Patient Discovery Privacy Policy and Terms of Use

Patient Discovery Privacy Policy

Effective Date: December 2020

Patient Discovery, Inc. (“Patient Discovery”) is committed to protecting the privacy and security of your personal information. This Patient Discovery Privacy Policy (the “Privacy Policy”) describes how we may collect, use and disclose your personal information when you visit the Patient Discovery website at https://app.patientpathfinder.com (the “Website”) and use its online service to learn about your medical condition and insurance options, create discussion guides to assist you in communicating with your healthcare provider, participate in studies that utilize the Website, or access services and offers that may be relevant to your medical condition (the “Services”). This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business relationship not handled through the Website).

Acceptance of Privacy Policy

By using the Website or clicking your acceptance, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website. To the extent you are using the Website in furtherance of a study, your participation in the study may be contingent on your acceptance of this Privacy Policy.  Your continued use of the Website or the Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

Personal Information We Collect

Patient Discovery collects your personally identifiable information (“PII”) through the Website when you choose to provide such information, such as when you (i) complete a discussion guide with information about your medical condition, preferences, and goals of care, (ii) request an offer or service, or (iii) submit information through the “Contact” page of the Website, where you must provide your email address. Patient Discovery also collects your IP address and web log data. Patient Discovery may also pull certain limited information, such as your name and your doctor appointment dates, from your healthcare provider’s electronic health record system.

Use of Personal Information

We will use your PII only (i) to operate the Website, (ii) to provide the Services, and (iii) to provide marketing materials, communications and information, promotional offers, and newsletters. If you provide your email address, we may send you administrative and promotional emails, brochures and other written materials. Where required in the relevant jurisdiction, we will obtain your consent before sending you promotional emails. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email.

Disclosure of Personal Information

Patient Discovery will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so, we will not share your PII with third parties other than as specified in this Privacy Policy.

Disclosures to Your Healthcare Provider. We may share the fact that you have signed up for this website with your healthcare provider. All other PII may only be shared with your healthcare provider by request from you. Patient Discovery is not responsible for a healthcare provider’s use of your personal information, which is governed by the provider’s privacy practices and applicable privacy laws and regulations.

Disclosures to Third Parties Assisting In Our Operations. We may share your PII under confidentiality agreements and any legally required data processing agreements with other companies that work with, or on behalf of, Patient Discovery to provide products and services, such as those who are providing email solutions, providing cloud hosting services, analyzing data and usage of the Website, or providing support and maintenance services for the Website, as well as legal, regulatory, audit and other professional advisors. These companies may use your PII to assist us in our operations or for our legitimate business interests. However, these companies do not have any independent right to share this information.

Disclosures Under Special Circumstances. We may provide information about you, including PII, to respond to subpoenas, court orders, legal processes or governmental regulations or inquiries, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

Other Parties With Your Consent or At Your Direction. In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you consent to or request such sharing.  To the extent you are participating in a study, we may share information with the study investigator and/or sponsor in accordance with the study protocol.

Business Transfers. We may share your PII with other business entities in connection with the sale, assignment, merger or other transfer of all or a portion of Patient Discovery’s business to such business entity. We will require any such successor business entity to honor the terms of this Privacy Policy.

HIPAA Compliance

Patient Discovery may provide certain Services through an arrangement with, and acting on behalf of, your healthcare provider. In such cases, Patient Discovery may be subject to the Health Insurance Portability and Accountability Act (“HIPAA”), a federal health care privacy law, as a business associate. When Patient Discovery is providing services to you as a HIPAA business associate, our collection, use and disclosure will be governed by your healthcare provider’s HIPAA Notice of Privacy Practices, and not by the other sections of this Privacy Policy.

Automatically Collected Information and Anonymous Information

Each time you visit the Website, Patient Discovery collects some information to improve the overall quality of your online experience.

Aggregated and/or Anonymized Data. Patient Discovery may collect aggregate queries for internal reporting and also may count, track, and aggregate the visitor’s activity into Patient Discovery’s analysis of general traffic-flow at the Website. To these ends, Patient Discovery may merge information about you into aggregated group data.

In some cases, Patient Discovery may remove personal identifiers from PII and may maintain it in aggregate or de-identified form.  This information may or may not later be combined with other information to generate fully anonymous data and information. Such anonymous data and information may be shared with, or sold to, Patient Discovery’s affiliates, business partners, service providers and/or vendors; if it does so, Patient Discovery will not disclose your individual identity.

Web Server Logs and IP Addresses. An Internet Protocol (“IP”) address is a number that automatically identifies the computer or device you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. Patient Discovery may use IP addresses to conduct Website analyses and performance reviews and to administer the Website, although it will not combine traffic data with user accounts.

Cookies. Cookies are pieces of information that a website transfers to a user’s computer for purposes of storing information about a user’s preferences. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Many websites use cookies as a standard practice to provide useful features when a user visits the website, and most web browsers are set up to accept cookies. Patient Discovery uses cookies to improve your online experience when visiting the Website. You can set your browser to refuse cookies, but some portions of a Website may not work properly if you refuse cookies. A session cookie is one that exists for the time period that your browser is open. A persistent cookie is one that is saved on your device/computer even after the browser is closed. Like many websites, we may use both session cookies and persistent cookies.

Web Beacons. Some of the Website’s web pages may use web beacons in conjunction with cookies to compile aggregate statistics about Website usage. A web beacon is an electronic image (also referred to as an “action tag,” “single-pixel,” or “clear GIF”) that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of the Website. Some web beacons may be unusable if you elect to reject their associated cookies.

Response to “Do Not Track” Signals

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates, although web browsers incorporate and activate this functionality in different ways, and it is not always clear whether users intend for these signals to be transmitted. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. Patient Discovery currently does not take action in response to these signals, but, if and when a standard is established and accepted, we may reassess how to respond to these signals.

Children’s Privacy Protection

Under Age 13. Patient Discovery does not knowingly collect or retain personally identifiable information about persons under 13 years of age. Any person who provides their personal information to Patient Discovery via the Website represents that they are 13 years of age or older. The Website does not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If we learn that a child under the age of 13 (or such legally required higher age) has submitted personally identifiable information online without parental consent, we will take all reasonable measures to delete such information from our databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information, we have collected from children under 13, please contact us at support@patientdiscovery.com.

Under Age 18. Minors under 18 years of age may have the PII that they have provided to us through the Website deleted by contacting us at support@patientdiscovery.com and requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all our systems and back-up systems.

Privacy Settings/Opt Out/Changes/Access

If you would like your PII removed from our database, changed or updated, you can contact us at support@patientdiscovery.com. If requested, we will promptly verify and delete your account and you will no longer receive emails from Patient Discovery. Your removal from the mailing list or database will not remove records of past transactions or delete information stored in our data backups and archives where we are required to keep your data for legitimate business or legal requirements. Data on past transactions and data stored in backups and archives will be deleted in the normal course of our business. You have the right to access or, if required by applicable laws, receive a copy of your PII held by us by making a written request by sending an email to the contact email address below.

Referrals/Links

The Website may contain links to other websites. Patient Discovery is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave our Website and review the privacy statements of each third-party website. This Privacy Policy applies solely to information collected by the Website.

Security

Patient Discovery understands that storing our data in a secure manner is essential. Patient Discovery stores PII and other data using reasonable physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Please note, however, that while Patient Discovery has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from the Website or via e-mail cannot be guaranteed.

Website Visitors from Outside the United States

Patient Discovery and its servers are located in the United States and are subject to the applicable laws of the United States (where data privacy laws are less stringent than in the European Union and some other jurisdictions). If you choose to access or use the Services, you consent to the transfer, use and disclosure of information in accordance with this Privacy Policy and subject to such applicable laws.

Changes to this Privacy Policy

This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. If we update the Privacy Policy, we will let you know about our changes we consider material by placing a note on the relevant web page you use to access the Services or you may receive an email with notification of the updated Privacy Policy. By accessing or using the Website or the Services after we have placed such a notice, you consent to the new practice(s) identified in the update. The most current version of the Privacy Policy will always be available on the website at https://app.patientpathfinder.com. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

Contact

If you have any questions about this Privacy Policy or about our handling of your information, please contact Patient Discovery’s Privacy Officer at support@patientdiscovery.com.

PATIENT DISCOVERY TERMS OF USE

Effective Date: January 2021

This website, located at uniform resource locator https://app.patientpathfinder.com (the “Website”), is provided by Patient Discovery, Inc. (“Patient Discovery,” “we,” “our,” or “us”) to the person accessing the Website (“you,” or “your”).

1. You Agree to These Terms by Using the Website

Your access to, and use of, the Website and its online services subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Website’s online service to learn about your medical condition and insurance options, create discussion guides to assist you in communicating with your healthcare provider, participating in a study, and accessing services and offers that may be relevant to your medical condition (the “Services”), you accept, without limitation or qualification, these Terms of Use. Patient Discovery may, at any time and without notice, modify these Terms of Use by revising them on the Website. Your continued use of the Website constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a written agreement signed by Patient Discovery.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Website immediately.

2. Permitted Use of the Website

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of using the Services and learning about Patient Discovery its services. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose.

3. No Practice of Medicine

The information and materials on the Website, including discussion guides and other information about treatment options, are not intended to be, and must not be taken to be, the practice of medicine or other healthcare services by Patient Discovery. Use of the Website does not create a provider/patient relationship with Patient Discovery. Patient Discovery is not recommending or endorsing any specific medical treatment, healthcare provider or medication.

4. Notice; Electronic Communications

When you visit the site or send emails to Patient Discovery, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Privacy

The Patient Discovery Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Website by electronic mail or otherwise will be used by Patient Discovery in accordance with the Privacy Policy.

6. Disclaimer – Warranty

THE WEBSITE, ITS CONTENT, MATERIALS AND PRODUCTS ON THE WEBSITE, AND THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PATIENT DISCOVERY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Patient Discovery does not represent or warrant that the functions contained in the Website or the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. Patient Discovery does not make any warranties or representations regarding the use of the materials in the Website or the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

7. Indemnification

You agree to indemnify, defend, and hold harmless Patient Discovery, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

8. Limitations of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER PATIENT DISCOVERY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ITS CONTENT OR THE SERVICES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Third-Party Links

In an attempt to provide increased value to our visitors, Patient Discovery may link to sites operated by third parties. However, even if the third party is affiliated with Patient Discovery, Patient Discovery has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Patient Discovery. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Patient Discovery specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.

Patient Discovery does not endorse the content, or any products or services available, on such sites. Nonetheless, Patient Discovery seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).

10. Trademarks

The “Patient Discovery” trademark is our property. This mark may not be used without our consent on any product or service, except our own.

11. Copyright

Copyright © 2021, Patient Discovery Inc. ALL RIGHTS RESERVED.

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, discussion guides, data compilations, and software, is the property of Patient Discovery or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Patient Discovery and protected by United States and international copyright laws. All software used on the Website is the property of Patient Discovery or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Website.

12. Copyright Complaints

Patient Discovery respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@patientdiscovery.com.

13. Export Control

Software and other materials downloaded or otherwise made available from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

Patient Discovery does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

14. Dispute Resolution

Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in Boston, Massachusetts. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

15. Waiver of Jury Trial and Class Actions

BY ENTERING INTO THESE TERMS OF USE, YOU AND PATIENT DISCOVERY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND PATIENT DISCOVERY BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND PATIENT DISCOVERY BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

16. Law and Jurisdiction

These Terms of Use and your use of the Website are governed by the laws of the State of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within Boston, Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Website or in which these Terms of Use and/or the Website are a material fact.

17. No Services/Products to Individuals in the EU/EEA

The Services and any other products or services offered or described by Patient Discovery on the Website are not offered or otherwise directed to individuals residing or located in the European Union (“EU”) or European Economic Area (“EEA”). Patient Discovery also does not monitor the behavior of such individuals.

18. Assignment

Patient Discovery may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

19. Questions and Feedback

We welcome your questions, comments, and concerns about the Website. Please send us any and all feedback pertaining to the Website by contacting us at support@patientdiscovery.com.

20. Survival

The provisions of these Terms of Use entitled “Disclaimer – Warranty,” “Indemnification,” “Limitation of Liability,” Dispute Resolution,” “Waiver of Jury Trial and Class Actions, “Law and Jurisdiction” and “General Provisions” will survive the termination of this Agreement.

21. General Provisions

Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Patient Discovery Privacy Policy, constitute the entire agreement and understanding between you and Patient Discovery with respect to use of the Website, superseding all prior or contemporaneous communications with Patient Discovery. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.

© 2021 Patient Discovery Solutions, Inc. All Rights Reserved

Patient Discovery does not provide medical advice, diagnosis or treatment. Always consult your clinician with questions or concerns regarding your health or medical condition. If you are having a medical emergency, call your clinician or 911 immediately. The summaries provided by Patient Discovery do not include all the information needed to use the products listed on this website safely and effectively. Please see the full prescribing information for each of the products for complete information regarding instructions for use, risks and side effects.