End User Agreement
Desert Institute for Spine Care, PC TERMS OF USE –
DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911 IMMEDIATELY.
The website located at https://sciatica.com, (the “Website”) is published, owned, and operated by Desert Institute for Spine Care, PC, and related entities (the “Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Website and all other content provided therein for the purposes of providing educational virtual second opinion services through the Website (the “Service(s)”). By using this website, you agree and acknowledge that you are bound to the Terms and comply with applicable law including federal, state and local tax and tariff laws, and regulations. If you do not agree to the Terms, do not use this Website.
The information on the website is educational information only. The data collected on this Website does not replace the medical advice of the healthcare provider. Services provided do not take the place of your regular healthcare practitioner.
You agree that you are physically located in the state you choose/have chosen as your current location. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify the Company, its third-party technology platform provider and the Providers you interact with from any resulting damages, costs or claims.
You acknowledge that this Service is being provided while you are located in a private residence and not a hospital or other facility and is therefore not covered under Medicare.
The Website and Services are provided for telemedicine purposes. Telemedicine, in this case, involves the use of electronic communications to enable healthcare providers at sites remote from participants to provide the Services. Healthcare providers may include, but are not necessarily limited to, primary healthcare practitioners, specialists, and/or subspecialists (“Providers”). Your Personal Information may be used for review of the data collected and provision of the Service. Provision of the Service may include live two-way audio and video and other materials (e.g., medical records, data from medical devices, etc.).
The communications systems used will incorporate network and software security protocols to protect the confidentiality of participant information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
A second opinion summary will be provided to the participant at the end of the Service which may be kept for the participant’s records and may be shared with other Providers for treatment purposes or as otherwise permitted or required by law.
Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Website’s Policy, which is hereby incorporated by reference.
There are potential risks associated with the use of telemedicine. The Company believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
HIPAA. I understand that the laws that protect privacy and the confidentiality of individually identifiable health information, such as the Health Insurance Portability and Accountability Act (“HIPAA”) may also apply to telemedicine and may apply to certain aspects of the Services. However, I understand that not all information I provide or use on the Website or Services is protected by HIPAA. Regardless, I understand that all Personal Information (as defined in the Website Privacy Policy) will be processed in accordance with the posted Website Privacy Act Statement below.
Should I engage the Services, I acknowledge that I will receive and will review the Company’s Privacy Act Statement below which explains how the Company may use and disclose individually identifiable health information for treatment, payment, and healthcare operations.
2. Website Content.
Other than information you receive directly from Providers, the content on the Website should not be considered medical advice. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this Website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, the Company does not recommend or endorse any specific tests, medications, products or procedures.
3. Use of the Website and Services.
The Company, through its third-party technology platform provider, grants you a limited, revocable, non-transferable and non-exclusive right to access and use the Website and the software, network facilities, content, and documentation herein (collectively, the “Content”) solely for the extent necessary to access and use the Services. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company in writing to use the Website for commercial purposes. You agree to use the Website and Services only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
4. User Account Responsibility.
If you are given or create a password to access the Website or Website portal, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
5. Prohibited Uses. You agree that you will not:
6. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.
You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Act Statement. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the Company and as described in the Privacy Act Statement.
Not all mobile devices or handsets may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
7. Third-party Sites.
The Website may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.
8. Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
9. Intellectual Property Notices.
The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to anyone, except as otherwise authorized under these terms. All software and accompanying documentation made available for download from the Service is the copyrighted work of the Company or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
10. United States Only.
The Company provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its Contents or Services are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
11. Disclaimers.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AND EACH PROVIDER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
12. Limitations of Liability.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER OR SUPPLIER, ANY PROVIDER OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER OR SUPPLIERS, ANY PROVIDER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE AND HOLD THE COMPANY, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, SUPPLIERS, PROVIDERS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY’S THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT IT IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICE. IT, ITS LICENSORS, SUPPLIER AND ALL THIRD PARTIES WHO PROMOTE THE SERVICE OR PROVIDE YOU WITH A LINK TO THE SERVICE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE. THE COMPANY IS THE PARTY PROVIDING THE TELEMEDICINE SERVICE.
13. Remote Consultation Services and Limitation of Liability.
The consulting services provided through the Company Services are considered educational virtual second opinion services and are different from the diagnostic services provided by a traditional in-person encounter with a healthcare provider. The Providers providing these Services will not have the benefit of information that would be obtained by examining you in-person and observing your physical condition first hand. Therefore, the Provider may not be aware of facts or information that would affect his or her opinion of your condition. In some cases, the missing facts may be critical to the accuracy of the Provider’s understanding and opinion.
TO REDUCE THE RISK TO YOU OF THIS LIMITATION, THE COMPANY STRONGLY ENCOURAGES YOU TO DISCUSS THE RESULTS OF YOUR CONSULTATION WITH YOUR HEALTHCARE PROVIDER. BY REQUESTING AN EDUCATIONAL VIRTUAL SECOND OPINION THROUGH THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
14. Indemnity.
Without limiting the generality or effect of other provisions of the Terms, as a condition of use, you agree to indemnify, hold harmless, and defend the Company, its third-party technology platform provider, and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third-party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in these Terms.
15. Termination and Restriction of Access.
In its sole discretion, the Company or its third-party technology platform provider, if directed by the Company, may terminate or suspend your access to the Website for any reason or no reason at all. The Company reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice. The Company also reserves the right to delete or change any username or password at any time, for any reason or for no reason at all. The Company shall not be liable for any losses or damages arising from any such termination of service.
16. Limitation on Time to File Claims.
Subject to any applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the Website or Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
17. Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Arizona, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Maricopa County, Arizona U.S.A. in all disputes arising out of or relating to the use of the Website.
18. Changes to these Terms of Use.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
19. General.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Act Statement and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Company Contact Information.
Questions can be directed to the Company at 602-216-6908.
Desert Institute for Spine Care, P.C. Policies
We know that your privacy is important to you, and we work hard to earn and keep your trust. Desert Institute for Spine Care, LLC affiliates and related entities (“Company,” “the Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”), the Privacy Act Statement, and any related data, accounts, profiles, forms, and all other content provided therein for the purposes of providing educational virtual second opinion services through the Website (the “Services”).
This Policy describes:
The types of information we collect from you or that you may provide when you visit our website available at:
This Policy applies to information we collect on this Website or in emails and other electronic messages between you, other users of the Services and the Company, and information gathered when you interact with the Website and Services as disclosed in this Policy.
Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our Website or access the Services. By using our Website, you agree to the terms of this Policy. This Policy may change from time to time (see below, “Changes to this Policy”). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
2. Website Terms of Use; Other Agreements and Requirements
This Policy should be read in conjunction with https://ambra.app/privacy-policy, into which this Policy is incorporated by reference.
The laws that protect privacy and the confidentiality of individually identifiable health information, such as the Health Insurance Portability and Accountability Act (“HIPAA”) may also apply to telemedicine and may apply to certain aspects of the Services. Should you engage the Services, you will receive and have the opportunity to review, and you must acknowledge the Company’s Privacy Act Statement prior to participating in the Services. The Privacy Act Statement explains how the Company may use and disclose individually identifiable health information for treatment, payment, and healthcare operations.
However, please note that not all information you provide or use through engagement of the Website or Services is necessarily protected by HIPAA. Regardless, your Personal Information will always be processed in accordance with this Policy. Should there ever be a conflict between this Policy and the Privacy Act Statement with respect to any Personal Information, the Privacy Act Statement shall apply.
3. What We Collect and How We Collect It
To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy.
Information You Provide to Us
Personal information is any information that can be used to individually identify you from a larger group (“Personal Information”), such as data including, but not limited to, your:
You may provide us Personal Information when you:
The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as when contacting the Company to request further information. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, or other sensitive personal or financial data unless required for delivery of the Services.
Additionally, we may ask you to create a username and password that should only be known to you. When you provide this information to us, you are no longer anonymous. Moreover, we may receive information about you from other sources and add it to the information you have provided to us.
Automated Information Collection
In addition to the information that you provide to us, we may also collect information about you during your visit to our Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website. Some of the tools we use to automatically collect information about you may include:
(a) Cookies. A “cookie” is a small data file transmitted from a website to your device’s hard drive. Cookies are usually defined in one of two ways, and we may use either (or both) of them:
(1) session cookies, which do not stay on your device after you close your browser, and
(2) persistent cookies, which remain on your device until you delete them or they expire.
We may use the following categories of cookies on our Website.
iii. Functionality Cookies. These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot track your browsing activity on other websites.
Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.
(b) Google Analytics. The Website sends aggregated, non-Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance. For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.
(c) Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Website. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.
(d) Embedded Web Links. Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.
(e) Third-party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing. For example, we may collect data where our banner advertisements are displayed on third-party websites.
4. How We Use Your Information
The information we gather and that you provide is collected to provide you with relevant information and the Services you request, in addition to various other purposes, including, but not limited to:
5. How We Share Your Information
We do not sell or lease your Personal Information to any third party. We may disclose your Personal Information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide high-quality experiences that you have come to expect from us. We will share your Personal Information with these third parties in order to allow them to fulfill the service that they provide to us. These third-party partners are under contract to keep your Personal Information secure and not to use it for any reason other than to fulfill the service we have requested from them.
Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:
There are circumstances where the Company may decide to buy, sell, reorganize, or merge its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your Personal Information is used in accordance with this Policy.
6. Your Choices and Selecting Your Privacy Preferences
We want to provide you with the relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertain to such information.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or Service-oriented messages, such as appointment confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide Services, and are not intended for the purposes of marketing.
We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.
7. Text Messaging
You may have the opportunity to receive SMS or “text” messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Website Terms of Use. In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out of receiving such texts at any time by following the instructions from CCAW. Therefore care should always be taken to limit the Personal Information included in such messages, especially protected health information.
Any such communications you receive from us will be administered in accordance with your preferences and this Policy.
8. Accuracy and Access to Your Personal Information
We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.
Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.
9. Information of Minors
We do not knowingly allow individuals under the age of eighteen (18) to create accounts that allow access to our Services. We do not target the Website to minors, and would not expect them to be engaging with our Website or Services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.
10. Third-party Websites
This Policy does not apply to websites or other domains that are maintained or operated by third parties or our affiliates. Our Website may link to third-party websites and services. For example, if you click on an advertisement on this Website, you may be taken to another website that we do not own or control. These links are not endorsements of these websites, and this Policy does not extend to them. Because this Policy is not enforced on these third-party websites, we encourage you to read any posted privacy policy of the third-party website before using the service or website and providing any information.
11. Your California Rights
Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Desert Institute for Spine Care, PC is not a “business” under California Civil Code 1798.140. However Desert Institute for Spine Care provides that if you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law. Any Personal Information we collect is collected for the commercial purpose of effectively providing our Services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity.
Access. You may call us at 602-944-2900 to request a copy of your Personal Information our Website databases currently contain.
Prohibit Data Sharing. When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to [email protected]. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information. When such prohibitions are not possible as they would impact our ability to provide our Services to you, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Portability. Upon request and when possible, we can provide you with copies of your Personal Information. You may submit a request via email to [email protected]. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Policy.
Deletion. If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at [email protected]. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
In addition to the phone number provided above, you may also submit requests to our email: [email protected].
We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.
If a California data subject exercises their rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our Services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our Services, or taking any other adverse action.
12. For Website Users Outside of the United States
Our Website is designed for use by individuals in the United States only. We do not warrant or represent this Policy or the Website’s use of your Personal Information complies with the laws of any other jurisdiction. Furthermore, to provide you with our Services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours. Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy.
13. Safeguarding the Information We Collect
We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information, including PHI, against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us immediately of any actual or suspected unauthorized use.
14. Changes to this Policy
This Policy describes our current policies and practices with regard to the information we collect through this Website. We are continually improving and adding to the features and functionality of this Website along with the Services we offer. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link on the bottom of each page at https://www.sciatica.com/privacy-policy/.
15. How to Contact Us
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please call 602-944-2900.
LEGAL NOTICES
CURRENT PROCEDURAL TERMINOLOGY (“CPT”)
CPT Copyright © 2016 American Medical Association. All rights reserved.
Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Applicable FARs/DFARs restrictions apply to government use.
CPT is a registered trademark of the American Medical Association.
ViewMedica®is registered trademark of publisher Swarm Interactive,Inc. © 2022 Swarm interactive, Inc.
If you are seeing a provider while you are located in California, please be advised that medical doctors are licensed and regulated by the Medical Board of California (800-633-2322; www.mbc.ca.gov).
GEOGRAPHIC RESTRICTIONS
I hereby certify that I am located in my current state (indicate on registration), and agree to only interact with a Provider using the Services while I am present in that state. I acknowledge that my ability to access and use the Services is conditional upon the truthfulness of the certifications I make at the time of accessing a Provider, and that the Providers I access are relying upon this certification in order to interact with me.
AGE REQUIREMENTS
I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf. I acknowledge that my ability to access and use the Virtual Second Opinions by Desert Institute for Spine Care, LLC and information is conditional upon the truthfulness of my certification of age.
Desert Institute for Spine Care, P.C. Privacy Act Statement
To our patients: This notice describes how your Protected Health Information (PHI) may be used and disclosed, and how you can get access to your health information. This is required by the Privacy Regulations created as a result of the Health Insurance Portability and Accountability Act of 1996(HIPAA). Our practice is dedicated to maintaining the privacy of your PHI. We are required by law to maintain the confidentiality of your PHI. This notice is to provide you with our legal duties and privacy practices, which we agree to abide by the terms of the notice currently in effect. We reserve the right to change the terms of this notice and to make the new notice provisions effective for all PHI that it maintains, any revised notices will be posted here and available for your request at our front desk and available on our website www.sciatica.com.
With your written consent our practice may use and disclose your PHI in the following ways:
Certain circumstances may require us to use or disclose your PHI without your consent, below are examples:
Your written authorization is required in the following circumstances:
You have the right to request a restriction or limitation on the medical information we use or disclose about you : for treatment, payment, or health care operations. We are not required to agree to your request. If we do agree, we will comply with your request unless the PHI is needed to provide you emergency treatment. To request restrictions, you must make your request in writing to Desert Institute for Spine Care, Attn: Administrator. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply, for example disclosures to your spouse.
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to Desert Institute for Spine Care, Attn: Administrator. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted, and must contain a statement that disclosure of all or part of your medical information that you are requesting to be communicated to you in a certain way or at a certain location could endanger you.
You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include information compiled in anticipation of a legal proceeding or psychotherapy notes. To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to Desert Institute for Spine Care, Attn: Administrator. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or other supplies associated with your request and will provide you with access and/or copies within 30 days.
We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by the Practice will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
If you feel the medical information about you is incorrect or incomplete, you have the right to ask us to amend the information. You have the right to request an amendment for as long as the information is kept by our Practice. To request an amendment, your request must be made in writing to Desert Institute for Spine Care, Attn: Medical Assistant. In addition, you must provide a reason that supports your request. We have 60 days to respond.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
You have a right to restrict certain disclosures of PHI to a health plan where you have paid out of pocket in full for that health care item or service.
You have the right to request an “accounting of disclosures.” This is a list of the discourses we have made of medical information about you. You must request this list in writing to Desert Institute for Spine Care, Attn: Administrator. Your request must state a time period, which may not be longer than six years and may not include dates before April 14, 2003. We may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at the time before costs are incurred.
You have a right to a paper copy of this notice that is available at front desk or may be printed from our website www.sciatica.com.
We reserve the right to change this notice.
COMPLAINTS: If you believe your privacy rights have been violated, you may file a complaint with the Administrator at (602) 944-2900, or with the Arizona Department of Health Services at (602) 364-3030, or visit www.adhs.gov, or write to ADHS, 150 North 18th Ave, Ste. 450, Phoenix, AZ 85007, or the Medicare Beneficiary Ombudsman at https://www.medicare.gov/claims-and-appeals/medicare-rights/get-help/ombudsman.html. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
