IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR OUR WEBSITE.
I. INTRODUCTION
These terms of use (the “Terms”) describe your rights and responsibilities with regard to the OPN Healthcare website (the “Website”) owned and operated by OPN Healthcare, Inc. In these Terms, “we”, “our”, “us”, and “OPN Healthcare, Inc.” collectively refer to OPN Healthcare, Inc. The terms “you” and “yours” refer to the person using the Website. Use of the Website is governed by these Terms and our Privacy Policy. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.
Even though you may have arrived at the Website through a website or mobile application operated or controlled by a third party, including by an affiliate of OPN Healthcare, Inc., you understand and agree that these Terms are entered into between you and OPN Healthcare, Inc. You also understand and agree that the Website and any services provided through these Terms are provided by OPN Healthcare, Inc.
You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with OPN Healthcare, Inc., and such processes have the same force and effect as your written signature. You agree and consent to OPN Healthcare, Inc., OPN Healthcare, Inc. affiliates, or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Website.
II. MODIFICATION OF THE TERMS
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation below. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.
III. DESCRIPTION OF OPN HEALTHCARE, INC.
You understand and agree that the Website is provided for educational and informational purposes only (the “Services”) and does not constitute providing medical advice or professional services. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician. Always seek the advice of your doctor or other qualified health provider regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. No physician-patient relationship is created by this web site or its use. OPN Healthcare, Inc. does not provide any health care services through the Website and is not licensed to practice medicine. OPN Healthcare, Inc. provides non-clinical administrative services to several medical groups including, but not limited to, Oncology Physicians Network of California, PC, and Southern California Oncology Associates, A Medical Corporation (collectively, the “Affiliated Medical Groups”). Any discussion or description of medical services on the Website refers to services provided by the Affiliated Medical Groups and not to any services provided by OPN Healthcare, Inc.
IV. ELIGIBILITY
To use the Services through the Website, the following must be true: You must be 18 years or older, or, if you are under the age of 18, you are using the Website under the supervision of a parent or guardian. You live in the United States and in a state or territory where the Services are available. You agree to be legally bound by and comply with these Terms of Use or, if you are under the age of 18, your parent or guardian has reviewed these Terms of Use and agrees to be bound by them. You must have compatible computing and/or mobile devices, access to the internet, and certain necessary software in order to use the Website.
V. AVAILABILITY
The Services are currently available to individuals located in certain states and that list is subject to change from time to time at the sole discretion of OPN Healthcare, Inc.
VI. RESTRICTIONS ON USE
You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:
a) Use or attempt to use the Website or the Services for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law or regulation, or is prohibited by these Terms;
b) “Jailbreak” your mobile operating system. The Website is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Website on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. You may compromise your information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified operating system is a material breach of these Terms;
c) License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
d) Use or access the Website to create or develop competing products or services or for any other purpose that is to OPN Healthcare, Inc.’s detriment or commercial disadvantage;
e) Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
f) Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
g) Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by OPN Healthcare, Inc. or any of our service providers to protect our Website;
h) Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property;
i) Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;
j) Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose;
k) Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to OPN Healthcare, Inc. or third-party content from the Website; or
l) Encourage or enable any other individual to do any of the foregoing.
VII. LICENSE AND USE
Subject to your compliance with these Terms, OPN Healthcare, Inc. grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by OPN Healthcare, Inc. or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
VIII. DISCLAIMER; LIMITED HEALTH CARE SERVICES
The Website is structured for use specific to the Services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
IX. PRIVACY
OPN Healthcare, Inc. understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.
X. INTELLECTUAL PROPERTY
As between OPN Healthcare, Inc. and you, OPN Healthcare, Inc. is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by OPN Healthcare, Inc. or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of OPN Healthcare, Inc. or its affiliates. You are not authorized to use any such Trademarks without the express written permission of OPN Healthcare, Inc. or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
XI. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of OPN Healthcare, Inc. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.
XII. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPN HEALTHCARE, INC. AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER OPN HEALTHCARE, INC. NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, OPN HEALTHCARE, INC. DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND OPN HEALTHCARE, INC. DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
XIII. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER OPN HEALTHCARE, INC. NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF OPN HEALTHCARE, INC. OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF OPN HEALTHCARE, INC. AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
XIV. INDEMNIFICATION
You agree to indemnify, defend, and hold OPN Healthcare, Inc. and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
XV. MODIFICATIONS TO THE WEBSITE
OPN Healthcare, Inc. reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that OPN Healthcare, Inc. shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.
XVI. SUSPENSION AND TERMINATION RIGHTS
The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Subject to applicable law, OPN Healthcare, Inc. reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, OPN Healthcare, Inc. will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
XVII. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND OPN HEALTHCARE, INC. TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OPN HEALTHCARE, INC.
a) Governing Law. The Website is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of California without regard to conflicts of law principles.
b) Arbitration Agreement. You and OPN Healthcare, Inc. agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Los Angeles, California.
c) Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND OPN HEALTHCARE, INC. WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and OPN Healthcare, Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
d) No Class Arbitrations, Class Actions, or Representative Actions. YOU AND OPN HEALTHCARE, INC. AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND OPN Healthcare, Inc. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER OPN Healthcare, Inc. USERS.
e) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and OPN Healthcare, Inc. will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
XVIII. MISCELLANEOUS
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
XIX. COPYRIGHT INFRINGEMENT CLAIMS
OPN Healthcare, Inc. reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. OPN Healthcare, Inc. otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XIX describes the procedure that should be followed to file a notification of alleged copyright infringement with OPN Healthcare, Inc.
a) Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: info@opnhc.com. Any notification to OPN Healthcare, Inc. under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
ii. An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. An identification of the content or material that you claim is infringing and where it is located on our Website;
iv. Information sufficient for OPN Healthcare, Inc. to contact you, such as your address, telephone number, and/or email address;
v. A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
vi. A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
XX. CONTACT INFORMATION
If you have any questions or concerns, please contact:
OPN Healthcare, Inc.
550 N Brand Blvd., Suite 1000
Glendale, CA 91203
info@opnhc.com
Last Modified: 5/3/2024
Last Updated: May 3, 2024
1. Please Read Carefully
This Online Privacy Policy describes the information that OPN Healthcare, Inc. (“we” or “Company”) collects about you though our website(s), mobile application, and any other services we provide (collectively, the “Services”), how we use and share that information, and the privacy choices we offer. This policy applies to information we collect when you access or use our website(s) and mobile application (collectively, the “Platform”), when you use our Services or when you otherwise interact with us.
The Company is a business associate of several medical groups including, but not limited to, Oncology Physicians Network of California, PC, and Southern California Oncology Associates, A Medical Corporation. To the extent, such medical groups have requested that the Company communicate or manage privacy practices with you, this policy explains how the Company may do so. Accordingly, hereinafter, the use of “we” or “Company” shall also refer to services performed on behalf of the medical groups which OPN Healthcare, Inc. is a business associate of.
2. Changes to this Online Privacy Policy
We may change this Online Privacy Policy from time to time. If we make changes, we will notify you by posting the updated policy on our Platform and revising the “Last Updated” date above. We encourage you to review the Online Privacy Policy whenever you use our Services to stay informed about our information practices and about ways you can help protect your privacy.
3. Confidentiality of Health Information
Health information that Company receives and/or creates about you, personally, relating to your past, present, or future health, treatment, or payment for healthcare services, may be “protected health information” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”). Your health information may also be protected by state privacy and laws and regulations.
Company understands that health information about you and your health is personal. We support your privacy and ensure that the transmittal and use of your information complies with all laws, except to the extent that you have authorized Company to transmit information to you by other means. In this regard, where applicable, we comply with HIPAA, HITECH, and other relevant state laws and regulations by entering into Business Associate Agreements with other entities that we work with to ensure that your protected health information is appropriately safeguarded.
Set forth below is Company’s Notice of Privacy Practices.
4. Use of Services
Your access to and use of our Services are subject to certain terms and conditions, which are set forth in our Terms of Use.
5. Collection of Information
5.1. Information You Provide
We collect information you provide, such as when you email us, sign up through our Platform, or submit information through our Platform. We may collect, but are not limited to collecting, the following information: your name, gender, email address, mailing address, phone number, date of birth, payment and bank information provided.
5.2. Children
Company does not knowingly collect or maintain personally identifiable information from persons under 18 years of age without verifiable parental consent. If you are under 18 years of age, then please do not use the Services without parental consent. If Company learns that personally identifiable information of persons less than 18 years of age has been collected without verifiable parental consent, then Company will take the appropriate steps to delete this information. To make such a request, please contact us at info@opnhc.com.
5.3. Information We Collect from Your Use of the Services
We collect information about you when you use our Platform, including, but not limited to the following:
· Account Information. When you register with us using the Platform to create an account and become a registered user, you will need to provide us with certain personally identifiable information to complete the registration, including information that can be used to contact or identify you and payment or other billing information in some cases.
· Device Information. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services. For example, we may collect and analyze information such as (a) IP addresses, geolocation information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
· Location Information. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in Los Angeles, California, the Services may be customized with Los Angeles-specific information and advertisements. In order to do this, your location information may be shared with our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
· Cookies and Other Electronic Technologies. We may use the tools outlined below in order to better understand users. As we adopt additional technologies, we may also gather additional information through other methods.
o Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We may use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services, and for analytics and fraud prevention.
We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our business partners use Cookies to display Company ads on other websites and services based on information about your use of the Services and on your interests (as inferred from your online activity). Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider, and demographic information such as sex and age range. These Cookies help Company learn more about our users’ demographics and internet behaviors.
For more information on cookies, visit http://www.allaboutcookies.org.
o Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers, and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.
o Platform Analytics: We may use third-party analytics services in connection with the Platform, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Platform. These analytics services generally do not collect personal information unless you voluntarily provide it and generally do not track your browsing habits across sites which do not use their services. We use the information collected from these services to help make the Platform easier to use.
o Mobile Device Identifiers: Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address and location) and traffic data. Mobile device identifiers help Company learn more about our users’ demographics and internet behaviors.
5.4. Information from Third Parties
We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.
5.5. Aggregate or De-identified Data
We may aggregate and/or de-identify information collected by the Services or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Online Privacy Policy, and we may disclose it to others without limitation for any purpose, in accordance with applicable laws and regulations.
6. Use of Information
We use the information that we collect for the following purposes:
· For the purposes for which you provided the information.
· To contact you when necessary or requested.
· To personalize your experience with the Services by informing you of products, programs, events, services, and promotions of Company, our affiliates, our partners and/or third parties that we believe may be of interest to you (see the “Opt-In Policy” below).
· To fulfill your purchase from us, including, to process your payments, communicate with you regarding your purchase or provide you with related customer service.
· To send mobile notifications (you may opt-out of this service).
· To provide, maintain, administer, improve, or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer.
· To customize and tailor your experience of the Services.
· To send emails and other communications that display content that we think will interest you and according to your preferences.
· To send you news and information about our Services.
· To track and analyze trends and usage in connection with our Services.
· To better understand who uses the Services and how we can deliver a better user experience.
· To combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Online Privacy Policy.
· To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts.
· To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities.
· To enforce the legal terms that govern your use of the Services.
· To protect our rights or property.
· To administer and troubleshoot the Services.
· For any other purpose disclosed to you in connection with our Services.
We may use third-party service providers to process and store personal information in the United States and other countries.
7. Sharing of Information
We may share personal information about you as follows:
· With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf.
· With our affiliates and partners so that they may use such information for the purposes described in this Online Privacy Policy.
· With our affiliates, partners or other third parties to allow them to contact you regarding products, programs, services, and promotions that we and/or they believe may be of interest to you (See the “Opt-In Policy” below).
· In connection with, or during the negotiation of, any merger, sale of Company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of our business (but only under non-disclosure and confidentiality agreements and protections).
· If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of our Services; and to protect us, our users or the public from harm or illegal activities.
· With your consent.
We may also share aggregated, non-personally identifiable information with third parties.
8. Opt-In Policy
When you supply us with personally identifiable information in connection with your use of the Services, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings and if you would like us to share personally identifiable information about you with our affiliates, partners or other third parties for their marketing purposes. If you do choose to opt-in, you will receive such communications and/or we will share your information in accordance with your “opt-in” consent.
You may, of course, choose not to receive additional marketing information from us or choose not to allow our sharing of your personally identifiable information as follows: at any time, you can follow a link provided in our marketing-related email messages (but excluding e-commerce confirmations and other administrative emails) to opt out from receiving such communications; or at any time, you can contact us in accordance with the “Contact Us” section below to opt out from receiving such communications.
If you decide to contact us to change your contact preferences to opt out of receiving communications from us, please specify clearly which of the following choices you are opting out of: (a) receiving marketing communications from us; (b) allowing us to share personally identifiable information about you with our affiliates and partners for their marketing purposes; and/or (c) allowing us to share personally identifiable information about you with other third parties for their marketing purposes.
We will endeavor to implement your requested change as soon as reasonably practicable after receiving your request. Please be aware that your requested change will not be effective until we implement such change. Please note that if you choose not to allow our sharing of your personally identifiable information, we are not responsible for removing your personally identifiable information from the databases of third parties with which we have already shared your personally identifiable information as of the date that we implement your request. If you wish to cease receiving marketing-related e-mails from these third parties, please contact them directly or utilize any opt-out mechanisms in their privacy policies or marketing-related e-mails.
Please note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages. You cannot opt-out from receiving these administrative messages. We reserve the right, from time to time, to contact former customers or users of the Services for administrative purposes or in order to comply with applicable laws, rules or regulations.
9. Social Media and Third Party Platforms
Certain sections or functionalities on our Services may permit you to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, or other similar sites (collectively, “Social Media Sites”). Company does not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party’s Online Privacy Policy and other legal terms, which may not provide privacy protections with which you agree. Company is not responsible for any act or omission of any Social Media Platform, nor are we responsible for the consequences of your choosing to share your information on Social Media Sites.
10. Security
We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk.
11. Your Privacy Choices
11.1. How You Can Access and Update Your Information
You may update or correct information about yourself at any time or by emailing us at info@opnhc.com.
11.2. Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies; however, our Services may not function properly if you do so.
11.3. Options for Opting out of Cookies and Mobile Device Identifiers
If you are interested in more information about interest-based advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link or TRUSTe’s Advertising Choices Page to opt-out of receiving tailored advertising from companies that participate in those programs.
Please note that even after opting out of interest-based advertising, you may still see Company’s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Company is no longer using its tracking tools—Company still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.
11.4. How Company Responds to Browser “Do Not Track” Signals
We are committed to providing you with meaningful choices about the information collected on our Platform for third-party purposes, and that is why we provide above the Network Advertising Initiative’s “Consumer Opt-out” link, Digital Advertising Alliance’s Consumer Opt-Out Link, and TRUSTe’s Advertising Choices page. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions. For more information about DNT signals, visit http://allaboutdnt.com.
11.5. Links to Other Websites
Our Services may contain links to other websites and those websites may not follow the same privacy practices as Company. We are not responsible for the privacy practices of third party websites. We encourage you to read the privacy policies of such third parties to learn more about their privacy practices.
11.6. No Rights of Third Parties
This Online Privacy Policy does not create rights enforceable by third parties.
11.7. How to Contact Us
Please contact us with any questions or concerns regarding this Online Privacy Policy at info@opnhc.com.
12. Notice of Privacy Practices
Company is dedicated to maintaining the privacy of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, Company may receive and create records containing your PHI. Company is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI.
Company must abide by the terms of this Notice while it is in effect. This Notice is in effect from the date noted above until Company replaces it. Company reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Company changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Company changes this Notice, it will post the new Notice on its Platform and will make the new Notice available upon request.
12.1. Uses and Disclosures of PHI. Company may use and disclose your PHI in the following ways:
· Treatment, Payment and Healthcare Operations. Company is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:
o Treatment. Company may disclose your PHI to a physician in connection with the provision of treatment to you.
o Payment. Company may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.
o Healthcare Operations. Company may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. Company may engage third parties to provide various services for Company. If any such third party must have access to your PHI in order to perform its services, Company will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
· Authorization. Company is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time.
· As Required by Law. Company may use and disclose your PHI to the extent required by law.
· Special Circumstances. The following categories describe unique circumstances in which Company may use or disclose your PHI:
o Public Health Activities. Company may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. Company may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
o Workers’ Compensation. Company may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
o Health Oversight Activities. Company may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
o Judicial and Administrative Proceedings. Company may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
o Law Enforcement. Company may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
o Decedents. Company may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
o Organ Procurement. Company may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
o Research. Company may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
o Threat to Health or Safety. Company may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
o Specialized Government Functions. Company, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. Company may also disclose PHI to federal officials for intelligence and national security purposes.
12.2. Your Rights Regarding Your PHI. You have the following rights regarding the PHI maintained by Company:
· Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that Company communicate with you through alternate means or at an alternate location, and Company will accommodate your reasonable requests. You must submit your request in writing to Company.
· Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Company limits its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Company. Company is not required to comply with your request. However, if Company agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.
· Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Company. Company may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Company may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Company will inform you of the reason for the denial, and you may request a review of the denial.
· Amendment. You have a right to request that Company amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Company. You must submit your request in writing to Company and provide a reason to support the requested amendment. Company may, under certain circumstances, deny your request by sending you a written notice of denial. If Company denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
· Accounting of Disclosures. You have a right to receive an accounting of all disclosures Company has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Company and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Company may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Company will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.
· Breach Notification. You have the right to be notified in the event that Company (or a Company Business Associate) discovers a breach of unsecured PHI.
· Paper Copy. You have the right to obtain a paper copy of this Notice from Company at any time upon request. To obtain a paper copy of this notice, please contact Company by calling (818) 507-4732.
· Complaint. You may complain to Company and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.To file a complaint with Company, you must submit a statement in writing to Company at info@opnhc.com. Company will not retaliate against you for filing a complaint.
· Further Information. If you would like more information about your privacy rights, please contact Company by calling (818) 507-4732 and ask to speak to the Privacy and Security Officer. To the extent you are required to send a written request to Company to exercise any right described in this Notice, you must submit your request to
OPN Healthcare, Inc.
ATTN: Privacy Officer
550 N Brand Blvd., Suite 1000
Glendale, CA 91203