Find Care & Costs) (Pharmacy Tool)
The Online Services provide cost estimates for health care services. However, it is important to note that these cost estimates are only estimates and are not a guarantee of the actual cost or payment/benefits from your health plan. These estimates are based on contract rates, fee schedules, and/or claims averages, as well as average geographic cost estimates for Network providers within your specific geographic market.
There are various reasons why your actual costs may differ from the estimate. For example, the application of copays, deductibles, and coinsurance amounts can impact your final cost. Additionally, your unique medical circumstances and decisions made by you and your health care professionals can also impact the final cost. If the services you receive are different from the services in the cost estimate, this can also lead to higher or lower costs. Similarly, the location where you receive services can also impact the final cost, as services provided in a hospital may cost more than services provided in a healthcare provider's office or outpatient facility.
Other factors that can impact the final cost include changes in your plan or entering a new plan year between the time you receive the estimate and when you actually receive health care services. Your benefit plan information, such as outstanding deductible or whether you have satisfied your out-of-pocket maximum, may also impact the final cost. If your cost estimate is specific to a particular health care facility or professional, changes in the provider fee schedule or coverage can also impact the final cost. Finally, health care services that are provided but are not part of the procedures you searched for can also impact the final cost.
It is important to note that no information provided through the Cost Estimate Tools guarantees plan eligibility, coverage, or payment, or determines or guarantees the benefits, limitations or exclusions of your coverage under your health plan. You should refer to your coverage documents and contact your health plan for details concerning your coverage, and you should contact your provider to confirm whether they are in the network. State variations in your health plan may impact the estimates available through the Online Services. Additionally, we do not guarantee that the information you see in the Cost Estimate Tools will be accurate, complete, or up to date. Therefore, it is always recommended to confirm the final cost with your health care provider and your health plan.
We want to emphasize that the Cost Estimate Tool available through our Online Services is designed to provide you with a rough estimate of the costs associated with certain medical services. It is important to note that the estimates provided are not a guarantee of the actual cost you will incur, nor do they represent any promise of payment or benefits from your health plan. Additionally, we are not responsible for the cost of services not covered by your plan, so it is important to check with your provider and health plan to determine coverage.
The cost estimates provided by the tool are based on a variety of factors, including contract rates, fee schedules, and claims averages. These estimates are intended to be used as a general guide and are not a substitute for professional medical advice. Your actual costs may vary for a number of reasons, including the application of copays, deductibles, and coinsurance amounts, as well as your unique medical circumstances and the decisions made by you and your healthcare professionals.
It is also important to note that the location where you receive medical services can impact your costs. For example, if your estimate is based on services received in a healthcare provider's office or outpatient facility, but you actually receive services in a hospital, your costs may be higher than the estimate. Additionally, changes in your plan or benefit year may impact your costs, as well as any benefit plan information such as outstanding deductibles or out-of-pocket maximums.
While we strive to provide accurate and up-to-date information, we cannot guarantee that the information provided through the Cost Estimate Tool will be completely accurate or up-to-date. Furthermore, we do not guarantee that the information provided through the tool will be specific to your unique plan design, as state variations in your health plan may impact the estimates available through the Online Services.
It is also important to note that the use of the Cost Estimate Tool will not affect the benefits under your health plan in any way. The information provided is purely an estimate, and your coverage documents will control in the event of any inconsistency with the Cost Estimate Tool. Finally, if a care path includes anesthesia services, your cost estimate reflects costs based on the use of a network anesthesia provider, and your actual costs may differ if you receive anesthesia services from an out-of-network provider.
The cost estimate tool provided in the Online Services may not fully support all plan designs or care options currently available to consumers. While the tool is designed to provide cost estimates based on a variety of factors, it may not be able to accurately reflect the details of certain unique plan designs. As a result, consumers should be aware that the cost estimates provided by the tool may not be a reliable predictor of their actual costs for medical services
Several unique plan designs and care options are not currently fully supported by the cost estimate tool. These include plans with custom networks, additional network benefit plans, Indemnity plans, Executive Medical plans, Supplemental Medical plans, Catalyst/First Dollar plans, and plans that require referrals from a primary care physician for specialty care coverage. In addition, cost estimates may not apply for plans that have an Annual Coverage Maximum, plans that do not cover all preventive services, plans with different maximum benefit levels, copayments, or deductibles for specific services, plans that collect copayments after the out-of-pocket maximum has been met, and plans that collect coinsurance before the deductible is met.
Consumers who have these types of plan designs or care options are advised to contact their provider directly or call the number on their health plan ID card for specific cost estimates. While the cost estimate tool can provide some guidance, it is not a substitute for speaking directly with a provider or health plan representative.
Furthermore, consumers who access or use any mobile application in connection with the Online Services should be aware of additional terms that apply. These terms govern the use of the application and any associated information or software, and are considered "Additional Terms" as defined by the Online Services. The application may be accessed through various devices, such as tablets or mobile phones, and may provide additional features or functionality beyond what is available through the Online Services website. Consumers should review and understand these additional terms before accessing or using any mobile application in connection with the Online Services.
As a user of our Applications, you are granted a limited, non-exclusive, revocable, and non-transferable license to download, install and use the software solely for your personal, non-commercial use on a mobile or tablet device that you own or control. However, this license is subject to certain additional restrictions and notices, as outlined below.
The license granted to you is limited and non-exclusive, which means that we retain all ownership rights in the Applications, and no other rights are granted to you. The license is revocable, which means we have the right to revoke it at any time without notice to you. Additionally, the license is non-transferable, meaning you cannot transfer or assign it to anyone else.
You are not permitted to remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications. This includes, but is not limited to, attempting to modify, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the software.
We may issue an upgraded version of the mobile application at any time and may automatically upgrade the mobile application that you are using. By using our Applications, you agree to such automatic upgrading and acknowledge that these Terms shall govern all such upgrades. Any upgraded version of the Applications may contain additional features, bug fixes, and other enhancements.
Our Applications may include third-party code and other software, which is governed by the applicable open source or third-party end-user license agreement, if any, that authorizes the use of such code. You are responsible for complying with any such agreements.
In summary, the license granted to you for the use of our Applications is limited and non-exclusive, and we retain all ownership rights. You are not permitted to modify or attempt to derive the source code of the software, and you are responsible for complying with any third-party agreements that apply to the software.
As a user of our mobile applications, you agree to comply with all applicable terms, conditions, and agreements between you and any third-party providers of products or services that facilitate or enable your use of our Applications. This includes any terms and conditions related to the data plan charges or other fees that may be incurred as a result of your use of these third-party services. You acknowledge and agree that you will be solely responsible for any such charges.
Termination of Your Rights: Your rights to use our Applications may be terminated for any reason at any time, and upon such termination, you are required to immediately uninstall or delete the Applications and cease any further use of them. Any termination of your rights hereunder may result from your breach of these Terms or any other agreement between you and us or any of our affiliates.
Special Notice for International Use and Export Controls:
You acknowledge and agree that any technology or software underlying our Online Services, including any mobile applications, that is made available to you in connection with the provision of the Online Services and the transmission of applicable data (collectively, the "Software") may be subject to United States export controls. You agree not to download or use the Software in violation of U.S. export laws.
As a user of our Applications, you recognize the global nature of the Internet and agree to comply with all local rules and laws regarding your use of the Online Services. This includes online conduct and acceptable content. You acknowledge and agree that you are solely responsible for complying with all applicable laws and regulations in connection with your use of our Applications and Online Services.
In summary, as a user of our mobile applications, you agree to comply with any third-party terms and conditions related to your use of their products or services. You also acknowledge and agree that your use of our Applications may result in charges from these third parties, and you will be solely responsible for any such charges. Your rights to use our Applications may be terminated at any time, and you agree to immediately uninstall or delete the Applications upon termination. Additionally, you agree to comply with all applicable export controls and laws related to your use of our Applications and Online Services.
If you are using an Online Service that includes a mobile application which runs on Apple's iOS operating system, it is important to understand the terms and conditions related to the iOS App. By accessing and using the iOS App, you are acknowledging and agreeing to the following:
In addition, when using the iOS App, you must represent and warrant that you are not located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country. Additionally, you must not be listed on any United States Government list of prohibited or restricted parties. If the iOS App does not conform to any warranty, you may notify Apple, and they will refund the purchase price of the iOS App (if any). However, subject to the maximum extent permitted by law, Apple will not be liable to you for any claims, losses, costs, or expenses in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on its content.
If the Online Service you are using includes a mobile application that you download, access, and/or use from the Google Play Store, known as Google-Sourced Software, it is important to note the following terms and conditions:
By accepting these Terms, you are agreeing to comply with all applicable third-party agreements related to your use of the Online Service, including any charges resulting from the products and services provided by those third parties. If your rights under these Terms are terminated for any reason, you must immediately uninstall or delete the Applications and cease any further use of them.
Lastly, the Software underlying the Online Services may be subject to United States export controls, and no Software may be downloaded or exported in violation of U.S. export laws. You agree to comply with all local rules and laws regarding your use of the Online Services, including online conduct and acceptable content.
Contact Us
If you have questions regarding these Terms, please write to us at the address below:
Medlocker
Effective Date
April 3, 2023
Online Services Privacy Policy
We recognize that the privacy of your information is important. This Online Services Privacy Policy ("Privacy Policy" or "Policy") describes our practices in connection with information we collect through online and mobile websites, platforms, services and applications that we own or operate and that contain a link to this Privacy Policy (collectively, "Online Services").
As used in this Policy, terms such as "we," "us," "our," and "Company" refer to current and future affiliated entities of Medlocker Inc. Our Online Services operate on computer servers in the United States; therefore, any Information you provide will be transferred to and processed by a computer server located within the United States.
By using the Online Services, you consent to our collection, use, disclosure, and storage of information as described in this Privacy Policy.
When this Privacy Policy Applies
Our Policy applies to Online Services that we own or operate and that contain a link to this Privacy Policy. Our Policy does not apply to information collected through other means such as by telephone, via mobile application that do not link to this Privacy Policy, or in person, although that information may be protected by other privacy policies.
Our Policy does not apply to the practices of other companies or other websites or software applications that may be linked from or made available through our Online Services. Some online services offered by us may be governed by a separate privacy policy.
The inclusion of a link on our Online Services or the ability to utilize a third-party website or software application through our Online Services does not imply that we endorse, or otherwise monitor the privacy or security practices of that third-party website or software application or the accuracy of its content and your use of the third-party website or software application is governed by the third-party’s privacy policy.
Some of our products and services may have specific privacy practices (“Product Privacy Notices") such as a HIPAA Notice of Privacy Practices or other specific privacy practices that we want you to be aware of. This information can be found in the Specific Product Privacy Practices section of this Privacy Policy. When a Product Privacy Notice exists, the content of the Product Privacy Notice applies to your use of the product and service.
This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
What Information We Collect
We may collect two basic types of information (collectively, “Information”) through the Online Services: (1) information you provide directly to us, and (2) information that is automatically provided to us or collected through your use of our Online Services.
Such Information may include information that identifies you such as your full name, telephone number, email address, postal address, certain account numbers, your User ID that you create or is assigned to you, health and medical information, including Protected Health Information, financial information and other information described in this Privacy Policy.
When you use the Online Services, you may provide certain Information directly to us. For example, you may input a telephone number or email address into a webform or enter information into a chat functionality. We also may make certain information available to you on the Online Services that we collect from other sources. For example, we may pre-populate certain demographic information in an online form or make health or medical information viewable on the Online Services that you have provided to us on paper forms or maintained in other information systems.
We also may obtain Information that is automatically collected through the Online Services. The automatically collected Information may include demographic, de-identified, aggregated, or certain information from your device such as technical information about your device, web browser information, and server log files collected by us or provided by you. See Cookies and Tracking for more information on automatically collected information.
You may limit the Information you provide or make available to us if you want to; however, that may limit your ability to access or use certain functions of the Online Services or to request certain services or information.
Mobile Applications
In addition to the Information identified above, our mobile applications may also collect the following Information:
Information that Identifies You
Health, medical, or therapy information
Information provided by Medlocker Inc.
Location data such as GPS, Wi-Fi, or carrier network location (see below for more details)
User files stored on your device, e.g., calendar, photos, and video
What You Do on Your Device
Camera use
Local storage
Phone dialer
Use of screen, e.g., what points are touched, frequency, etc.
Patterns of app usage
Device or System Data
Mobile Device Identifier, e.g., UDID, Android ID
Technical information about your device and system and application software, e.g., type of phone, Operating System (OS), and IP address
We may obtain location data from your device to provide location-related services (e.g., driving directions or distance calculation, via the mobile application). You may withdraw consent to use precise, real-time, or network location data at any time by turning off the location-based feature on your mobile device or by not using any location-based features. If you withdraw your consent, functionality associated with precise, real-time, or network location (e.g., navigation) will no longer work.
How We Use Your Information
We may use your Information:
1. To respond to an email, chat or other instant message or particular request from you.
2. To communicate with you.
3. To provide you with content, services, and functionality through our Online Services or other services that we may offer.
4. To process an application for a product or service as requested by you.
5. To authenticate you on any portion of our Online Services and with vendors acting on our behalf.
6. To administer surveys and promotions.
7. To personalize your experience on our Online Services.
8. To provide you with informational or promotional offers, as permitted by law, that we believe may be useful to you, such as information about products or services provided by us or other businesses.
9. To perform analytics and to improve our products, general services, Online Services, and advertising.
10. To facilitate the provision of software updates and product support.
11. To improve products and other services related to the Online Services or to provide services or technologies to you.
12. To comply with applicable laws, regulations, and legal processes.
13. To protect someone's health, safety, or welfare.
14. To protect our rights, the rights of affiliates or related third parties, or take appropriate legal action, such as to enforce our Terms of Use.
15. To keep a record of our transactions and communications.
As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law or for any other purpose with your consent. We may use Information to contact you through any contact information you provide through our Online Services including any email address, telephone number, cell phone number, or fax number. We may communicate, electronically or via telephone with you about existing benefits, programs, products, services, or tools and/or general health information. We may communicate protected health information with you via unencrypted methods. You acknowledge and accept that communications may be sent unencrypted and there is some risk of disclosure or interception of the contents of these communications.
We may, when permitted, combine your Information with other information, whether online or offline, maintained or available to us from you or from other sources, such as from our vendors, and we may use and disclose combined data for the purpose described in this Section or for internal business purposes. We may, when permitted, use and disclose de-identified and aggregated data for any purpose, which may include, without limitation, disclosures to third parties for analytics purposes such as evaluating the Online Services and providing additional benefits, programs, and services.
How We Share Your Information
We will only share your Information with third parties as outlined in this Policy and as otherwise permitted by law or as permitted with your consent.
We may share Information if all or part of the Company is sold, merged, dissolved, acquired, or disbanded to any extent, or in connection with steps that may need to be taken in anticipation of such events.
We may share Information in response to a court order, subpoena, search warrant, or to comply with law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our rules, or may be harmful to other visitors.
We may also share Information within the Company, including among affiliates, or with our parent company, or subsidiaries.
We may also share Information with other third-party companies that we have a business relationship with or hire to perform services on our behalf. For example, we may hire a company to help us send and manage email, and we might provide that company with your email address and certain other information in order for them to send you an email message on our behalf. Similarly, we may hire companies to host or operate some of our Online Services and related computers and software applications.
Posting Messages, Comments and Content
Our Online Services may have voluntary collaboration areas, including but not limited to "blogs," "bulletin boards," "leader boards," and "health games" that permit users to have collaborative discussions and/or share Information. Some of our Online Services may permit you to select a display name or image that will be a "nickname" on the Online Service. Please note, any information you submit or post to these collaboration areas, including your display name or image, may be visible by other users of the Online Service, and such users may be able to identify you and make information public. Out of respect for privacy of others, please avoid referring to the full names of others in your response and refrain from sharing other participants’ identities or comments outside of these discussions.
Also see our Social Media Disclaimer to learn about our practices related to posting on our social media accounts.
How to Manage Your Information
Our Online Services may permit you to view your profile, if applicable, and access related Information about you and to request changes to such Information. Please remember, however, if we have already disclosed some of this Information to third parties, we may not have access to that disclosed information and may not be able to force the modification of any Information by the third parties to whom we have made those disclosures.
Communication Preference Management
Our Online Services may permit you to select how you would like to receive certain communications. You may view and update your communication preferences in your Account/Profile settings.
We may offer mobile applications that enable us to communicate with you through push notifications. Where mobile applications are offered, you may be able to manage push notifications in your mobile phone or tablet settings. You may also be able to control preview settings in your email applications.
If you need additional assistance in opting-out of a communication, please Contact Us for assistance. Please be aware that opt-outs may not apply to certain types of communications, such as account status, Online Service updates, or other communications.
Cookies and Tracking
The Company may use various technologies, including cookies, tokens, tags, web logs, web beacons, scripts, and web server logs to gather automatically collected information and may aggregate this information from our Online Services visitors or to enable certain features of our Online Services. This information may include demographic data, technical information about the technology (e.g., phone, computer) used to connect to the Online Services, web browser information, your IP address, and browsing behavior such as pages visited and how often they are visited ("Activity Information"). We may also use third-party analytics companies to provide these services.
We may also allow third-party service providers to use cookies and other technologies to collect information and to track browsing activity over time and across third-party websites such as web browsers used to read our websites, which websites are referring traffic or linking to our websites, and to deliver targeted advertisements to you. We do not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see youradchoices.com/control, and to opt-out of such ad networks’ and services’ advertising practices, go to optout.aboutads.info/ and optout.networkadvertising.org/. Once you click the link, you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies. Please note that to the extent advertising technology is integrated into the Online Services, you may still receive advertisements even if you opt-out of tailored advertising. In that case, the ads will just not be tailored. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.