PURSUANT HEALTH LEGAL

PURSUANT HEALTH PRIVACY POLICY

Pursuant Health (alternately, “we”, “us” or “our”) respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information. This Privacy Policy applies to information collected through our Pursuant Health Kiosks (the “Kiosks”), on our website located at: https://pursuanthealth.com (the “Website”), any current or future mobile application associated with the Website (the “Mobile Applications”), all interactive features, applications, widgets, social networks and social network “tabs”, and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Kiosks, Website or Mobile Application (collectively, the “Services” and, together with the Kiosks, Website and the Mobile Applications, the “System”). 

This Privacy Policy is incorporated into and is part of the Pursuant Health Terms of Service available at https://pursuanthealth.com/legal/, including their applicable limitations on damages and the resolution of disputes. We encourage you to become familiar with the terms and conditions of both this Privacy Policy and the Terms of Service. By accessing and using the System, or any part thereof, you agree that you have read and understand this Privacy Policy, and that in exchange for access to the System, you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy. 


Information We Collect

As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the “Collected Information”).  Collected Information includes, without limitation, any information that may be used to identify an individual, including, but not limited to, a first and last name, a home, business, or other physical address, business name, a phone number, an email address, employer name, employer information (i.e., employer address and other identifying information). 

Information we Collect About Website Visitors and Users

When you browse our Website, or use our Website to submit questions about our services, register for an account, access your health assessment and account information or request services from us, we may collect information from or about you, including, but not limited to: name, address, e-mail address, telephone number, age, gender, date of birth, health information and any other information you choose to provide. You do not have to provide us personal information to use the Pursuant Health Kiosks. However, if you want to use certain features of our services, we ask for certain personal information. For example, if you want to receive a copy of your health assessment, you must provide us with your email address.

We may also automatically collect certain information regarding how you interact with the System, which may include pages you view, links you click or hover over, selections you make on the Website, your web browser's HTTP referrer header, features you use, preferences you set, your web browser type and version, the operating System type and version of the device you are using to access the System, the Internet protocol (IP) address of the device you are using to access the System (or any portion thereof), general physical location, Internet service provider. For more information, see the sections below entitled “Cookies and Usage Reports,” “Google Analytics,” and “Web Beacons and other Tracking Technologies.”

Information we Collect About General Users of Pursuant Health Kiosks

When you take a health assessment or use other Services offered through the Pursuant Health Kiosk, we may collect information from or about you including, but not limited to: name, address, e-mail address, telephone number, age, gender, date of birth, health information and any other information you choose to provide in connection with your use of the Kiosk and Services.

You do not have to provide us personal information to use the Pursuant Health Kiosks. However, if you want to use certain features of our services, we ask for certain personal information. For example, if you want to receive a copy of your health assessment, you must provide us with your email address. Additionally, some information, such as age, gender and date of birth, is necessary for us to complete an accurate assessment or screening.

Information we Collect about Members or Patients of our Covered Entity Customers

In some cases, we may provide the System or Services for or on behalf of your health plan, health insurance company or health care providers who are subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), regulations promulgated thereunder (“HIPAA Regulations”). These entities are our “Covered Entity” customers. Individually identifiable health information (“Protected Health Information”, or “PHI”) that we collect for or on behalf of Covered Entities is subject to additional legal protections. Accordingly, we will only collect, use and disclose PHI as permitted by our contracts with such Covered Entity customers and as permitted or required by applicable law.

To provide the Services for or on behalf of our Covered Entity Customers, we may collect certain information from you in addition to information collected from general users of the Pursuant Health Kiosks, such as your health insurance member ID. Additionally, certain information including your name, e-mail address or phone number may be necessary if you request or authorize us to submit your information, assessment or screening to the Covered Entity or another third party. In these situations, the Kiosk screen will notify you about the information that is being collected, why, and how it will be shared, and you will be able to choose whether you want to proceed. 

Cookies and Usage Reports

By placing a small file known as a "cookie" on your computer (or other device), Pursuant Health’s and its third party service providers’ servers passively gather information about all visitors' use of the Website for several reasons, including, but not limited to, the following: statistics collection and analysis, Website optimization, analytics (as described below), market research, and maintenance of user login information. The information that we and our third party service providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the Website, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the Website), how you were directed to the Website, which specific pages you access on the Website, how long you view each page, the time and date you access our Website and the total number of visitors to the Website and any portions thereof.  We, and/or our third party service providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience while visiting the Website. This data helps us and our third party service providers improve our respective product and services. 

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the Website (or some portion thereof) and its capabilities, or cause some features of the Website to function improperly or more slowly.

Google Analytics

Our websites may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Website and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to Pursuant Health’s Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Pursuant Health Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the Pursuant Health Website to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the Pursuant Health Website, please review “How Google uses data when you use our partners' sites or apps,” (located here or any successor URL).

Web Beacons and other Tracking Technologies

Some of the areas of the Website may contain electronic images known as web beacons (sometimes known as clear gifs) that allow Pursuant Health, and its third party providers or affiliates, to count and track users who have visited certain portions of the Website. We also partner with one or more third parties (such as advertisers and ad networks) to display advertising on our Website and/or to manage and serve advertising on other sites. Pursuant Health and its third party providers may use web beacons, cookies, pixel tags and similar tracking technologies to collect and use certain information about your online activities, either on our Website and/or other sites or mobile apps, to infer your interests and deliver you targeted advertisements that are more tailored to you based on your browsing activities and interests ("Interest Based Advertising").  Specifically, Pursuant Health may use a type of web beacon known as a “retargeting pixel,” which will allow users to receive targeted advertising from Pursuant Health via certain social media websites, including Facebook.com.

How We Use Your Information

Visitors to our Website and General Users of Pursuant Health Kiosks

Pursuant Health and our third party services providers collect and use the Collected Information to:

•      Operate the System and deliver the Services;
•      Verify your identity;
•      Administer your account;
•      Provide you with customer support;
•      Tailor the features, performance and support of our System and Services to you;
•      Market our products and services, as well as those of third parties, which we believe may be of interest to you, subject to applicable contractual and legal restrictions;
•      Respond to your requests, resolve disputes and/or troubleshoot problems;
•      Improve the quality of our Website and our Services;
•      Communicate with you about the System and our Services;
•      Communicate your screening and assessment results with third parties, if you authorize it;
•      Address System integrity or security issues;
•      Conduct research and analysis to maintain, protect, develop, and improve the System; and
•      As described below or elsewhere in this Privacy Policy or the Terms of Service.

We may send you information that you request from us and promotional materials regarding Pursuant Health or any third party entity, as permitted by applicable law, and any other communication for any other legitimate and lawful business purposes. Additionally, we may retain and use certain Collected Information to facilitate and otherwise address certain inquiries or requests regarding the Services or the System, or respond to your questions or requests for information about or from Pursuant Health.  We may also use Collected Information as necessary to ensure compliance with any Pursuant Health policies and any applicable law, regulation or order. 

Except as set forth in this Privacy Policy, Pursuant Health will not use, disclose, or transfer your Collected Information unless:

1)      you expressly authorize us to do so,
2)      it is necessary to allow our service providers, agents, or other third parties to provide products or services for or to us,
3)      it is necessary in order to provide the System or the Services,
4)      we are sending you other information that may be useful to you,
5)      subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on Pursuant Health’s behalf or to other entities with whom Pursuant Health has joint marketing agreements,
6)      it is necessary to protect the confidentiality or security of your records,
7)      it is necessary in connection with other business purposes including, without limitation, verifying identity, age, and/or payment details, investigating complaints about the System, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution,
8)      it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity;
9)      subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of Pursuant Health or the merger of Pursuant Health into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Pursuant Health is not the survivor, or
10)      it is otherwise necessary for Pursuant Health to use or disclose it as required or permitted by law.

Notwithstanding the above, we may freely use your Anonymous Information and information with all personal identifiers removed (“De-Identified Information”).

Members and Patients of our Covered Entity Customers

When we collect PHI from you for or on behalf of our Covered Entity customers through the System, we will only use such information as permitted or required by applicable law and the terms of our Agreement with the Covered Entity.

How We Share Your Information

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Service, we may share Collected Information about you:

•      With third-party vendors who help us provide services or who provide additional goods and services through the website;
•      With third parties as requested or authorized by you (for example, your health insurance company);
•      To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy;
•      To entities that perform marketing services on Pursuant Health’s behalf or to other entities with whom Pursuant Health has joint marketing agreements, subject to applicable contractual or legal restrictions;
•      With third parties to market their products or services which may be of interest to you, subject to contractual or legal restrictions; or
•      If we believe in good faith that such disclosure is necessary to (i) resolve disputes, investigate problems, or enforce compliance with our Website Terms of Service or this Privacy Policy, or to otherwise protect our services, website, systems, information, employees, business partners, providers, users, customers or others; (ii) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case we can (and you authorize us to) disclose Personal Information without subpoenas or warrants served on us; (iii) protect and defend our rights or property or the rights and property of you or third parties; or (iv) as evidence in litigation in which we are involved. 

We may also use and disclose Collected Information to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As Pursuant Health grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, customer information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.

Use and Disclosure of Protected Health Information

We will only collect, use and disclose PHI as permitted by our contracts with Covered Entity customers and as permitted or required by applicable law.

In instances where you have authorized Pursuant Health to use and disclose your PHI for certain purposes, such consent may be withdrawn in the future. You may withdraw your consent by sending your request in writing to:

        Pursuant Health, Inc.
        780 Johnson Ferry Road, Suite 625
        Atlanta, GA 30342

Please note that your withdrawal will not be effective until your request is received, and will not apply to uses and disclosures made in reliance on your consent.

Access, Amendment and Deletion of Your Personal Information

You may request to access and correct the personal information we maintain about you by emailing us at privacy@pursuanthealth.com or by logging in to your account at https://pursuanthealth.com and updating your account information. In some cases, you may also use the Pursuant Health Kiosks to update information we maintain about you.

You may request deletion of personal information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives, and we may also retain Anonymous Information about your use of our services. After we delete personal data, we may retain De-Identified Information and will continue to use such De-Identified Information as permitted under this Privacy Policy and applicable law.

Your Choices

You can choose not to submit your information to us, but if you do not submit the information requested, you may not be able to access many of the products, services, and features that we offer.

If you do not wish to receive communications from Pursuant Health about products, services, or features that may be of interest, you can unsubscribe to any e-mail that we may send to you. We will include an opt-out link or reply address in each e-mail that we send. Please allow up to 10 business days to process your request. After unsubscribing, you may still receive messages about the status of your account, order or request, to resolve technical issues, or to confirm a new subscription.

Linked Websites

For your convenience, some hyperlinks may be posted on the System that link to other websites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies that we do not own or control. We cannot be responsible for the privacy practices of any such websites or pages not under our control and we do not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages. We encourage you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a website that our System links to, even if you reached that site through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of that linked website. You should read that website's privacy policies to understand how personal information that is collected about you is used and protected.

User-Provided Content

Any information, communications, or material of any type or nature that you submit to the Kiosk, Website or any Mobile Application by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy.  We cannot control the actions of other users of the System and we are therefore not responsible for any Submissions contained on the Website. By visiting any of our pages that are contained on the Website, you are representing and warranting to us that you have reviewed this Privacy Policy and the Terms of Service and that you will abide by all such provisions contained therein.

Additionally, in the event that we offer a message board or any other interactive or social-type feature on the Website, please be aware that these areas may allow you to post, and share with other users, certain messages, content, or other information.  We encourage you to be wary of giving out any personal information, or any personal information of others to which you may have access, in such forums. The information you post can be collected and used by other people. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

Social Media Platforms and Websites

Any Submission that you submit to any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise is done at your own risk and without any expectation of privacy.  We cannot control the actions of other users of a social media platform and we are therefore not responsible for any Submissions contained on a social media platform or website. By visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.

Important Information for California Consumers

If you reside in California, you may request information about our disclosures of your protected health information or personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to us by e-mail at Privacy@pursuanthealth.com. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. Within thirty days of receiving such a request, we will provide a list of the categories of protected health information or personally identifiable information disclosed to third parties for direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Please note that we will not accept requests via telephone, and we are not responsible for notices that are not labeled or have not been sent properly, or that do not have complete information. 

Do Not Track Requests

California and Delaware laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Privacy Policy and do not monitor or respond to any Do Not Track browser requests.

Children

The System (including the Kiosks, Website, Mobile Applications, and Services included therein) is intended for a general audience and is not intended for use or view by children under 18 years of age. If you are under age 18, please do not attempt to use our services or provide any personal information about yourself to us. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will delete that information.


How We Protect Your Information

We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information. Please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, we cannot ensure or guarantee the security of any information you provide to us, and you do so at your own risk. Please report any security violations or concerns to us at privacy@pursuanthealth.com.


Visiting The System From Outside The United States

If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy.  By using any portion of the System, you understand and consent to the transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

Changes to Privacy Policy

Pursuant Health reserves the right to change this Privacy Policy at any time, without prior notice to you. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the System. You should view this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in force on each respective date you visited the System. This Privacy Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party other than Pursuant Health.

Acknowledgement

BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF COLLECTED INFORMATION ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE REFERENCED ABOVE.

Contact Us

Please contact us at privacy@pursuanthealth.com if you have any questions about this Privacy Policy.

 

 

Last Updated: August 28, 2017

TERMS OF SERVICE

I. TERMS OF SERVICE

THESE TERMS OF SERVICE (THE “TERMS”) ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PURSUANT HEALTH, INC. (“WE” OR “US”) AND EXPLAIN HOW YOU AGREE TO USE THE PURSUANT HEALTH KIOSK AS WELL AS THE SERVICES AVAILABLE THROUGH THE PURSUANT HEALTH KIOSK AND OUR RELATED SERVICES, INCLUDING THOSE AVAILABLE THROUGH OUR WEBSITE, WWW.PURSUANTHEALTH.COM (COLLECTIVELY, THE “SERVICES”). IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, DO NOT USE OUR SERVICES.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SERVICES; YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL OF THESE TERMS.

NO MEDICAL OR HEALTH CARE ADVICE: PURSUANT HEALTH’S SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE. NO CONTENT ASSOCIATED WITH THIS SERVICE, INCLUDING ANY EDUCATIONAL CONTENT, SHOULD NOT BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THIS SERVICE IS NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR OPTOMETRY OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTORPATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY PURSUANT HEALTH. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO PROVIDE A PATIENT ARE DECISIONS THAT SHOULD BE MADE ONLY BY A LICENSED HEALTHCARE PROVIDER.

EACH PURSUANT HEALTH KIOSK IS OWNED AND OPERATED SOLELY BY US, AND THE SERVICES PROVIDED BY PURSUANT HEALTH, INC., NOT ANY THIRD PARTY. WE SELECT ALL INFORMATION OFFERED ON THE SERVICES, INCLUDING ANY ADVERTISEMENTS OR MARKETING MATERIALS.


About Our Services

The Pursuant Health Kiosk is intended to be used by the general public so that a user can measure his or her own blood pressure and pulse rate and his or her own weight. Additionally, the Pursuant Health Kiosk is intended to screen adults for clarity of central vision. Pursuant Health Kiosk does not provide a general screening of visual function and does not provide a diagnosis of eye health or other disease.

As part of our Services, we may provide you with a number of health-related assessments and information. The information available through this Services is for informational purposes only, and cannot and is not intended to be a substitute for professional medical advice or a complete eye or vision exam, a diagnosis, or treatment. You should always seek the advice of your physician, ophthalmologist, optometrist or other qualified healthcare provider for any questions you have about a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on our Services. If you think you may have a medical emergency, call your physician, ophthalmologist, optometrist or 911 immediately. We do not recommend or endorse any specific tests, physicians, ophthalmologists, optometrists, products, procedures, opinions, or other information that may be mentioned on the Services.


Changes

We may change, update, add or remove provisions of these Terms at any time by posting those changes on our website at pursuanthealth.com, or by emailing you at your email address or record with us. Your continued use of any of our Services after such posting or email shall constitute your acceptance of such changes. If you do not agree with any of the updated Terms, you must stop using our Services.


Privacy

You may use our Pursuant Health Kiosk without providing your name, email address or other personally identifiable information. However, to receive a copy of your health assessment and to take advantage of certain features of the Services, you must provide us with your email address and other personal information. You agree that we may use such information in accordance with our Privacy Policy, which is incorporated by reference into these Terms, and is listed below these Terms and available at pursuanthealth.com.


Our Site

Your use of our website to access any of our Services (including any health assessment conducted via a Pursuant Health Kiosk), is subject to additional terms (the “Website Terms”), which are available at pursuanthealth.com, and our Pursuant Health Website Privacy Policy, pursuanthealth.com. If you use our website to access the Services, the Website Terms and Privacy Policy shall apply in addition to these Terms. In the event of a conflict between these Terms and the Website Terms, these Terms shall govern with respect to the your access to and use of the Pursuant Health Kiosk and any Services via the Pursuant Health Kiosk.


License to Materials and Content

The Pursuant Health Kiosk, the Services and all information and content available through the Pursuant Health Kiosk and Services (collectively, the “Materials”) is the copyrighted and/or trademarked work of us or our thirdparty licensors and suppliers or other users. Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.


Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These electronic communications may include information concerning or related to the Services. These electronic communications are part of your relationship with us. 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.


Proprietary Rights

Pursuant Health® is a trademark of Pursuant Health, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on Pursuant Health Kiosks or the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are our sole property, Copyright© 2013 Pursuant Health, Inc. 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.


Disclaimer of Warranties

PURSUANT HEALTH, INC., FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PURSUANT HEALTH KIOSK, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AND MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.


Limitation of Liability, Damages and Claims

Your use of our Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other users.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, RELATED TO OR ARISING UNDER THESE TERMS, THE SERVICES OR THE MATERIALS, EVEN IF WE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND OUR SERVICES IS LIMITED TO THE LESSER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our website, Pursuant Health Kiosks, or any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in to Pursuant Health, Inc., and we are 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 the 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 such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.


General

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to this Services without prior notice to you. The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. 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 this Agreement. Any disputes relating to these Terms or our Services will be heard in the courts located in Gwinnett County in the State of Georgia. If any of these Terms is 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. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and us relating to your use of the Pursuant Health Kiosk, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Pursuant Health Kiosk. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.


Medical Disclaimer

All information on this site is of a general nature and is furnished for your knowledge and understanding only. This information is not to be taken as medical or other health advice pertaining to your specific health and medical condition.


Health Age Assessment

The Health Age Assessment is a unique calculation generated in collaboration with Cleveland Clinic Wellness specialists based on latest medical research. Your Health Age results will provide suggested direction, tips and recommended programs to support healthier living. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient. CONTENT SHOULD NOT BE USED FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.


Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 844.2PURSUANT.

 

Last Updated: December 15, 2013

 

DATA SHARING POLICY

Pursuant Health is committed to protecting your privacy. This Data Sharing Policy applies to personally identifiable information that is collected on pursuanthealth.com and through our Pursuant Health Kiosk.

I. INFORMATION COLLECTION AND DATA SHARING POLICY DISCLAIMER

Authorization to Use or Disclose Information for Lead Generation

Pursuant Health Kiosk Consumer (Consumer) hereby authorizes Pursuant Health to use or disclose the Protected Health Information (PHI) listed below, collected by Pursuant Health through registration or as part of a Pursuant Health Kiosk service request:

•      Full Name (Electronic Signature)
•      Email Address
•      Phone Number
•      Zip Code
•      Date of Birth

Pursuant Health seeks to disclose this Protected Health Information to insurance agencies for the generation of potential leads where partnering insurance agencies can contact the consumer to promote their products and services.

Consumer hereby acknowledges that he/she understands that treatment, payment, enrollment in any health plan, or eligibility for benefits is not conditioned on his/her signing of this Authorization.

Consumer is entitled to a copy of this agreement and the information to be used or disclosed. The agreement is available at pursuanthealth.com. The information used or disclosed will be available via a request form on the previously mentioned web address. Consumer may refuse to sign this Authorization if he/she so chooses.

This agreement shall be effective on the date of Pursuant Health Kiosk visit and shall remain valid for one year unless a State Law requires otherwise.

At all times, Consumer retains the right to revoke this Authorization. Such revocation must be submitted to Pursuant Health in writing. The revocation shall be effective except to the extent that Pursuant Health has already used or disclosed information in reliance on the Authorization. Consumer may revoke this Authorization by sending a written notice to:

        Pursuant Health
        780 Johnson Ferry Road, Suite 625
        Atlanta, GA 30342

Consumer has been informed and understands that information used or disclosed pursuant to this Authorization may be subject to re-disclosure by the recipient of such information, and, at that point, the information may no longer be protected under the terms of this agreement.

I HAVE READ AND UNDERSTAND THIS INFORMATION. I HAVE RECEIVED A COPY OF THIS AGREEMENT [OR I UNDERSTAND I AM ENTITLED TO A COPY OF THIS AGREEMENT]. I AM THE CONSUMER OR AM AUTHORIZED TO ACT ON BEHALF OF THE CONSUMER TO SIGN THIS FORM VERIFYING AUTHORIZATION FOR THE USE OR DISCLOSURE OF THE PROTECTED HEALTH INFORMATION UNDER THE ABOVE STATED TERMS.

Authorization to Use or Disclose Information for Member Engagement

Pursuant Health Kiosk Consumer (Consumer) hereby authorizes Pursuant Health to use or disclose the Protected Health Information (PHI) listed below, collected by Pursuant Health through registration or as part of the Consumer’s request to submit health assessment information to the Consumer’s insurance agency:

•      First Name
•      Last Name
•      Date of Birth
•      Gender
•      Health Insurance Agency Member ID
•      Health Assessment Information (Blood Pressure, BMI, etc.)
•      Email
•      Phone Number
•      Address

Pursuant Health seeks to disclose this Protected Health Information to the Consumer’s insurance provider as a service to and on behalf of the insurance provider for the purpose of providing members with eligibility for discounts and/or equivalent benefits per agreement and communication between the Consumer and his/her insurance provider.

Consumer hereby acknowledges that he/she understands that treatment, payment, enrollment in any health plan, or eligibility for benefits is not conditioned on his/her signing of this Authorization. Consumer is entitled to a copy of this agreement and the information to be used or disclosed. The agreement is available at pursuanthealth.com. The information used or disclosed will be available via a request form on the previously mentioned web address.

Consumer may refuse to sign this Authorization if he/she so chooses.

This agreement shall be effective on the date of Pursuant Health Kiosk visit and shall remain valid for one year unless a State Law requires otherwise.

At all times, Consumer retains the right to revoke this Authorization. Such revocation must be submitted to Pursuant Health in writing. The revocation shall be effective except to the extent that Pursuant Health has already used or disclosed information in reliance on the Authorization.

Consumer may revoke this Authorization by sending a written notice to:

        Pursuant Health
        780 Johnson Ferry Road, Suite 625
        Atlanta, GA 30342

Consumer has been informed and understands that information used or disclosed pursuant to this Authorization may be subject to re-disclosure by the recipient of such information, and, at that point, the information may no longer be protected under the terms of this agreement.

I HAVE READ AND UNDERSTAND THIS INFORMATION. I HAVE RECEIVED A COPY OF THIS AGREEMENT [OR I UNDERSTAND I AM ENTITLED TO A COPY OF THIS AGREEMENT]. I AM THE CONSUMER OR AM AUTHORIZED TO ACT ON BEHALF OF THE CONSUMER TO SIGN THIS FORM VERIFYING AUTHORIZATION FOR THE USE OR DISCLOSURE OF THE PROTECTED HEALTH INFORMATION UNDER THE ABOVE STATED TERMS.

 

II. DATA SHARED REQUESTS

In order to receive the information that we have shared on your behalf, please email Pursuant Health at info@pursuanthealth.com. Please include as much information as necessary for us to provide you with the exceptional support you are requesting. Items that you can include to facilitate a much faster response are (Name, Location of Kiosk, Day of Visit, etc.).

 

III. EFFECTIVE DATE

This Data Sharing Policy is effective as of July 19, 2013.