There's a lot of legal requirements involved in running a web site. Below you'll find all the information that attorneys feel we should provide. There are 2 distinct sections:
- the Terms Of Service
- the HIPAA Statement
If you need any clarification regarding these legal documents, please don't hesitate to contact us.
802 EYE CARE TERMS OF SERVICE
These Terms of Service are hereby effective on June 18, 2014 and will apply to the website that you are visiting, 802eyecare.com (the “Website”), which is owned by 802 Eye Care (the “Company”).
Illegal or Abusive Usage is Strictly Prohibited: You must not abuse, harass, threaten, impersonate or intimidate other users of our Website. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our Website, Company will suspend your account or usage as applicable.
Copyright: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.
Trademarks: 802 Eye Care or 802eyecare.com and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
Disclaimer of Warranties and Limitation of Liability:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law: By visiting our website, you agree that the laws of the State of VT, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Company.
If you have questions or concerns regarding this statement, you should first contact Company at the email address or postal address specified on the Website.
INFORMATION COLLECTION AND USE
Our primary goal in collecting personally identifiable information is to provide you with the products and services made available through the Website, including, but not limited to our services, to communicate with you, and to manage your registered user account, if you have one.
Information Collected Upon Registration: If you desire to have access to certain restricted sections of theWebsite, you will be required to become a registered user, and to submit certain personally identifiable information to Company. This happens in a number of instances, such as when you sign up for our services, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your full name,username,email address,telephone number,and other information that you decide to provide us with, or that you decide to include in your public profile.
Use of Contact Information: In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
Log Data: When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Website and of our Service, and for the Website’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Company or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
802 EYE CARE HIPAA STATEMENT
Effective Date: 6-18-14
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
We understand that medical information about you is personal and we are committed to protecting it. 802 Eye Care is required by law to maintain the privacy of your health information, to follow the terms of this Notice, and to provide you with this Notice of our legal duties and privacy practices with respect to your health information. We are required to follow the terms of the Notice that is currently in effect.
How 802 Eye Care May Use or Disclose Your Health Information:
For Treatment - to dispense and provide prescription ophthalmic goods and services to you.
For Payment - so that your vision services may be billed to and payment may be collected from you, your insurance company, or a third party.
For Health Care Operations - 802 Eye Care operations, which include activities necessary to run the contact lens sales business and make sure that you receive quality customer service.
For Appointment Reminders and Health-Related Products and Services - we may use and disclose health information for annual eye examination cards, to tell you about health-related products and services, or recommend possible treatment alternatives that may be of interest to you.
To Individuals Involved in Your Care or Payment for Your Care - we may disclose your health information to a family member or friend who is involved in your medical care or payment for your care, provided that you agree to the disclosure, or we give you an opportunity to object to the disclosure. If you are not available or are unable to agree or object, we will use our best judgment to decide whether this disclosure is in your best interests.
As Required by Law - to comply with federal, state or local law.
To Avert a Serious Threat to Health or Safety - we may use and disclose your health information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure would be only to someone able to avert the threat.
For Public Health Activities/Risk Prevention - for public health activities, including, for example, activities to prevent or control disease or injury; report problems with products; or, report abuse or neglect.
For Health Oversight Activities - to a health oversight agency for activities authorized by law. These activities, which are necessary for the government to monitor the health care system, include audits, investigations, inspections and licensure.
For Lawsuits and Disputes - if you are involved in a lawsuit or dispute, we may disclose your health information in response to a court or administrative order. We also may disclose your health information in response to a subpoena, discovery request or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request (which may include written notice to you) or to obtain an order protecting that information.
For Specialized Government Functions - (1) if you are a member of the armed forces, as required by military command authorities; (2) if you are an inmate or in lawful custody, to a correctional facility or law enforcement official; (3) in response to a request from law enforcement, if certain conditions are satisfied; (4) for national security reasons authorized by law; and (5) to authorized federal officials to protect the President, other authorized persons or head of state.
For Workers' Compensation or other similar programs
Organ and Tissue Donation - to organ procurement or similar organizations for purposes of donation or transplant.
Coroners or Funeral Directors - to a coroner or medical examiner, for example, to determine cause of death. We also may disclose your health information to funeral directors consistent with applicable law to enable them to carry out their duties.
Personal Representatives - to a person legally authorized to act on your behalf, such as a parent, legal guardian, administrator or executor of your estate, or other individual authorized under applicable law.
Marketing - with your written authorization, we may use your health information or disclose your health information to our third party agents, representatives, services providers and/or contractors to offer targeted marketing communications to you.
Other Uses and Disclosures of Your Health Information
Except as described in this Notice, 802 Eye Care will not use or disclose your health information without your written authorization. If you do authorize 802 Eye Care to use or disclose your health information, you may revoke your authorization in writing at any time. If you revoke your authorization, this will stop any further use or disclosure of your health information for purposes covered by your written authorization, except if we have already acted on your permission.
You Have the Following Rights with Respect to Your Health Information.
You have the right to request that we follow special restrictions when using or disclosing your health information for treatment, payment or health care operations, or to someone who is involved in your care or the payment for your care. 802 Eye Care is not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment and other exceptions pursuant to law.
With certain exceptions, you have the right to inspect and copy your health information. Usually, such information includes prescription and billing records. We may deny your request to inspect and copy in certain limited circumstances, in which case, you may request that the denial be reviewed.
You have the right to request that 802 Eye Care amend your health information if you feel that it is incorrect or incomplete. You must provide a reason supporting your request. We may deny your request if the health information is accurate and complete or is not part of the health information kept by or for 802 Eye Care Even if we deny your request for amendment, you have the right to submit a statement of disagreement regarding any item in your record you believe is incomplete or incorrect. If you request, this will become part of your medical record, and we will attach it to your records and include it whenever we make a disclosure of the item or statement you believe is incomplete or incorrect.
You have a right to request an accounting of disclosures of your health information. This is a list of disclosures we made of your health information, other than for treatment, payment, health care operations, and other exceptions pursuant to law. You must specify the time period, which may not be longer than six years and may not include dates before April 14, 2003.
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you may request that we contact you only at work or at a different residence or post office box. We will accommodate all reasonable requests.
If you would like to exercise one or more of these rights, contact 802 Eye Care to obtain the appropriate form to complete, or submit a written request to 802 Eye Care, 4 Laurel Hill Drive, South Burlington, VT 05403. A paper copy of this Notice may be obtained from 802 Eye Care upon request.
Changes to this Notice of Privacy Practices
802 Eye Care reserves the right to change this Notice. We reserve the right to make the revised or changed Notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current Notice in our retail store. If we change our Notice, you may obtain a copy of the revised Notice upon request from 802 Eye Care.
For More Information or to Report a Problem
If you have questions or would like additional information about our privacy practices, you may contact 802 Eye Care at the address above or (802) 862-0023. If you believe your privacy rights have been violated, you may file a written complaint, for which there will be no retaliation, using our HIPAA Privacy Complaint Form sent to 802 Eye Care, 4 Laurel Hill Drive, South Burlington, VT 05403, or with the Secretary of the Department Health and Human Services.