TERMS OF SERVICE  & PRIVACY POLICY                                                                                          

 

 

PURPOSE

TravelMed services, products and website are intended to provide United States residents (limited to certain states where providers are currently licensed) with information to obtain telemedicine consultation by a U.S. licensed practitioner related to medications that would be relatively safe and deemed medically beneficial for a specific person’s future travel plans to a remote area that is challenged in access to medical care.

 

 

DISCLAIMER

Please review this entire Agreement which details TravelMed’s Term of Service, Privacy Policy, and Consent for all disclaimers of our liability, which include:

• TravelMed provides technological and other services to connect patients to licensed medical providers.

• All medical care and prescription products are provided by a licensed provider and determining if a certain prescription is appropriate for a particular patient is medically warranted by the Provider using a two way HIPAA compliant audio and video platform according to the standards of care of the U.S. state where the Patient is currently residing.

• The costs to the Patient for TravelMed’s services will be the Provider fee plus additional costs of the medications which will be paid to the Patient’s pharmacy of choice.

• TravelMed does not guarantee any results, such as prevention of contracting malaria or high altitude illness or any other disease.

• All customized prescription medications are produced by licensed professionals and shipped by a  third party pharmacy directly to the Patient or picked up by the Patient at their local pharmacy of choice.

• TravelMed does not sell or distribute any medications.

• TravelMed prescription pills may or may not be covered by your health insurance therefore the cost of these pills depends on if you have health insurance coverage / type of coverage and the pharmacy where medications are dispensed from.

• TravelMed will send You email correspondence that may contain details of your treatment. These emails will never contain your photos or payment information.

• TravelMed does not replace your existing relationship with your primary care physician.

• TravelMed is not for emergencies or emergency consultation or medical evacuation or provide insurances (including health insurance, travel insurance, medical evacuation insurance, ext.)

• TravelMed services are limited to U.S. residents located in specific states in which TravelMed Providers are licensed. Please see Website to determine which states TravelMed is currently able to provide services.

• TravelMed does not accept insurance.

• TravelMed and its affiliated medical professionals operate subject to state regulation and may not be available in certain states.

• TravelMed's affiliated medical providers do not prescribe DEA controlled substances.

• TravelMed's affiliated medical providers reserve the right to deny treatment if they believe that a Patient may be better served by a local provider, or for any other reason according to their professional judgment.

• If You are under the age of eighteen (18) then You are not authorized to use the webpage or associated services of TravelMed. We can evaluate pediatric patients for travel medications but only under the direction of their parent(s) or guardian. If You believe that someone under age 18 have contacted our services without parents guidance please immediately contact andrew@TravelMed.com.

 

 

THIRD PARTY NOTICE

Please note that the Website, www.TravelMed.us, may identify or make available products, payment processing vendor, or other services (which may include healthcare services, drugs, or medical devices) of certain third-party healthcare providers or other third party companies. Such products or services are considered Third-Party Materials.  Fry Emergency Care, PLLC doing business as TravelMed itself is not responsible for any such Third-Party Materials. Third party vendors or materials or services should be considered contractual in nature as nothing more than such. We have no direct relationship with the procedures and possible related damages to such third party organizations or businesses. Your use of third party materials is at your own risk and is subject to additional terms, conditions and policies that might apply to third party materials. TravelMed accepts no responsibility or any liability that might occur from your use of any third party websites or service.

 

AGREEMENT UPDATES AND CHANGES

We may change this Agreement from time to time by notifying You of such changes by any reasonable means, including by posting a revised Agreement through the Website. Any such changes will not apply to any dispute between You and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified You of such changes.

Your use of the Website following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); charge, modify, or waive any fees required to use the Website; or offer opportunities to some or all Website users.

 

WEBSITE AND JURISDICTION

The Website and Services are controlled or operated (or both) from the United States and are not intended to subject TravelMed to any non-U.S. jurisdiction or law. The Website and Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and You must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

 

 

PRICING

TravelMed reserves the right to determine the pricing of its services products. TravelMed will make reasonable efforts to keep pricing information published on the Website up to date. We encourage You to check our Website periodically for current pricing information. TravelMed may change the fees for any feature or product, including additional fees or charges, if TravelMed provides advance notice of changes before they apply. TravelMed, at its sole discretion, may make promotional offers with different features and different pricing to any of TravelMed’s customers. These promotional offers, unless made to You, will not apply to your offer or these Terms.

 

 

NO RESALE OF SERVICES, PRODUCTS OR PRESCRIPTIONS

TravelMed sells its services and possibly products directly to You (individual patients as the end consumers). Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If TravelMed believes You are involved in purchase for resale, TravelMed reserves the right to take any action against You, including, without limitation, to restrict sales to You, cancel your orders, and/or suspend or close your User Account.

 

 

RULES OF CONDUCT

In connection with the Services, Website, and Products, You must not:

 

• Contact or seek to contact any healthcare professional associated with TravelMed outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.

• Post, transmit or otherwise make available through or in connection with the Website or social media sites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

• Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

• Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.

• Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.

• Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

• Harvest or collect information about users of the Website.

• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.

• Restrict or inhibit any other person from using the Website.

• Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without TravelMed’s express prior written consent.

• Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.

• Remove any copyright, trademark or other proprietary rights notice from the Website.

• Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without TravelMed’s express prior written consent.

• Systematically download and store Website content.

• Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without TravelMed’s express prior written consent.

• “Frame” or “mirror” any TravelMed or Agency content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

In connection with the Website, You shall notify TravelMed immediately if You become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by TravelMed.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.

 

We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order, shipment, consultation, and/or terminate any User Account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to TravelMed by You or anyone acting on your behalf may result in the termination of your User Account. If TravelMed has any reason to suspect fraudulent activity is associated with your User Account, TravelMed reserves the right to delay or withhold Products and/or Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. TravelMed decisions are final.

 

 

PRODUCTS

The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. TravelMed reserves the right to limit any initial trial offers to new subscribers.

 

 

TRANSACTIONS

We may make available the ability to (i) communicate with a healthcare provider and (ii) possibly purchase or otherwise obtain certain Products through the Website. If You wish to make a Transaction, You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that You have the right to use any credit card or other payment information that You submit in connection with a Transaction. By submitting such information, You hereby authorize TravelMed to charge You and grant to us the right to provide such information to third parties for purposes of facilitating Transactions, including through Stripe or Paypal - TravelMed’s third-party payment processing services. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If your payment method fails or fees associated with your User Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file (including with Stripe) and/or retaining collection agencies and legal counsel. By making a Transaction, You represent that the applicable Products will be used only in a lawful manner. We reserve the right to change the types of Transactions for which we charge, and we reserve the right to charge for consultations with your healthcare provider.

 

TravelMed reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, trial or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. You agree to pay all charges incurred by You or on your behalf through the Website, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, You are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service.

 

Products will be shipped to an address designated by You, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Website. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to You upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

LOGIN REGISTRATION; USER NAMES AND PASSWORDS

You may need to register to use all or part of the Website. We may reject, or require that You change, any user name, password or other information that You provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; You, and not TravelMed, are responsible for any use or misuse of your user name or password, and You must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or User Account. You are limited to one active User Account and You may not use the Website account of any other TravelMed or Agency user at any time.

 

Your cooperation is imperative in safeguarding your Personal Information. Choose your User Account password carefully, as anyone with access to your User Account password will be able to assume your online identity and view your medical information, change your Personal Information, and communicate with your TravelMed affiliated health care providers. It is your responsibility to prevent disclosure of your password to others, and to change your password if You feel that its security has been compromised. You may change your password from your User Account profile page after logging into your User Account. Additionally, You will periodically receive correspondence from TravelMed at the email address You register with your account. While these emails will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that You safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for TravelMed to transmit your Personal Information, including your Health Information, to such address. For more information regarding our privacy practices, please review our Privacy Policy.

 

DISCLAIMER OF WARRANTIES

According to what is applicable by law: the website and any products and services and third party materials are sold “as is”, “where is”, “where available” basis without any warranties of any kind whether express, implied or statutory; and TravelMed disclaims all warranties with respect to any of its services, website, products or third party vendors. You understand and agree that any information, products, or services obtained through the use of the website is obtained at your own discretion and risk and that You will be solely responsible for any damage or loss that results from the use thereof. No advice or information, whether oral or written, obtained by You from TravelMed or the Website will create any warranty not expressly made herein.

 

All disclaimer of any kind including in this this Agreement and elsewhere in the Terms of Service, Privacy Policy, or General Consent/ Telemedicine Consent are made for the benefit of both TravelMed and any of provider entities, and their affiliates and respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers or collectively “Affiliated Entities” and their respective successors and assigns.

 

 

LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law: (a) TravelMed will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, TravelMed will not be liable for damages of any kind resulting from your use of or inability to use the website or from any products or third party materials, including from any virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the website or any products or third party materials is to stop using the website; and (d) the maximum aggregate liability of TravelMed for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (1) the total amount, if any, paid by You to TravelMed to use the website and (2) one hundred U.S. Dollars ($100). If You are dissatisfied with any portion of the website, the products, or this agreement, your sole and exclusive remedy is to discontinue use of the website and/or products or services. All limitations of liability of any kind (including in this this Agreement and elsewhere in this agreement) are made for the benefit of both TravelMed and the affiliated entities, and their respective successors and assigns.

 

Applicable law in states other than New Jersey (which is addressed below) may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to You, some or all of the above disclaimers, exclusions or limitations of liability may not apply to You, and You may have certain additional rights.

 

 

INDEMNITY AND RELEASE

To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless TravelMed and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of this Agreement by You.

 

If the Patient fails to comply with all of the terms and conditions set forth in this Agreement then the Patient must accept fully responsibility of outcomes related to a breech and failure to follow instructions and terms as given by TravelMed.

 

TERMINATION

This Agreement is effective until terminated. You may deactivate your User Account at any time, for any reason, by sending an email to andrew@TravelMed.com for TravelMed patients. TravelMed may terminate, discontinue, cancel, suspend, change or limit Your use of the Website or Services at any time and without prior notice, for any or no reason, including if TravelMed believes that You have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by You to TravelMed are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and TravelMed may, without liability to You or any third party, immediately deactivate or delete your user name, password and User Account, and all associated materials, without any obligation to provide any further access to such materials.

 

 

TERMINATION OF MEDICAL RECORDS

Your medical records will be retained by TravelMed for a period of at least ten (10) years, unless a longer period is required by state or federal law, after which they may be destroyed. If You are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until You reach the age of 23, or as required by state or federal law. All sections of this Agreement shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Agreement shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that TravelMed will not be liable to You or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If You are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either You or our remedies at law or in equity.

 

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 ATTORNEYS’ FEES, ENFORCEABILITY, CHOICE OF LAW, AND CHOICE OF VENUE

The prevailing party shall be entitled to attorney fees and all costs and expenses incurred, including, without limitation, expert witness fees and all deposition, transcription and videographer costs and expenses. The parties agree that the “prevailing party” shall be the party that most improves upon the last settlement offer made by the opposing party which has not been withdrawn. The parties agree any settlement offer made under this paragraph shall be made in writing and served consistent with CR 5.  Any party who has made no written settlement offer that has not been withdrawn shall be deemed to have offered $0 and no non-economic relief in settlement.  Any final offer by any party shall be made at least 10 days before trial commencement.  Settlement offers shall not be revealed in any way to the judge or jury prior to a party’s post-judgment motion for attorney fees, costs and expenses. If no party improves upon the last, non-withdrawn settlement offer by the opposing party, the parties shall bear their own fees, costs and expenses.

 

Enforceability. If this Agreement is found to be unenforceable or if the entirety of this Agreement is found to be unenforceable, then the entirety of this Agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement.

 

This Agreement is governed by the laws of the State of Washington without regard to conflict of law principles. You and TravelMed submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Website from our offices in Washington, and we make no representation that the Website is appropriate or available for use in other locations.

 

 

INFORMATION OR COMPLAINTS

If You have a question or complaint regarding the Website, Product(s), or Service(s), please send an email to andrew@TravelMed.com. You may also contact us by mail. Please note that e-mail communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in your e-mail correspondence with us.

 

 

COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Website infringe your copyright, You (or your agent) may send to TravelMed a written notice by mail or e-mail, requesting that TravelMed remove such material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send to TravelMed a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

 

 

IMPORTANT NOTE TO NEW JERSEY CONSUMERS

If You are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to You (and do not limit any rights that You may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that You indemnity TravelMed (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the California governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

 

MISCELLANEOUS

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and TravelMed. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to your User Account and any information that You provide or that has been provided on your behalf to TravelMed or that has been collected by TravelMed in connection with TravelMed’s business operations or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or this Agreement title contained herein is for convenience only, and in no way defines or explains any this Agreement or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between You and TravelMed relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and TravelMed relating to such subject matter. Notices to You (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

 

EXCUSED PREFORMANCE

TravelMed will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond TravelMed’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.

 

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PRIVACY POLICY                                                                                                                  

 

INFORMATION COLLECTION

 

TravelMed collects and stores a variety of information when You use our Services so that we can provide the Services to You. If we do not have this information, You may not be able to access or use part or all of our Services. The specific types of information we collect will depend on the Services You use, but may include the following:

 

Personal information means information associated with or used to identify or contact a specific person. Personal information we collect may include:

• Identifiers such as your first and last name, date of birth, sex or gender, physical address, email address, phone number, identification numbers, etc.

• Audio, visual, and other electronic information such as photographs and videos for purposes other than diagnosis or treatment

• Commercial information such as your order history, products purchased or considered, payment information, and shipping history

• Internet and network activity information such as IP address, geolocation information for transactional purposes, device information, log data, and cookies and similar technologies

• Inferences drawn from any of the information collected about You such as your preferences, characteristics, and behavior, etc.

 

Health information is a type of personal information that includes any identifying information we collect relating to your medical history, including symptoms, diagnoses, treatment and outcomes. Health information we collect may include:

 

• Audio, visual, and other electronic information such as photographs and videos for purposes of diagnosis or treatment

• Medical history such as medical conditions, medications, allergies, treatment options, prescriptions, and any other health-related information for purposes of diagnosis or treatment.

• Commercial information such as your order and shipping history

 

 

INFORMATION SOURCES

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We collect information about You from the following categories of sources: 

 

You (Actively)

• You may actively provide us information when You use our Services such as through our websites, emails, social media, surveys, sweepstakes and promotions, customer support, or any other online or offline interactions.

 

You (Passively)

• You may also passively provide us information through your interactions and use of our Services such as your IP address, access times, hardware and software information, device information, device event information (e.g., crashes, unsuccessful logins, browser type), the web page You’ve viewed or engaged with before or after using the Services, and other relevant information. We may use cookies and other tracking technology to collect this information. For more information on the cookies and other tracking technology we use, please see the Cookie section below. If You actively provide information, but do not complete the sign up for Services, our website cookies may store the data provided for thirty (30) days.  

 

Third Parties

• We may receive information from third parties such as affiliates, business partners, and service providers to operate our business and improve your experience and interactions with us.

 

Publicly Available Databases

• We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.

 

 

INFORMATION USE

TravelMed and our service providers may use information about You to:

 

• Provide telemedicine service for evaluation of prescribed medications that might be helpful in remote areas or modern healthcare limited areas.

• Treatment Alternatives. The Practice may use and disclose medical information to tell You about or recommend possible treatment options or alternatives that the Practice believes may be of interest to You.

• Verify your identity as the holder of an account with us;

• Administer your account, process payments, troubleshoot issues, and provide You with customer support;

• Communicate with You about the Services, and to deliver any administrative notices or alerts and communications relevant to your use of the Services;

• Market our services and those of third parties that we believe may be of interest;

• Tailor the features, performance and support of the Services to You and your preferences.

• Provide, operate, analyze usage of, and improve the Services, including performing research and development;

• Make sure our terms, policies, and agreements with You and any third parties are enforced.

• Comply with applicable laws and regulations.

 

 

SHARED INFORMATION

We understand the importance of protecting the confidentiality of your information and limit our disclosure of your personal and/or health information to the following possible scenarios:

 

• To licensed medical providers (including those who provide healthcare services, drugs, or medical devices) so that they may provide You with the telemedicine evaluation and related products and services You request;

• To third-party service providers acting on our behalf or to entities with whom we may collaborate with to offer and deliver the Services;

• In order to protect the safety and security of TravelMed, the Services, our operations, our systems, our properties, our customers, or any other related person or entity;

• In order to investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;

• In order to establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others;

• In order to comply with applicable laws or legal processes such as a court order or subpoena;

• In connection with any reorganization, restructuring, merger, sale, acquisition, financing, dissolution, or other transfer of assets under the condition that the recipient agrees to respect your information in a manner that is consistent with this Privacy Notice.

 

TRACKING TECHNOLOGY AND COOKIES (not the ones You eat)

We use cookies and other tracking technologies to collect information about your use of our Services. Cookies are small files, typically comprised of letters and numbers, that your computer or mobile device saves when You visit certain websites. When You return to the websites that save cookies on your device—or visit other websites that use the same cookies—the websites recognize such cookies and your browsing device.

 

Generally, we use first-party and third-party cookies for the following purposes: to make our Services function properly; to provide a secure browsing experience during your use of our Services; to collect information about your use of our Services to help us improve and optimize our Services; to remember your preferences for your convenience; and to market our Services, including by showing ads or content on our Services or on third-party sites.

We use the following types of cookies on our Services:

 

• Strictly Necessary Cookies, which are needed for the Site or Services to operate as reasonably expected by You.

• Functional or Preference Cookies, which remember your name or choices.

• Performance or Analytic Cookies, which collect passive information about your use of the Site or Services.

• Advertising or Targeting Cookies, which are used to make advertising messages more relevant and personalized to You based on your inferred interests.

 

Depending on whether You would like to manage a first-party or third-party cookie, You will need to take the following steps:

 

• First-Party Cookies: You can enable, disable, or delete cookies through the browser You are using to access our Services. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if You set your browser to disable cookies, You may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for You. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.

• Third-Party Cookies: You can disable cookies from third parties by using your browser settings or, if available, directly opting-out of cookie collection with the third-party cookie service provider via their website. The online advertising industry also provides websites from which You may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at the following websites: Network Advertising Initiative, Ad Choices, Facebook, Google Ads.

 

Google Analytics. We use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.

 

Location Information. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information. We will not share data obtained through our text message programs, including your phone number or location information, with third parties for their marketing purposes.

 

PERSONS UNDER THE AGE OF 18

Persons under the age of 18 are prohibited from signing up or reviewing our Services. Persons under the age of 18 may only use our Services with the legal authorization of their parent or legal guardian. TravelMed does not knowingly collect any information from persons under the age of 18.

 

Please contact us if You believe we have collected user information about a child without consent from their parent or guardian so we can take corrective action. Requests should include a description of the specific posted information (including information that will allow us to confirm it was created and posted by You) and should be sent to Andrew@travelmed.us.

 

 

INFORMATION SECURITY

TravelMed understands the importance of securing your information. We are continuously implementing and updating our administrative, technical, and physical security measures to protect your information. For example, we use firewalls to monitor and control our network traffic, encryption to secure our data transmissions, and cryptographic hash functions to store or share certain data.

                                                  

Please be aware that using the Internet comes with inherent risks. No method of data transmission or method of physical or electronic storage can be guaranteed to be perfectly secure. There is some risk that an unauthorized third party may find a way to circumvent our security or that a transmission of your information over the Internet will be intercepted. TravelMed takes the measures stated above to provide a level of security appropriate to the risks of processing your information. You acknowledge and accept that we cannot guarantee the security of your information.

 

Aside from our efforts in securing your information, it is your responsibility to protect the security of your account credentials and keep your password confidential. If You notice suspicious activity or believe that your account may have been compromised in some way, please contact us immediately at Andrew@travelmed.us.

 

INFORMATION RETENTION

We may retain your information as required or permitted by applicable laws and regulations. For example, if You are a resident of certain jurisdictions You may be able to request to have your personal information deleted. If your request is granted, we may still be required by medical laws to retain your health information for a period of time. Your medical records will be retained by TravelMed for a period of at least ten (10) years, unless a longer period is required by state or federal law, after which they may be destroyed. If You are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until You reach the age of 23 or as required by state or federal law.

 

YOUR PERSONAL CHOICE

In order to provide our Services to You, we may send You communications related to your transactions, security, or the administration of this website. Transactional emails are emails we send You relating to your account or in connection with providing You the Services such as emails changing your password, emails in response to your support request, and emails from your medical provider. 

 

From time to time, TravelMed may also send You marketing emails to provide You with free newsletters, surveys, offers, and other promotional materials. If You wish to stop receiving marketing emails from us, You can opt out by clicking the unsubscribe link at the bottom of any marketing email or contact us at Andrew@travelmed.us. Please be aware that You cannot opt out of transactional emails. You may opt in to receive text messages. If You decide You no longer wish to receive text messages (including operational, promotional, or transactional) from us, You can opt-out of receiving future text messages by replying “STOP.” However, You acknowledge that opting out of receiving text messages may impact your use of the Services.

 

You may access your TravelMed account information by going to the “Your Account” page. You can edit your account information as necessary, such as your email address, name, phone number, and more. When You update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if You do not provide us with some of your personal information, such as your name or email, we will no longer be able to provide You with access to our Services.

 

 

CALIFORNIA PRIVACY RIGHTS

According to California Consumer Privacy Act of 2018 (CCPA) if You are a California resident You have the following rights subject to certain exceptions:

• The right to know about what personal information in the last 12 months was collected, how it is used, and whether it is disclosed for a business purpose or sold to third parties;

• The right to request deletion of personal information;

• The right to opt-out of the sale of personal information; and

• The right to non-discrimination for the exercise of privacy rights.

 

You may submit a request to access or delete your personal information by emailing andrew@travelmed.us  Before we approve your request(s), we will ask You to verify certain Personal Information that we have on file. Please note that requests pursuant to the CCPA are limited to non-medical personal information, as the CCPA does not apply to health information governed by the CMIA.

 

TravelMed does not sell your personal information within the normal meaning of the word, but we do use cookies, pixels, and similar technology to improve your user experience. Like many websites, we share certain information, such as your IP address, device ID, click ID, or other similar online identifiers, with certain third-party advertisers in order to optimize our marketing activities and improve your user experience. Under the CCPA’s broad definition of “sell”, this could be considered a sale. If You wish to opt out of this activity then please email Andrew@travelmed.us.

 

We will not discriminate against You for exercising your rights under the CCPA.

Please note that requests pursuant to the CCPA are limited to non-medical personal information as the CCPA does not apply to health information governed by the CMIA. Before we approve your request(s), we will ask You to verify certain Personal Information that we have on file. You may submit a request to access or delete your personal information by emailing andrew@travelmed.us. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent, You or your authorized agent must email andrew@travelmed.us that the agent has a valid power of attorney pursuant to California Probate Code sections 4000-4465.

 

The table below summarizes the categories of personal information categories, as identified by the CCPA that TravelMed has collected in the last twelve months, and the third-parties with whom we may share your information for a business purpose as described in Section 4, above. The sources from which we collect personal information can be found in Section 1 above entitled “Sources of Information.” For purposes of this Section 11 only, “personal information” has the meaning given in the CCPA, but excludes information exempted from the scope of the CCPA, such as health information that is exempt from the CCPA, as noted above. 

Categories of Personal Information Collected

Categories of Third Parties

A. Identifiers

Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)

B. Certain Personal Information (§1798.8)

Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)

C. Certain Characteristics of Protected Classifications

Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Website Optimization, Data Analytics)

D. Commercial Information

Affiliated Entities; Medical Providers; Service Providers (Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics)

F. Internet or Network Activity Information

Service Providers (Customer Support/Feedback, Marketing Services, Operating Systems, Website Optimization, Data Analytics)

H. Certain Audio/Electronic/Visual/Similar Information

Affiliated Entities; Medical Providers; Service Providers (Operating Systems, Website Optimization, Data Analytics)

I. Professional/Employment-related Information

Affiliated Entities; Medical Providers; Service Providers (Talent Acquisition)

K. Inferences

Service Providers (Website Optimization, Data Analytics)

“Shine the Light” Law (California Civil Code § 1798.83)

California law permits California residents to request certain details about how their information is disclosed with third parties for third-party direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.

 

Privacy Rights for California Minors in the Digital World Act

If You are a California resident under the age of 18 and are a registered user of the Services, then You may request that we remove information You posted on the Services. We do not allow accounts for persons under age 18 at TravelMed so this should not be an issue.

 

 

COMPLAINTS

To file a complaint, You may call, email, or send a written letter. The Practice will not retaliate against any individual who files a complaint. You may also file a complaint with the Secretary of the Department of Health and Human Services

 

CONTACT

Email questions, concerns, complaints or any other issues to andrew@TravelMed.us. Please allow three (3) days for TravelMed to respond to You. We do not respond to medical questions over email, especially urgent or emergent personal medical questions, requests, or concerns.

 

UPDATES

We may update this Privacy Notice from time to time and make changes to our information practices as permitted by law. You can reference the date on the bottom to determine when this Privacy Notice was last updated. Any changes will become effective when we post the revised Privacy Notice on the Services. If You are registered for the Services, You will be notified of any material changes to this notice prior to them becoming effective. Your use of the Services following this notice means that You acknowledge and accept the revised Privacy Notice.

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Terms and Privacy Policy last updated February 1st, 2022.