SNIFFLE TERMS OF USE

REVISED MAY 1, 2018

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

These Terms of Use are a legal contract between Sniffle Health Inc. (Sniffle, we, us, or our) and Patients and Providers (collectively, you) who use the Services we provide through our Site. In addition to these Terms of Use, our agreement with you includes the terms and conditions of our Privacy Statement, our Security Statement, our Mobile Application Terms of Service; and, if you are a Provider, the Provider Terms of Use (collectively, the Terms), all of which are incorporated herein by this reference and can be found by either clicking on the hyperlinks or visiting our Legal Center. BY ACCESSING OR USING OUR SITE OR SERVICES, YOU ARE AGREEING TO THE TERMS; IF YOU DO NOT AGREE WITH THE TERMS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

Sniffle is not a healthcare provider and it does not itself provide medical diagnoses, treatment or advice.  Such professional services are independently provided by physicians’ or other healthcare providers who use the Service as a way to communicate with you. Any information or advice received from a provider comes from them alone, and not from Sniffle. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither Sniffle, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any act or omission, or breach of duty of a health care provider occurring via the Service or for any other information obtained on the website. SNIFFLE HEALTH does not endorse any specific tests, physicians, medications, products or procedures that may be recommended by the providers that use the Service to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by such providers via the Service is solely at your own risk and you assume full responsibility for all risks associated therewith.

Sniffle makes no representations or warranties about the training skill or qualifications of the healthcare providers who provide services via the Service. Sniffle simply provides a list of available providers licensed in a given U. S. state, based solely on information available from state medical boards. You are ultimately responsible for choosing your particular healthcare provider.

  1. Beta Release. Sniffle offers the Site and the Services in Beta Release, and, until or unless Sniffle releases a commercial version of the Site and Services, any account that accesses or uses the Site or the Services is a Beta Account. Sniffle may offer you the possibility of converting your Beta Account to a commercial release version account after the date on which Sniffle launches the Site and Services to the public (Public Launch Date).  If you do not desire to continue using the Site or the Services after the Public Launch Date, you may contact Sniffle to delete your Beta Account in accordance with the terms and conditions governing deletion of personal information set forth in Sniffle’s Privacy Policy. While Sniffle generally intends to distribute commercial release versions of the Site and the Services, Sniffle reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Sniffle to be suitable for commercial use, and that it may contain errors affecting its proper operation. Sniffle will have no liability under the Terms (including any indemnification obligations) arising out of or related to your use of any Beta Features. Your use of any Beta Features will be solely at your own risk and may be subject to additional requirements as specified by Sniffle. Sniffle is not obligated to provide support for Beta Features, and at any time Sniffle may cease providing Beta Features as part of the Service. Sniffle may use and disclose any data derived from your use of any Beta Feature for any purpose as long as Sniffle does not disclose results to third parties in such a manner as would identify or reasonably be expected to identify you without your prior written consent. You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. BY ACCEPTING THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE.  SNIFFLE SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.
  2. Communication Platform. Sniffle endeavors to (i) provide an online tele-health video communication platform through which Providers can practice telemedicine by performing online, real-time, diagnostic encounters with Patients and (ii) perform limited administrative services for Providers, such as appointment scheduling and billing, related to a Provider’s telemedicine appointments. Sniffle does not provide or sell healthcare services or health insurance and does not charge or collect fees for referral services.
  3. Patient/Provider Relationship. Sniffle is not a healthcare provider and it does not itself provide medical diagnoses, treatment or advice. Sniffle does not control or influence any healthcare service or medical advice a Provider may communicate to a Patient through the Services. Although we endeavor to facilitate communication between Patients and Providers, we do not control, supplant, intervene in, or interfere with a Provider and Patient’s physician/patient relationship. If a Provider uses the Site or Services to communicate medical advice to a Patient, the Provider agrees that the Provider’s medical advice will be based on (i) the information that the Patient communicates to the Provider and (ii) the Provider’s use of the applicable local standards of care. PROVIDERS ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE PRACTICE OF MEDICINE IN THE APPLICABLE JURISDICTION. Providers and Patients may not use the Site or Services for active Patient monitoring, immediate clinical action, or continuous Patient monitoring. USERS MAY NOT USE THE SERVICES FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN MEDICAL CLINIC OR EMERGENCY ROOM.
  4. Fees and Payments. The Sniffle Website is free to visit and the Mobile Application is free to download. When either (i) a Patient uses the Website or the Mobile Application to schedule an appointment with a Provider or (ii) a Provider accepts an appointment with a Patient, Sniffle charges and collects a software user fee upon scheduling equal to our then-current price, which we present in the scheduling and booking section of the Website or the Mobile Application. You agree to pay the then-current software user fee when you schedule or accept an appointment. Except as may be required by applicable law, any software user fee you pay is non-refundable, even if, for any reason, the Patient or the Provider fails to keep the appointment.
  5. Payment of Fees. You must pay any required fee with a credit or debit payment card (Visa, MasterCard, American Express, and Discover) on the date that you schedule or accept a consultation appointment or otherwise use the Service for which Sniffle charges a software user fee. If Sniffle cannot charge your credit card or other payment method for any reason, Sniffle reserves the right to either suspend your account or otherwise prevent your access to the Site and Services. By using the Services, you expressly agree that Sniffle is permitted to bill you and you will pay any applicable fees, any applicable tax, and any other charges you may incur in connection with your use of the Site and the Services. IF YOU CANCEL OR OTHERWISE FAIL TO KEEP AN APPOINTMENT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND.
  6. Reschedule. Sniffle may in its discretion permit a patient to reschedule an appointment without charging the patient an additional software user fee, so long as the physician agrees, the patient accepts the new scheduled time, and the medical encounter using the Sniffle platform was never started. If the patient and physician have already started an encounter using the Sniffle platform, the patient must schedule a new appointment if needed; and the corresponding fees must be paid for this new appointment.
  7. Reimbursement. Visit prices are set independently by each physician. Prices commonly range between $50 and $150. You can view the price a specific provider charges for your visit in their profile before you book your visit. Sniffle may check insurance eligibility for you and provide you with an estimate of your out-of-pocket / co-pay for a specific visit. This is only an estimate based on the data provided by the patient’s current insurance provider according their plan. A physician may accept only the co-payment or collect the full amount depending on the physician’s ability to collect any reimbursement from the patient’s insurance provider. Patients are responsible to pay for their visit and must pay for the visit using a valid credit card. While Sniffle does not submit any insurance claims on behalf of patients, we may provide a detailed receipt for the visit that can be proactively submitted to an insurance provider. Reimbursement decisions will vary from plan to plan and from state to state.
  8. Taxes. Unless otherwise stated, you are responsible for any taxes (other than income tax) or duties associated with Sniffle’s sale of Services to you, including any related penalties or interest (Taxes). You agree to pay Sniffle for the Services without any reduction for Taxes. If Sniffle is required to collect from you or pay Taxes on your behalf, the Taxes will be charged to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payment to us, you must provide us with an official tax receipt or other appropriate documentation to support such withholding. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Services. The reporting and payment of any such applicable Taxes are your responsibility.
  9. Additional Fees and Pricing Changes. We reserve the right to charge other fees for using various features of the Services, and we may change the price for our Services at any time. We will endeavor to provide reasonable notice of any additional fee or any price change by posting a notice in the scheduling and booking section of the Website or the Mobile Application.
  10. Registration and Account Creation. You need not register with Sniffle to view, visit, or browse through the Site to see the partial, publicly accessible information on the Site. However, to access the Services and the Materials offered on and through the Site, you must register with Sniffle for an account and receive a password. If you are a Provider, to use and access the Services, you must contract separately with Sniffle by agreeing to the Sniffle Terms of Service and Business Associates Agreement contained herein in order to create a Provider Account, and begin inviting Patients to join your Sniffle practice. Providers may also be required to complete a short training and orientation session with Sniffle prior to activation of any account. Sniffle may cancel provider contract and their ability to access the services at any time for any reason.

To register for an account with Sniffle, Providers and Patients must submit the following information through the account registration page on the Website or the Mobile Application, as the case may be:

  1. Providers. If you are a Provider, to create an account Sniffle requiresyou to provide certain information about your practice, including: (i) your first and last name, date of birth, gender, physical mailing address, email address, mobile phone number, and work phone number; (ii) the name of your medical practice, its physical mailing address, phone number, and fax number; and (iii) a valid user id and password. We may also collect certain optional information, including: (i) your middle name or initial, (ii) your bank account or other payment information, and (iii) other contact details, picture and communication preferences.
  2. Patients. If you are a Patient, to create an account Sniffle requiresyou to provide certain information, including: (i) your first and last name, date of birth, gender, physical mailing address, email address, mobile phone number, and work phone number and (ii) a valid user id and password.  We may also collect certain optional information that is not required to register for an account, but may be helpful to Sniffle including (i) your middle name or initial, (ii) home phone and other contact info, (iii) pharmacy name and contact details, (iv) picture and communications preferences. Although not necessary to create an account, while using the Services, a Provider may require you to provide additional information such as health-related information.
  3. Minors. If you are an individual, you may only use the Services if you have the power to form a contract with Sniffle. If you are under 13 years old or do not have the power to form a contract with Sniffle, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors.
  4. Other Entities and Agents. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services. You agree not to register an account on behalf of any other individual, or to register an account on behalf of any group or entity unless authorized to bind such person, group or entity to the Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
  5. Privacy and Security. Please refer to our Privacy Policies for additional details regarding the information we collect and what we do with that information. When you access and/or use the Site and the Services, we may obtain information about you or you may be required to provide us with certain information. We will use your information in accordance with our Privacy Policy. When you register for an account or use the Services and/or the Site, you are accepting our Privacy Policy, as may be amended from time to time. If you do not agree to have information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and the Services. You are responsible for maintaining the confidentiality of your user id and password, and you are responsible for all activities that occur using your user id and password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify Sniffle if your password is lost, stolen, or if you become aware of any unauthorized use of your password or if you know of any other breach of security in relation to the Site or the Services. You are solely responsible for any and all use of your account and all activities that occur under or in connection with your account. Any information you provide when registering for an account and otherwise through the Site or the Services must be accurate, complete, and up to date. If there is a change in status in any information you provide you must change it on the site immediately. You may change, correct, or remove information from your account by logging into your account and making the desired changes. If Sniffle terminates your account, you may neither register for a new account nor designate other individuals to use an account on your behalf.
  6. Patient Responsibilities. If you are a Patient, you acknowledge and agree that your relationship for health care services is with your Provider, not Sniffle, and you obtain health care services from Providers solely at your own risk, and you assume full responsibility for all risks associated therewith, to the extent permitted by law. By using the Services, you agree not to hold or attempt to hold Sniffle liable in any way for any malpractice or substandard treatment any Provider may render. Although Sniffle attempts to validate that each Provider is in good standing with their respective licensure board(s), before each time you use the Services, it is your sole responsibility to confirm separately that your chosen Provider is in good standing with the Provider’s licensing board(s). ALL SERVICES RENDERED THROUGH THE SNIFFLE SERVICE ARE THE FINANCIAL RESPONSIBILITY OF THE PATIENT AND NOT THE INSURANCE COMPANY. PHYSICIANS MAY BILL THE PATIENT’S INSURANCE COMPANY AS A COURTESY TO THE PATIENT. PATIENTS ARE RESPONSIBLE TO ENSURE THAT THE PHYSICIAN IS PAID FOR THE SERVICES RENDERED. INFORMATION WILL BE MADE AVAILABLE TO PATIENTS TO ENABLE PATIENTS TO FILE WITH THEIR INSURANCE ON THEIR OWN BEHALF.
  7. Provider Responsibilities. If you are a Provider, you are responsible for every aspect of the health care services you provide to Patients during your use of the Services. You are responsible for complying with all applicable laws required for your use of the Service, including, without limitation, any and all federal, state and local licenses and certifications required to practice medicine, including telemedicine. You also agree to maintain malpractice and liability insurance in accordance with any regulatory and local requirements. You are also responsible for obtaining your Patient’s informed consent to receive medical services through the Services. Although Sniffle has established reasonable safeguards and procedures to protect the security of Patient information, you as a Provider must also take steps to protect the privacy and confidentiality of your Patients’ information. Providers are required to comply with any and all privacy laws applicable to providing health care to Patients through the use of the Services, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Each Provider must enter a HIPAA business associate agreement with Sniffle. Sniffle makes no warranties or representations regarding a Provider’s ability to bill third-party payors for any health care services provided to Patients using the Site or the Services. Providers are responsible for complying with all federal, state, and local laws in billing for the services provide to Patients using the Services.
  8. Legal Compliance. Whether you are a Patient or a Provider, you must use the Services in compliance with, and only as permitted by, applicable law.
  9. Your Responsibilities. You are responsible for your conduct, your Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:

19.1 You may not purchase, use, or access the Site or Services for the purpose of building a competitive product or service or for any other competitive purposes.

19.2 You may not misuse our Site or Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

19.3 You may not circumvent or attempt to circumvent any limitations that Sniffle imposes on your account.

19.4 Unless previously authorized by Sniffle in writing, you may not probe, scan, or test the vulnerability of any Sniffle system or network.

19.5 Unless previously authorized by Sniffle in writing, you may not use any automated system or software to extract or scrape data from our Website, or Mobile Application, or any website or other interfaces through which we make our Services available.

19.6 Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Site or Services, or attempt to do so.

19.7 You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Site or Services.

19.8 You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. We will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to us, although we reserve the right to terminate your account immediately.

19.9 You may not use the Site or Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

19.10 Unless authorized by Sniffle in writing, you may not resell or lease the Services.

19.11 If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Sniffle has agreed with you otherwise. You may not use the Services in a way that would subject Sniffle to those industry-specific regulations without obtaining Sniffle’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Sniffle that permits you to do so.

  1. Prohibited Activity. When using this Site and/or the services, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use racially, ethnically, or otherwise offensive language; Discuss or incite illegal activity; Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); Post anything that exploits children or minors or that depicts cruelty to animals; Post any copyrighted or trademarked materials without the express permission from the owner; Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; Use any robot, spider, scraper or other automated means to access the Site; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

Alter the opinions or comments posted by others on this Site; Post anything contrary to our public image, goodwill or reputation;

  1. Non-Exclusive Lists Responsibilities and Prohibited Activity. The list of prohibitions in the Section 19 and 20 are examples and are neither complete nor exclusive. Sniffle reserves the right to (a) terminate access to your account and (b) refuse, delete or remove your Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Sniffle determines is inappropriate or disruptive to the Site or Services or to any other user of the Site or Services. Sniffle may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at Sniffle’s discretion, Sniffle will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or Services or generally on the Internet.
  2. Prescriptions and Treatment. Sniffle Health does not provide any medical advice or treatment. Although doctors using the Sniffle app and Software can prescribe a wide range of medication there is no guarantee that prescription will be issued. It is up to the doctor to recommend the best treatment. Prescriptions for substances controlled by the DEA, non-therapeutic, and/or certain other drugs which may be harmful because of their potential for abuse may not be prescribed through use of the Sniffle app or software. Also, non-therapeutic drugs such as Viagra and Cialis may not be prescribed using The Sniffle platform. Please refer to this link to View the current list of DEA controlled substances »
  3. Indemnity for Unauthorized Use. Unauthorized use of any Materials or Third-Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold Sniffle and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sniffle or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of the Site or Services by any person using your user name and/or password violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
  4. Privacy. While using the Site or Services, you may submit content to Sniffle (including your personal data and the personal data of others) and you may submit content to third parties through the Services (your “Content”). Sniffle’s Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content, and we agree to adhere to those privacy policies. You in turn agree that Sniffle may use and share your Content in accordance with our privacy policies.

Sniffle will store and process your Content in a manner consistent with industry security standards. Sniffle has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.

  1. Our Content. Sniffle may provide content on and through the Site and the Services that is copyrighted and/or trademarked work of Sniffle or Sniffle’s third-party licensors and suppliers or other users of the Site (Materials). Materials may include logos, graphics, video, images, software and other content. Subject to the Terms, and your ongoing compliance with the Terms, Sniffle hereby grants to you a limited, personal, non-exclusive, and non-transferable license to use and to display Materials and to use the Site and the Services solely for your personal use.  Except for the foregoing license, you have no other rights in the Site, Services, or Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Site, Services, or Materials in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately cease using the Site, Services, or Materials and destroy any downloaded or printed Materials.
  2. Trademarks Sniffle is a trademark of Sniffle Health Inc. in the United States of America. Other trademarks, names and logos that are used in Materials on the Site or the Services are the property of their respective owners. Unless otherwise specified in the Terms, all information and webpages appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sniffle and/or their owners.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Sniffle respects the intellectual property rights of others, and we ask you to do the same. Sniffle may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and the Services if you infringe the intellectual property rights of others.
  3. Your Content. You own and are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, transmit, or otherwise make available on or through the Site or the Services (your Content). You may not upload, post or otherwise make available on the Site or the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and you bear the burden of determining whether any material is protected by any such right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from your Content. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. Unless otherwise explicitly stated herein or in Sniffle’s privacy policies, you agree that your Content is provided on a non-proprietary and non-confidential basis, except for your Content that also constitutes personally identifiable information or protected health information. You hereby grant to Sniffle a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Content (other than your Content that also constitutes personally identifiable information or protected health information), or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your Content.  We may modify or adapt your Content in order to transmit, display or distribute your Content over computer networks and in various media and/or make changes to your Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media.  Sniffle agrees to use any of your Content that constitutes personally identifiable information or protected health information in accordance with Sniffle’s privacy policies. By providing your Content, you agree that your Content will not violate the “Unauthorized Activities” paragraph below.  Those prohibitions do not require Sniffle to monitor, police or remove your Content or other information submitted by you or any other user.
  4. Third-Party Sites. The Site, Services, or Mobile Application may link to other websites or applications that Sniffle neither owns nor operates, such as payment facilitators, Provider directory services, Provider licensure verification services, or health insurance coverage verification services (Third-Party Sites).  The Site, services, or the Mobile Application may allow you to interact and/or conduct transactions with Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on the Site to be shared with your contacts in your Third-Party Site account and, in certain situations, clicking or tapping on a link may transfer you to a Third-Party Site but it may appear that you are still on the Site.  In any case, you acknowledge and agree that Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Sniffle, and you further acknowledge and agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any of Third-Party Sites. Sniffle may provide links to Third-Party Sites to you as a convenience, and Sniffle does not verify, make any representations or take responsibility for Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through Third-Party Sites. YOU AGREE THAT SNIFFLE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR YOUR DEALINGS OR COMMUNICATIONS WITH THIRD-PARTY SITES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY SITE.  Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Sniffle’s endorsement or recommendation.
  5. Mobile Application. Sniffle may make the Mobile Application available to allow you to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Sniffle does not warrant that the Mobile Application will be compatible with your mobile device. Sniffle hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use, or, if you are a Provider, owned or leased by you or your organization. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Sniffle may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device.  You consent to such automatic upgrading on your mobile device, and agree that the Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Sniffle and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
  6. Apple iOS. The following additional terms and conditions apply with respect to any Mobile Application that Sniffle provides to you that is designed for use on an Apple iOS-powered mobile device (our iOS App):

30.1 You acknowledge that the Terms are not between you and Apple, Inc. (Apple).

30.2 Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.

30.3 You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

30.4 You agree that Apple is not responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms.

30.5 You agree that Apple is not be responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

30.6 You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).

30.7 The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as the Terms relate to your possession or use of our iOS App. Upon your acceptance of the Terms, as a third-party beneficiary of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as they relate to your possession or use of our iOS App.

  1. Android. The following additional terms and conditions apply with respect to any Mobile Application that Sniffle provides to you that is designed for use on an Android-powered mobile device (our Android App):

31.1 You acknowledge that the Terms are not between you and Google, LLC, its parents or subsidiaries (Google).

31.2 Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.

31.3 You agree that Google is only a provider of the Google Play application market where you obtained the Android App and Google is not responsible for our Android App, the Services, or Materials available thereon.

31.4 You agree that Google has no obligation or liability to you with respect to our Android App or the Terms.

31.5 You acknowledge and agree that Google is a third-party beneficiary to the Terms as the Terms relate to our Android App.

  1. Geo-Location. The Services may include and make use of certain functionality and services provided by third-parties that allow Sniffle to include maps, geocoding, places and other content from third-parties providers such as Google as part of the Services (Geo-Location Services). Your use of the Geo-Location Services is subject to the third-party’s then current terms of use (e.g., Google Maps/Google Earth) and privacy policies (e.g., Google Privacy Policy). By using Geo-Location Services, you agree to be bound by the third-party’s terms of use and privacy policies.
  2. Warranty Disclaimers.

33.1 Express and Implied Warranty Disclaimers. You use the Site and the Services at your own risk. SNIFFLE PROVIDES THE SITE AND SERVICES “AS IS” AND SNIFFLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Site, Services, or any third-party sites linked to or from the Site or Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the Materials on the Site or any third-party sites or services linked to or through the Site or Services.

33.2 Warranty Disclaimer Related to Healthcare Services. Sniffle is not a healthcare provider. The text, graphics, images, information obtained from Sniffle’s licensors’ and other Materials contained on the Site and the Services are for informational purposes only, and are intended to support, not replace or intervene in, the doctor-patient relationship that exists between a Patient and Provider. Any Materials or other information contained on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment and should not be construed as medical recommendation or professional advice. Always seek the healthcare advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay seeking medical advice because of something you have seen or read on the Site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. SNIFFLE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. YOU RELY ANY INFORMATION OR MATERIALS APPEARING ON THE SITE SOLELY AT YOUR OWN RISK.

33.4 Warranty Disclaimer Related to Communications. When you use the Site or Services, you may transmit your Content over a medium that may be beyond the control and jurisdiction of Sniffle and its suppliers. Accordingly, Sniffle expressly disclaims and assumes no liability for or relating to any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or Services.

35 Limitation of Sniffle’s Liability. IN NO EVENT SHALL SNIFFLE BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING FROM, RESULTING FROM, OR IN ANY WAY CONNECTED TO YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS FROM THE SITE OR YOUR USE OF THE SITE OR SERVICES, EVEN IF SNIFFLE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. In no event will Sniffle, our affiliates, licensors, suppliers and or their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with your use of Site or Services, any interruption in availability of the Site or Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Site, Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.  By using the Site or Services, you agree that Sniffle, its licensors, its suppliers, or any third parties mentioned on the Site are not and will not be liable for any personal injury, including death, caused by your use or misuse of the Site, Services, or Materials. If any jurisdiction prohibits the exclusion or limitation of incidental or consequential damages, Sniffle’s liability in that jurisdiction shall be limited to the maximum extent permitted by law. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED IN ANY WITH THE SITE OR SERVICES WILL BE TO CEASE USING THE SITE OR SERVICES.

  1. Indemnification. You agree to indemnify, defend, and hold Sniffle, its subsidiaries, affiliates, licensors, and suppliers, and their and our officers and directors, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Site or Services and any alleged violation by you of the Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request. If you are a Provider, you will indemnify and hold harmless Sniffle and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any Patient’s or other third party’s claim regarding or in connection with your use of the Services or breach of the Terms, to the extent that such liabilities, damages and costs were caused by you.

Changes and Updates.

  1. Changes to Terms. Sniffle may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Sniffle can change, update, or add or remove provisions of the Terms at any time by posting the updated Terms on the Site and by providing a notice on the Site.The most current version will always be posted on the Sniffle Website. If an amendment is material, as determined in our sole discretion, we will notify you by email. Notice of amendments may also be posted to our blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require us to obtain your consent to such changes, or to provide you with sufficient advance notice of them. By using the Site or Services after Sniffle has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services because by continuing to use the Services you indicate your agreement to be bound by the updated Terms.
  2. Changes to Services. Sniffle constantly changes and improves the Site and Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue the Site or Service, or any feature of the Site of Service, at any time in our sole discretion. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
  3. Local laws; Export Control. Sniffle controls and operates the Site and the Services from its headquarters in the State of Arkansas in the United States of America, and the Site, Service, or Materials may not be appropriate or available for use in other locations.  If you use the Site or Services you are responsible for following applicable local laws and regulations.
  4. Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials to Sniffle, whether by letter, email, telephone, or otherwise (Feedback), suggesting or recommending changes to the Site, Services, or Materials, including, without limitation, new features or functionality relating thereto, all Feedback is, and will be treated as, non-confidential and non-proprietary information. You hereby assign all right, title, and interest in, and Sniffle is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in Feedback, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using Feedback. You understand and agree that Sniffle is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Legal Disputes.

  1. Choice of Law. Thee Terms will be subject to and construed in accordance with the laws of the State of Arkansas, United States of America, excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Sniffle must be resolved exclusively by a state or federal court located in the State of Arkansas, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You hereby submit to the personal jurisdiction of any state or federal court located in Little Rock, Arkansas.
  2. Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Sniffle may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. If Sniffle elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (ADR) provider chosen by Sniffle. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
  3. Electronic Communications. By using the Site and/or the Services, you consent to receiving electronic communications from Sniffle. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Sniffle. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  4. General. Sniffle prefers to advise you if we feel you are not complying with the Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Sniffle, may result in immediate termination of your access to the Site without prior notice to you. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to the Terms. If any of these Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Sniffle’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and Sniffle and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Sniffle about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
  5. Assignment. You may not assign the Terms without Sniffle’s prior written consent, which may be withheld in Sniffle’s sole discretion. Sniffle may assign these Terms at any time without notice to you.
  6. Entire Agreement. The Terms (including the Additional Terms) constitute the entire agreement between you and Sniffle, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of the Terms, and are void.
  7. Independent Contractors. The relationship between you and Sniffle is that of independent contractors, and not legal partners, employees, or agents of each other.
  8. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
  9. No Waiver. Sniffle’s failure or delay to enforce a provision under the Terms is not a waiver of its right to do so later.

Precedence. To the extent any conflict exists, the Additional Terms prevail over this Terms of Use with respect to the Services to which the Additional Terms apply.

  1. Severability. If any provision of the Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
  2. Third Party Beneficiaries. Except as expressly provided in the terms, there are no third party beneficiaries to the Terms.
  3. Survival. The following sections will survive the termination of the Terms: 8, 10, 15, 16, 19, 23, 26, 33, 35, 36, 37, 39, 41, 43, 45, 46, 49
  4. Definitions. As used in the terms, the following words have the following meanings:

53.1 “Beta Account” is a Patient or Provider account that accesses or uses a Beta Release.

53.2 “Beta Feature” means any Service feature or Service that is  expressly identified as “Beta”, “Alpha”, “Experimental” or “Pre-Release” or that is otherwise expressly identified as unsupported.

53.3 “Beta Release” means a Sniffle Account that accesses or uses Beta Features may contain, in Sniffle’s sole discretion, Beta Features or more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services.

53.4 “Mobile Application” means any mobile application developed by Sniffle to allow Patients and Providers to use the Services.

53.5 “Patient” or “Patients” means an individual user of the Services.

53.6 “Provider” means a participating medical professional.

53.7“Service” or “Services” means any product or service Sniffle offers through the Site or the Mobile Application.

53.8 “Site” means the Website, the Mobile Application, any website, webpage, or application linked to through the Website or the Mobile Application, and any software we provide to allow you to use a mobile device to access our Website or Mobile Application.

53.9 “Sniffle Account” means a Patient’s account or a Provider’s account established in accordance with the Terms.

53.10 “Website” means the website any webpage linked to from the webpage located at www.sniffle.com/.

  1. Contact. If you have any questions about the Terms or otherwise need to contact Sniffle for any reason, you can reach us at Sniffle Health Inc., 400 West Capitol Ave Suite 1700, Little Rock, AR 72201 with a copy to support@Sniffle.com or call us at (800) 510-1389.

 

Security Statement

 

Sniffle, Inc. (“Sniffle,” “we” or “us”) values your data security. Sniffle offers a Telemedicine Platform and Service (the “Services”). This Security Statement applies to our Mobile Applications, website https://www.sniffle.com (the “Site”), and any services accessible through the Mobile Applications or the Site. Through the Services, participating healthcare professionals and their staff (“Healthcare Providers” or “Providers”) can provide healthcare services to patients with whom they have a established professional relationship.

 

Sniffle protects all data in its control using reasonable industry standards.

 

Sniffle is concerned with the confidentiality, integrity, and availability of Provider and patient data. Our servers are protected by firewall systems, and scans are performed regularly to ensure that any vulnerabilities are found and patched in a timely manner. Services have measured failover points and redundant hardware, with complete backups performed periodically, consistently with industry standards.

Sniffle applies all software developer patches in a timely, professional manner, as deemed suitable by its engineers, industry professionals, and developer standards.

Providers, patients, and users are responsible for patching their operating systems and applications, and for configuring their own operating systems, databases, and applications.

Sniffle uses industry standard designs to silo data, and otherwise reasonably minimize horizontal access across its systems.

Customer data may be stored in a specific location or in cloud-based resources suitable for the security needs of that data.

Sniffle uses Transport Layer Security (TLS) encryption (also known as HTTPS) for all transmitted data.

It is important for Providers, patients, and users to practice sound security practices including, among other things, using strong passwords (and never sharing them or writing them down) and restricting physical access to their devices.

HITECH (Health Information Technology for Economic and Clinical Health Act) and HIPAA rules to ensure that data, including PHI and ePHI, are protected and appropriate security practices followed. Sniffle safeguards customer data and uses secure data centers to ensure appropriate protection is provided, consistently with HITECH requirements.

Questions regarding this statement may be sent to us at info@sniffle.com or Sniffle, Inc., 400 West Capitol Avenue, Suite 1700, Little Rock AR 72201, Attention: Security Officer.

 

Privacy and Notice of Privacy Policy (NPP)

 

Sniffle, Inc. (“Sniffle,” “we” or “us”) values your privacy. Sniffle offers a Telemedicine Platform and Service (the “Services”). This Privacy Statement applies to our Mobile Applications, website https://www.sniffle.com (the “Site”), and any services accessible through the Mobile Applications or the Site. Through the Services, participating healthcare professionals and their staff (“Healthcare Providers” or “Providers”) can provide healthcare services to patients with whom they have a professional relationship. In this Privacy Statement (“Statement”), we describe how we collect, use, and disclose information that we obtain about visitors to our Site and users of our Services.

By visiting the Site or using our Services, you agree that your personal information, including individually identifiable health information, will be handled as described in this Statement. Your use of our Site and Services, and any dispute over privacy, is subject to this Statement and the Sniffle Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Sniffle Terms of Use are incorporated by reference into this Statement.

 

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?

We may collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

 

Information We Collect Directly From You.

Users may browse the informational areas of the Site without registering as a user. However, registration is required to use the Services. Once a Healthcare Provider has registered with us, subscribed to our Service and has been verified, the Healthcare Provider can then invite Patients to use the Services. After receiving an invite, the Patient would then need to register for a Sniffle account to use the Services.

 

Healthcare Provider Registration. To register, Healthcare Providers must provide certain information about themselves and their practices including: the Healthcare Provider’s name, license number and state of licensure date of birth, gender, physical mailing address, email address, mobile and work phone; the Healthcare Provider’s practice name, physical address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.

 

Patient Registration. Patients must provide certain information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. We may also collect certain optional information, including: middle name or initial, home phone and other contact info, pharmacy name and contact details, other demographic information, health insurance information, credit card number and billing details, picture and communications preferences. In addition, the Patient can communicate other health-related information via the Services and/or directly to the Healthcare Provider during an audio/video consultation.

 

Other. We also collect other information that you submit on our Site, such as comments and blog postings (see “User Generated Content” section below). You must submit your name to post a comment to our blog and you may submit other optional information as well.

 

Information We Collect From Healthcare Providers. Certain features and services are available to patients because their Healthcare Providers use the Services. Healthcare Providers may provide patient names and e-mail addresses to us so we may communicate with Patients on their Provider’s behalf about the availability of certain services.

 

Information We Collect Automatically. We may automatically collect the following information about your use of Mobile Applications, the Site, or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; a time and date stamp and the length of time you visit our Site and/or use our Services; the referring URL, or the webpage that led you to our Site; and your browser type. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section titled “Our Use of Cookies” below for more information about our use of cookies and other tracking mechanisms.

 

HOW WE USE YOUR INFORMATION

We use the information that we gather about you for the following purposes:

  • To provide the Services.
  • To communicate with you about your use of the Services, to respond to your inquiries, to provide technical support and assistance and for other customer-service purposes.
  • To communicate with you regarding the availability of Services on behalf of your Healthcare Provider; otherwise, we do not market to Patients.
  • To send you reminders and other information related to your care on behalf of your Healthcare Provider.
  • To tailor the content and information that we may send or display, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using Mobile Applications, the Site or the Services.
  • To send offers and other promotional communications to Healthcare Providers;
  • To display advertising on Mobile Applications and the Site.
  • To better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Mobile Applications, the Site, and the Services and to respond to user desires and preferences, and for other research and analytical purposes.

 

HOW WE SHARE YOUR INFORMATION

We may share the information that we collect about you, including personally identifiable information, as follows:

Healthcare Providers. As a Patient, your information will be shared with Healthcare Providers as directed and consented to by you. Our Services make your Assessments and related information available to your Healthcare Provider. We will not make information available to Healthcare Providers other than those with whom you have requested that we share your Assessments. This Statement does not address how Healthcare Providers will use and disclose information obtained using Sniffle. If you would like this information, you should ask your Healthcare Provider directly for a copy of his/her Notice of Privacy Practices.

Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf.

Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or if we are a part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other Company.

In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena in compliance with applicable privacy laws.

To Protect Us and Others. We also may disclose the information we collect from you, to the extent permitted by law, where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Statement, or as evidence in litigation in which Sniffle is involved.

Aggregate and De-Identified Information. We may share aggregated or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

 

NPP (Notice of Privacy Practices)

 

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

 

Your Rights

You have the right to:

  •       Get a copy of your paper or electronic medical record
  •       Correct your paper or electronic medical record
  •       Request confidential communication
  •       Ask us to limit the information we share
  •       Get a list of those with whom we’ve shared your information
  •       Get a copy of this privacy notice
  •       Choose someone to act for you
  •       File a complaint if you believe your privacy rights have been violated

 

Your Choices

You have some choices in the way that we use and share information as we:

  •       Tell family and friends about your condition
  •       Provide disaster relief
  •       Include you in a hospital directory
  •       Provide mental health care
  •       Market our services and sell your information
  •       Raise funds

 

Other Uses and Disclosures

We may use and share your information as we:

  •        Treat you
  •       Run our organization
  •       Bill for your services
  •       Help with public health and safety issues
  •       Do research
  •       Comply with the law
  •       Respond to organ and tissue donation requests
  •       Work with a medical examiner or funeral director
  •       Address workers’ compensation, law enforcement, and other government requests
  •       Respond to lawsuits and legal actions

 

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record

You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this. We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

  •       You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  •       We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

  •       You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  •       We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

  •   You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

  •       You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
  •       We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

  •       If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  •       We will make sure the person has this authority and can act for you before we take any action.

 File a complaint if you feel your rights are violated

  •       You can complain if you feel we have violated your rights by contacting us using the information on page 1.
  •       You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
  •       We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

  •       Share information with your family, close friends, or others involved in your care
  •       Share information in a disaster relief situation
  •       Include your information in a hospital directory

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

  •       Marketing purposes
  •       Sale of your information
  •       Most sharing of psychotherapy notes

In the case of fundraising:

  •       We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures

How do we typically use or share your health information? We typically use or share your health information in the following ways.

Treat you

We can use your health information and share it with other professionals who are treating you.

Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.

Example: We use health information about you to manage your treatment and services.

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities.

Example: We give information about you to your health insurance plan so it will pay for your services.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see:   www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:

  •       Preventing disease
  •       Helping with product recalls
  •       Reporting adverse reactions to medications
  •       Reporting suspected abuse, neglect, or domestic violence
  •       Preventing or reducing a serious threat to anyone’s health or safety do research. We can use or share your information for health research.

 

 

 

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

  •       For workers’ compensation claims
  •       For law enforcement purposes or with a law enforcement official
  •       With health oversight agencies for activities authorized by law
  •       For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities

  •       We are required by law to maintain the privacy and security of your protected health information.
  •       We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
  •       We must follow the duties and privacy practices described in this notice and give you a copy of it.
  •       We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see:  www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Changes to the Terms of this Notice

We can change the terms of this notice, and the changes will apply to all the information we have about you. The new notice will be available upon request, in our office, and on website.

Other Instruction for Notice

  •       Date of this Notice
  •       Questions can be forwarded to the Privacy Officer at Info@Sniffle.com or you may call 800.510.1389

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We use cookies and other tracking mechanisms to track information about your use of Mobile Applications, the Site, or Services. We may combine this information with other information we collect from you.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device for record-keeping purposes. Some cookies allow us to make it easier for you to navigate Mobile Applications, the Site, and Services, while others are used to enable a faster log-in process or to allow us to track your activities through Mobile Applications, at the Site, and the Service. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting cookies, how to have the browser notify you when you receive a cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may be able to access certain public areas of the Site, but the Services will not function.

Clear GIFs (a.k.a. web beacons, web bugs or pixel tags). Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored in your device’s memory or drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (in connection with Mobile Applications or the Site to, among other things, track the activities of visitors, help us manage content, and compile statistics about usage. We and our third-party service providers may also use clear GIFs in e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google AnalyticsMixPanel, and Kissmetrics, to evaluate usage of our Site and Services and to help us personalize content on out Site and Services. See, “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time). We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Advertising. We may use network advertisers, such as AdRoll, to advertise our Site and Services on other websites, and we may do so based on your visits to our Site and to other third party Sites. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties. Our Site does not currently respond to browser “Do-Not-Track requests; however, you may find out more about targeted advertising in general, and opt out of targeted ads from many ad networks, including AdRoll, through the National Advertising Initiative (“NAI”) website, or the Digital Advertising Alliance (“DAA”) website.

USER GENERATED CONTENT

We may invite you to post content on our Site, including your comments. Sniffle cannot prevent such information from being used in a manner that may violate this Statement, the law, or your personal privacy. As a result, YOU SHOULD NEVER POST ANY SENSITIVE INFORMATION TO OUR SITE THAT YOU ARE NOT COMFORTABLE SHARING PUBLICALLY (E.G., PERSONAL MEDICAL DETAILS). Sniffle is not liable to you or any other person for any content or information you post to our Site or the use or disclosure of such content or information by other users or third parties.

THIRD-PARTY LINKS

Mobile Applications, the Site, and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Statement, but instead are governed by the privacy statements and policies of those third-party websites. We are not responsible for the practices of third-party websites.

PATIENT HEALTH INFORMATION

Sniffle provides Services to healthcare providers. The privacy and security of Patients’ individually identifiable health information provided to Physicians through Sniffle in connection with the Services may be protected by federal law (HIPAA, the HITECH Act, and their regulations) and state privacy laws. This health information is “protected health information” (“PHI”) or protected health information in an electronic format (“ePHI”). PHI and ePHI may be used and disclosed by Sniffle as necessary to provide Services, for our own management and operations, to meet our legal obligations, and for any other purpose for which Patients have given consent. We may share PHI or ePHI with third parties for these purposes in compliance with applicable law. We may de-identify PHI or ePHI and aggregate it for purposes of monitoring and improving our products and services, for benchmarking purposes, and to provide customized services or technologies our customers.

SECURITY OF YOUR PERSONAL INFORMATION

We have implemented reasonable technical, physical, administrative, and organizational safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, Mobile Applications, and computer by, among other things, signing off and deleting cookies after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

ACCESS TO YOUR PERSONAL INFORMATION

You may modify registration information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

MARKETING EMAILS

We may send periodic promotional or informational emails to Healthcare Providers. Healthcare Providers may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

CONTACT US

We encourage you to contact us if you have any questions or concerns regarding the privacy aspects of our Services or would like to make a complaint. You may write us at 800-510-1389 or Sniffle, Inc., 400 West Capitol Avenue, Suite 1700, Little Rock AR 72201, Attention: Privacy Officer.

CHANGES TO THIS STATEMENT

This Statement is current as of the Effective Date set forth above. We may without notice change this Statement from time to time, so please be sure to check back periodically. We will post any changes to this Statement on this, or a similar, page. If we make any changes to this Statement that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change, such as by highlighting the change on our Site, or emailing the email address of record for your account.

 

Additional Patient Terms and Agreement

 

Informed Consent

Sniffle Health Inc. (Sniffle or we) operates a website and a mobile application that provide a synchronous audio/video communication platform (Sniffle Platform) through which physicians can practice telemedicine. By creating a user account with Sniffle and requesting a telehealth and/or telemedicine consultation with a participating physician, you are requesting to enter into a doctor/patient relationship with that physician who will provide you with healthcare services through the Sniffle Platform. You acknowledge that the Physician you choose will provide professional medical services to you. You understand and agree that Sniffle will not provide medical services to you. Sniffle provides only certain technology and administrative services such as scheduling your telemedicine consultation and providing the medium through you and your Physician communicate. Unless payment arrangements have been established prior through your physician, employer, association, or other entity, each time you schedule a consultation, you agree to pay Sniffle an appointment scheduling fee at the time you request the appointment. You agree to enter or update your personal medical information into your account on the Sniffle Platform. You understand that Sniffle takes reasonable measures to safeguard your personal medical information in accordance with federal HIPAA standards, but you acknowledge that no computer network or telephone system is totally secure. Sniffle recognizes your privacy and, in accordance with our Privacy Policy, we will endeavor not to release your information to anyone without your prior authorization or as allowed by law, or in accordance with your Physician’s or health insurer’s privacy policy, if applicable.

As a requirement of the subscribing Physicians, you agree to complete a medical history form that Sniffle will store electronically and make available to each Physician who performs a telemedicine consultation with you. You understand that a Physician may require that you update your medical history during or prior to a consultation. You acknowledge that, if a Physician, who is not your primary care physician, consults with you through the Sniffle Platform, the resulting patient/physician relationship with that Physician is not intended to replace your relationship with your primary care physician. Furthermore, you agree that, by requesting a telemedicine consultation with a Physician through the Sniffle Platform, you are designating that Physician as your physician because your primary care (or other) physician, as applicable, could not meet your requested appointment time or is otherwise unavailable. You acknowledge that Physicians will not prescribe any DEA (Drug Enforcement Agency) controlled substances through the Sniffle Platform.  You also acknowledge that a Physician does not guarantee that a prescription will be issued during your consultation. And, further, you acknowledge that Sniffle does not guarantee that you will be treated as a patient by your chosen Physician if, for example, the Physician determines that your medical condition cannot be properly treated by him/her or through the Sniffle Platform.

If a Physician consults with you through the Sniffle Platform, you have the right to request your medical records from that Physician in accordance with applicable law. The telemedicine services provided by the Physicians (and the technology and non-medical operational and administrative services provided by Sniffle that are attendant thereto) may involve the use of electronic communications to enable a Physician at a distant location to access your patient medical information for the purpose of providing you patient care. The information may be used for diagnosis, treatment, billing, follow-up, and/or education, and may include any or all of the following:

Patient medical records;

Medical images;

Live two-way audio and/or video;

Output data from medical devices and sound and video files

Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Some Possible Risks:

As with any medical procedure, and in addition to the normal risks inherent with in-person medical care, there are potential additional risks associated with the use of telemedicine. These risks include, but are not be limited to:

The Physician or attending care giver may determine that the transmitted information is of inadequate quality, necessitating that you obtain an in-office, face-to-face evaluation with a physician, or reschedule a web video consultation;

Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Physician’s equipment, your mobile device or computer, the Sniffle Platform, the telecommunication carrier’s service/equipment, or internet connectivity;

Security protocols could fail, causing a breach of privacy of personal medical information;

A lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors;

By checking the box associated with “Informed Consent” you acknowledge that you understand and agree with the following:

I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine, and that no information obtained through the use of telemedicine that identifies me will be disclosed to researchers or other entities without my written consent.

I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.

I understand the alternatives to telemedicine consultation as they have been explained to me, and in choosing to participate in a telemedicine consultation, I understand that some parts of the exam involving physical tests may be conducted by individuals at my location, or at a testing facility, at the direction of the consulting healthcare provider.

I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.

I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.

I understand that my healthcare information may be shared with other individuals or entities for scheduling and billing purposes. Others may also be present during the consultation other than the consulting healthcare provider in order to operate the video equipment. The above mentioned people will all maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that are personally sensitive to me; (2) ask non-medical personnel to leave the telemedicine examination room; and/or (3) terminate the consultation at any time.

Patient Consent To The Use of Telehealth and/or Telemedicine

I have read this Informed Consent form carefully (or have had it read carefully to me), and I understand the information provided in it.  I understand the risks and benefits of telehealth and/or telemedicine, and that I will have the opportunity to ask any questions I may have regarding it with the consulting physician at the onset of and during my consultation, and I can end the consultation at any time should any of my questions not be answered to my satisfaction.

I hereby give my informed consent to participate in telemedicine visits through the Sniffle Platform under the terms described in this consent form.

By clicking ‘Sign up’, I hereby state that I have read this Informed Consent form carefully (or have had it read carefully to me), I agree to its terms, and wish to proceed with my consultation.

 

HIPAA RELEASE

HIPAA Privacy Authorization Form

 

Authorization for Use or Disclosure of Protected Health Information (Required by the Health Insurance Portability and Accountability Act, 45 C.F.R. Parts 160 and 164)

1.Authorization

I authorize Sniffle Health Inc including those physicians who subscribe to the Sniffle Health Service and software; (healthcare providers) to use and disclose my protected health information as needed and in accordance with Sniffle’s Terms of Use.

2.Effective Period

This authorization is effective upon your registration on the Sniffle site and will continue until such time you cancel your registration and retract this authorization in writing.

3.Extent of Authorization

I authorize
the
release
of
my complete health record (including records relating to mental healthcare, communicable diseases, HIV or AIDS, and treatment of alcohol or drug abuse). This medical information may be used by the Sniffle Health Inc. and any person I authorize to receive this information for medical treatment or consultation, billing or claims payment, or other purposes.

  1. I understand that I have the right to revoke this authorization, in
writing, at anytime.
I understand that a revocation is not effective to the extent that
any person or entity has already acted
in reliance
on
my
authorization
or
if
my authorization was obtained
as 
a condition
of
obtaining
insurance coverage
and the insurer
has
a legal right
to 
contest a claim.
  2. I understand that my treatment, payment, enrollment, or eligibility for benefits will not be conditioned on whether I sign this authorization.
  3. I understand that information used or disclosed pursuant to this authorization may be disclosed by the recipient and may no
longer be protected by federal or state
law.

Additional Provider/Physician Agreement/s

SNIFFLE HEALTH INC.

 BUSINESS ASSOCIATE AGREEMENT

 

This Business Associates / Privacy Agreement (“Agreement”), is effective upon your registering on the Sniffle Health site and is hereby acknowledged and agreed upon by you and is hereby entered into by and between Sniffle Health Inc. (“Covered Entity”) and you as Subscriber / Healthcare Provider (the “Business Associate”).

  1. Term.

This Agreement shall remain in effect for the duration of this Agreement and shall apply to all of the Services and/or Supplies delivered by the Business Associate pursuant to this Agreement.

  1. HIPAA Assurances.

In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall:

(a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity;

 

(b) Not use or further disclose the PHI, except as permitted by law;

(c) Not use or further disclose the PHI in a manner that had Insert Clinic Name done so, would violate the requirements of HIPAA;

(d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for

by this Agreement;

(e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity;

(f) Report promptly to Insert Clinic Name any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware;

(g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions;

(h) Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations;

(i) Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include:

(1) dates of disclosure,

(2) names of the entities or persons who received the PHI,

(3) a brief description of the PHI disclosed, and

(4) a brief statement of the purpose and basis of such disclosure;

(j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and

(k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA.

  1. Termination Upon Breach of Provisions.

Notwithstanding any other provision of this Agreement, Covered Entity may immediately terminate this Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, Covered Entity may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. Covered Entity shall also have the option to immediately stop all further disclosures of PHI to Business Associate if Covered Entity reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of this Agreement and the Agreement is not feasible, Business Associate hereby acknowledges that the Covered Entity shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of this Agreement or Agreement to the contrary.

  1. Return or Destruction of Protected Health Information upon Termination.

Upon the termination of this Agreement, unless otherwise directed by Covered Entity, Business Associate shall either return or destroy all PHI received from the Covered Entity or created or received by Business Associate on behalf of the Covered Entity in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business

Associate shall provide to Covered Entity notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or

expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information.

  1. No Third Party Beneficiaries.

The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries.

  1. De-Identified Data.

Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified.

  1. Amendment.

Business Associate and Covered Entity agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties.

  1. Interpretation.

Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the then most current version of HIPAA and the HIPAA privacy regulations.

  1. Definitions.

Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations.

  1. Survival.

The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement.