Privacy Policy

THIS PRIVACY POLICY IS BOTH AN AGREEMENT HEREBY ENTERED INTO BY YOU AND TRUCLINIC, AND ALSO THE POLICY OF TRUCLINIC IN MAKING THE SERVICES AVAILABLE TO YOU.

TruClinic. ("The Company") has created this privacy statement to demonstrate our firm commitment to privacy. The TruClinic Web site provides subscribers with the ability to store, manage and access their information and records online. We understand that health is a personal and private matter, and we do not want you to have to be concerned about the security or use of any information you provide to us. Except as required by law and to maintain the Web site (as discussed in detail in the "Disclosure" section below), no one, except you and those you authorize can access the encrypted subscriber information. The following discloses our information gathering and dissemination practices for the web application, TruClinic.

We Hold Ourselves Accountable Under Our Privacy Principles. TruClinic is committed to meeting the highest standards for our privacy program. A senior TruClinic official serves as the company-wide privacy officer with responsibility for administering TruClinic’s privacy program, including communicating and enforcing its Privacy Principles with its employees and contractors. We may also ask you to provide personally identifiable information on the Site, which may include your name, address, telephone number, fax number, company name, or e-mail address. This information can be gathered when you send us feedback or an email, when you register for certain services, or directly in response to inquires on the Site. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Site may not be available to you if you do not provide the PII requested.

This TruClinic Privacy Statement (“Privacy Statement”) is designed to notify you (together with the organization with which you are associated, “You” or “Your”) about how TruClinic (together with its affiliates and subsidiaries, “TruClinic,” “We,” “Us,” or “Our”) collects, uses, discloses, transfers, and otherwise processes information that identifies You or that is reasonably identifiable to You (“Personal Information”) that We collect on or through Your use of Our TruClinic Website (the “Site”) only. This Privacy Statement does not apply to any password-protected portions of TruClinic that are subject to a separate privacy policy, any other sites hosted or maintained by TruClinic, or any other online or offline collection, use, disclosure or other processing of personally identifiable information by TruClinic.

ENFORCEMENT

Any dispute relating in any way to your visit to TruClinic or to TruClinic’s Privacy Policy, privacy practices, or the implementation thereof shall be submitted to confidential arbitration; except that, to the extent you have in any manner violated or threatened to violate TruClinic's intellectual property rights. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

The Health Insurance Portability and Accountability Act (HIPAA):

TruClinic has developed and implemented policies and procedures to comply with the privacy and security requirements of the Health Insurance Portability and Accountability Act and its associated regulations ("HIPAA") with respect to Protected Health Information as defined by HIPAA.

The Department of Health and Human Services has established a “Privacy Rule” to help insure that personal healthcare information is protected for privacy. TruClinic is fully compliant with government rules and regulations regarding the Health Insurance Portability and Accountability Act (HIPAA), and we adhere to the very highest standards of ethics and integrity in performing services for our clients. We believe that our Compliance Program will prevent any inappropriate use of your personal health information.

HIPAA AT TRUCLINIC

As a key provider of services and technology to the healthcare industry, TruClinic and its affiliated companies collectively, ("TruClinic") have implemented programs to address the transaction standards, and the privacy and security implications of the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

Every one of our employees, contractors, and consultants whose job might allow them to come into contact with your Personal Information has completed HIPAA training and job-specific training on how to protect and respect your Personal Information, including your PHI. We have clear policies in place in the event of a privacy or security concern regarding your Personal Information, so we can react quickly and resolve the issue appropriately. We will limit access to your Personal Information to personnel who have a need to know it for purposes of delivering our Services. All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or face disciplinary action, up to and including termination.

SAFE HARBOR AND TRUCLINIC

TruClinic complies with the seven Safe Harbor Privacy Principles, which require the following: 

  1. Notice Organizations must notify individuals about the purposes for which they collect and use information about them. They must provide information about how individuals can contact the organization with any inquiries or complaints, the types of third parties to which they disclose the information and the choices and means the organization offers for limiting its use and disclosure.
  2. Choice Organizations must give individuals the opportunity to choose (opt out) whether their personal information will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive information, affirmative or explicit (opt in) choice must be given if the information is to be disclosed to a third party or used for a purpose other than its original purpose or the purpose authorized subsequently by the individual. 
  3. Onward Transfer (Transfers to Third Parties) - To disclose information to a third party, organizations must apply the notice and choice principles. Where an organization wishes to transfer information to a third party that is acting as an agent, it may do so if it makes sure that the third party subscribes to the Safe Harbor Privacy Principles or is subject to the Directive or another adequacy finding. As an alternative, the organization can enter into a written agreement with such third party requiring that the third party provide at least the same level of privacy protection as is required by the relevant principles. 
  4. Access - Individuals must have access to personal information about themselves that an organization holds and be able to correct, amend, or delete that information where it is inaccurate, except where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where the rights of persons other than the individual would be violated. 
  5. Security Organizations must take reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. 
  6. Data integrity Personal information must be relevant for the purposes for which it is to be used. An organization should take reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current. 
  7. Enforcement - In order to ensure compliance with the Safe Harbor Privacy Principles, there must be (a) readily available and affordable independent recourse mechanisms so that each individual’s complaints and disputes can be investigated and resolved and damages awarded where the applicable law or private sector initiatives so provide; (b) procedures for verifying that the commitments companies make to adhere to the Safe Harbor Privacy Principles have been implemented; and (c) obligations to remedy problems arising out of a failure to comply with the Safe Harbor Privacy Principles. Sanctions must be sufficiently rigorous to ensure compliance by the organization. Organizations that fail to provide annual self-certification letters reaffirming their commitment to the U.S.-EU Safe Harbor Framework and/or the U.S.-Swiss Safe Harbor Framework will no longer be assured of the relevant Safe Harbor benefits and may ultimately be removed from the list of participants maintained on the Safe Harbor website.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

TruClinic respects the intellectual property of others, and we ask our customers to do the same. TruClinic may, in appropriate circumstances and at its discretion, terminate the account or access of customers who infringe the intellectual property rights of others.

PERSONAL INFORMATION

Upon subscribing to our services, we collect Business Information which may include information such as customer ID, and your customer profile information, in order to identify you and authorize your access and use of the services and provide you with your relevant account information.

By submitting any information to Us through the Site, You represent and warrant that such submission is accurate to the best of Your knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. If You provide Us any business, product, or services ideas (including those related to new, improved, or enhanced software applications), You agree that We have no obligation to review or consider such information or keep it confidential, and for no additional consideration, We have an unlimited right to copy, distribute, or otherwise use all such information and You hereby waive any and all associated moral rights (or the like).

When you visit TruClinic’s website, certain information regarding your time at the website is automatically collected. The information collected includes, but is not limited to, the date and time you accessed the site, the pages viewed, the IP address that accessed the site, the browser type that accessed the site, the operating system that accessed the site, and the website from which you linked to TruClinic’s site. The primary purpose for this collection of information is for statistical analysis and to help make the site better for users. Your use of the website and the actions you take while on TruClinic's website represent your consent for TruClinic to use the information collected.

We may collect and possibly share Personal Information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected or potential fraud, brand protection matters (such as gray market sales or use of TruClinic's trademark without a license), situations involving potential threats to the physical safety of any person, violations of TruClinic's terms of use, or as otherwise required by law.

COMMUNICATION

Through your use of telecommunications services to access our Web site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

If we decide to change our privacy practices, we will post those changes in a revised Privacy Statement on our Website so that you are always kept informed of what data we collect, how we use it, and under what circumstances we disclose it. Please check our Website for changes from time to time to make sure you are aware of our latest privacy practices.

In cases when TruClinic may need personal information to provide users with customized content or to inform them about new features or services, users are explicitly asked for that information.

INFORMATION GATHERING

The following discloses TruClinic's information gathering and dissemination practices for TruClinic.com. Additional terms and conditions, if any, regarding the collection and use of your information may also be provided to you before you sign up for a particular service (i.e. User Login Sites / TruClinic owned web-based services). Here you will learn what personally identifiable information of yours is collected, how and when TruClinic might use your information, how TruClinic protects your information, who has access to your information, and how you can correct any inaccuracies in the information.

The only information TruClinic obtains about individual users to its Web site is that supplied voluntarily by users.

There are times when TruClinic may deny access to your personal information such as: This Privacy Policy describes how we protect your privacy as a general user of the Services, not as a patient receiving mental health advice or consultation through the Services from a Treatment Provider. If you are a patient receiving mental health advice or consultations through the Services from a Treatment Provider, you have other rights with respect to the access, use, and disclosure of PHI. For a more complete description of a patient’s rights under HIPAA, please refer to your Treatment Provider’s Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.

TruClinic takes reasonable steps to keep your personal information secure. Personal information about individuals is stored on servers that sit behind a firewall and is physically housed within a secure data center. Employee access to personal information is limited.

YOUR PROTECTION

TruClinic, its subsidiaries and its affiliates ("TruClinic") is committed to protecting the privacy and security of its users. TruClinic's goal is to provide you with a personalized Internet experience that delivers the information, resources and services that are most relevant and helpful to you. In order to achieve this goal, TruClinic sometimes collects information during your visits to understand what differentiates you from other users of TruClinic.com. TruClinic operates under the following set of strict privacy principles.

USER CONSENT

By submitting Personal Information through the Site, You agree to the terms of this Privacy Policy and You expressly consent to the processing of Your Personal Information according to this Privacy Policy. Your Personal Information may be processed by Us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in Your country.

We are dedicated to maintaining the privacy and integrity 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 your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care. In providing the Services, we will receive and create records containing your PHI. We are required by law to maintain the privacy and confidentiality of your PHI, and we operate the Services consistent with applicable federal and state laws governing health information privacy and security.

We believe that choice in how and when you are contacted is key to customer satisfaction, so we offer several ways for you to update your contact information, change your preferences, or opt out of receiving future communications.

We may respond to subpoenas, court orders, or legal process by disclosing your Personal Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims and use your Personal Information in this regard as appropriate. We may share aggregate or anonymous information in various formats with trusted non-TruClinic entities, and may work with those entities to do research and provide products and services.

We retain the personal information we collect from you for as long as the information is relevant to our business purposes as set out above or until you request that we remove the data by contacting our Privacy Officer.

We use recognized industry safeguards to protect personally identifiable information from unauthorized access or use. We will employ industry recognized security safeguards to protect the personally identifiable information that you have provided to us from loss, misuse and unauthorized alteration. If you are required to transmit sensitive information (such as Social Security and/or credit information) to us through our Web site, we will provide you access to our secure server that allows encryption of your data as it is transmitted to us. We will protect personally identifiable information stored on the site's servers from unauthorized access using commercially available computer security products (e.g., firewalls), as well as carefully developed security procedures and practices. TruClinic has been certified by third parties to security standards such as ISO 27001:2005 and has completed SAS 70 certifications.

We will ask for your consent before we use or share your information for any purpose other than the reason you provided it or as otherwise provided by this TruClinic Privacy Statement. To let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.

We will give you options about how the personal information that you provide us may be used. Before we use your personal information for any purpose, we will give you choices about whether or not to allow us to engage in that use. We will give you the opportunity to keep us from using or sharing the personal information that you have provided to us for purposes other than to fulfill your request. To exercise this choice, we will allow you to notify us of your preferences during the information collection process. If there are third parties that process TruClinic data, we will require them to hold all personally-identifiable information confidential, and to use our customer information only for the purpose of fulfilling their business obligation. TruClinic does not sell personally identifiable information to third party marketers.

The Department of Health and Human Services has established a “Privacy Rule” to help insure that personal healthcare information is protected for privacy. TruClinic is fully compliant with government rules and regulations regarding the Health Insurance Portability and Accountability Act (HIPAA), and we adhere to the very highest standards of ethics and integrity in performing services for our clients. We believe that our Compliance Program will prevent any inappropriate use of your personal health information.

You are under no obligation to provide us with this Personal Information. We use your Personal Information to provide the Services and administer your inquiries. You may change or delete any information that you provide. Please see “Changing or Deleting Your Information” below for further information.

ACCESS

Your Ability to Access, Update or Remove Your Information, If you would like to access or change any of your personal information which we hold please email us at privacy@truclinic.com. You may also request the removal or correction of your personal information held by us by sending an email to the same address. If you choose to remove your information, we may retain some personal information to the extent required to prevent fraud, resolve disputes, troubleshoot problems, enforce TruClinic's Website Terms and Conditions, respect your opt-out preferences, and comply with legal requirements as permitted by law.

INTERNET

IP Addresses (Server Log Information): 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. TruClinic collects IP addresses in order to conduct system administration, report aggregate information to affiliates, subsidiaries, sponsors, advertisers or partners, and to conduct site analysis. TruClinic will also use IP addresses to identify any users who refuse to comply with TruClinic's Terms of Use Agreement, and to identify users who threaten TruClinic's service, site, user, customers or others.

REGISTRATION (USER-SUPPLIED INFORMATION)

TruClinic.com site registration systems require users to give TruClinic contact information such as their name and e-mail address, and demographic information such as a ZIP code, income level, organization and/or role. The user's contact information is used to contact the user when necessary. Users may choose (opt-in) to receive future mailings; see the choice/opt-in section below. TruClinic uses this data to tailor the user's experience at TruClinic.com, showing the user content that reflects their stated preferences. This information may be shared with affiliates, subsidiaries, sponsors, advertisers or partners on an aggregate basis, but it does not indicate the identity of individual users.

EMAIL REGISTRATION

Patient E-Mail: E-mail that we send or arrange with our service providers to send on behalf of our medical practice clients to the patients of those clients in order to perform, complete, or confirm services that those patients have requested from clients and e-mail that is generated through patients' use of our clients' patient web portals is classified by us as transactional and/or relationship content e-mail that is integral to our client services. We do not provide a means of opt-out from such e-mail. In those cases in which we believe patient e-mail is not primarily for transactional/relationship purposes, the e-mail will include capability to opt-out of receiving further e-mails from us, if the patient wishes to do so, and that capability will be consistent with applicable laws and regulations.

If you register your e-mail address with us, we use such information provided by you for internal purposes, and may send you information about new TruClinic.com Site features, services, or updates, information about our company and promotional material or offers from some of our corporate partners, and other news.

LINKS

You agree to not conduct or forward surveys, contests, pyramid schemes or chain letters, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

TruClinic Customers may access and use parts of this website as authorized by each Customer's Agreement and through the use of an authorized login and password. Other Authorized Users may access those parts of the website which are within the scope of the authorization. Authorization will be verified through an authentication procedure including but not limited to a login and password.

TruClinic will never send you an email asking for credit card or bank account numbers or any other financial information. If you receive a suspicious message that looks like it came from TruClinic, do not respond. Do Not Download any file posted by another user of TruClinic that you know, or reasonably should know, this cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Note the secure pages. When you submit Personal Information, there are two (2) things you should look for when you come to secure or safe pages: A lock symbol or icon will appear on the right side of the bottom bar on the page. The letters "https" will appear first in your address bar at the very top of the page.

Please note that you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your TruClinic password or account. It is your sole responsibility to control the dissemination and use of activation codes and passwords; authorize, monitor, and control access to and use of your TruClinic account and password; promptly inform TruClinic of any need to deactivate a password. You grant TruClinic and all other persons or entities involved in the operation of TruClinic's web-site and TruClinic's right to receive, transmit, monitor, retrieve, store, and use your Physician or Practice Information, including information which may be privileged and confidential under applicable state and federal laws, in connection with the operation of TruClinic. TruClinic cannot and does not assume any responsibility or liability for any information you submit to TruClinic or third parties' use or misuse of information transmitted or received using TruClinic.

The TruClinic Web Site may contain chat areas, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "TruClinic"), you agree to use the TruClinic only to post, send and receive messages and material that are proper and related to the particular TruClinic.

TruClinic has no obligation to monitor the TruClinic Services. However, TruClinic reserves the right to review materials posted to TruClinic Service and to remove any materials in its sole discretion. TruClinic reserves the right to terminate your access to any or all of the TruClinic Services at any time without notice for any reason whatsoever.

Only authorized TruClinic employees are permitted to access your Physician and Practice information. All TruClinic employees must abide by our Privacy Policy and those who violate our Privacy Policy are subject to disciplinary action, up to and including termination.

You must not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. You must not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

You must not violate any code of conduct or other guidelines which may be applicable for any particular TruClinic.

PAYMENT INFORMATION

If You are submitting payment information via this Site, We collect Your payment information for the purpose of allowing You to pay for service You purchase via the Site. To make any payments via the Site You will be required to give Us (or Our third party payment services providers) a valid credit card number and associated payment information at the time You are required to make such payments, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and (iv) any activation numbers or codes needed to charge Your card. You agree that no additional notice or consent is required before We (or Our third party payment services providers) invoice Your credit card provided to Us for all amounts due and payable. By providing Us or Our third party payment services providers with Your credit card number and associated payment information, You expressly agree that We or Our third party payment services providers are authorized to immediately invoice Your account for all fees and charges due and payable to Us as a result of Your activities on the Site that require payment. You agree to immediately notify Us of any change in Your invoicing address or the credit card used for payment hereunder. We use third-party processing companies (including credit card processing companies) for billing and payment purposes. These third parties may store or retain certain of Your Personal Information (as defined in the Privacy Policy) necessary to process such payments. These third parties do not have any right to use the Personal Information We provide to them beyond what is necessary to assist Us in processing payments.

WAIVER

YOU AGREE THAT NEITHER TRUCLINIC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF TRUCLINIC. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TRUCLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF TRUCLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF TRUCLINIC.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF TRUCLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL TRUCLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU 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 TRUCLINIC’S COMMUNITY ARE HEREBY EXCLUDED EVEN IF TRUCLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRUCLINIC EMPLOYEES

We know you are entrusting us with some of your most personal and valuable information, including your personal health information. Your trust is built, in part, on our commitment to respect the privacy and confidentiality of your health information. We are committed to safeguarding and protecting your personal information, including health information about you.

Personally identifiable information provided by users (name, e-mail or home address, etc.) will not be disclosed to anyone unless users indicate that TruClinic may do so.

Every one of our employees, contractors, and consultants whose job might allow them to come into contact with your Personal Information has completed HIPAA training and job-specific training on how to protect and respect your Personal Information, including your PHI. We have clear policies in place in the event of a privacy or security concern regarding your Personal Information, so we can react quickly and resolve the issue appropriately. We will limit access to your Personal Information to personnel who have a need to know it for purposes of delivering our Services. All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or face disciplinary action, up to and including termination.

We do not sell your Personal Information to anyone for direct marketing purposes without your consent. Period. We maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax, or legal purposes. We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by TruClinic. We require non-TruClinic affiliates acting on our behalf to protect any Personal Information they may receive in a manner consistent with this Policy. We do not allow them to use such information for any other purpose.

TruClinic does not automatically gather any personal information from you, such as your name, phone number, e-mail or address. This information is only obtained if you supply it voluntarily, usually through contacting us via e-mail, or registering in a secure portion of the Website. Any personal information you do provide is protected under applicable privacy law. This means that, at the point of collection, you will be informed that your personal information is being collected, the purpose for which it is being collected and that you have a right of access to the information.

SECURITY

Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Services by Internet or email, or any electronic storage system, cannot be guaranteed. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem). In addition, if you have privacy or data security related questions, please feel free to contact the office identified at the end of this document.

TruClinic requires users to provide unique identifiers, such as subscriber identification numbers, in order to log into some of the Web site pages. TruClinic utilizes these unique identifiers to verify the user’s identify and eligibility, in order to protect our members from the release of personally identifiable information to unauthorized users.

We employ administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. These measures include encrypting your communications by utilizing Secure Sockets Layer (“SSL”) software, and using a secured messaging service when we send your Personal Information electronically. In addition, when we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. All electronic PHI will be encrypted when we store it or transmit it, and we will use secure servers that we will back up daily.

TruClinic reserves the right, in its sole discretion, to terminate your access to the TruClinic Web Site and the related services or any portion thereof at any time, without notice. Use of the TruClinic Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TruClinic as a result of this agreement or use of the TruClinic Web Site. TruClinic's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TruClinic's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TruClinic Web Site or information provided to or gathered by TruClinic with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TruClinic with respect to the TruClinic Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TruClinic with respect to the TruClinic Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

We exercise great care in providing secure transmission of your information from your Internet connection to our servers. We also take great care to protect user-information off-line. Only authorized personnel handle your data. Finally, when in those situations when we rely on a third party to perform services or functions for us, that third party must agree to protect and safeguard your private information. However, no data transmission over the Internet can be guaranteed to be 100 percent secure and we will not be held liable should a third party illegally obtain your personal information. While we have made a great effort to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Our policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied to any manner contrary to applicable law or government regulation.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

PROVIDERS

When you use the Site to communicate with a Treatment Provider, such as by sending a message, proposing an appointment, accepting an appointment, or accessing mental health services, you will be sharing your Personal Information with a Treatment Provider via the Services. By using the Services, you expressly consent to sharing your Personal Information with your Treatment Provider, and you understand that all information shared with your Treatment Provider is subject to your Treatment Provider’s professional and legal duties of confidentiality and responsibility, which TruClinic does not control.

We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

CHILDREN

TruClinic is not intended for use by individuals under the age of 18 unless parental consent is provided. The Web site is a storage facility and only contains information about children to the extent you, the user, provides that information. It is your responsibility to protect your passwords and account information to prevent such use. Protecting passwords and other account information is particularly important if information about children under the age of 18 is stored on the Web site.

NOTE TO MINORS

TruClinic values the privacy of those under the age of 18 and does not wish to obtain any information from or about them via this site. If you are under 18 and are not supervised by an adult, please do not use this site. Parents are urged to monitor and supervise their children's on-line activity.

TruClinic will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child. The definition of "child" or "children" should take into account applicable laws as well as national and regional cultural customs.

The Site is a general audience site that is not designed or intended to collect Personal Information from children under the age of 13. TruClinic does not knowingly collect Personal Information through the Site from anyone under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.

The Children's Online Privacy Protection Act, effective April 21, 2000, applies to the online collection of personal information from children under 13. The new rules spell out what a Web site operator must include in a privacy policy, when and how to seek verifiable consent from a parent and what responsibilities an operator has to protect children's privacy and safety online.

The Children's Online Privacy Protection Act and Rule apply to individually identifiable information about a child that is collected online, such as full name, home address, email address, telephone number or any other information that would allow someone to identify or contact the child. The Act and Rule also cover other types of information -- for example, hobbies, interests and information collected through cookies or other types of tracking mechanisms -- when they are tied to individually identifiable information.

Verifiable Parental Consent ...Before collecting, using or disclosing personal information from a child, an operator must obtain verifiable parental consent from the child's parent. This means an operator must make reasonable efforts (taking into consideration available technology) to ensure that before personal information is collected from a child, a parent of the child receives notice of the operator's information practices and consents to those practices.