Last updated: December 23, 2019
ConsejoSano values your privacy and takes its responsibility to safeguard information about you very seriously. We are committed to ensuring all data we receive remains confidential and protected, and that we comply with the Health Insurance Portability and Accountability Act (“HIPAA”) and any other relevant federal and state privacy laws. To that end, ConsejoSano has implemented policies, processes, and procedures designed to ensure compliance with HIPAA requirements, but more importantly to ensure any and all data we receive is protected and secure.
Please read this policy carefully. If any term is unacceptable to you, please respond to our text by saying “STOP” or contact us immediately at:
Mail: ConsejoSano, Inc.
5200 Lankershim Blvd., Suite 310
North Hollywood, CA 91601
How We Collect and Store Information About You
ConsejoSano receives information about you from your health plan or doctor if you indicate an interest in receiving text or other messages about appointments, the need for vaccinations or immunizations, other services you may access, or resources you may contact to learn about healthcare services or how to enhance your wellbeing.
ConsejoSano provides some of these services for your health plan or provider, along with administrative and technological support. This requires that we collect and store information about you. We do not receive or retain information about you or your health that is not necessary for us to perform the services your health plan or provider asks us to offer to you.
We receive information about you through a secure exchange and store your information in a secure environment.
How We Use and Share Information About You
We use information about you to identify what services may interest you and communicate with you by telephone, email, and/or text message. We may use your first name to greet you and establish that you are the person we are trying to reach and that we have the correct phone number.
We may use health information about you, but message content will be delivered in a generalized way so as not to disclose your health status.
After this initial message, we may tell you about health-related products and services we offer, such as educational programming and tools for managing diseases like diabetes. While the message content will not say that you have the disease one could infer that you have the condition.
We may share your information with third parties who are legally bound by the restrictions of this Policy and the law. As examples, we share your PHI and other personal information with organizations that help us run and maintain the technology and security infrastructure that support the Site, secure storage facilities or hosts, our online payment processor and bank, entities that provide us with support for the services we make available to you, and transportation services if you ask us to arrange for travel to a doctor appointment.
We may also share your information with a third party if we merge, are acquired, or undergo an asset sale or as required by law.
We also collect information through the Site that is not healthcare information, such as:
- Technical information about how and when you use the Site;
- Technical information about your mobile device or computer, including the operating system you use;
- Your general location when you use the Site;
- Your internet protocol address and MAC address.
We collect and use other information from your visits to the website to help us improve the overall quality of the Site and the services we provide.
ConsejoSano complies with California’s Privacy Rights for California Minors in the Digital World Act (“PRCM”), which prohibits marketing or advertising to minors any dietary supplement products containing ephedrine group alkaloids, including androstanediol, androstenedione, norandrostenediol, norandrostenedione, or dehydroepiandrosterone. The PRCM also prohibits identifying minors in some situations not applicable here. Nonetheless, we will not intentionally identify minors without duly authorized express consent.
How We Safeguard Your Privacy
We use industry standard technologies, physical security, and administrative processes to ensure that information about you is not shared with or accessible to anyone who does not have a legitimate need to view or access the information. Information from your health plan or provider is encrypted with Secure Socket Layers (“SSL”) technology to create a protected transmission. This information, and information you submit to us is maintained on Secure Portals and our data center servers are physically and electronically secured and are protected by firewall and encryption technology.
While we cannot guarantee that unauthorized access to, or loss, misuse, or alteration of data will not occur, ConsejoSano’s policies, procedures and practices, along with its technologies and security systems, are designed to ensure that its data systems are protected against known security vulnerabilities. We have never been associated with any HIPAA or other privacy or security law violations and continually work to keep it that way.
How to Contact Us
Questions or comments regarding this Policy should be submitted to email@example.com or in writing to:
5200 Lankershim Blvd., Suite 310
North Hollywood, CA 91601
1. Acceptance of Terms and Conditions of Use
Welcome to Corporate Responsibility Partners, LLC's ("CRP" "we" or "us") ConsejoSano website www.consejosano.com (the "Site"). By accessing the Site or associated features, applications (mobile and otherwise), emails, content, downloads, devices, products or services (the "Apps", and together with the Site, the "Services"), you agree to be bound by these terms and conditions of use (these "Terms") and all applicable federal, state, and local laws and regulations. If you do not agree to be bound by these Terms, you are prohibited from accessing the Services. These Terms may change. If we revise and update these Terms, your continued use of the Services will mean that you accept those changes. We suggest you periodically check these Terms to see if they have been updated. If you do not accept such changes, you are prohibited from continuing to use the Services. Please read these Terms and Conditions carefully before you start to use the service.
3. No Physician-Patient Relationship
Through the Services, we provide users with online access to health and wellness information from health care professionals and others. Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words in connection with the Services, including in these Terms, we mean your personal, treating doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States. You understand and agree that CRP does not collect any of your medical data during the registration process, however, we may connect you to Salud Interactiva S.A. de C.V. in Mexico ("SI") and any of SI’s authorized vendors or representatives for the purposes of answering health-related questions or obtaining medical advice. You further understand that medical data collected by SI may include conditions, symptoms, allergies, medications, routine test results, immunizations, medical education and instructions. Some of this information may include references to mental health, alcohol, drug abuse, sexually transmitted infections including HIV or AIDS and/or results for developmental disabilities or genetic testing. You may also add optional health information to your own personal profile. NEITHER WE NOR ANY OF THE LICENSED DOCTORS FROM MEXICO AND/OR THE UNITED STATES (THE "HEALTH CARE PROFESSIONALS" OR THE "HCPS") TO WHOM WE CONNECT YOU ARE "YOUR" PHYSICIAN OR HEALTHCARE PROVIDER. CRP DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS OF ANY KIND. ALL INFORMATION PROVIDED VIA THE SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY US, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN ANY HCPS AND USERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY US OR ANY HCP IS SOLELY AT YOUR OWN RISK.
Whenever you (i) want personal medical advice, treatment, or diagnosis or (ii) are seeking a prescription, you should contact your physician or professional healthcare provider and see them in person. Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet. You should always use common sense when making health decisions, and they should be made in consultation with your doctor. We do not and cannot make decisions for you. What we can do is help you find good health information and advice. We do not practice medicine, but the HCPs can be a resource for reliable, relevant general health information.
- SEEK THE ADVICE OF YOUR PHYSICIAN OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
- NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN THROUGH THE SERVICES.
- CALL 911 OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.
You understand that the services that we offer are not health insurance or a substitute for health insurance and you agree not to use the services as health insurance. Out of pocket fees and costs associated with the services may not qualify for insurance, HSA or any similar reimbursement.
You agree to the entry of your medical records into the SI computer database for processing and storage. You agree that the services provided may involve the communication of your medical record to doctors and other health care professionals located outside of your state.
4. License Grant; Intellectual Property
When you use the Services, you do so under a license from us. Your license to use the Services is personal, revocable, non-assignable, and nonexclusive. This means that you may not use the Services for any commercial purpose, that we can take away your right to use the Services, and that you cannot give this license away to someone else. All right, title and interest in and to Services, together with all intellectual property rights embodied therein are the property of the us or our affiliates.
We have obtained or applied for various trademarks and service marks. ConsejoSano, the ConsejoSano logo, other ConsejoSano trademarks and service marks and other ConsejoSano logos and product and service names are our trademarks ("ConsejoSano Marks"). If you would like to use or display any ConsejoSano Marks, you must ask our permission. Without our prior written permission, you agree not to display or use in any manner the ConsejoSano Marks.
You agree not to infringe our copyrights, trademarks, trade secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content (defined below). You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Services as they are designed and intended to be used, including using features which allow you to re-post Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook, YouTube, Twitter, and blogs, etc., so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content.
You are responsible for safeguarding any password that you use to access the Site. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. Please immediately notify us of any unauthorized use of your password or account. We are not responsible for any loss or damage that arises from your failure to comply with this section.
You should assume that everything that you read or see via the Services, including all files, images, text, software, and data (collectively, the "Content"), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such Content. Unless otherwise expressly noted, the Content may not be copied or used except as provided in these Terms or with our prior written approval.
All Content not originating with us is provided for your interest and convenience only, and we do not endorse such Content nor the third parties (including the HCPs) who supply it, nor do we warrant or represent that such Content is current, accurate, complete or reliable. You understand that you may be exposed to Content that that you might consider offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any Content or any loss or damage of any kind incurred as a result of your use or reliance on such Content.
7. Your Use of the Site
You may only use the Site in a manner consistent with any and all applicable laws, rules and regulations. You may not upload or transmit to or through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Services is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Services, our computer systems, or the computer systems of other users of the Services. You will not engage in any data mining in connection with the Services. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.
You may not upload or transmit to or through the Services any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You may not upload, email, post or transmit to, or distribute or otherwise publish through the Services any material which disrupts the normal operation of the Services.
You must be at least eighteen (18) years of age to open an account with us.
8. Links to Third Party Sites
Through the Services, we may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.
9. Linking to the Site
We do not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. We may withdraw linking permission without notice.
10. User Registration
To obtain access to the Services, you will be required to complete a registration. You must provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, AND IMPLIED WARRANTIES, WHICH IMPLIED WARRANTIES SHALL INCLUDE BUT NOT BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SITE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SERVICES; AND (III) DAMAGE TO YOUR HARDWARE RESULTING FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
HCPS PROVIDING INFORMATION (THE "HCP INFORMATION") ARE SOLELY RESPONSIBLE FOR THE HCP INFORMATION. NEITHER WE NOR THE HCPS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY HCP INFORMATION REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTION, OR APPLICATION OF MEDICATION. UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE HCP INFORMATION OR THE SERVICES, WILL THE HCPS OR SUCH HCP'S EMPLOYER OR SPONSOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR HARM–INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE HCP (AND SUCH HCP'S EMPLOYER AND/OR SPONSOR) SHALL HAVE ANY LIABILITY IN CONNECTION WITH THE SERVICES FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THE HCP'S ACTIONS, OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING THE HCP INFORMATION; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN SUCH INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION. THIS MEANS YOU SHOULD NOT RELY ON THE HCP INFORMATION OR MAKE MEDICAL OR OTHER IMPORTANT DECISIONS BASED ON IT, AND IT ALSO MEANS THAT NEITHER WE NOR THE HCP ARE RESPONSIBLE FOR WHAT YOU DO OR DON'T DO WITH THE HCP INFORMATION. FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS, SEE YOUR PERSONAL PHYSICIAN OR EXPERT HEALTHCARE PROVIDER.
NEITHER WE NOR ANY HCP ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY YOUR USE OR MISUSE OF THE CONTENT (INCLUDING THE HCP INFORMATION). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE THE SERVICES OR ANY CONTENT (INCLUDING THE HCP INFORMATION) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You shall defend, indemnify, and hold harmless (i) us and our employees, contractors, officers and directors and (ii) the HCPs, from all liabilities, damages, expenses, and other losses, including attorney’s fees, that are based on claims arising from (i) your use or misuse of the Services and/or the Content; (ii) your breach of these Terms; or (iii) your breach of any law or the rights of a third party. We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, you will cooperate with us in asserting any available defenses.
14. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site or the Content shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of California and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
15. Integration and Severability
The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Services. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.
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.
If you have any questions about this Notice, please contact ConsejoSano at firstname.lastname@example.org or calling our toll free number (855) 422-0234. If you are having a medical emergency and you need an ambulance or a paramedic, please hang up and dial 911. Do not consult ConsejoSano in the event of an emergency.
ConsejoSano services are not intended, nor should they be understood, to replace your relationship with your treating physician(s). ConsejoSano representatives live in Mexico, do not hold U.S. licenses, and only act as health counselors.
WHO WILL FOLLOW THIS NOTICE
This Notice describes ConsejoSano’s privacy practices.
OUR PLEDGE REGARDING MEDICAL INFORMATION
We understand that confidential medical information about you and your health is personal. We are committed to protecting medical information about you. We create a record of the health information you receive. We need this record to facilitate your care and to comply with certain legal requirements. Your treating physician(s) may have different policies or notices regarding their uses and disclosures of your medical information created in your treating physician(s) office or clinic.
This Notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.
We are required by law to:
- Make sure that medical information that identifies you is kept private (with certain exceptions);
- Give you this Notice of our legal duties and privacy practices with respect to medical information about you; and
- Follow the terms of the Notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU
The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.
DISCLOSURE AT YOUR REQUEST
We may disclose information when requested by you. This disclosure at your request may require a written authorization from you.
We may use medical information about you to offer general health information. We may disclose medical information about you to your treating physicians, nurses, or other personnel involved in your care. For example, we may disclose to your treating physician if you are having symptoms related to diabetes.
We may use and disclose medical information about you so that the treatment and services you receive may be billed and payment may be collected from you, your employer, an insurance company or a third party. For example, we may need information about your call with us so that you, your employer or insurer will pay us for the services we provide.
FOR HEALTH CARE OPERATIONS
We may use and disclose medical information about you for health care operations. These uses and disclosures are necessary for ConsejoSano’s operations. For example, we may use medical information to review our services and to evaluate the performance of our staff in caring for you.
TO CONTACT YOU
We may use the information you provide to contact you regarding customer satisfaction or on-going engagement with our services. We may contact you by email, SMS text message, direct mail, or phone call, unless you instruct us to not contact you by any of these methods. In all instances, we will make reasonable efforts to maintain the privacy of your information.
FUNDRAISING, We may use information about you, or disclose such information in an effort to raise money for our operations. You have the right to opt out of receiving fundraising communications. If you receive a fundraising communication, it will tell you how to opt out.
MARKETING AND SALE
Most uses and disclosures of medical information for marketing purposes, and disclosures that constitute a sale of medical information, require your authorization.
TO INDIVIDUALS INVOLVED IN YOUR CARE OR PAYMENT FOR YOUR CARE
Unless there is a specific written request from you to the contrary, we may release medical information about you to a friend or family member who is involved in your medical care. We may also give information to someone who helps pay for your care.
In addition, we may disclose medical information about you to an organization assisting in a disaster relief effort so that your family can be notified about your condition, status and location.
Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health outcomes of patients who adhered to certain protocols or made use of services as opposed to those who did not.
AS REQUIRED BY LAW
We will disclose medical information about you when required to do so by federal, state or local law.
TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY
We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.
ORGAN AND TISSUE DONATION
We may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
MILITARY AND VETERANS
If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
PUBLIC HEALTH ACTIVITIES
We may disclose medical information about you for public health activities. These activities generally include the following:
- To prevent or control disease, injury or disability;
- To report births and deaths;
- To report regarding the abuse or neglect of children, elders and dependent adults;
- To report reactions to medications or problems with products;
- To notify people of recalls of products they may be using;
- To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
- To notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law;
- To notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws.
HEALTH OVERSIGHT ACTIVITIES
We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.
LAWSUITS AND DISPUTES
If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting the information requested.
We may release medical information if asked to do so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or similar process;
- To identify or locate a suspect, fugitive, material witness, or missing person;
- About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
- About a death we believe may be the result of criminal conduct;
- About criminal conduct at the hospital; and
- In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
CORONERS, MEDICAL EXAMINERS AND FUNERAL DIRECTORS
We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties.
NATIONAL SECURITY AND INTELLIGENCE ACTIVITIES
We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
PROTECTIVE SERVICES FOR THE PRESIDENT AND OTHERS
We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.
If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may disclose medical information about you to the correctional institution or law enforcement official. This disclosure would be necessary 1) for the institution to provide you with health care; 2) to protect your health and safety or the health and safety of others; or 3) for the safety and security of the correctional institution.
MULTIDISCIPLINARY PERSONNEL TEAMS
We may disclose health information to a multidisciplinary personnel team relevant to the prevention, identification, management or treatment of an abused child and the child’s parents, or elder abuse and neglect.
SPECIAL CATEGORIES OF INFORMATION
In some circumstances, your health information may be subject to restrictions that may limit or preclude some uses or disclosures described in this Notice. For example, there are special restrictions on the use or disclosure of certain categories of information — e.g., tests for HIV or treatment for mental health conditions or alcohol and drug abuse. Government health benefit programs, such as Medi-Cal, may also limit the disclosure of beneficiary information for purposes unrelated to the program.
YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU
You have the following rights regarding medical information we maintain about you.
RIGHT TO INSPECT AND COPY
You have the right to inspect and obtain a copy of medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but may not include some mental health information. To inspect and obtain a copy of medical information that may be used to make decisions about you, you must submit your request in writing to email@example.com; or calling our toll free number (855) 422-0234. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.
We may deny your request to inspect and obtain a copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. A licensed health care professional chosen by us will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
RIGHT TO AMEND
If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for us.
To request an amendment, your request must be made in writing and submitted to firstname.lastname@example.org; or calling our toll free number (855) 422-0234. In addition, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
- Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the medical information kept by or for us;
- Is not part of the information which you would be permitted to inspect and copy; or
- Is accurate and complete.
Even if we deny your request for amendment, you have the right to submit a written addendum, not to exceed 250 words, with respect to any item or statement in your record you believe is incomplete or incorrect. If you clearly indicate in writing that you want the addendum to be made part of your medical record we will attach it to your records and include it whenever we make a disclosure of the item or statement you believe to be incomplete or incorrect.
RIGHT TO AN ACCOUNTING OF DISCLOSURES e
You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of medical information about you other than our own uses for treatment, payment and health care operations (as those functions are described above), and with other exceptions pursuant to the law.
To request this list or accounting of disclosures, you must submit your request in writing to email@example.com; or calling our toll free number (855) 422-0234. Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. In addition, we will notify you as required by law following a breach of your unsecured protected health information.
RIGHT TO REQUEST RESTRICTIONS
You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had.
We are not required to agree to your request, except to the extent that you request us to restrict disclosure to a health plan or insurer for payment or health care operations purposes if you, or someone else on your behalf (other than the health plan or insurer), has paid for the item or service out of pocket in full. Even if you request this special restriction, we can disclose the information to a health plan or insurer for purposes of treating you.
If we agree to another special restriction, we will comply with your request unless the information is needed to provide you emergency treatment.
To request restrictions, you must make your request in writing to legal @consejosano.com; or calling our toll free number (855) 422-0234. In your request, you must tell us 1) what information you want to limit; 2) whether you want to limit our use, disclosure or both; and 3) to whom you want the limits to apply, for example, disclosures to your spouse.
RIGHT TO REQUEST CONFIDENTIAL COMMUNICATIONS
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at home or by telephone.
To request confidential communications, you must make your request in writing to firstname.lastname@example.org; or calling our toll free number (855) 422-0234. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
RIGHT TO A PAPER COPY OF THIS NOTICE
You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this notice.
To obtain a paper copy of this Notice, please contact us at email@example.com; or calling our toll free number (855) 422-0234.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for medical information we already have about you as well as any information we receive in the future. The Notice will contain the effective date on the first page, in the top right-hand corner. In addition, each time you use our services, we will offer you a copy of the current Notice in effect.
If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with us, contact us at firstname.lastname@example.org; or calling our toll free number (855) 422-0234. All complaints must be submitted in writing.
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical information not covered by this Notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, this will stop any further use or disclosure of your medical information for the purposes covered by your written authorization, except if we have already acted in reliance on your permission. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.
If you would like a translation of these SMS (Text Messaging) Terms of Service and Use (“Terms of Service”), please contact us at email@example.com
If you are reading these Terms of Service, you probably received a text message from us with a link to this document. ConsejoSano, Inc. (“we,” “us,” “our,” or “ConsejoSano”) was retained to connect you with certain services your health plan or healthcare provider may offer to you without charge. We received your mobile number from your health plan or medical provider because you indicated an interest in receiving text messages about appointments, campaigns, and available services. We will engage with you via text message for your convenience, based on the terms and assurances we provide you below.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND UNDERSTAND THEM BEFORE YOU PROCEED because the terms and conditions form a binding agreement between you and us regarding text messages we exchange. If you respond to any of our text messages, it will mean you read, understood and expressly agree to the terms in these Terms of Service and that you will use the text message services only in accordance with all of the terms and conditions herein and all other applicable agreements, information, services, materials and other content provided by or through ConsejoSano and/or your health plan or provider. You may not use the services if you do not agree to all of such terms and conditions, including the arbitration and indemnity provisions, unless otherwise agreed or permitted by law. Therefore, if any term below is unacceptable to you, please text “STOP” when you receive a text message.
- You must be 18 years of age or older to receive the SMS (texting) services. By responding to a text message from us, you represent that you are over the age of 18 or other legal age under applicable state law, have the necessary capacity or authority to enter binding agreements like this, or are a consenting parent or legal guardian with full authority to accept these terms of Service and to bind the user to these terms. If you are under 18 or other legal age or a parent/legal guardian and you do not have such authority or do not agree to these terms, please text us immediately.
Children under the age of 13 may not use the services under any circumstances unless a parent or other guardian with full legal authority contacts us to receive for a Consent And Authorization To Provide Services To Children Under The Age Of 13, In Compliance With The Children’s Online Privacy Protection Act (“COPPA Consent”), and reviews, completes, understands, verifies, submits and follows the COPPA Consent. The required COPPA Consent form and verification must be returned to ConsejoSano and you must receive an approval before a child under 13 may use the services.
- ParentS/GuardianS agree to fully indemnify and hold harmless ConsejoSano against any and all claims and damages if a Registered User who is a minor breaches any of these Terms of service. We will only send you healthcare related messages like appointment reminders; information about screenings, preventative care, including reminders about vaccines and immunizations, and special healthcare events; information about other services that are designed to improve your quality of life, medical care, and health; invitations to chat so we can make sure you have access to needed services; and general education on healthcare conditions, prevention, and wellness, as reviewed and approved by your health plan or provider. At times, we may invite you to provide information so that your health plan or provider can assess your healthcare needs. These assessments may be performed by text, in-person, or phone. If you prefer that we use text messages, you will be prompted to consent to provide answers to survey questions via text message; it is always your choice whether or not to send responses to assessment questions over text message. All of these and the text messages we will send you are the “services” subject to this agreement.
- We will never send you advertisements or bill collection messages and we will not text you about eligibility redeterminations.
- The texts you receive will not be from physicians or other healthcare providers offering you medical advice, and we request that you not ask us for any information about your medical condition or treatment. ConsejoSano does not provide any medical services, practice medicine or any other licensed healthcare profession and does not interfere with the practice of medicine or any other practice by physicians or other licensed practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. ConsejoSano performs the kind of work that a health plan or physician staff or service may provide to you, including reminding you about appointments and collecting and securely maintaining information about you to ensure you have the information you need to take advantage of health care services.
- We will not text you outside the hours of 8 a.m. and 8 p.m.
- Message frequency will vary. In general, we will send not more than 1 text per day or 3 texts per week, and the messages will be brief.
- Most text messages will be drafted and sent to you by a real person, not a computer.
- If you have any complaints about our services, just text us and we will provide you with information about how to lodge the complaint with your health plan or provider.
- If you have an immediate health concern, for example if you are having suicidal thoughts or facing a mental health, substance abuse, or social need like housing or food, please let us know. We will share your concern and your texts to us with your health plan in case they can offer help.
- You can cancel the SMS service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you one more SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up by texting START and we will start sending SMS messages to you again. If you do not opt out by texting “STOP,” you will be considered “opted in.” As a courtesy, a message will be re-sent to you approximately every six months to remind members as to why they receive the messages and what their options are.
- You have the option to receive text messages in your primary and/or preferred language, including the following: Arabic, Armenian, Cambodian, Cantonese, English, Farsi, Hmong, Korean, Laotian, Mandarin, Portuguese, Russian, Spanish, Tagalog, Thai, and Vietnamese.
- If at any time you forget how to use our services, just text "HELP" and we will try to respond at our earliest convenience.
- We can deliver messages to you if your mobile phone account is with one of the following carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Disclaimer: Carriers are not liable for delayed or undelivered messages.
- You will receive text messages from us that say “Msg & data rates may apply.” This message means that standard message rates and data charges from your carrier could apply when you receive text messages from us or when you send messages to us. However, if you receive text messages that say "FREE MSG." it means these messages are free to end user; so standard message rates and data charges from your carrier do not apply when you receive text messages from us or when you send messages to us. (These messages are sent only for those users who are subscribed under the Free Text to End User program). If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- If you do not have an unlimited texting plan with your mobile carrier and incur charges from the SMS messages we send, we will assist you in seeking compensation for any text messages. If you receive text messages that say “FREE MSG”, it means these messages are free to end user; so standard message rates and data charges from your carrier do not apply when you receive text messages from us or when you send messages to us. (These messages are sent only for users who are subscribed under the Free Text to End User program). Just text “HELP” and our team will try to contact you at our earliest convenience.
- Services offered or provided to you via text messages may have their own terms and conditions. These Terms of Service do not alter in any way the terms or conditions of any written terms, conditions, rules, or agreements you may have or will have with us, health plans, your doctor, other providers or other third parties (“Other Agreements”). If there is any conflict between the Terms of Service and Other Agreements, the terms of the more specific Other Agreements will govern.
- If you believe that you are entitled or obligated to act contrary to these Terms of Service under any law, you will provide us with detailed explanation of your reasons in writing at least 30 days before you take action that is contrary to these Terms of Service to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
- Questions about the services or these Terms of Service may be directed to firstname.lastname@example.org
- We may collect data from you, including answers to health-related questions, as described in our Privacy Notice. You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that you violated any provision or aspect of these Terms of Service, we may deny or terminate your access to the services (or any portion thereof). By providing information to us, you represent and warrant that you are authorized or entitled to submit the information, that you are doing so voluntarily and not in violation of any contractual restrictions or third-party rights.
- You agree not to use our text messages or the services described in them for commercial or public purposes, and that you will not: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the services or disobey any requirements, procedures, policies or regulations connected to the services; and/or f) attempt to gain unauthorized access to any portion of the services or any other accounts, computer systems, or networks connected to the services, whether through hacking, password mining, or any other means.
- You acknowledge and agree that all legal right, title and interest in and to the services are owned by your health plan or provider, ConsejoSano, and/or another third party, all of whom reserve their rights, and that ConsejoSano owns all rights not expressly granted in and to the services. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without express written consent or the express written consent of the copyright owner or licensor. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the services (or any of them) if you violate someone’s intellectual property rights.
- You acknowledge and agree that the services do not violate any copyright interests you hold. Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the services or us, please provide written notice to the following:
However, please also note that for copyright infringements under section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received a Digital Millennium Copyright Act of 1998 take-down notice.
- We may provide links to third-party websites. If we do, we are not obligated to review such third-party websites, we do not control them, and we are not responsible for the products, services, or content available through any of them. Further, we do not endorse or make any representations about such third-party websites, and/or any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any third-party websites we may link from the services, you do this entirely at your own risk.
- You also agree that use of the services is at your sole risk and that the services are provided on an “as is” and “as available” basis. ConsejoSano expressly disclaims all warranties of any kind, whether express or implied, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. ConsejoSano makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free. Further, ConsejoSano does not make any warranty as to the results that may be obtained from the use of the services, or that defects in the services will be corrected. You understand and agree that you obtain any material through the use of the services at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results, and that no advice or information, whether oral or written, obtained by you from ConsejoSano or through the services will create any warranty not expressly made herein.
The services are not intended to provide a substitute for your own sound and reasonably prudent judgment. Persons using the services assume full responsibility for the use of the services, materials and other information provided and agree that ConsejoSano is not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the content obtained or used by you is solely at your own risk except as provided by law.
- You understand that, to the extent permitted under applicable law, in no event will ConsejoSano or any of our owners, subsidiaries, affiliated companies, employees, shareholders, or directors (“ConsejoSano affiliates”) be cumulatively liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. If you are dissatisfied with any portion of the services, your sole and exclusive remedy is to discontinue use of the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, you agree that the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- You and ConsejoSano agree that all claims arising out of, or related to, this agreement must be resolved exclusively by binding arbitration located in Los Angeles, California, as administered by JAMS or the American Health Lawyers’ Association under the applicable rules then in effect except as otherwise agreed by the parties or as described below. The parties agree that the federal arbitration act will not apply to disputes arising out of or related to this agreement. You and ConsejoSano agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating any refusal to arbitrate. Notwithstanding the above, you agree that ConsejoSano shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the services or any content or other material used or displayed through the services.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a costeffective manner through binding non-appearance-based arbitration, in which case you and ConsejoSano must comply with the following rules:
- You and ConsejoSano will each waive any right to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Unless otherwise agreed, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
- Our failure to act with respect to a breach or violation by you or others of these Terms of Service does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- You and ConsejoSano agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- ConsejoSano complies with California’s Privacy Rights for California Minors in the Digital World Act (“PRCM”), which prohibits marketing or advertising to minors any dietary supplement products containing ephedrine group alkaloids, including androstanediol, androstenedione, androstenedione, norandrostenediol, norandrostenedione, or dehydroepiandrosterone. The PRCM also prohibits identifying minors in some situations not applicable here. Nonetheless, we will not intentionally identify minors without duly authorized express consent.