DOCTOR'S DATA, INC.'s ("DDI") site is an Internet-based online information and communication service intended for the use of professional healthcare providers. By accessing or using DDI's site you agree to be bound by the terms and conditions of this SITE AGREEMENT (this "Agreement"). If you do not wish to be bound by this Agreement, you may not access or use DDI's site. DDI may modify this Agreement at any time, and such modification shall be effective immediately upon either the posting of the modified Agreement or notifying you, at our option. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of DDI's site shall be deemed to be your acceptance of the modified Agreement.
The information and communication services contained in this site are intended for our professional healthcare provider customers and should not be construed as medical advice. DDI's site SERVICES, SOFTWARE, and INFORMATION (the "Services") accessed through DDI's site are provided "AS IS" without warranty, express or implied. The information and statements made in DDI's site have not been cleared or evaluated by the FDA. The Services are not intended to diagnose, treat, cure or prevent any disease. DDI hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Services. There are no warranties, which extend beyond the description on the face of this Agreement. DDI makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. DDI cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. DDI cannot and does not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. DDI does not warrant or guarantee that the functions or Services performed in DDI's site will be uninterrupted or error-free or that defects in DDI's site will be corrected. Users of DDI's site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to DDI's site for the reconstruction of any lost data.
By this Agreement, DDI grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use DDI's site in real time and to use the materials in DDI's site in a manner consistent with paragraph 8 (Copyright) below.
You agree to: (a) maintain all equipment required for your access to and use of DDI's site; (b) maintain the security of your user identification, password and other confidential information relating to your DDI site account; and (c) be responsible for all charges resulting from use of your DDI site account, including unauthorized use prior to your notifying DDI of such use and taking steps to prevent its further occurrence by changing your password.
You are responsible for your communications and your use of DDI's site. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to DDI's site with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use DDI's site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or make any unsolicited offer to sell goods or services to other Users, use as a unsolicited mass distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by DDI's site); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or DDI's site; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or DDI's site; (m) use DDI's site in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to DDI's site the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by DDI's site); (o) falsely purport to be an employee or agent of DDI's site (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of DDI's site, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of DDI to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in DDI's site, nonetheless, DDI reserves the right to take such action as it deems appropriate in cases where DDI's site is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on DDI's site, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
DDI reserves complete and sole discretion with respect to the operation of its site and reserves the right to withdraw, suspend or discontinue any functionality or feature. DDI may, in its complete and sole discretion, review uploaded files and authorize restrictions on access thereto.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use DDI's site in accordance with this Agreement. You agree to be financially responsible for your use of DDI's site (as well as for use of your account by others) and to comply with your responsibilities and obligations as stated in this Agreement.
The entire contents of DDI's site are copyrighted as a collective work under the laws of United States and other copyright laws. DDI holds the copyright in the collective work. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of DDI's site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from DDI's site.
You agree to indemnify, defend and hold harmless DDI, its officers, directors, employees, agents, representatives and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting form any violation of this Agreement or any activity related to your account by you or any other person accessing DDI's site using your account.
You agree that neither DDI nor its officers, directors, employees, agents, representatives and suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of DDI's site. You hereby release and forever waive any and all claims you may have against DDI, its officers, directors, employees, agents, representatives and suppliers (including but not limited to claims based upon the negligence of DDI, its officers, directors, employees, agents, representatives and suppliers) for losses or damages you sustain in connection with your use of DDI's site. Notwithstanding the foregoing paragraph, the total liability of DDI, its officers, directors, employees, agents, representatives and suppliers, if any, shall not exceed the fees paid by the user for the particular information or service provided. In no event shall DDI, its officers, directors, employees, agents, representatives and suppliers be liable for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of DDI's site are hereby excluded even if DDI's officers, directors, employees, agents, representatives or suppliers have been advised of the possibility of such damages.
Either you or DDI may terminate your right to use DDI's site at any time, with or without cause, upon notice. DDI also reserves the right to terminate or suspend your site membership without prior notice, but DDI will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 2 (License), 8 (Copyright), 9 (Indemnification), 10 (Waiver, Release and Limitation of Liability), and 12 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any legal action or proceeding between DDI and you for any purpose concerning arising out of or relating to this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Chicago, Cook County, Illinois, United States. Any cause of action or claim you may have with respect to DDI's site must be commenced within one (1) year after the claim or cause of action arises. DDI's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DDI may assign its rights and duties under this Agreement to any party at any time without notice to you.
Doctor's Data, Inc.
3755 Illinois Avenue
Saint Charles, IL 60174-2420
Attn: Chief Executive Officer/President
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
Doctor's Data Inc. (DDI) takes the issue of privacy very seriously. We want to provide visitors to our site the security, privacy and confidentiality that they expect from a healthcare services provider.
DDI does not collect any personal information from anyone who is merely visiting or browsing the site. Personal information is collected if the visitor chooses to request literature through download or mail, sends DDI an email message or uses the client account section of our website.
DDI invites visitors on its site to send email messages to DDI so that we may respond to inquiries regarding our products and services. DDI retains copies of these email messages. The information provided by a visitor will be used to respond to the visitor's inquiry and to provide better customer service. DDI will not release an email address contained in its database to a third party unless the third party provides products or services to DDI and releasing the address serves a specific purpose.
In the client account section of our website, DDI collects personal information necessary to provide data requested by our clients (for example, test results, account balances and lists of transactions). To protect the confidentiality of the information submitted, DDI requires that visitors have a browser that supports 128-bit "strong" encryption, i.e., Microsoft's Internet Explorer 9.0 and higher, or another comparable web browser.
DDI uses the information collected from its web site visitors to address the specific needs of those visitors, to provide better customer service and to provide the latest information regarding DDI's products and services. The information collected is also used to provide a record of communications between DDI and its site visitors and to comply with any applicable legal or regulatory requirements.
By DDI Employees: Certain DDI employees will be provided with a visitor's information to respond to that visitor's needs and provide the visitor with information requested. All DDI employees are instructed and trained to use strict standards of care in handling personal and confidential customer information. DDI employees who do not conform to DDI's confidentiality policy are subject to disciplinary action including dismissal.
By Third Parties: DDI does not rent, sell or transmit any personal information collected through its site to any third-party marketers. Personal information may be transmitted if there is a specific need to complete a transaction requested by the visitor, or is required by law.
An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. DDI collects IP addresses in order to conduct system administration and site analysis. If a visitor requests pages from DDI, the DDI servers enter the visitor's IP address into a log. To maintain visitor anonymity, DDI does not associate IP addresses with records containing personal information. However, DDI will use IP addresses to identify any visitors who refuse to comply with DDI's in-house rules or terms of service, and to identify visitors who threaten our service, site, customers or others.
The DDI Web site has security measures in place to protect the loss, misuse and alteration of the information under our control. DDI employs strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted Internet channel.
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 carefully.
Doctor's Data, Incorporated and its wholly owned subsidiaries (collectively called "Doctor's Data" in this Notice) are committed to protecting the privacy of your personal and health information. At Doctor's Data, we are committed to protecting the confidentiality of individuals' laboratory test results and other patient protected health information (PHI) that we collect or create as part of our diagnostic testing activities.
Doctor's Data, Inc.
Attention: Privacy Officer
3755 Illinois Avenue
St. Charles, Il 60174-2420
Doctor's Data and its employees are committed to obtaining, maintaining, using and disclosing patient protected health information (PHI) in a manner that protects patient privacy. We will only use or disclose the minimum amount of your PHI we consider necessary to perform a job or complete an activity. This Notice applies to all PHI that we maintain. Your doctor may have different notices regarding his/her use and disclosure of your PHI created in his/her office.
Doctor's Data is required by law to provide you with this Notice of Privacy Practices with respect to PHI, to maintain the privacy of PHI, to state the uses and disclosures of PHI that Doctor's Data may make, and to list the rights of individuals and our legal duties with respect to their PHI. Your PHI at Doctor's Data includes personal and medical information (such as your name, address, date of birth, test ordered, etc.) that we obtain from you, your physician, health plan or other sources. Your PHI also includes the laboratory testing results that we create. An example of PHI is as follows: Bob Smith, Date of Birth: 2/15/08, resides at 123 Main Street, Anytown, IL, cholesterol result of 516 mg/dL.
Doctor's Data is required to abide by the terms of the Notice of Privacy Practices currently in effect. We reserve the right to change the terms of this Notice of Privacy Practices and to make the provisions of the new Notice of Privacy Practices effective for all PHI that we maintain. The current Notice will be displayed on our website and a copy is available upon request.
Your PHI will be used or disclosed for treatment, payment or healthcare operations purposes and for other purposes permitted or required by law. Not every use or disclosure is listed; however, all of the ways we use or disclose your PHI will fall into one of the categories listed below.
If we wanted to use or disclose your PHI for other purposes, we would have to obtain your written authorization. You have the right to revoke your authorization at any time, except if we have already made a disclosure based on that authorization. We do not need your authorization or permission to use or disclose your PHI for the following purposes:
As a healthcare provider that provides laboratory testing for ordering physicians, Doctor's Data uses your PHI as part of our testing process and discloses your PHI to physicians and other authorized health care professionals who need access to your laboratory results to treat you. In addition to your treating physician, we may provide a specialist consulting physician with information about your results to further validate the results before release to your physician. Occasionally, we may contact you to arrange for a recollection of your specimens.
We will use your PHI in our billing departments and disclose your PHI to insurance companies, hospitals, physicians and health plans for payment purposes, or to third parties to assist us in creating bills, claim forms or getting paid for our services. For example, we may send your name, date of service, test performed, diagnosis code and other information to a health plan so that the plan will pay us for the services we provided. In some cases, we may have to contact you to obtain billing information or for other billing purposes. When required, we may use an outside collection agency to obtain payment.
We may use or disclose your PHI in the course of activities necessary to support our healthcare operations, such as performing quality checks on our testing, for teaching purposes or for developing normal reference ranges for tests that we perform.
Doctor's Data may disclose your PHI to other companies or individuals who need your PHI in order to provide specific services to us. These other entities, known as "business associates," must comply with the terms of a contract designed to ensure that they will maintain the privacy and security of the PHI we provide to them or which they create on our behalf. Our business associates must only use your PHI for designated treatment, payment, or health care operations purposes that they perform on our behalf. For example, we may disclose your PHI to temporary employees or to the College of American Pathologists (CAP) or other private accrediting organizations that inspect and certify the quality of our laboratories.
We may use or disclose your PHI for various public policy purposes that are authorized or required by federal or state law. For example, we are required to disclose your PHI to the Secretary of the U.S. Department of Health and Human Services ("HHS") upon request. We must provide you with copies of your PHI at your request, except where restricted or prohibited by state law. We will provide the information regarding your specific state to you upon request.
We may disclose your PHI when reporting results to public health departments as required by law, for example, blood lead levels. We may disclose your PHI for FDA reporting purposes.
When the appropriate conditions apply, we may use or disclose PHI to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
We may use or disclose your PHI when necessary to prevent a serious threat to your health and safety or that of another person or the general public. Any use or disclosure for this purpose would only be made to someone able to help prevent the threat. For example, we may disclose your PHI in an investigation regarding a physician's license.
We may disclose your PHI in connection with governmental oversight, licensure, auditing and other purposes. For example, governmental agencies periodically review our records to ensure that Doctor's Data is complying with the rules of various regulatory and licensing agencies. HHS and State Health Departments are examples of agencies that oversee aspects of Doctor's Data's operations. Other agencies may audit our billing and laboratory records to verify that the health care was provided as claimed or that we were paid correctly.
We may disclose your PHI as required to comply with court orders, discovery requests or other legal process in the course of a judicial or administrative proceeding.
We may also disclose PHI for law enforcement purposes. For example, we may be required to release PHI as required by law or in compliance with a court order, judicial subpoena, court-ordered warrant, grand jury subpoena, administrative request, investigative demand or similar legal process, but only if efforts have been made to tell you about the request or to obtain an order of protection for the requested information. We may release PHI for other law enforcement purposes, such as to identify or locate a suspect, fugitive, material witness or missing person.
We may disclose your PHI for military and veterans activities, national security or intelligence purposes, or to correctional institutions, or to law enforcement officials having custody of an inmate.
We may disclose your PHI as necessary to comply with requirements of workers' compensation or similar programs that provide benefits for work-related injuries or illness without regard to fault. For example, workers compensation programs may require that we provide the results of laboratory testing as part of the case file.
For all of the above purposes, in cases where state law is more restrictive than federal law, we are required to follow the more restrictive state law. For example, some states require physician authorization to release laboratory test results to patients, and other states prohibit a laboratory from releasing test results directly to a patient.
Although we do not do so today, we may want to contact you in the future regarding health-related products or services that may be of interest to you.
You or your authorized or designated personal representative have the right to inspect and copy your PHI. Doctor's Data will deny access to certain information for specific reasons, for example, where state law prohibits such patient access. If your request is denied, you may request that the denial be reviewed.
You have the right to request amendments to your PHI (but we are not required to make the requested amendments).
You have the right to receive an accounting of disclosures of your PHI that were made by Doctor's Data for a period of up to six years prior to the date of your written request. Under the law, this accounting does not include disclosures made for purposes of treatment, payment, health care operations or certain other excluded purposes, but includes other types of disclosures, including disclosures for public health reporting or in response to a court order.
You have the right to ask us if we will agree to restrictions on certain uses and disclosures of your PHI, but we are not required to agree to your request.
You have the right to request that we send your PHI to an alternate address, but we are not required to agree to your request.
You have the right to request a paper copy of this Notice.
If you believe your privacy rights have been violated, you have the right to register a complaint with Doctor's Data or the Secretary of the U.S. Department of Health and Human Services. Doctor's Data will not retaliate against any individual for filing a complaint. You may file a complaint by calling us at 1-800-323-2784, or by writing to us at the address located at the beginning of this Notice.
Write to us with your specific written request and be sure to include sufficient information for us to identify all of your records. You may also contact us at 1-800-323-2784 to request an access form. Doctor's Data will consider your request and provide you a response within a reasonable timeframe. Should we deny your request, you have the right to ask for the denial to be reviewed by another healthcare professional designated by Doctor's Data. For additional details, or for instructions regarding how to exercise these rights, call us at 1-800-323-2784.
You may request a copy of this Notice in electronic and/or paper form by calling 1-800-323-2784.
If you have questions or concerns regarding the privacy or confidentiality of your PHI, or you wish to register a complaint, please contact us by writing to the address located at the beginning of this notice, by calling 1-800-323-2784, or by sending an email to firstname.lastname@example.org.
Doctor's Data reserves the right to amend this Notice of Privacy Practices, at any time, to reflect changes in our privacy practices, and these changes will apply retroactively. Any such changes will be applicable to and effective for all Protected Health Information (PHI) that we maintain including PHI we created or received prior to the effective date of the Notice revision.