TERMS OF SERVICE
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
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 ALABAMA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, FLORIDA, GEORGIA, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, MAINE, MARYLAND, MICHIGAN, MINNESOTA, MISSOURI, NEBRASKA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, RHODE ISLAND, TEXAS, UTAH, VIRGINIA, WASHINGTON, W. VIRGINIA or WISCONSIN, UNITED STATES. The health care provider on this site DOES NOT AND CAN NOT provide medical advice, care, diagnosis or treatment to any visitor to our web-site that does not live/reside in any of the above-named states. For those visitors to our web-site that do not live in the above-named states, any response/communication from our providers should be construed as ONLY general recommendations that should be thoroughly and entirely discussed with your own primary care provider in your local state/country.
ACCEPTANCE OF USE AND TERMS
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.
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
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
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.
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 iframing, 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.
RIGHT TO MONITOR
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
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.
GOVERNING LAW; MEDIATION; LEGAL ACTIONS;VENUE; WAIVER OF JURY TRIAL; SEVERABILITY OF 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.
NO AGENCY RELATIONSHIP
Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093
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?
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?
USE BY MINORS
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.
NOTICE REGARDING PRIVACY OF PERSONAL HEALTH INFORMATION
For Dr. John Van Wagoner, Eczema Specialist
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT
Federal regulations developed under the Health Insurance Portability and Accountability Act (HIPAA) requires that the practice provide you with this Notice Regarding Privacy of Personal Health Information. The Notice describes (1) how the practice may use and disclose your protected health information, (2) your rights to access and
control your protected health information in certain circumstances, and (3) the practices’ duties and contact information.
I. Protected Health Information
“Protected health information” is health information created or received by your health care provider that contains information that may be used to identify you, such as demographic data. It includes written or oral health information that relates to your past, present or future physical or mental health; the provision of health care to you; and your past, present, or future payment for health care.
II. The Use and Disclosure of Protected Health Information in Treatment, Payment, and Health Care Operations
Your protected health information may be used and disclosed by the practice in the course of providing treatment, obtaining payment for treatment, and conducting health care operations. Any disclosures may be made in writing, electronically, by facsimile, or orally. The practice may also use or disclose your protected health information in other circumstances if you authorize the use or disclosure, or if state law or the HIPAA privacy regulations authorize the us or disclosure.
Treatment. The practice may use and disclose your protected health information in the course of providing or managing your health care as well as any related services. For the purpose of treatment, the practice may coordinate your health care with a third party. For example, the practice may disclose your protected health information to a
pharmacy to fulfill a prescription for asthma medication, to an X-ray facility to order an X-ray, or to another physician who is administering your allergy shots which we prepared. In addition, the practice may disclose protected health information to other physicians or health care providers for treatment activities of those other providers.
Payment. When needed, the practice will use or disclose your protected health information to obtain payment for its services. Such uses or disclosures may include disclosures to your health insurer to get approval for a recommended treatment or to determine whether you are eligible for benefits or whether a particular service is covered under your health plan. When obtaining payment for your health care, the practice may also disclose your protected health information to your insurance company to demonstrate the medical necessity of the care or for utilization review when required to do so by your insurance company. Finally, the practice may also disclose your protected health information to another provider where that provider is involved in your care and requires the information to obtain payment.
Operations. The practice may use or disclose your protected health information when needed for the practice’s health care operations for the purposes of management or administration of the practice and of offering quality health care services. Health care operations may include: (1) quality evaluations and improvement activities; (2) employee review activities and training programs; (3) accreditation, certification, licensing, or credentialing activities; (4) reviews and audits such as compliance reviews, medical reviews, legal services, and maintaining compliance programs; and (5) business management and general administrative activities. For instance, the practice may use, as needed, protected health information of patients to review their treatment course when making quality assessments regarding allergy care or treatment. In addition, the practice may disclose your protected health information to another provider or health plan for their health care operations.
Other Uses and Disclosures. As part of treatment, payment, and healthcare operations, the practice may also use or disclose your protected health information to: (1) remind you of an appointment; (2) inform you of potential treatment alternatives or options; or (3) inform you of health-related benefits or services that may be of interest to you.
III. Additional Uses and Disclosures Permitted Without Authorization or An Opportunity to Object
In addition to treatment, payment, and health care operations, the practice may use or disclose your protected health information without your permission or authorization in certain circumstances, including:
When Legally Required.
The practice will comply with any Federal, state or local law that requires it to disclose your protected health information.
When There are Risks to Public Health.
The practice may disclose your protected health information for public health purposes, including to, as permitted or required by law:
1. Prevent, control, or report disease, injury, or disability;
2. Report vital events such as birth or death;
3. Conduct public health surveillance, investigations, and interventions;
4. Collect or report adverse events and product defects, track FDA regulated products, enable product recalls, repairs, or replacements, and conduct post marketing surveillance;
5. Notify a person who has been exposed to a communicable disease or who may be at risk of contracting or spreading a disease; and
6. Report to an employer information about an individual who is a member of the workforce.
To Report Abuse, Neglect Or Domestic Violence.
As required or authorized by law or with the patient’s agreement, the practice may inform government authorities if it is believed that a patient is the victim of abuse, neglect or domestic violence.
To Conduct Health Oversight Activities.
The practice may disclose your protected health information to a health oversight agency for use in (1) audits; (2) civil, administrative, or criminal investigations, proceedings or actions; (3) inspections; (4) licensure or disciplinary actions; or (5) other necessary oversight activities as permitted by law. However, if you are the subject of an investigation, the practice will not disclose protected health information that is not directly related to your receipt of health care or public
For Judicial and Administrative Proceedings.
The practice may disclose your protected health information for any judicial or administrative proceeding if the disclosure is expressly authorized by an order of a court or administrative tribunal as expressly authorized by such order or a signed authorization is provided.
For Law Enforcement Purposes.
The practice may disclose your protected health information to a law enforcement official for law enforcement purposes when:
(1) Required by law to report of certain types of physical injuries;
(2) Required by court order, court-ordered warrant, subpoena, summons or similar process;
(3) Needed to identify or locate a suspect, fugitive, material witness or missing person;
(4) Needed to report a crime in an emergency situation.
To Coroners, Funeral Directors, and for Organ Donation.
The practice may disclose protected health information to a coroner or medical examiner for the purpose of (1) identification, (2) determination of cause of death, or (3) performance of the coroner or medical examiner’s other duties as authorized by law. In addition, as permitted by law, the practice may disclose protected health information, including when death is reasonably anticipated, to a funeral director to enable the funeral director to carry out his or her duties. Protected
health information may also be used and disclosed for the purpose of cadaveric organ, eye or tissue donation.
For Research Purposes.
The practice may use or disclose your protected health information for research if such use or disclosure has been approved by an institutional review board or privacy board that has examined the research proposal and the research protocols which maintain the privacy of your protected health information.
To Prevent or Diminish A Serious and Imminent Threat To Health or Safety.
If in good faith the practice believes that use or disclosure of your protected health information is necessary to prevent or diminish a serious and imminent threat to your health or safety or to the health and safety of the public, the practice may use or disclose your protected health information as permitted under law and consistent with ethical standards of conduct.
For Specified Government Functions.
As authorized by the HIPAA privacy regulations, the practice may use or disclose your protected health information to facilitate specified government functions relating to military and veterans activities, national security and intelligence activities, protective services for the President and others, medical suitability determinations, correctional institutions, and law enforcement custodial situations.
For Worker’s Compensation.
The practice may disclose your protected health information to comply with worker’s compensation laws or similar programs.
IV. Uses and Disclosures Permitted With an Opportunity to Object
Subject to your objection, the practice may disclose your protected health information (1) to a family member or close personal friend if the disclosure is directly relevant to the person’s involvement in your care or payment related to your care; or (2) when attempting to locate or notify family members or others involved in your care to inform them of your location, condition or death. The practice will inform you orally or in writing of such uses and disclosures of your protected health information as well as provide you with an opportunity to object in advance. Your agreement or objection to the uses and disclosures can be oral or in writing. If you do not object to these disclosures, the practice is able to infer from the circumstances that you do not object, or the practice determines, in its professional judgment, that it is in your
best interests for the practice to disclose information that is directly relevant to the person’s involvement with your care, then the practice may disclose your protected health information. If you are incapacitated or in an emergency situation, the practice may exercise its professional judgment to determine if the disclosure is in your best interests and, if such a determination is made, may only disclose information directly relevant to your health care.
V. Uses and Disclosures Authorized by You
Other than the circumstances described above, the practice will not disclose your health information unless you provide written authorization. You may revoke your authorization in writing at any time except to the extent that the practice has taken action in reliance upon the authorization.
VI. Your Rights
You have certain rights regarding your protected health information under the HIPAA privacy regulations. These rights include:
The right to inspect and copy your protected health information.
For as long as the practice holds your protected health information, you may inspect and obtain a copy of such information included in a designated record set. A “designated record set” contains medical and billing records as well as any other records that your physician and the practice uses to make decisions regarding the services provided to you. The practice may deny your request to inspect or copy your protected health information if the practice determines in its professional judgment that the access requested is likely to endanger your life or safety or that of another person, or that it is likely to cause substantial harm to another person referred to in the information. You have the right to request a review of this decision. In addition, you may not inspect or copy certain records by law, including: (1) information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and (2) protected health information that is subject to a law that prohibits access to protected health information. You may have the right to have a decision to deny access reviewed in some situations. You must submit a written request to the practice’s Privacy Officer to inspect and copy your health information. The practice may charge you a fee for the costs of copying, mailing, or other costs incurred by the practice in complying with your request. Please contact our Privacy Officer if you have questions about access to your medical record at the number given on the last pages of this Notice.
The right to request a restriction on uses and disclosures of your protected health information.
You may request that the practice not use or disclose specific sections of your protected health information for the purposes of treatment, payment, or health care operations. Additionally, you may request that the practice not disclose your health information to family members or friends who may be involved in your care or for notification purposes as described in this Notice. In your request, you must specify the scope of restriction requested as well as the individuals for which you want the restriction to apply. Your request should be directed to the practice’s Privacy Officer. The practice may chose to deny your request for a restriction, in which case the practice will notify you of its decision. Once the practice agrees to the requested restriction, the practice may not violate that restriction unless use or disclosure of the relevant information is needed to provide emergency treatment. The practice may terminate the agreement to a restriction in some instances.
The right to request to receive confidential communications from the practice by alternative means or at an alternative location.
You have the right to request that the practice communicates with you through alternative means or at an alternative location. The practice will make every effort to comply with reasonable requests. However, the practice may condition its compliance by asking you for information regarding the procurement of payment or specific information regarding an alternative address or other method of contact. You are not required to provide an explanation for your request. Requests should be made in writing to the practice’s Privacy Officer.
The right to request an amendment of your protected health information.
During the time that the practice holds your protected health information, you may request an amendment of your information in a designated record set. The practice may deny your request in some instances. However, should the practice deny your request for amendment, you have the right to file a statement of disagreement with the practice. In turn, the practice may develop a rebuttal to your statement. If it does so, the practice will provide you with a copy of the rebuttal. Requests for amendment must be submitted in writing to the practice’s Privacy Officer. Your written request must supply a reason to support the requested amendments.
The right to request an accounting of certain disclosures.
You have the right to request an accounting of the practice’s disclosures of your protected health information made for purposes other than treatment, payment or health
care operations as described in this Notice. The practice is not required to account for disclosures (1) which you requested, (2) which you authorized by signing an authorization form, (3) for a facility directory, (4) to friends or family members involved in your care, and (5) certain other disclosures the practice is permitted to make without your authorization. The request for an accounting must be made in writing to our Privacy Officer and should state the time period for which you wish the accounting to include up to a six year period. The practice is not required to provide an accounting for disclosures that take place prior to April 14, 2003. The practice will not charge you for the first accounting you request of any 12-month period. Subsequent accountings may require a fee based on the practice’s reasonable costs for compliance of the request.
The right to obtain a paper copy of this Notice.
The practice will provide a separate paper copy of this Notice upon request even if you have already been given a copy of it or have agreed to review it electronically.
VII. The Practice’s Duties
The practice is required to ensure the privacy of your health information and to provide you with this Notice of your rights and the practice’s duties and procedures regarding your privacy. The practice must abide by the terms of this Notice, as may be amended periodically. The practice reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all protected health information that the practice collects and maintains. If the practice alters its Notice, the practice will provide a copy of the revised Notice through regular mail or in-person contact.
If you believe that your privacy rights have been violated, you have the right to relate complaints to the practice and to the Secretary of the Department of Health and Human Services. You may provide complaints to the practice verbally or in writing. Such complaints should be directed to the practice’s Privacy Officer. The practice encourages you to relate any concerns you may have regarding the privacy of your information and you will not be retaliated against in any way for filing
IX. Contact Person
The practice’s contact person regarding the practice’s duties and your rights under the HIPAA privacy regulations is the Privacy Officer. The Privacy Officer can provide information regarding issues related to this Notice by request. Complaints to the practice should be directed to the Privacy Officer at the following address:
ATTN: Privacy Officer: 6100 Windcom Court – Suite 101 Plano, TX 75093
The Privacy Officer can be contacted by telephone at (972) 398-3500
This Notice is effective on October 28, 2019.
COOKIES AND WEB BEACONS
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.
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.
Dr. John Van Wagoner, Eczema Specialist
6100 Windcom Court, Suite 101
Plano, Texas 75093
Last Revised: February 1, 2020