Website Privacy Statement &
Effective Date: July 6, 2022
This Site is intended for individuals 13 years of age and older. By using this Site, you affirm that you are at least 13 years old.
Information We Collect
Information You Voluntarily Submit. Personally identifiable information (“PII”) means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, physical address, and phone number. We only collect PII that you voluntarily submit to us.
- Email. We provide email addresses where you can contact us on the Site. If you email us, we may use your PII to respond to your email. We may retain your email correspondence for future reference or discard the information after we have reviewed it.
- APIs. We use application programming interfaces (“APIs”) on the Site to provide you with certain services. For example, we have APIs that allow you to schedule appointments and fill out forms. The information you provide may be shared with the third-party vendor providing the API. If the information shared through an API is considered PHI, the third-party vendor is required to sign a Business Associate Agreement, in which they agree to only use your PHI as specified in the Business Associate Agreement, safeguard your PHI, and promptly notify us of an unsecured breach of your PHI.
Cookies and Tracking Technology. Cookies are small data files that are downloaded to your computer or mobile device when you visit a website. A cookie can be used to track the pages you visited and might include information about your browser, the type of computer or mobile device you are using, your operating system, your Internet service provider, and other similar information.
Information Collected From Third-Parties. We collect information about you from the following third-party service providers (collectively, the “Third-Party Providers”):
- ADP. You can apply to jobs at NEMS through the ADP website that is linked on our site. If you choose to apply to our job postings through the ADP website (the “ADP Site”), you will be asked to provide PII such as your first and last names, your email, and your phone number. You may also be asked to provide other types of information through the ADP Site, which may consist of your PII. If you use the ADP Site in response to our job postings, we may obtain any information you provide in response to our job postings.
- Patient Portal. We provide our patients with a link to our patient portal (the “Patient Portal”), operated by NextGen Healthcare Information Services, LLC (“NextGen”). If you use the Patient Portal, we may obtain the PII and PHI that you provide through the Patient Portal.
- Social Media Accounts. We may collect information from you when you interact with us on our social media accounts, including, Twitter, WeChat, Instagram, LinkedIn, YouTube, and any other social media account we may create from time-to-time. The information we collect from you depends on the information you provide when setting up or using your social media account. For example, if you comment on our posts or provide content on our accounts (collectively or individually, your “Content”), we may receive your profile picture and the name associated with your profile, which may include your first and last name, and any other information associated with your profile or provided in your Content. Please use caution when you post as your Content may be accessible by anyone who uses or accesses the social media account where you posted the Content or through third-party content aggregators. We may also collect information that you volunteer to us when you send us a message and may use any information that you provide to us for the purposes of responding to you. Please do not send us any medical information, sensitive or confidential information through any social media account.
We provide links to Third-Party Providers for the convenience of our visitors and our patients. The Third-Party Providers have their own privacy policies that apply to the way they collect, use and disclose your information. We encourage you to read such privacy policies carefully before using or submitting any information through the Third-Party Providers. With the exception of the Business Associate Agreement we have executed with NextGen, which describes how NextGen will properly safeguard the PHI it receives from us on our behalf, we do not have any control over how the Third-Party Providers collects, uses, or discloses the information you provide to them and are not responsible for their privacy practices or policies.
Information We Share
Information Shared with Our Subsidiaries and Affiliates. We may disclose your information to our subsidiaries and affiliates.
Information Shared with Our Service Providers. We may share your information with third-party service providers working on our behalf, including to provide website hosting, maintenance, analytics, and security services or to add new services or features. We will only disclose the information necessary to provide the services.
Information Disclosed to Protect Ourselves or Others. We may share information we have collected from you as we believe, in our sole discretion, that it is required by law or is necessary or appropriate to (i) respond to claims or a legal process, such as a court order, judicial or other governmental request, subpoena, or warrant; (ii) in response to a request by public authorities, including to meet national security or law enforcement requirements; (iii) to protect our own rights, safety, and property or the rights, safety, and property of our users, a third party, or the public; (iv) to stop any activity we consider illegal, abusive, unlawful, or unethical; and (v) as required in accordance with HIPAA or related applicable local, state, or federal law.
We take appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the PII you provide to us. Although we do not directly collect PII through the Site, we provide links to Third-Party Providers for the convenience of our users, which collect PII from users and are shared with us. The information you provide through the Third-Party Providers is voluntary, but if you choose to use to their services, the information they collect from you is subject to their privacy policies. We encourage you to read those privacy policies to learn how they collect, use, and disclose your information, including your PII.
We ensure that any PII we collect through the Third-Party Providers is protected. For example, we use technical safeguards such as firewalls and data encryption and we enforce physical access controls to our office and files, including authorizing access to PII only for those employees who require it to fulfill their job responsibilities. All our employees are trained on NEMS privacy and security protocols and use password-protected screensavers when they leave their desk. We also keep secure our servers behind locked doors and only allow access to employees and other individuals that require access to perform a task on behalf of NEMS.
Although we strive to protect your PII, no system of security is ever completely secure or error free and we cannot guarantee the security of any information you transmit to us. Thus, we urge you to use every precaution to protect your PII, including protecting your computer or device against unauthorized access, using a secure browser, protecting your usernames and passwords, changing your passwords often and using a password that use a combination of letters, numbers, and special characters.
Third Party Sites
- Content of Site
- Ownership. The Site and its contents, features, and functionality (including, but not limited to, all information, software, displays, images, text, video, and audio, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by NEMS and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. NEMS reserves all rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer any of the information, material, software, products or services from the Site, except as permitted in these Terms.
- Use. NEMS provides information, content, and materials (the “Content”) on the Site for educational purposes, inform you of events, classes, and workshops hosted by NEMS, provide you information about NEMS, and how to access our doctors, facilities, and services. You may also complete registration forms if you wish to become a patient or to receive certain services at NEMS, schedule appointments, and download forms.
- No Medical Advice. Nothing contained on the Site should be construed as medical advice and should not be used as a substitute for medical services or the advice of a qualified health care professional. Your use or access of this Site or the Service does not establish a doctor-patient relationship between you and NEMS. A doctor-patient relationship is not established until you complete registration as a NEMS patient, receive a medical record number from NEMS, and receive health care services from a licensed independent practitioner at NEMS. THE SITE IS NOT MEANT TO BE USED TO REPORT A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR NEED TO REPORT A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
- No Legal Advice. The Site may contain information about certain laws, statutes, regulations, or requirements. Such information is not intended to be or constitute legal advice and should not be construed as such. If you need legal advice on a particular legal matter, you should retain or contact your own attorney. You should not act or refrain from acting based on the Content without seeking advice from qualified legal counsel within the relevant jurisdiction. No attorney-client privilege is created through your use of or access to the Site or any of the Content contained herein.
- Accuracy of Information. Although care has been taken in preparing the Content, everything you see, hear, or receive on the Site is provided “AS IS.” NEMS makes no guarantees as to their correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Third parties may make unauthorized additions, deletions, or alterations could be made to the Site without our knowledge. If you believe that information found on the Sites is inaccurate or unauthorized, you may contact us using our online form.
- Non-Secure Transmissions. Unless otherwise stated, if you email us or transmit material or information to us via the Site, your transmissions may not be secure and may be compromised before reaching us. As such, please use caution when sending us such transmissions and refrain from sending any medical information or sensitive or confidential information via email or the Site. NEMS makes no guarantee, representation, or warranty as to confidentiality or security of information sent via the Internet.
- Access to the Site. Your use or access to the Site or the Service is at our sole discretion. We reserve the right to suspend, terminate, refuse or prohibit access to any person or entity for any reason or no reason.
- Third-Party Content. The Site may link to, reference, or display content that NEMS does not own or control. Accordingly, NEMS makes no guarantees about the accuracy, currency, content, or quality of the information provided by third-party websites or any third-party content, and NEMS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful third-party content or unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on the third-party websites. Unless expressly stated otherwise, NEMS does not control, endorse, promote, or have any affiliation with any other third-party website. You assume all risk of clicking on a link to or using a third-party website. As a condition of using this Site, you agree not to make any claim against NEMS for any damages or losses, whatsoever arising from or related to your use of any third-party content or third-party websites displayed or linked on the Site.
- Prohibited Uses. You may not use the Site or the Service send any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage criminal conduct, give rise to civil liability, or otherwise violate the law. Additionally, you are prohibited from violating or attempting to violate any security features of the Site or the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site or the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by Company in providing the Site or the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
- Children. The Site is not directed to or intended to be used or consumed by children under the age of 13. If you are under the age of 13, you are not allowed to use or access the Site without the consent of a parent or guardian.
- NO WARRANTIES. NEMS HEREBY DISCLAIMS ALL WARRANTIES. THE SITE IS MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEMS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO 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 SITE (INCLUDING ANY CONTENT, MATERIAL, OR INFORMATION CONTAINED THEREIN), WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. To the extent that any aspect of the foregoing limitation of liability is not enforceable under applicable law, NEMS liability to you with respect to your use of or access to the Site will be limited to the minimum extent permitted under such applicable law.
- Indemnification. You agree to indemnify and hold harmless NEMS and its officers, employees, directors, subsidiaries, affiliates, independent contractors, agents, representatives, licensors, and suppliers from any claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
- Copyright. All contents of the Site are Copyright © North East Medical Services, Attn: Legal Department, 1520 Stockton Street, San Francisco, CA 94133.
- No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
- Governing Law. These Terms and your use of the Site are governed by the laws of the State of California, without reference to their rules regarding conflicts of law. You hereby consent to the jurisdiction of the state or federal courts in San Francisco, California in all legal actions or proceedings related to your use of the Site or Service.
- Severability; Waiver. If, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- California Use Only. NEMS operates and controls the Site from its principal office in the State of California. NEMS makes no representation that any of the materials or the services are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as NEMS purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- Modifications. NEMS may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or Service; and (c) discontinue the Site and/or Service. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.