Legal & Privacy
Please check the date of revision of the various sections of the Legal & Privacy document below as they may have changed since your last visit.
Last Updated: March 1, 2019
Information contained in this Legal Notice is proprietary to WhatsUpDoc. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, in whole or in part, by any means electronic, mechanical or other otherwise, including photocopying and recording, for any purpose without written permission of WhatsUpDoc.
- WhatsUpDoc is not an insurance product or a prescription fulfillment warehouse.
- WhatsUpDoc does not replace the existing primary care physician relationship.
- Medical services rendered by your physician are subject to his / her professional judgment.
- WhatsUpDoc operates subject to state regulation and may not be available in certain states.
- WhatsUpDoc does not guarantee that a prescription will be written.
- Physicians responding to our Members do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.
- Physicians responding to our Members reserve the right to deny care for potential misuse of services.
- WhatsUpDocConnect and the WhatsUpDocConnect logo are trademarks of What’s Up Doc Ltd and may not be used without written permission.
© 2016, 2017, 2018, 2019, 2020 WhatsUpDoc Ltd
WhatsUpDocConnect is a trademark of What’s Up Doc Ltd. All other trademarks are the property of their respective owners.
WhatsUpDoc is not the original author of the software or other materials that are licensed by third parties ("Third-Party Code"). The notices and licenses contained herein that are applicable to the Third-Party Code are provided to you solely for your information. WhatsUpDoc, not the third party, licenses this Third-Party Code to you under the terms set forth in the license agreement for the Third-Party Code. WhatsUpDoc reserves all other rights not expressly granted pursuant to the license agreement for the Third-Party Code, whether by implication, estoppel, or otherwise.
Effective Date and Changes to this Legal Notice
This Legal Notice is effective as of the "Last Modified" Date at the top of this Legal Notice. We may change this Legal Notice from time to time. If we do, we will post the revised Legal Notice on this page and update the "Last Modified" date at the top. By continuing to use the Websites and/or Services following notice of such changes, you acknowledge such changes and agree to their terms and conditions.
Last Modified: March 1, 2019
In the event your employer has a written agreement with respect to the Services, that written agreement governs the relationship between your employer and WhatsUpDoc.
The Websites and Services facilitate access to healthcare professionals, enabling Members to report their health history and engage with licensed physicians and other professional providers ("Providers").
Providers who deliver Services through WhatsUpDoc are independent professionals practicing within a group of independently owned professional practices. WhatsUpDoc does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession. WhatsUpDoc does not furnish healthcare services or any other professional services directly to its Users or Members. Each Provider is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither WhatsUpDoc nor any third parties who promote the Websites or Services or provide a link to the Websites and Services shall be liable for any professional advice or treatment obtained from Providers via the Websites and Services.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL "911" IMMEDIATELY. WhatsUpDoc is not appropriate to address emergency or life-threatening medical conditions and should not be used for this purpose. WhatsUpDoc may direct you to an emergency room or other appropriate facility at any time.
Use of Websites and/or Services
You agree not to: upload, post, email, transmit, display on the Websites or make available through the use of any of the Services:
- any information that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or otherwise objectionable on the basis of race, ethnicity, religion or sexual orientation, including any communication that constitutes, or encourages conduct that would constitute, a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, or national law or regulation,
- any information that you do not have a right to make available under applicable law or under contractual or fiduciary relationships, including, but not limited to, insider information, and proprietary and confidential information obtained as part of an employment relationship or under any nondisclosure agreement,
- any information that infringes, violates, or misappropriates any privacy, patent, trademark, trade secret, copyright, publicity or other rights of any third party or entity,
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid or ponzi schemes, or any other improper form of solicitation, or
- any content or material that contains any virus, Trojan horse, worm, time bomb, bot or spider or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information.
You agree not to use any of the Services:
- to harm minors in any way,
- to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity,
- to violate any applicable local, state, or Federal laws or regulations including, but not limited to, regulations promulgated by the Federal Trade Commission, U.S. Securities and Exchange Commission, Department of Health and Human Services, or any rules or regulations of any Federal or other governmental regulatory agencies or bodies.
You agree not to:
- remove any proprietary notices from the Websites;
- hack or seek unauthorized access to or compromise the integrity of the Websites or Services (whether or not to obtain personal information),
- breach or attempt to breach the security of the Websites, Services or related servers and infrastructure,
- attempt to disrupt any Services, servers or networks; harvest or collect or store any personal data or information about Members or Users, or
- attempt to do any of the above.
You acknowledge, consent and agree that WhatsUpDoc may access, preserve and disclose account information, personal information or other information that you provide if WhatsUpDoc is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process,
- respond to claims that any such information violates the rights of any third parties,
- respond to your requests for customer service, or
- protect the rights, property or personal safety of WhatsUpDoc, its officers, directors, employees, partners, agents or members of the public. WhatsUpDoc’s use and disclosure of your Protected Health Information ("PHI") is set forth in the Notice of Privacy Practices.
Termination of Use
Content of the Websites and Services
WhatsUpDoc makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the Websites and Services, and shall not be bound in any manner by any information contained on the Websites and Services. WhatsUpDoc reserves the right to change the content or discontinue without notice, at any time, any aspect or feature of the Websites or Services.
Aside from personalized information you receive directly from WhatsUpDoc Providers through the Services, the content of the Websites and Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on the Websites or Services is solely at your own risk.
Consent to Treat
By accessing or using our Websites or Services, you consent to receive medical care from WhatsUpDoc Providers using electronic interactive audio, video or data communications, specifically through use of the Websites and Services, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records (each instance, a "Telemedicine Consultation"). You understand and agree to be treated via a Telemedicine Consultation, which inherently includes limitations presented by a virtual (not in-person) visit. You agree that it may not be medically appropriate or possible to select a specific provider of your choosing. You agree to accurately disclose your location prior to participating in a Telemedicine Consultation using the Websites and Services. WhatsUpDoc Providers will only be permitted to provide a Telemedicine Consultation to you if you are located in a state and jurisdiction in the United States in which WhatsUpDoc Providers are duly licensed to practice medicine. WhatsUpDoc does not warrant or otherwise guarantee the availability of a WhatsUpDoc medical provider to you.
During your Telemedicine Consultation, you consent to the following:
- Details of your medical information may be discussed with you and WhatsUpDoc Providers through the use of electronic interactive audio, video or data communications technology;
- Virtual examination of you may take place;
- Non-medical personnel may be present in the telemedicine studio, either physically or virtually, to aid in delivery of Services; and
- Video, audio, data, and/or digital photo may be recorded during the Telemedicine Consultation.
All existing laws regarding your access to medical information and copies of your medical records apply to your Telemedicine Consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your Telemedicine Consultation. All existing confidentiality protections under applicable Federal and state laws apply to information disclosed during your Telemedicine Consultation. By accessing or using our Websites or Services, you understand that there are risks and consequences from telemedicine, including, but not limited to, the possibility that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons and/or that the electronic storage of your medical information could be accessed by unauthorized persons.
You may withhold or withdraw consent to the Telemedicine Consultation at any time without affecting your right to future care or treatment.
Account Registration and Security
Each registration is for a single Member only. You understand and agree that only one account is permitted per Member. Each individual included in a family membership, will have his or her own account. You agree that you will not use alternate identifying information to create more than one Member account. You are responsible for maintaining the confidentiality of your login credentials and are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Websites and Services if you share your login credentials.
You agree to immediately notify WhatsUpDoc of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. WhatsUpDoc is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
Unlimited Doctor Visits
Fees and Terms
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing WhatsUpDoc with your credit card number and associated payment information (Payment Method), you agree that:
- WhatsUpDoc is authorized to immediately charge your credit card for all fees and charges due and payable to WhatsUpDoc hereunder,
- your credit card will be automatically charged each month for the cost of your monthly membership according to the plan you have selected, and
- no additional notice or consent is required.
If your health plan, employer or agency has arranged with WhatsUpDoc to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with WhatsUpDoc, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify WhatsUpDoc of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for your monthly membership fees. WhatsUpDoc does not provide refunds for your monthly membership, however you can cancel any time and you will not be billed for any additional months.
Third Party Payment Processors
You understand that WhatsUpDoc uses third party payment processors in accordance with Visa, Mastercard, American Express, and Discover ("Processors"). WhatsUpDoc uses the services and technology available and provided by Processors to accept membership fees paid by credit card. Currently, WhatsUpDoc uses payment processing services provided by Braintree and is subject to the Braintree Connected Account Agreement (as provided on the Braintree website) and Braintree Terms and Service (as provided on the Braintree website). By continuing to utilize the Websites and Services, you agree to be bound by the above referenced Agreements, and agree that the same Agreements may be modified by Braintree from time to time. As a condition of WhatsUpDoc enabling payment process services through Braintree , you agree to provide WhatsUpDoc accurate and complete information about you and your payment information and you authorize WhatsUpDoc to share it and transaction information related to your use of the payment processing services provided by Braintree .
You understand and agree not to hold WhatsUpDoc liable for any adverse effect that its actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen cards or unauthorized cards through your Braintree and/or your WhatsUpDoc account.
Health Savings Account Requirements
If you are not affiliated with an employer which contracts with WhatsUpDoc to provide you Services as part of a group health plan, you acknowledge and agree that WhatsUpDoc does not have the obligation to verify your Health Savings Account ("HSA") status and/or eligibility. If you are eligible for an HSA and/or do contribute to an HSA, check with your benefits administrator to ensure that payment for the Services under a Personal Plan will not materially affect your eligibility under your HSA benefits, including the ability to make future contributions to the HSA.
Promotional Members shall have full access to WhatsUpDoc Websites and Services and shall receive the same level of service as full paying Members. WhatsUpDoc will direct Members receiving a promotional price on how to access the promotion. For example, WhatsUpDoc may provide a promo code that must be entered during the registration process to access the promotion. If you are an employee of WhatsUpDoc, your participation is NOT a requirement in order to obtain or continue employment, and the services are provided outside of the terms and conditions of employment.
The Websites and Services, and their entire contents, features and functionality (including, but not limited to, all information, software, algorithms, displays, images, text, video, and audio and the design, selection and arrangement thereof) are the property of WhatsUpDoc and/or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. WhatsUpDoc reserves all rights in this regard. Nothing contained in the Websites or Services should be construed as granting any license or other right without the express written consent of WhatsUpDoc.
Links to Other Websites
Individuals under 18 may not use the Websites or Services without strict parental supervision. We reserve the right to request proof of age at any point so we can verify that individuals under 18 years of age are not using the Websites or Services without strict parental supervision. If we become aware that an individual under 18 years of age is using the Websites or Services without parental supervision, we may prohibit and block such individual from using the Websites and Services.
At this time, WhatsUpDoc does not treat patients presenting with issues or injuries related to Workers' Compensation as outlined by the Department of Labor. You agree that you will not use the Websites or Services to seek care for an issue or injury arising from a Workers' Compensation claim.
You agree not to:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use these Websites or Services in any way for any public or commercial purpose.
- Reverse engineer, disassemble or decompile any software included in connection with the Websites or Services.
- Use the Websites or Services for any purpose in violation of local, state, national, or international laws.
- Use the Websites or Services as a means to distribute or post advertising or other unsolicited material to any third-party.
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to WhatsUpDoc and WhatsUpDoc Providers.
- Distribute viruses or other harmful computer code.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Websites or Services.
- Copy or distribute in any medium any part of the Websites or Services.
- Use or access the Website or Services in an abusive, excessive, or inappropriate manner as determined in the sole discretion of WhatsUpDoc, which may include, but is not limited to:
- Initiating or engaging in excessive, superfluous, or unsuitable visits for this platform.
- Repeatedly terminating or dropping off visits prior to their conclusion.
- Repeated failure to respond to and comply with medical provider follow-up and treatment plans.
- Creating a hostile environment, harassing the medical provider, or otherwise engaging in inappropriate behavior through the use of the Websites and Services.
If we become aware that an individual is using the Websites or Services in violation of these Terms, we may prohibit and block or terminate such individual from using the Websites or Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES OR SERVICES IS AT YOUR SOLE RISK. WHATSUPDOC DOES NOT WARRANT THAT ACCESS TO THE WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WHATSUPDOC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
OU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITES OR ANY OF THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES OR ANY OF THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITES AND THE SERVICES.
LIMITATION OF LIABILITY
CERTAIN PORTIONS OF THE SERVICES MAY BE PERFORMED BY CONTRACTED GROUPS: MEDICAL PRACTICES AND ORGANIZATIONS WHICH PROVIDE THE MEDICAL SERVICES, INCLUDING ASSESSMENT, DIAGNOSIS AND TREATMENT OR REFERRAL, AS APPROPRIATE, OF ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION.
WHATSUPDOC IS NOT A MEDICAL PRACTICE, PROVIDER, OR A MEDICAL ORGANIZATION. THE TECHNICAL AND PROFESSIONAL SERVICES ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION. WHATSUPDOC’S SERVICES SHOULD NOT BE CONSIDERED TO BE THE PRACTICE OF MEDICINE, AND ARE NOT THE DOCUMENTATION OF MEDICAL ADVICE OF ANY KIND.
WHATSUPDOC IS NOT ENGAGED IN THE BUSINESS OF INSURANCE AND IS NOT PROVIDING INSURANCE OF ANY KIND. NEITHER THIS AGREEMENT NOR ANY WRITING CONTAINED ON THE WEBSITES OR SERVICES IS OR SHALL BE A CONTRACT FOR INSURANCE. THE FEE EARNED BY WHATSUPDOC SHALL ONLY COVER THE PROVISION OF MEDICAL SERVICES BY ITS PROVIDERS, AND SHALL NOT COVER THE COST OF ANY DIAGNOSTIC TESTS, PRESCRIPTION MEDICATIONS OR MEDICAL DEVICES, OR SPECIALTY MEDICAL SERVICES RENDERED BY ANY THIRD PARTY.
WHATSUPDOC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, CONSULTANTS, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR SERVICES IS TO STOP USING THE WEBSITES AND SERVICES. WHERE MANDATED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF WHATSUPDOC TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITES OR SERVICES IS THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SERVICES LIMITATION OF LIABILITY
WHATSUPDOC HEREBY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE ONLINE SERVICES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WHATSUPDOC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS, CONSULTANTS, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE ONLINE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE ANY PERSONAL INFORMATION THROUGH THE ONLINE SERVICES.
Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitations of liability; if you are a resident of such a jurisdiction, the above exclusions and limitations may not apply to you.
WhatsUpDoc respects the intellectual property rights of others and we ask our Users and Members to do the same. If you believe a User of the Site is infringing your copyright, please notify WhatsUpDoc in accordance with the following procedure:
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, WhatsUpDoc has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Copyright Agent, What’s Up Doc, Ltd, 492C Cedar Lane, Suite #212, Teaneck, NJ 07666.
"Confidential Information" includes all confidential or proprietary aspects of the Websites and Services, including any of their features and functionalities, in addition to any information you submit through the Services that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
You agree to defend, indemnify and hold harmless WhatsUpDoc and its officers, directors, employees, subsidiaries, affiliates, agents, licensors, licensees, suppliers, affiliated companies and marketing partners, together with their respective employees, agents, directors, officers and members from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of:
- your use or misuse of the Websites or any of the Services,
- your violation of any law, rule, regulation or rights of others in connection with your use of the Websites or any of the Services,
- your use or disclosure of another person’s personal, financial or credit information or
- the infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information that you post on the Websites or transmit through the use of any of the Services.
Dispute Resolution; Binding Arbitration
- small claims disputes in which you or WhatsUpDoc seek to bring an individual action in small claims court located in the county of your billing address
- disputes in which you or WhatsUpDoc seek injunctive or other equitable relief for the alleged unlawful use of intellectual property,
The Notice must:
- include your name, residence address, email address, and telephone number;
- describe the nature and basis of the claim; and
- set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and WhatsUpDoc cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate and in accordance with this section, submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") or, for (a) and (b) herein, small claims court. All submitted disputes will be resolved through confidential binding arbitration held in Bergen County, New Jersey in accordance with the Rules and Procedures ("Rules") of AAA, which are available on the AAA website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of AAA or waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason.
The arbitrators, WhatsUpDoc and you will maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
You and WhatsUpDoc agree that for any arbitration you initiate, you will pay the filing fee and WhatsUpDoc will pay the remaining AAA fees and costs. For any arbitration initiated by WhatsUpDoc, WhatsUpDoc will pay all AAA fees and costs. You and WhatsUpDoc agree that the state courts of the State of New Jersey and the United States District Court sitting in New Jersey have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason,
- severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and
- to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
In no event will WhatsUpDoc be deemed in default hereunder based on delay in, or failure of, performance if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within WhatsUpDoc's reasonable control.
Please send your comments to: email@example.com.
If WhatsUpDoc Services were offered to you at no cost or at a discounted rate, any public or other published review, comment or testimonial about WhatsUpDoc must include a statement indicating that the WhatsUpDoc Services were provided as such. If any incentives were offered to you for any public or other published testimonial, your disclosure of such incentives is required in the testimonial. WhatsUpDoc may republish any public or other published review, comment or testimonial about WhatsUpDoc on its website or in other media and the appropriate attribution to the original source of the publication will be cited by WhatsUpDoc.
Responsibility for Security Devices
You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals and your mobile devices ("Information Systems"). In the event you are accessing the Websites and Services through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep your ID and password secure at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations and to ensure adequate security of your Information Systems. Each Party agrees to notify the other of any violation of data security of which it becomes aware.
Last Modified: March 1, 2019
Personal Information We Collect or Maintain
The Personal Information we collect or maintain when you use the Websites and/or Services includes:
- information you provide when you register, including your name, email address, phone number, physical address, age, demographic information, profile photo, professional credentials and experience, and account authentication credentials;
- information you provide relating to your health and health history;
- other information you submit through the Websites or Services as well as information generated through your use of the Websites or Services, such as your diagnosis, care plan, and transcripts of text chats associated with your visits;
- third-party website, network, platform, server, and/or application information (e.g., Facebook, Tune);
- usage activity concerning your interactions with the Websites, Services and/or other third-party websites, networks, platforms, servers, or applications accessed through the Websites and/or the App (e.g., number of clicks on a page, identity of third-party websites, networks, platforms, servers and applications being accessed through the Websites or Services);
- usage activity concerning products and services provided to or accessed by you on or through the Websites or Services (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
- statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Websites or Services, or which are accessed via your public or linked social media pages (e.g., Facebook).
Online Tracking and Information We Collect Automatically
As you use the Websites or Services, we may use technologies that automatically collect and analyze information, such as your device's IP address, the type of device you are using, browser type and version, time and date of visit, time spent on those pages and additional usage statistics. We may also collect device and advertising identifiers, pages that you visit before and after using the Websites or Services, the date and time of your visit, information about the links you click and pages you view within the Websites or Services, and other standard server log information.
We also use other analytic tools and services which are offered by third parties, to track, measure and/or generate information about a website's or program's traffic, sales, audience and similar information, and which may be used for various reasons, such as statistical research, marketing research, content ratings research, and conversion tracking. We may also collect non-personal information from your mobile device or computer which may be used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In the event our application(s) crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
How We Protect Personal Information
We strive to implement reasonable and appropriate physical, technical and administrative measures to protect information under our control. However, no method of transmission or electronic storage is fully secure and we cannot guarantee absolute security.
Use of Personal Information
Subject to applicable legal restrictions, WhatsUpDoc may use your Personal Information to:
- provide you with the Services;
- send you follow-up communications related to the Websites or Services;
- improve the quality of the Websites or Services;
- create new Websites or Services;
- create De-Identified Information;
- market the Websites and Services to you;
- fulfill any purpose for which you give us authorization;
- improve the Websites or Services and/or their respective content, features and/or services;
- improve the products, services, marketing and/or promotional efforts of WhatsUpDoc; and
- create new products, services, marketing and/or promotions for WhatsUpDoc.
WhatsUpDoc may send you emails, mail, SMS messages and push notifications to communicate about the Services you receive and give you updates, such as alerts about messages in your account, status of care plans or prescriptions or to request your feedback on your experience. You can opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our email communications.
Disclosure of Personal Information
Subject to applicable legal restrictions, WhatsUpDoc may share Personal Information that you provide or that we collect:
- to subsidiaries, affiliates and business associates;
- to various contractors, service providers and other third parties we use to support our business who are contractually obligated to keep Personal Information confidential and use it only for the purposes for which we disclose it to them (such third parties include, but are not limited to, websites hosting providers, data hosting providers, customer support providers, communications vendors and various other IT service providers);
- as required by law, including in response to a court order;
- when we reasonably believe that such disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud or to respond to a government request;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of WhatsUpDoc's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Websites or Services is among the assets transferred; and
- for any other purpose that we disclose to you when you provide the information.
NOTICE OF PRIVACY PRACTICES
Last Modified: March 1, 2019
THIS NOTICE OF PRIVACY PRACTICES DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. IF YOU DO NOT AGREE WITH THIS NOTICE OF PRIVACY PRACTICES, DO NOT USE THE WEBSITES OR SERVICES. BY USING THE WEBSITES AND/OR SERVICES, YOU INDICATE THAT YOU AGREE THAT WHATSUPDOC MAY COLLECT AND USE YOUR INFORMATION AS DESCRIBED HEREIN.
What’s Up Doc Ltd, d//b/a whatsupdocconnect ("WhatsUpDoc", "we", "our") is committed to protecting the confidentiality of your health information. We are required by law to maintain the privacy of any individually identifiable health information that you provide to us for purposes of receiving health care (commonly called "PHI" or "Protected Health Information"). PHI includes personal identifiers, such as your name, address, social security number, and information relating to:
- your past, present or future physical or mental health or condition,
- the provision of healthcare to you, or
- your past, present, or future payment for the provision of healthcare.
Effective Date and Changes to this Notice of Privacy Practices
Use and Disclosure of your PHI – WhatsUpDoc may use and disclose your PHI in the following ways:
Treatment, Payment and Healthcare Operations:
Treatment: WhatsUpDoc may use self-reported health information to provide you with medical treatment or services. To the extent permitted by HIPAA, WhatsUpDoc may disclose your PHI to doctors, nurses, technicians, staff or other personnel who are involved in taking care of you and your health. In addition, WhatsUpDoc may share information about you and disclose information to people who do not work for WhatsUpDoc in order to coordinate care and further your treatment; for example, sending prescriptions to your pharmacy.
Payment: WhatsUpDoc may use and disclose your PHI to bill and receive payment from health plans or other entities for services provided to you. For example, WhatsUpDoc may send information to your health insurer or health plan in connection with the processing and payment of claims and other changes.
Healthcare Operations: In accordance with HIPAA, WhatsUpDoc may use and disclose health information about you in its operations, to make sure that you and our other members receive quality care. This may include WhatsUpDoc sending you surveys or questionnaires to request your feedback about our Websites and Services. You can opt out of these types of communications at any time.
Authorization WhatsUpDoc is permitted to use and disclose your PHI upon your written authorization, to the extent that our use or disclosure is consistent with your authorization. You may revoke your authorization at any time.
As Required by Law. WhatsUpDoc may use and disclose your PHI to the extent required by law.
Special Circumstances - WhatsUpDoc may also use and disclose your PHI in these Special Circumstances:
Public Health and Safety Issues: WhatsUpDoc may use or disclose your PHI for certain situations, such as: preventing the spread of disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence; or preventing or reducing a serious threat to anyone's health or safety.
Military, Veterans, National Security and Intelligence: If you are or were a member of the armed forces, or part of the national security or intelligence communities, WhatsUpDoc may be required by military command or other government authorities to release your PHI. WhatsUpDoc may also release information about foreign military personnel to the appropriate foreign military authority.
Workers' Compensation, Law Enforcement and Other Government Requests: WhatsUpDoc may use or disclose your PHI: for worker's compensation and other work-related injury claims; for law enforcement purposes or with a law enforcement official; to a health oversight agency for activities authorized by law; and for special government functions such as military, national security, and presidential protective services.
Coroners, Medical Examiners and Funeral Directors: WhatsUpDoc may release your PHI to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.
Organ Procurement and Research. WhatsUpDoc may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation, or where is necessary for research purposes.
Lawsuits and Legal Actions: WhatsUpDoc may disclose your PHI in response to a court order, an administrative or other judicial order, a subpoena or a discovery request.
Information Not Personally Identifiable: WhatsUpDoc may use or disclose PHI in a manner that does not personally identify you.
Your Rights - You have the following rights regarding your PHI maintained by WhatsUpDoc:
Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that WhatsUpDoc communicate with you through alternate means or at an alternate location, and we will accommodate your reasonable requests. You must submit your request in writing to WhatsUpDoc.
Restrictions. You have the right to request restrictions on certain uses and disclosures of your PHI for treatment, payment or healthcare operations, and to restrict disclosures of your PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to WhatsUpDoc. WhatsUpDoc is not required to comply with your request in every situation; however, if we agree to comply with your request, we will be bound by our agreement, except when otherwise required by law or in the event of an emergency.
Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to WhatsUpDoc. We may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. WhatsUpDoc may deny your request to inspect and/or copy your PHI in certain limited circumstances; however, if that occurs, we will inform you of the reason for the denial, and you may request a review of the denial.
Amendment. You have a right to request that WhatsUpDoc amend your PHI if you believe it is incorrect or incomplete, for as long as the information is maintained by WhatsUpDoc . You must submit your request in writing to WhatsUpDoc and provide a reason to support the requested amendment. WhatsUpDoc may, under certain circumstances, deny your request by sending you a written notice of denial. If WhatsUpDoc denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
Accounting of Disclosures. You have a right to receive a list, or "accounting", of all disclosures WhatsUpDoc has made of your PHI within the six years prior to the date of your request, as well as who it has been shared with and why. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to WhatsUpDoc and you must specify the time period involved. WhatsUpDoc will provide one accounting per year for free but will charge a reasonable, cost-based fee for additional requests made within 12 months.
- Paper Copy. You may ask for a paper copy of this Notice at any time, even if you have agreed to receive it electronically. You may also find a copy of this Notice on our website. To obtain a paper copy, contact WhatsUpDoc by emailing firstname.lastname@example.org.
- Breach Notification. You have the right to be notified in the event that WhatsUpDoc (or a WhatsUpDoc business associate) discovers a reportable breach of unsecured health information.
- Complaint. You may complain if you feel WhatsUpDoc has violated your rights as discussed in this Notice by contacting us at email@example.com. You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights by sending a letter to: HHS Office of Civil Rights, 200 Independence Avenue, S.W. Washington, D.C. 20201. You may also call them at 1-877-696-6775 or visit www.hhs.gov/ocr/privacy/hipaa/complaints/. WhatsUpDoc will not retaliate against you for filing a complaint.
If you have any questions or comments about this Notice of Privacy Practices or our privacy practices generally, you may contact us by emailing firstname.lastname@example.org.