Dr. John Van Wagoner Eczema Specialist

Privacy Policy / Disclosures


Terms of Use & Privacy Policy

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Terms of Use / Site Usage Disclosure   |   Privacy Policy

Terms of Use

This website, located at www.eczemaspecialist.com (“Site,” and, collectively with any affiliated mobile application, the “Site”), is owned and operated by JAVW Holdings, LLC, d/b/Dr. John Van Wagoner, Eczema Specialist(“ES”, “we,” or “us” ). ES specifically includes its agents who utilize this website portal.

This Site facilitates the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”), (ii) development and gathering of healthcare records and health care information with retention of the same for use in Physician and other healthcare provider appointments and communications, (iii) administrative support in connection with scheduling and payment for healthcare provider services, and (iv) telecommunications support for using the Service as a means of direct access to healthcare providers for communication, consultations, assessments, and treatment.

IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL 911

Your access to and use of this Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information or Content contained on this Site. Your access to and use of this Site constitutes your acceptance of an agreement to abide by each of these terms and conditions set forth below. We may change these Terms of Use from time to time without advance notice by posting here or elsewhere on the Site and you will be bound by any such changes if you continue to use this Site after the changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use as in effect upon the date of any such addition. We encourage you to review the Site and these Terms of Use periodically for updates and changes.

THIS SITE ENABLES COMMUNICATION WITH PHYSICIANS AND OTHER HEALTH CARE PROVIDERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER IN THE STATE IN WHICH YOU RESIDE. THE COMMUNICATION BETWEEN YOU AND THE HEALTH CARE PROVIDER ON THIS SITE IS OF A GENERAL NATURE AND DOES NOT ESTABLISH A PATIENT TO DOCTOR RELATIONSHIP IN ANY FORMAL OR INFORMAL MANNER, UNLESS YOU RESIDE IN THE STATE OF TEXAS, UNITED STATES. THE HEALTH CARE PROVIDER ON THIS SITE DOES NOT PROVIDE MEDICAL ADVICE, CARE, DIAGNOSIS OR TREATMENT TO ANY PATIENT THAT DOES NOT RESIDE IN THE STATE OF TEXAS. FOR THOSE PATIENTS THAT RESIDE OUTSIDE THE STATE OF TEXAS, ALL OF THE COMMUNICATION IS MEANT TO BE TAKEN AS A GENERAL RECOMMENDATION THAT SHOULD BE THOROUGHLY AND ENTIRELY DISCUSSED WITH YOUR OWN PRIMARY CARE PROVIDER IN YOUR LOCAL STATE/COUNTRY.

ACCEPTANCE OF USE AND TERMS
This Site is intended for use only by persons who are at least 18 years of age. For individuals who are under age 18, a parent or legal guardian must accept these Terms of Use on his or her behalf. Your use of this website, constitutes acceptance of these Terms and Conditions.

YOUR RELATIONSHIP WITH ES
ES provides a platform for you to communicate in a general nature with our Health Care Provider that is not meant to establish a doctor and patient confidential relationship. You understand that by communicating with our Health Care Provider through the Site, you are not entering into a provider/patient relationship with ES and or the Health Care Provider from this site. You understand that the Health Care Provider from our site may send you messages, reports, and e-mails via the Site regarding the general nature of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

DUTY TO PROVIDE INFORMATION AND ACCESS
If you communicate with the health care provider through the Site, you have a duty to provide appropriate real time audio and/or video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your healthcare provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests.

PRIVACY POLICY
ES understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

PASSWORD ACCOUNTS, PASSWORDS, AND SECURITY
By registering on the Site, users can receive access to the password-protected portions of the Site. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to immediately notify ES of any unauthorized use of your account or any other breach of security of which you become aware involving or relating to the Site by contacting us. In addition, you agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. ES explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of ES or its third- party content providers and is protected by all applicable U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of ES and is protected by U.S. and international copyright laws.  Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of ES or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by ES. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. ES does not warrant or represent that your use of Content or any other materials displayed on the Service will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. ES is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless ES from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Certain trademarks on the Site are the service marks and trademarks of ES or its licensees. The domain name for the Site, the ES logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of ES. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of ES.

Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from ES or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from ES should be submitted via our contact form. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to ES.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
ES respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and ES asks our users to do the same. ES therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:

Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
  • Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ES to locate the material;
  • Information reasonably sufficient to permit ES to contact you, such as your name, address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state- specific privacy laws and regulations), any information you transmit to ES via the Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of ES.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. ES shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ES via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

PROHIBITED USE
Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by ES to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by ES or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not: (a) Upload or transmit any message, information, data, text, software or images, or other content. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ES representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) Violate any applicable local, state, national or international law; (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) Delete or revise any material posted by any other person or entity; k) Manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) Harvest or otherwise collect information about others, including e-mail addresses; or (o) Use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.

ES reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. ES may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, ES reserves the right at all times to disclose any information as ES deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ES’s sole discretion.

RIGHT TO MONITOR
ES reserves the right to monitor the use of this Site at any time as it deems appropriate and to remove any materials that, in ES’s sole discretion, may be illegal, may subject ES to liability, may violate these Terms of Use, or are, in the sole discretion of ES inconsistent with ES’s purpose for this Site.

NO ES EDITORIAL CONTROL OF THIRD PARTY CONTENT; NO STATEMENT AS TO ACCURACY
To the extent that any of the Content included in the Site is provided by third party content providers or other Site users, ES has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third party suppliers or users on this Site are those of such professional, third party suppliers or users, respectively. ES does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with ES.

LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to other sites owned and operated by parties other than ES. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other websites that are not owned, operated or maintained by ES you acknowledge and agree that ES is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. ES is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. ES shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. ES is not responsible for the privacy practices of any other websites.

TERMINATION
ES may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Upon such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ES harmless from any and all liability that ES may incur therefore.

DISCLAIMERS
Content and other information contained on this Site is provided by ES as a convenience to its Users. Users relying on Content or other information from this Site do so at their own risk.

THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. ES MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ES OR ITS AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR INFORMATION GAINED VIA CONTACT WITH THIS WEBSITE OR ITS PORTALS WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ES ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.  NEITHER ES NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless ES its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

NOTICES
Any notices to you from ES regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

ENTIRE AGREEMENT
These Terms of Use and other policies ES may post on this Site or that you and ES may execute constitute the entire agreement between ES and you in connection with your use of the Site and supersedes any prior agreements between ES and you regarding use of the Site, including prior versions of these Terms of Use.

GOVERNING LAW; MEDIATION; LEGAL ACTIONS;VENUE; WAIVER OF JURY TRIAL; SEVERABILITY OF PROVISIONS
The Terms of Use , any use of this website, or communciations via this portal, and any mediation or legal actions arising out of same, are governed by the laws of the State of TEXAS and the United States of America, without regard to any conflicts of law provisions.
Mediation – The Parties agree to submit any claim or dispute between them to non-binding mediation. The Party seeking mediation must submit its demand to the other party in writing, via certified mail, return receipt requested. The Parties shall submit their dispute to a mutually agreeable mediator within sixty (60) days of said notice. Any such mediation shall be held in Collin County, Texas, unless otherwise agreed in writing, and shall be conducted according to the mediation rules of the National Arbitration Forum or the American Arbitration Association. Each Party shall bear its own mediation costs. Prior to and during mediation, the Parties agree not to disparage one another in a public forum, including, but not limited to, the internet, social media sites, the Better Business Bureau, Yelp, Yahoo, Bing, Google, Facebook, or Twitter, by way of example.
If the claim or dispute is not fully resolved by meditation, either Party may file a legal action in the state or federal courts located in Collin, County Texas. The Parties agree that the sole and exclusive venue for the adjudication of any claims or disputes between them is Collin County, Texas and the parties expressly waive their rights to adjudicate any claims or disputes between them in any other forum or venue.
WAIVER OF JURY TRIAL – THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Severability of Provisions: All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. The prevailing party in any claim or dispute, regarding any breach of these Terms of Use, is entitled to attorney’s fees from the breaching party.

ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. ES may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some of all of the business of ES is transferred to another entity by way of merger, sale of its assets or otherwise.

CONTACTING US
If you have any questions or concerns about these Terms of Use, please contact us via form or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Mailing Address:

Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093

These Terms of Use were last updated on May 24, 2017.

Privacy Policy

This Privacy Policy (“Privacy Policy”) is incorporated into our Terms of Use and Terms of Service, as applicable. Therefore, terms used in this Privacy Policy that have been previously defined will have the same meanings as provided in our Terms of Use or Terms of Service, as applicable. As with our Terms of Use and Terms of Service, if we make any changes to our Privacy Policy, we will post the revised Privacy Policy to the Site and update the “Last Revised” date of the Privacy Policy. Your use of our Site or Service following any such change means you accept the revised Privacy Policy.

We are committed to respecting the privacy of users of our Site and Service. We created this Privacy Policy to tell you how Dr. John Van Wagoner, Eczema Specialist, Inc. (“ES”, “we”, or “us”) and Dr. John Van Wagoner, Eczema Specialist  Professionals and affiliates using the ES platform collect, use and disclose information in order to provide you with the Site or Service, as applicable.

By accessing or using the Service, you accept the practices and policies outlined in this Privacy Policy and you hereby consent that we will collect, use and disclose your information as set forth in this Privacy Policy. If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Privacy Policy on such individual’s behalf.

WHAT INFORMATION DO WE COLLECT?
In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. However, you should be aware that sections of the Service (including restricted portions of the Site) allow for the submission of and collection through use of the Service of personally identifiable information, including, but not limited to: (1) your name and contact data (such as your e-mail address, phone number, and billing and physical addresses); (2) your login and password; (3) demographic and health and wellness data (such as your gender, date of birth, wellness background, weight, height, lifestyle information, medication history, and zip code); (4) your communications with a physician or other Health care provider conducted through the Service; and (5) any information you provide when you contact or communicate with us (credit card data). We may also collect information from you necessary to provide you with services you request from physicians and other Health care providers available on the Service, which may include, but is not limited to: (a) payment information; (b) insurance information; and (c) health and medical data (such as previous doctors or other healthcare providers you visited, your reason for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos and other medical and health information you share with us).

To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personally identifiable information that we collect and that the information be current. ES disclaims any legal duty to verify the accuracy of any personally identifiable information that you provide beyond what may be required by law for the particular purpose for which the information is to be used.

In addition to the information we collect directly from you, we may also collect certain information from physicians and other Health care providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, the Health care provider’s diagnoses, treatment plans (including prescription details) and notes. We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

We may automatically collect certain information from your device through which you access our Service. This information includes, but is not limited to, your language preferences, your phone number or other unique device identifier (the International Mobile Equipment Identity or the Mobile Equipment ID number), the IP address of your device, the manufacturer, model and operating system of your device, the name and version of the Service you are using, information regarding your browser and information that allows us to personalize the Service. We or our service providers may also collect information about how you interact with the Site, the Service and any other websites to which the Service or Site links, such as how many times you use a specific part of the Site or Service, the amount of time you spend using the Site or Service, how often you use the Site or Service, actions you take in the Site or Service and how you engage with the Site or Service. For more details about this type of data collection, please refer to the section below on cookies and web beacons.

We will obtain information regarding your location or the location of your device through which you access the Site or Service. Information regarding your location will be obtained directly from you when you provide us with your zip code. Alternatively, the Site or Service may obtain precise information about the location of your device with your express consent. Once you have consented to the collection of the precise location of your device, you may adjust this consent by managing your location services preferences through the settings of your device.

HOW DO WE USE YOUR INFORMATION?
In connection with providing you with the Site or Service, we and our affiliates may use, compile, analyze and save, your information for a number of purposes, including, but not limited to: (a) verifying your identity and administering your account, including processing your payments and fulfilling your orders; (b) communicating with you about our Site, Service or your use of our Site or Service, and sending you communications on behalf of physicians and other Health care providers utilizing the Service to meet your needs; (c) ensuring quality customer service by providing you customer support, responding to your requests or concerns, ensuring that our Site or Service functions properly for you, and tailoring our Site or Service to meet your needs; (d) as applicable, facilitating the provision of healthcare services to you by a physician or other Health care provider, and ensuring the Health care providers the services and support necessary for health care operations; (e) sending you push notifications (notifications may be enabled or disabled through your device or app settings depending on your device type); or (f) detecting, preventing, investigating and responding to fraud, intellectual property infringement, violations of our Terms of Use, Terms of Service, or other misuse of our Site or Service or a Health care provider’s services.

We use information regarding your location or the location of your device through which you access our Site or Service for a number of purposes, including, but not limited to: (a) identifying physicians and other Health care providers who may provide you with healthcare services; (b) providing you with a list of nearby pharmacies that may fulfill any prescriptions provided to you by your physician or other Health care provider; (c) identifying other Health care providers whom you may visit at the recommendation of your physician or other Health care provider; and (d) analyzing the demographics of the individuals who access the Site and use the Service.

HOW DO WE DISCLOSE YOUR INFORMATION?
We may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to: (a) our third- party service providers that provide services such as the hosting of our Site or Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; (b) Health care providers to schedule and fulfill appointments and provide health care services as part of the Service; (c) Health care providers to whom you send messages through our Service; (d) Health care providers for other treatment, payment or healthcare operations purposes upon your request; (e) third parties as we believe necessary or appropriate to comply with applicable laws; and (f) to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock.

ES has a general policy of not disclosing your information to third parties unless you have consented to such sharing. However, we may share the information about you that you provide to us with other companies collecting and using the information you provide to us to better understand the offers, promotions, health and wellness benefits, insurance trends, employer related trends, and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user.

We may also collect and group demographic and preferences information, responses to surveys and other personally identifiable information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors, regulators as part of further product development, including as part of a pre-market submission with the FDA, or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other parties participating in the Service.

When you submit personally identifiable information to us as part of the Service, you may be given an opportunity to opt in to receiving additional information from or on behalf of ES and/or selected third parties. If you opt in, you may be added to our list of Secure Users who will receive additional features, promotional and marketing communications from us, our partners and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by contacting us. If you discontinue your use of the Service for a period of ninety days or more we may require you to re-register or otherwise stop communicating with you electronically.

HOW DO WE STORE INFORMATION?
ES will store archives of information subject to this Privacy Policy from Secure Users for no less than the required legal period, but may retain some or all of the information indefinitely in ES’s sole discretion.

CAN YOU REQUEST A COPY OF INFORMATION SUBJECT TO THIS PRIVACY POLICY?
With respect to all active Secure Users of the Services, upon the detailed and reasonable written request of an active Secure User and the payment of any applicable fees ES may charge to copy and distribute materials, ES shall make copies of information subject to this Privacy Policy and identifying the requesting Secure User maintained by ES to such Secure User within a reasonable time of the request.

USE BY MINORS
If you are under 18 years of age, we must obtain valid and verifiable consent by your parent, or legal guardian to this Privacy Policy and our Terms of Service before you can use the Services or the Site. Such consent will be obtained via reasonable methods, as determined by us in our sole discretion. If we determine that the consent obtained is inadequate, we will notify you and you may not use or access the Service or Site at any time or in any manner. However, if you are a parent, legal guardian or personal representative of a minor child under 18 years of age, you may, in compliance with the Terms of Service use our Service on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information for individuals under the age of 18 for whom we have not obtained adequate consent pursuant to the above. If we learn that we have received any information for an individual under the age of 18 for whom we have not obtained adequate consent pursuant to the above, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers.

JURISDICTIONAL ISSUES
We intend to provide our Service in the United States; accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by the laws of the State of Texas and the United States. We do not represent or warrant that our Service is appropriate or available for use in any particular jurisdiction. If you choose to access or use our Service from jurisdictions other than the State of Texas, including from outside the United States, you do so on your own initiative and at your own risk and acknowledge that the Service may not be available except for individuals within these jurisdictions at the time of the healthcare provider patient encounter. You acknowledge that our Service is subject to laws of the State of Texas and the United States.

THIRD PARTIES
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices, including data privacy and security processes and standards of any third parties, including physicians and other Health care providers using the Service, the manufacturer of your mobile device and other IT hardware and software, and any other third party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. We have no control over the privacy practices of these third parties.

Even though ES may not be a “covered entity” as defined in HIPAA, any physician or other Health care provider engaging through our Service may be a “covered entity” and therefore subject to the provisions of HIPAA from time to time. If you are using the Service, your acceptance of the Terms of Service and this notice incorporates your acceptance and consent to the Dr. John Van Wagoner, Eczema Specialist Professionals Privacy Notice and Consent included on the Site. This notice describes how your physician or other Health care provider uses and discloses your protected health information (“PHI”). ES has agreed that its collection, use and disclosure of your PHI on behalf of your Health care provider will be done consistent with the Dr. John Van Wagoner, Eczema Specialist Professionals Privacy Notice except to the extent you have expressly authorized additional uses and disclosures.

COOKIES AND WEB BEACONS
Please note that we may use “cookies”—a small data file that we transfer to your computer’s hard drive—to collect certain information about you and your use of our Service, such as IP addresses (the Internet access of a computer), domain names, and the type of computer, smart phone device, and operating system being used. We may also use cookies to identify your computer or smartphone device when you revisit our Service to, for example, recall your authentication information or to track statistical information related to navigation throughout the Site, as applicable. We may use both “session” cookies and “persistent” cookies in order to better operate the Service to enhance your experience while using the Service. A session cookie enables certain features of the Service and is deleted from your computer or smartphone device, as applicable, when you disconnect from or leave the Site. If a portion of the Service requires a password, you are giving us explicit permission to use a persistent cookie, which is a small data file that is generated when, as a registered user of the Service, you enter your assigned user ID and password to access the password-protected area of the Service. This file is stored on your computer or smartphone device. You may adjust your browser to refuse to accept cookies, remove cookies or notify you when a cookie is set by editing your web browser preferences or options. (Each browser is different, so check the “Help” menu on your browser to learn how to change your cookie preferences.) You do not have to accept all cookies sent to you by the Service; however, depending on the particular cookie you reject, you may not be able to use some features of the Service or some features may not function properly.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from the Service to a third-party website, that website may have the ability to recognize that you have come from our Service by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our Service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

SECURITY OF INFORMATION AND DISCLOSURES
ES uses industry standard security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by ES, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet or as part of a mobile application.

ES will, to the extent possible, control your personally identifiable information, and, except as otherwise set forth in this Privacy Policy, we will not disclose your personally identifiable information to third parties. Although we are committed to maintaining the confidentiality of your personally identifiable information, if required by law, we reserve the right to disclose such information without first obtaining your consent.

We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your password secure and your account confidential, and you are responsible for any and all use of your account. If you have reason to believe that the security of your account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.

When using our Service, you may choose not to provide us with certain information, but this may limit the features you are able to use. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you service-related communications.

If you reside in Texas and have provided your personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted in writing using the email address in the “Contacting Us” section below.

CONTACTING US
If you have any questions about this Privacy Policy, please contact us using this form or by regular mail at:

Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093

Last Revised: April 26, 2017

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