Set forth below are the Notice of Privacy Practices ("NPP") required to be provided to you by Jefferson Health pursuant to the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the Health Information Technology for Economic and Clinical Health Act ("HITECH"), and other applicable laws. The NPP consists of an Online Application Disclaimer ("Disclaimer"), an Online Privacy Policy ("Privacy Policy"), and the Terms and Conditions of Use ("Terms and Conditions") of this web site ("Site"). Please read each document carefully. You will be asked to acknowledge receipt of the NPP below, and also to agree to comply with and to the terms of the Disclaimer, the Privacy Policy, and the Terms and Conditions, all as set forth below ("Agreement"), prior to participating in this health Online Application ("Online Application").
NOTICE OF PRIVACY PRACTICES
DISCLAIMER
THIS ONLINE APPLICATION DOES NOT PROVIDE A MEDICAL SERVICE OF ANY KIND. THE INFORMATION CONTAINED IN THE ONLINE APPLICATION IS FOR YOUR PERSONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE OR OTHER CONDITIONS AND IS NOT INTENDED TO PROVIDE A DETERMINATION OR ASSESSMENT OF YOUR STATE OF HEALTH. ALWAYS CONSULT A LICENSED HEALTHCARE PROFESSIONAL SUCH AS YOUR FAMILY PHYSICIAN OR YOUR SPECIALIST TO MAKE HEALTHCARE DECISIONS OR BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. THE JEFFERSON HEALTH MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE ONLINE APPLICATION OR THE PERFORMANCE OF THE ONLINE APPLICATION, NOR SHALL THE JEFFERSON HEALTH'S LICENSORS OR THE JEFFERSON HEALTH BE HELD RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES RELATED TO USE OF THE ONLINE APPLICATION OR ANY INFORMATION PROVIDED THEREFROM.
ONLINE PRIVACY POLICY
Jefferson Health and its licensors value and respect your right to privacy, and recognize the importance of protecting information collected about you. This Privacy Policy guides how Jefferson Health defines, collects, uses, and stores online information provided by you to Jefferson Health within this Online Application. This policy pertains to this Online Application only. Please be aware that other Jefferson Health web sites or pages may have other online privacy policies, declaimers, and terms and conditions of use that differ from this Online Application.
Jefferson will not share the results of the HRA with any providers. As noted above, this is a tool offered for your personal use and you will receive a report after completion of the HRA. You choose whether to follow up with a provider and whether to share the results with your provider(s). Jefferson will not share the results with any clinicians and solely stores the results in an HRA repository.
The information you provide is safe. Jefferson Health maintains appropriate administrative, technical and physical safeguards to ensure the confidentiality, availability and integrity of the information that you provide Jefferson Health as required by the HIPAA Security Rule, HITECH, and applicable state law.
This assessment is intended for adults. It requires the user to enter age, and on certain occasions date of birth. It will not collect personally identifiable information on any individuals younger than age 18.
If you have a question, comment or complaint concerning the Privacy Policy please contact Jefferson Health’s privacy office by sending an e-mail to privacyoffice@jefferson.edu. By using this Online Application, you signify your consent to this Privacy Policy. Jefferson Health reserves the right to make changes in this Privacy Policy from time to time to reflect legal, technological and other developments. All changes will be posted to this page so that you are always aware of what information is collected and how it is used. This Privacy Policy does not cover information that is collected offline or online from Jefferson Health or other web sites or pages, as applicable.
A. Jefferson Health's Definitions of Collected and Potentially Stored Data from this Online Application
1. "Genetic Information" is (1) any data with respect to disorder in family members of such individual and any request for, or receipt of, Genetic Services, or participation in clinical research which includes Genetic Services, by the individual or any family member of the individual; (2) any reference to Genetic Information, which includes that of a fetus (carried by the individual or family member) and any embryo legally held by an individual or family member utilizing an assisted reproductive technology.
2. "Genetic Services" means (1) a genetic test; (2) genetic counseling (including obtaining, interpreting or assessing genetic information); or (3) genetic education.
3. "Non-identifiable" information is data stored in a form that does not permit the identification of a specific individual without extraordinary effort.
4. "Personal Information" is any data held, transmitted or stored that may be personally identifiable to an individual without extraordinary effort.
5. "Protected Health Information" is any identifiable health information, including Genetic Information, transmitted by electronic media, maintained in electronic media, or transmitted or maintained in any other form or medium.
6. "Usage Data" includes page visits, time on page, button clicks, and other similar data. This is collected automatically when interacting with the Online Application and is always non-identifiable, as it is stored anonymously in aggregated form.
7. "User Data" includes any data entered voluntarily into the Online Application such as:
a. "Medical Data": includes diseases, treatments, lifestyle behaviors, family history, genotype, phenotype and other similar personal data. By default, this is non-identifiable unless Demographic Data is also volunteered via the "opt-in" feature.
b. "Demographic Data": includes name, address, phone numbers, email address and other similar personal data. This is identifiable data, which must be volunteered via the "opt-in", as the Online Application does not require it.
B. Jefferson Health Use of Personal Information/Protected Health Information from this Online Application
1. The "opt-in" feature allows users to request communication from Jefferson Health, and in return allows any Identifiable Information collected from individuals and third parties on their behalf, including Medical Information and Demographic Information, to potentially be used to communicate targeted educational content, service opportunities, and promotions from Jefferson Health.
2. Jefferson Health may contact the individual for fundraising purposes, but the individual has the right to opt-out of receiving such communications.
3. Jefferson Health will make every effort to discontinue the use of an individual's Personal Information and Protected Health Information as soon as practicable if requested by that individual. Jefferson Health may need to retain Information in its archives and records to comply with law, resolve disputes, analyze problems, assist with any investigations, enforce other Jefferson Health policies, and take other actions otherwise permitted or required by law.
4. Any other uses or disclosures of an individual's Personal Information not outlined within this Agreement will require separate written authorization by the individual. The individual may revoke this authorization at any time, provided that the revocation is in writing.
5. An Individual has a right to request restriction of certain uses and disclosures of Protected Health Information to a health plan where the individual pays out-of-pocket in full for a healthcare item or service.
6. To the extent that Jefferson Health acts as a group health plan, health insurance issuer (including HMOs) or an issuer of Medicare supplemental policies and performs underwriting, Jefferson Health is prohibited from using or disclosing Genetic Information for such purposes, except with regard to issuers of long term care policies, which are not subject to the underwriting prohibition. However, to the extent Jefferson Health is acting as a health care provider, Jefferson Health may use or disclose Genetic Information as it sees fit for treatment of an individual. If a covered entity, such as an HMO, acts as both a health plan and health care provider, it may use Genetic Information for purposes of treatment, to determine the medical appropriateness of a benefit, and as otherwise permitted by the Privacy Rule, but may not use such Genetic Information for underwriting purposes.
7. Specific types of information that require authorization for disclosure include: (1) specially protected categories such as HIV status and psychotherapy notes, (2) uses and disclosure of Protected Health Information for marketing purposes, (3) disclosures that constitute a sale of Protected Health Information, and (4) research as set forth in §164.508 and other provisions in HIPAA.
C. Storage of Personal Information and Protected Health Information from this Online Application
1. Administrative
a. Jefferson Health will take reasonable and appropriate measures to keep identifiable Personal Information and Protected Health Information confidential and in a secure environment, including taking appropriate action in the event of unauthorized disclosure.
b. Jefferson Health will develop policies and procedures and train workforce members on and have sanctions imposed for failure to comply with policies.
c. Jefferson Health will make reasonable efforts to limit disclosure of Protected Health Information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request.
d. Access to identifiable Personal Information and Protected Health Information will be restricted to only those personnel with a legitimate business purpose.
e. Jefferson Health owns all data, Usage data and User data, provided to it by individuals and collected in accordance with this Policy. When individuals provide Medical Information to Jefferson Health, Jefferson Health will ensure that they acknowledge their assignment of the right to use the data to Jefferson Health.
2. Third Party Disclosure
No permission is necessary for Non-identifiable Information to be disclosed, since it does not identify a specific individual.
FOR INFORMATION ON HOW JEFFERSON HEALTH OTHERWISE USES YOUR PHI PLEASE VISIT OUR WEBSITE AT https://www.jeffersonhealth.org/privacy-practices
1. Links to Third Party Web Sites
The Site may contain links to other web sites. Jefferson Health is not responsible for the privacy practices or the content of such web sites. Jefferson Health has no control over the use of such web sites and you should exercise caution when deciding to disclose any Personal Information or Protected Health Information on those web sites. You also agree and acknowledge that Jefferson Health will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services or resource or goods on or through any such site. Jefferson Health encourages you to read the privacy statements on each web site you visit. Jefferson Health may also provide links to original articles written and maintained by third parties. These links are provided as a convenience and do not imply a claim of ownership in that content.
TERMS & CONDITIONS OF USE
By accessing, browsing and/or otherwise using this Online Application, you acknowledge that you have read, understood and agree to be bound by these terms and conditions described here, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, and/or use this Online Application. The material provided in this Online Application is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms and conditions of use apply to your access to and use of this Online Application only and do not alter in any way the terms and conditions of any other agreement you may have with Jefferson Health for health services or otherwise.
USE RESTRICTIONS
Copyright
All Online Application materials, including, without limitation, text, pictures, graphics, and other files and the selection and arrangement thereof are copyrighted materials of Jefferson Health and/or its licensors, or by the original creator of the material. Permission is granted to download the materials on this Online Application for your use only and only for the purposes for which Jefferson Health provided you access to the Online Application, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials, as applicable. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Online Application for commercial use without prior written approval of Jefferson Health. You may not "mirror" any material contained on this Online Application on any other server without prior written permission from Jefferson Health. Any unauthorized use of any material contained on this Online Application may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Online Application are registered and unregistered Trademarks of Jefferson Health and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Jefferson Health and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jefferson Health and/or its licensors. You acknowledge that the Trademarks used and displayed on this Online Application are and shall remain the sole property of Jefferson Health and/or its licensors. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing in this Online Application shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Online Application, without the express written permission of Jefferson Health and/or its licensors. The misuse of the trademarks displayed on this Online Application, or any other content on the Online Application, is strictly prohibited.
Limited Access
Except as otherwise expressly permitted by Jefferson Health and/or its licensors, any access or attempt to access other areas of Jefferson Health and/or its licensors' computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the pages on the Online Application or the content contained therein. You will not spam or send unsolicited e-mail to any other user of the Online Application for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Jefferson Health and/or its licensors' infrastructure. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by Jefferson Health to be in conflict with the spirit or intent of this Agreement. You agree that you will not use this Online Application in violation of any local, state, federal, or non-United States law or regulation. You are prohibited from posting on, or transmitting through, this Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable including, but not limited to, any material or content that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
LINKS FROM AND TO THIS SITE
You acknowledge and agree that Jefferson Health has no responsibility for the accuracy or reliability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Jefferson Health of the sponsors of such sites or the content, services, products, advertising or other materials presented on such sites. Jefferson Health shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. Information on the web pages that are linked to this Site comes from a variety of sources. Jefferson Health does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Jefferson Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
DISCLAIMER WARRANTY
THIS ONLINE APPLICATION, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JEFFERSON HEALTH AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, AND INFORMATIONAL CONTENT. JEFFERSON HEALTH AND/OR ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS ONLINE APPLICATION, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS ONLINE APPLICATION OR ANY OTHER SITES LINKED TO THIS ONLINE APPLICATION. JEFFERSON HEALTH AND/OR ITS LICENSORS DO NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE APPLICATION WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. JEFFERSON HEALTH AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS ONLINE APPLICATION OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS ONLINE APPLICATION OR ITS SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL JEFFERSON HEALTH AND/OR ITS LICENSORS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS ONLINE APPLICATION BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO THE USE OR INABILITY TO USE THIS ONLINE APPLICATION, THE MATERIALS OR OTHER INFORMATION CONTAINED IN THIS ONLINE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MISCELLANEOUS
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
This Agreement is made in and shall be governed and construed by the laws of the State of PA, United States of America, without reference to conflicts of laws. If you access this site from locations outside PA or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of PA, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site's contents may be unlawful is prohibited. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Montgomery, PA. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Montgomery, PA. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Montgomery, PA and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in Montgomery, PA.
The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.
REVISIONS TO THIS AGREEMENT
Jefferson Health and/or its licensors may revise this Agreement at any time without notice by updating this posting. By using this Online Application you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.
May 8, 2024