DataLink’s Interactive Health Records and Reports (“DataLink”) service is provided by __________________ (“Company”) to its clients, providers, and their affiliates are subject to compliance with the Terms and Conditions set forth below. Please read the following information carefully. Your continued use of DataLink will indicate that You agree to be bound by the Terms and Conditions set forth below. If You do not agree to be bound by these terms and conditions, promptly exit this application and do not create a DataLink account.
1. PRIVACY AND SECURITY OF PERSONAL INFORMATION. If you are an Authorized Personnel user, we collect Personal Information about You when You register and subscribe to COMPANY’s services. The Personal Information that we collect includes, without limitation, the Authorized Personnel’s name, position, specialty, email address, phone number, and business postal address.
We may use your Personal Information, as follows:
- A. to provide our Services to You, to communicate with You about Your use of our Services, to respond to Your inquiries, and for other customer service purposes.
- B. to tailor the content and information that we may send You, to offer personalized help and instructions, and to otherwise personalize Your experiences while using the Site, Applications, or our Services.
- C. to better understand how users access and use our Site, Applications, and Services, both on an aggregated and individualized basis, in order to improve our Site, Applications, and Services and respond to user desires and preferences, and for other research and analytical purposes.
- D. to send You important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information.
- E. for our business purposes, such as data collection and analysis, audits, developing new products, and enhancing and improving our Site, Applications, and the Services.
- F. as we believe to be necessary or appropriate: (1) under applicable law, including laws outside your state or country of residence; (2) to comply with legal process; (3) to respond to requests from public and government authorities including public and government authorities outside your state or country of residence; (4) to enforce our terms and conditions; (5) to protect our operations or those of any of our affiliates; (6) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (7) to allow us to pursue available remedies or limit the damages that we may sustain.
2. PRIVACY AND SECURITY OF PATIENT INFORMATION. Patient privacy is of the utmost importance to COMPANY. We use confidential patient medical information to review patient health care services. COMPANY will, at all times, maintain patient medical information in strict confidence. We will not disclose any information regarding patient information to an unaffiliated third party unless You authorize that person to receive your information, or the information is required or permitted to be disclosed by law. All messages sent and received within DataLink that contain medical information are subject to all state and federal laws governing the privacy and security of medical records. All communications between You and Your COMPANY health care team using DataLink are carried over a secure, encrypted connection, and incorporated directly into Your COMPANY electronic medical record.
3. PROVIDER RESPONSIBILITIES. DataLink is designed as a secure, Internet-based patient portal through which You will receive and review certain confidential patient medical information about Your patients, including test results, treatment recommendations, and information about patient prescription medications, (collectively, “patient medical information”). You or Your legally authorized representative, (collectively, “You”), are solely responsible for:
- A. remembering Your DataLink ID and password and for keeping this information confidential;
- B. safeguarding Your DataLink ID, password, security question, and Your answer to the question;
- C. keeping Your password in a physically secure and safe place for future reference;
- D. preventing access to or disclosure of, Your ID and Password to any unauthorized person;
- E. changing Your password and security question and answer if You believe that Your security has been compromised;
- F. sharing of DataLink content that You intentionally or unintentionally communicate to others; and
- G. protecting Your DataLink password and ID.
COMPANY shall not be liable for any harm or damages that result from Your failure to maintain the privacy and security of your password and ID.
4. CREATING YOUR ACCOUNT. Your DataLink account will be activated once You create an account.
5. EMAIL NOTIFICATION OF MESSAGES IN DataLink. Once Your DataLink account is created, You will receive an email notification from COMPANY. No confidential information will be sent from DataLink to You by email, but You may receive from time to time important email notices and messages from the DataLink team. Therefore, You must verify and update Your email address via the My Preferences link to receive timely notification of newly released information. COMPANY is not responsible for any damage resulting from Your failure to verify and update Your email and account information.
6. URGENT MEDICAL MATTERS. You acknowledge that DataLink is not a substitute for consultation with Your patients, and You agree to advise with Your patients regarding their health conditions should the need arise. Messages sent via DataLink might not be addressed in a timely manner. For all urgent medical matters, advise patients to go to an emergency room, and/or call 911. Never send any messages requiring urgent attention using DataLink’s Interactive Health Record system, applications, or websites. Delays can occur based upon, but not limited to, volume and availability of staff, the complexity of Your patients’ condition, or technology occurrences outside of COMPANY’s control.
7. AGREEMENT TO BE BOUND BY MODIFICATION TO TERMS AND CONDITIONS. By accessing or using DataLink’s Interactive Health Record System, applications, or websites, You agree to be bound by all the Terms and Conditions stated herein. It is important to review these Terms and Conditions periodically as we may modify them at any time. You agree that such modifications are effective and binding on You upon the posting of any modifications.
8. DataLink’s Interactive Health Record IS NOT YOUR PATIENT’S ENTIRE MEDICAL RECORD. DataLink’s Interactive Health Record System is a communication service offered only as a convenience tool to COMPANY patients. You understand that it provides You online access to portions of Your COMPANY electronic medical record, and not Your entire medical record. You understand that not all of your COMPANY patient medical record may appear on DataLink’s Interactive Health Record System. Posting of Your patient medical information to DataLink’s Interactive Health Record System, in whole and in part, is pursuant to COMPANY policy and at the discretion of You, the provider.
9. ACCESS, USE AND DISCLOSURE OF YOUR PATIENTS’ MEDICAL INFORMATION WITHIN COMPANY. If You are out of the office or unavailable to respond, messages sent via DataLink may be routed by COMPANY employees to other authorized health care providers of COMPANY to facilitate a timely response to Your request.
10. REQUEST FOR PAPER RECORDS. When You use DataLink You receive patient medical information electronically through DataLink. You will not be provided paper versions of this information unless You request a copy of patient medical records from COMPANY.
11. LEGALLY AUTHORIZED REPRESENTATIVES. If You, or a court, appoint a legally authorized representative (“LAR”), the LAR will be able to access Your DataLink account and all information in the account, as well as any additional functions available to LARs. In addition, Your LAR may take action on behalf of You via DataLink. COMPANY is not responsible for the acts or omissions of Your LAR.
12. FEE COMPANY. Company reserves the right in the future to charge a fee for the use of DataLink. In the event of such a change, You will be notified and given an opportunity to re-apply to DataLink to continue the service with the fee.
13. POSTINGS. You agree not to post or send any harassing or offensive messages via DataLink.
14. TERMINATION OF USE OF DataLink.
- A. By You: You have the right, at Your sole discretion, to discontinue use of DataLink at any time by contacting DataLink Technical Support.
- B. By COMPANY: COMPANY reserves the right, at its sole discretion, to discontinue Your use of DataLink, and to discontinue the general use of the service itself. You will be notified if DataLink service is discontinued.
15. DOWNLOADING INFORMATION FROM DataLink. You may have access to DataLink features to download portions of Your patient medical information and/or to transmit this information to other health providers who may be unaffiliated with the COMPANY. You are solely responsible for Your use of such features. COMPANY shall not be responsible or liable for any harm or damages that result from Your selection of recipients of Your information, or the subsequent use or disclosure of Your information by them.
16. PROPRIETARY INFORMATION AND OWNERSHIP. All content included on COMPANY websites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data, in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. The content includes both content owned or controlled by COMPANY and content owned or controlled by third parties and licensed to COMPANY. Except as set forth below, direct or indirect reproduction of the content, in whole or in part, by any means, is prohibited without the express written consent of COMPANY. All information in DataLink belongs to COMPANY.
17. LIMITED LICENSE TO USE DataLink. COMPANY grants a limited, revocable license to You to make personal use only of the website and the associated DataLink services in accordance with these Terms and Conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the website and the associated services, making any derivative of the website or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever. Through this license, You may be able to upload third party data into DataLink or download limited patient medical information from DataLink to select third party sites.
18. ENCRYPTION AND SECURITY OF WEBSITE. Once information enters this website it is protected with industry standard encryption software. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using DataLink, information may be transmitted over a medium that is beyond the control of COMPANY and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED ACCESS AND/OR DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE. Once the information is received by COMPANY, Your patient medical information will be treated as confidential and given the same protection that all other COMPANY medical records are given.
19. LINKS TO OTHER WEBSITES. This application/website contains links to websites operated by other parties. The links are provided for Your convenience only. COMPANY does not control such websites and COMPANY is not responsible for the content and performance of these sites. The inclusion of links to other websites does not imply any endorsement of the material on the websites or any association with their operators. COMPANY does not operate, control, or endorse any information, products, or services provided by third parties through the Internet. Use of other sites is strictly at Your own risk, including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other websites.
20. NO REPRESENTATIONS OR WARRANTIES. This website and all other websites hosted by COMPANY, and the content contained herein and therein are provided by COMPANY on an “As Is” basis. COMPANY makes no representations or warranties of any kind express or implied, as to the operation of its websites, or the content, products and/or services included therein. To the fullest extent permissible by applicable law, COMPANY disclaims all warranties, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and/or infringement.
21. JURISDICTION AND VENUE. By using COMPANY’s application/website, You agree that the laws of the state of Florida govern all activity and any dispute that might arise between You and COMPANY, its providers, nurses, staff or other affiliates hereunder, regardless of where You reside, without regard to Florida principles of conflict of laws. You expressly agree to the exclusive jurisdiction of Florida for any dispute with COMPANY, its affiliates, employees, subsidiaries, contractors, officers and directors, and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Hillsborough County, Florida in connection with any claim involving COMPANY, its affiliates, employees, subsidiaries, contractors, officers and directors. Use of this website is unauthorized in any jurisdiction that does not give effect to the Terms and Conditions set forth herein.
22. ACCURACY AND INTEGRITY OF INFORMATION. Although COMPANY attempts to ensure the integrity of DataLink and this website, it makes no guarantees as to the correctness or accuracy of the information. It is possible that DataLink could include typographical errors or other inaccuracies. Please consult Your office and staff if an inaccuracy arises.