PHGI Web Site and Patient Portal Agreement
PHGI Associates, Ltd. and Washington Square Endoscopy Center, LLC (individually and collectively, as applicable, “PHGI,” “we,” “us,” or “our”) provide (i) an informational Web site service hosted by or on behalf of PHGI (“PHGI Web Site” or “Web Site”) and (ii) a patient portal service operated by PHGI and accessible through (though maintained separate and apart from) the PHGI Web Site that allows a registered PHGI patient to communicate electronically with PHGI and to maintain a unique personal profile online in order to, among other things, request prescription refills, make appointments, and provide, update, and access personal health information and other information relevant to the treatment of the PHGI patient by PHGI (“Patient Portal” or “Service”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS THAT YOU AGREE TO WHEN YOU USE THE PHGI WEB SITE AND PATIENT PORTAL, AS APPLICABLE.
BY BEING A VISITOR TO ANY PORTION OF THE PHGI WEB SITE THAT IS OFFERED OUTSIDE OF THE PATIENT PORTAL (“Visitor” or “you”), YOU AGREE TO BE BOUND BY THE “WEB SITE TERMS,” WHICH INCLUDE TERMS APPLICABLE TO ALL VISITORS OF THE WEB SITE, INCLUDING THE “PRIVACY POLICY” AND “COPYRIGHT POLICY.”
IF YOU CHOOSE TO REGISTER AS A MEMBER (“Member” or “you”) OF THE PATIENT PORTAL, YOU WILL BE ASKED TO CHECK A BOX TO INDICATE THAT YOU HAVE ALSO READ AND AGREE TO BE BOUND BY THE “PATIENT PORTAL TERMS” IN ADDITION TO THE WEB SITE TERMS AND ANY OTHER TERMS AND CONDITIONS ON THE PATIENT PORTAL (TOGETHER, THE “WEB SITE TERMS,” “PATIENT PORTAL TERMS,” “GENERAL PHGI AGREEMENT TERMS,” PHGI POLICIES (INCLUDING THE “PRIVACY POLICY” AND “COPYRIGHT POLICY”) AND ANY OTHER TERMS AND CONDITIONS REGARDING THE PATIENT PORTAL OR WEB SITE SHALL BE REFERRED TO AS THE “PHGI AGREEMENT”).
INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS PHGI AGREEMENT BY CLICKING “I AGREE” BELOW AND FOLLOWING THE OTHER INSTRUCTIONS IN THE REGISTRATION PROCESS.
This PHGI Agreement sets out the legally binding terms for use of the Web Site and, if you are a Member, use of the Patient Portal. PHGI may modify this PHGI Agreement (or any part thereof) from time to time and such modification shall be effective upon posting of such change by PHGI on the Web Site.
If you are a Visitor to the Web Site, under the terms of this PHGI Agreement, you agree to be bound to any changes to this PHGI Agreement that are applicable to you when you use the Web Site after such modification is posted on the Web Site.
If you are a Member of the Patient Portal, under the terms of this PHGI Agreement, you agree to be bound to any changes to this PHGI Agreement when you use the Patient Portal after such modification is posted on the Web Site; however, for any “material” change, such “material” change shall become effective if: (i) PHGI sends to you an e-mail or posts information on the Web Site notifying you of such “material” change and the date that such new PHGI Agreement will be posted on the Web Site (“Effective Date”) and you then continue to use the Patient Portal after the Effective Date; or (ii) PHGI asks you to agree to the new PHGI Agreement with the change prior to the commencement of continued use of the Patient Portal and you agree to the same. If you do not agree to the “material” change, you may notify PHGI under subsection (i) above or click “I do not agree” to the new PHGI Agreement with the change under subsection (ii), as applicable, and PHGI will discontinue your membership in the Patient Portal.
Patient Portal Terms
1. Operator. The Patient Portal is operated and hosted by PHGI. PHGI is also referred to in these terms as “we” or “us.”
2. Purpose of the Patient Portal. The purpose of the Patient Portal is to allow registered PHGI patients to communicate electronically with PHGI and to maintain unique personal profiles online in order to, among other things, request prescription refills, make appointments, and provide, update, and access personal health information and other information relevant to the treatment of PHGI patients. PHGI operates the Patient Portal without charge to its registered patients for the convenience of PHGI and its patients. Registration for use of the Patient Portal by prospective and current PHGI patients is completely voluntary and use of the Patient Portal is at the discretion of registered patients. The quality of the medical care you receive from PHGI is not in any way negatively impacted by your decision to register to use or to use the Patient Portal or not.
3. Eligibility. Registration to use and use of the Patient Portal are void where prohibited. By registering to use the Patient Portal (a “Membership Account”) and using the Web Site and the Patient Portal, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. To register to use the Patient Portal, you must be 18 years of age or older. In this respect, you represent and warrant that you are 18 years of age or older and that your use of the Web Site and Patient Portal shall not violate any applicable law or regulation. If we learn that you are misrepresenting your age, your Membership Account may be deleted without warning.
4. Registration. You agree that the information that you provide to us upon registration to use the Patient Portal and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. In particular, you must keep your e-mail address up to date in that this is the primary means in which we will communicate with you about your Membership Account.
5. Password and Membership Account. When you register as a Member, you will be asked to provide a password. Since you will be responsible for all of the activities that occur with respect to your Membership Account, we ask that you keep your password confidential. Your membership is solely for your personal use, and you shall not authorize others to use your Membership Account, including your profile or email address. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR MEMBERSHIP ACCOUNT, INCLUDING ANY E-MAIL MESSAGES, AND FOR YOUR INTERACTIONS WITH PHGI. You must notify PHGI immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
In this respect, you shall not disclose your password to any third party or permit any third party to access your Membership Account.
You may not sell or otherwise transfer your profile for your Membership Account. You may not use the account, username, or password of any other Member at any time or attempt to impersonate (i) another Visitor to the Web Site, (ii) any person who is not a Member or (iii) any Member.
PHGI reserves the right to cancel the Patient Portal or to discontinue Membership Accounts that have been inactive for more than three-hundred and sixty five (365) days in its sole discretion and without prior notice to you.
6. Privacy. Please review the PHGI “PRIVACY POLICY”. The terms of the Privacy Policy are incorporated into, and considered part of, these Patient Portal Terms.
7. Agreement Term. As soon as accept the terms of the PHGI Agreement and complete registration to use the Patient Portal, you become a Member of the Patient Portal. This PHGI Agreement shall remain in full force and effect while you use the Web Site, the Patient Portal, and/or are a Member. You agree that PHGI may at any time without notice: (i) move, change, or suspend any part of the Patient Portal; (ii) terminate your Membership Account or deny you with access to your Membership Account; or (iii) deny to you any offers or incentives available through the Patient Portal for any reason, including your failure to comply with this PHGI Agreement or a competent regulatory authority requires us to do so. You may terminate your membership at any time.
If PHGI terminates your Membership Account, such termination shall be effective upon PHGI sending notice to you at the email address you provide during registration for your Membership Account or other email address as you may subsequently provide to PHGI.
8. Availability. PHGI uses reasonable efforts to make the Patient Portal available 24 hours a day and seven days a week; however, there will be instances when the Patient Portal will be interrupted for maintenance, upgrades, or emergency repairs and due to other reasons that are beyond the control of PHGI, including failure of telecommunications lines, links, and equipment. While PHGI will make every reasonable effort in order to minimize such issues where they are within our reasonable control to do so, there may be instances where such a disruption might occur. In this respect, you agree that PHGI will not in any way be liable or responsible to you for any such modification, suspension, or disruption of the Patient Portal.
9. Conduct. You agree that you shall not (i) interfere with or disrupt (or attempt to interfere with or disrupt) the Patient Portal or servers or networks hosting or connected to the Patient Portal, or to disobey any requirements, procedures, policies, or regulations of networks connected to the Patient Portal; (ii) provide any information to PHGI that is false or misleading, that attempts to hide your identity, or that you do not have a right to disclose; (iii) attempt to resell the Patient Portal or any portion of it; or (iv) create a link to, or otherwise link over from your Web site or web page, to the Patient Portal, without prior written permission from PHGI.
10. Applicable Laws. You must use the Patient Portal in a manner consistent with any and all applicable laws and regulations.
11. Medical Advice and Information Disclaimer. The Patient Portal may from time to time include information posted by PHGI in the form of news, opinions, or general educational materials that, unless otherwise stated therein, should not be construed as specific medical advice or instruction from PHGI. Where PHGI posts such information provided by a third party, PHGI will make reasonable efforts to include a notice that such information is authored by a third party and not by PHGI. Regarding such third-party information, PHGI does not warrant, either expressly or by implication, the factual accuracy of the information posted, nor does it adopt any statement as its own, or warrant any information offered by the author of said information. Although PHGI believes all statements made to be reliable and accurate based upon representations made by the authors themselves, PHGI cannot guarantee that such statements are reliable and accurate and PHGI accepts no fault or liability for any error or omission with respect to such statements.
12. Disclaimer of Warranty. THE PATIENT PORTAL IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHGI SPECIFICALLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PATIENT PORTAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBILITY AS TO, OF, OR FOR: (I) YOUR USE OF THE PATIENT PORTAL, INCLUDING DAMAGES RESULTING OR ARISING FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN TRANSMISSION, ANY COMPUTER VIRUSES, INFECTIONS, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, COMMUNICATION LINE FAILURES, NON-DELIVERIES, MIS-DELIVERIES, THEFT, OR UNAUTHORIZED ACCESS OF INFORMATION OR ANY FAILURE OR PERFORMANCE OF THE PATIENT PORTAL; (II) ANY DENIAL OR RESTRICTION OF YOUR ACCESS TO THE PATIENT PORTAL IN ANY MANNER BY PHGI; OR (III) THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE PATIENT PORTAL. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PATIENT PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PATIENT PORTAL OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE PATIENT PORTAL. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
13. Patient Portal Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL PHGI HAVE ANY LIABILITY TO ANY MEMBER OR VISITOR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS OR LOST PROFITS IN CONNECTION WITH OR ENSUING FROM (I) THE USE OR INABILITY TO USE THE PATIENT PORTAL, (II) ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE PATIENT PORTAL, INCLUDING ANY OFFERS OR INCENTIVES REALIZED BY YOU THROUGH YOUR USE OF THE PATIENT PORTAL; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PATIENT PORTAL, (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATED TO THE PATIENT PORTAL OR ANY PHGI CONTENT OR INFORMATION PROVIDED ON THE WEB SITE OR PATIENT PORTAL, EVEN IF PHGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, THE MAXIMUM LIABILITY OF PHGI FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF THE PATIENT PORTAL SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
14. Indemnity. You understand and agree that you are personally responsible for your behavior in connection with the Patient Portal. You agree to indemnify, defend, and hold PHGI, its subsidiaries, affiliates, officers, agents, and other partners and employees and any third-party information or content providers to the Patient Portal, harmless from any loss, liability, claims, demands, damages and costs (including, but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, made by any third party, due to or arising out of (i) your use or misuse of the Patient Portal by you or any other person using your Membership Account, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of this PHGI Agreement; or (iii) any violation of any of the rights of any other third party.
General PHGI Agreement Terms
1. Governing Law and Jurisdiction. The PHGI Agreement, including, without limitation, the Web Site Terms and the Patient Portal Terms, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this PHGI Agreement or your use of the Web Site or Patient Portal shall be filed only in the state courts located in Philadelphia County in the Commonwealth of Pennsylvania or the federal courts located in Philadelphia County in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this PHGI Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
2. Entire Agreement; Order of Precedence; Waiver; Severability. Unless otherwise specified herein, the PHGI Agreement constitutes the entire agreement between you, as a Visitor or a Member, and PHGI with respect to the Web Site and the Patient Portal and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PHGI with regard to the Web Site and Patient Portal. To the extent of any conflict or ambiguity between the WEB SITE TERMS, the PATIENT PORTAL TERMS, any PHGI Policies, or any other terms and conditions as posted on the Web Site, the order of precedent shall be, as applicable: (i) the “PATIENT PORTAL TERMS”, (ii) the “WEB SITE TERMS”, (iii) the PHGI Policies, and (iv) the other terms and conditions as posted on the Web Site, and each of the aforementioned parts of the PHGI Agreement shall govern in such order, but solely to the extent of any conflict or ambiguity. PHGI's failure to enforce any right or provision in this PHGI Agreement shall not constitute a waiver of such right or provision. If any part of this PHGI Agreement is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
3. Comments. If you have any comments or questions about the PHGI Agreement, the Web Site, or the Patient Portal, please contact us by email at portalsupport@penngi.com or by telephone at 215-829-3561.
4. Other. This PHGI Agreement is accepted upon your use of the Web Site or Patient Portal, as applicable, and is further affirmed by you becoming a Member of the Patient Portal. The section titles in this PHGI Agreement are for convenience only and have no legal or contractual effect.
I HAVE READ THIS PHGI AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
COPYRIGHT POLICY
It is the policy of PHGI Associates, Ltd. and Washington Square Endoscopy Center, LLC (individually and collectively, as applicable, “PHGI,” “we,” “us,” or “our”) to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyright material where the copyright material is available at, or from, a system or network controlled or operated by or for PHGI.
1. Notification If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify PHGI pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by sending notice to the following Agent, who has been designated by PHGI to receive notifications of alleged copyright infringement:
General Counsel PHGI Associates, Inc. 230 West Washington Square 4th floor Philadelphia, PA 19106 Phone: 215-829-3561 Fax: 215-829-3020
Each notification of infringement must include the following: 1. a description of the allegedly infringed work in which copyright is claimed; 2. a description of the allegedly infringing material and information reasonably sufficient to permit PHGI to locate the material; 3. information sufficient for PHGI to contact you, including your name, address, telephone number and/or email address; 4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law; 5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and 6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.
2. Response
In response to each notification of infringement containing the information specified under the heading “Notification” above, PHGI or its Agent shall: 1. promptly remove or disable access to the material that is deemed infringing; 2. promptly provide written notification to the alleged infringer; and 3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.
3. Counter Notification
Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following: 1. identification of the material that has been removed or to which access has been disabled; 2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification; 3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which PHGI may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person. 4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.
4. Response to Counter Notification
In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, PHGI or its Agent shall: 1. promptly provide the complaining party with a copy of the Counter Notification; 2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days; 3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that PHGI’s or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on PHGI’s system or network.
NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f). Last updated: August 21, 2009
PRIVACY POLICY
The Privacy Policy below outlines the type of information PHGI Associates, Ltd. and Washington Square Endoscopy Center, LLC (individually and collectively, as applicable, “PHGI,” “we,” “us,” or “our”) collect and receive from you while you are within the Web Site and using the Patient Portal, as well as ways in which we process and, sometimes, share such information and how you can correct or change such information. PLEASE REVIEW THIS PRIVACY POLICY AND THE PHGI AGREEMENT CAREFULLY. YOUR USE OF THIS WEB SITE AS A VISITOR OR, IF APPLICABLE, YOUR REGISTRATION AS A “MEMBER” TO USE THE PATIENT PORTAL SIGNIFIES YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
1. How PHGI Collects “Personal Information”.
a. “Personal Information” you provide to us “Personally Identifiable Information” is any information that can be used to identify a specific individual, such as your name, email address, home address, and phone number. PHGI asks you to provide such personal data in various places throughout the Patient Portal.
In addition, we will ask that you to provide PHGI with additional “Non-Public Personal Information” about you, including, for example, age, weight, height, race, ethnicity, and marital status.
As part of your use of the Patient Portal, PHGI will also ask you to provide certain health information. This health information may be Non-Public Personal Information or Personally Identifiable Information and includes “Protected Health Information,” or “PHI.” PHGI’s collection and use of PHI is detailed more thoroughly in its standard “NOTICE OF PRIVACY PRACTICES” which is incorporated into this Privacy Policy. Collectively, “Personally Identifiable Information,” “Non-Public Personal Information,” and “Protected Health Information” are referred to herein as “Personal Information.”
Some of the areas where PHGI will collect information about you are listed below:
Member Registration: In order to use many of the Patient Portal’s features, tools, and services, we ask you to register to become a Member. During this member registration process, we will ask you for certain Personal Information, such as your name, date of birth, and email address.
Questionnaires: As a prospective or existing patient, PHGI may ask you to complete questionnaires, such as a personal medical history questionnaire. Such questionnaires will ask you for Personal Information such as allergies, medications, hospitalization history, prior diagnoses, surgical history, family history, and social history.
b. “Web Activity Information” gathered by PHGI and its third-party service providers
When you visit Web Site and Patient Portal and interact with the services and tools that reside there, PHGI may collect information on your actions at the Web Site or Patient Portal (“Web Activity Information”). In doing so, PHGI may utilize the services of certain third party service providers.
This type of Web Activity Information is generally collected from two sources. One is from the server log files and the other is from cookies.
IP Address
Your IP address is a number that is assigned by your ISP (Internet Patient Portal Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our Web Site and Patient Portal. We also sometimes use IP addresses to communicate with Members and possibly even ban those Visitor or Members who are not complying with our PHGI Agreement.
Cookies
Our Web Site and Patient Portal use a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site's server stores on your computer. PHGI can then read the cookies whenever you visit the Web Site or Patient Portal. We use cookies to save your password so you don't have to re-enter it each time you visit our site, to deliver content specific to your interests, and to track the pages you've visited. These cookies allow us to use the Web Activity Information we collect to customize your Web experience so that your visit to the Web Site or Patient Portal is as relevant and as valuable to you as possible.
You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies you may be unable to use that part of the Patient Portal that requires registration in order to participate or will have to sign in each time you visit PHGI.
2. Guidelines Regarding Children.
Personal information about children is a concern for all of us. At PHGI, we take the protection of children's privacy very seriously. PHGI does not encourage participation or visitation by children. Visitors who are known to be under the age of 18 are prohibited from becoming a Member.
3. How the Patient Portal Works and How PHGI uses the “Personal Information” it collects.
PHGI uses the Personal Information and Web Activity Information you provide for several purposes, such as to communicate with you and to give you a better experience when visiting the Patient Portal by personalizing tools, content, services and messages. PHGI also uses this Personal Information to build new services that PHGI believes are more relevant and valuable to you.
More specifically, when you register with PHGI and provide us with Personal Information you are able to edit that information. Much of this information may be voluntarily provided by you. You will have access to some of the Personal Health Information that reflects visits to our office. You may access this for treatment requests and as a reference for your personal health record.
In addition, the Non-Public Personal Information and Web Activity Information collected by PHGI is used to create aggregated portraits of the PHGI’s audience, portraits which present anonymous statistical demographic information, but no personal data or Personally Identifiable Information is linked to it. This aggregated information is used, among other things, to determine trends and needs. For example, a poll may be posted in the Portal to determine members interest in a new service.
4. Disclosure of “Personal Information” to Certain Third Parties.
PHGI does not sell or otherwise share any Personal Information with unaffiliated third parties without your prior consent, except in the following instances: (i) as required by applicable law or pursuant to a court or similar order; (ii) as deemed necessary, in PHGI's discretion, to protect the legal rights or the property of PHGI, a member or third party, or to prevent personal injury; and/or (iii) in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of PHGI or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings).
In addition, PHGI may provide Personal Information, typically Web Activity Information, to third parties who are providing technical or fulfillment services on behalf of PHGI when such disclosure is lawful and required in order to provide those services, provided that such third parties agree to be bound by PHGI's Privacy Policy.
In each of the limited and infrequent instances described above, you have provided your consent under the terms of this Privacy Policy for PHGI to share your Personal Information with the third parties that are described above.
5. PHGI’s Opt-Out Policy.
At any time, you can contact us at portalsupport@penngi.com to unsubscribe from the Patient Portal and opt-out of our right per your consent under the terms of this Privacy Policy to collect and use your Personal Information.
Notwithstanding anything else in this Privacy Policy, please note that PHGI always reserves the right to contact you in the event of a change in the PHGI Agreement, including this Privacy Policy, or to provide you with any Patient Portal related notices.
At any time, you can “opt-out” of the Patient Portal and request that PHGI remove from the Patient Portal any Membership Account or profile containing your Personal Information.
6. Links to other Sites.
The Web Site or Patient Portal may contain links to third-party Web sites that are not co-branded or affiliated with PHGI in any way. We cannot be responsible for the privacy practices or the content of such non-affiliated Web sites, and we do not control the practices of the operators of any third-party Web site.
7. Access and Correction. PHGI provides you with the ability to access, correct or change the Personal Information in your Membership Account at any time, including contact information or other information you've provided to us. However, you cannot currently change your member name although you may re-register and choose a new name. To review, modify, or delete your Personal Information after you have registered, please log in to the Patient Portal and select “Update your demographic information”. Please be advised that PHGI currently archives information it collects on its Members and Visitors.
8. How we protect and secure your “Personal Information”. The importance of security for all Personal Information associated with our Visitors and Members is of utmost concern to us.
First, to access Personal Information you’ve provided to us through the Patient Portal, one must use your password. We recommend that you do not share your password with anyone.
Second, we exercise reasonable care in providing secure transmission of your Personal Information from your PC to our servers and ensuring the security of your information on our systems. For example, the Patient Portal is hosted on server equipment owned and operated by PHGI (not a third party vendor). The Patient Portal is hosted on a secure Web server (HTTPS) and PHGI uses Secure Sockets Layer (SSL) encryption on all Web pages of the Patient Portal where Personal Information is collected. PHGI uses SSL encryption and otherwise exercises reasonable care in providing secure transmission of information from your personal computing device to our server equipment and ensuring the security of your information on our systems. To use the Patient Portal, you must use an SSL-enabled browser to protect the confidentiality of your Personal Information while it is transmitted over the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take steps to protect your information, PHGI can't ensure or warrant the security of any “Personal Information” you transmit to us or from our online products or services, and you do so entirely at your own risk.
9. Applicable Law. We control and operate the Web Site and Patient Portal from the United States. The Web Site and Patient Portal are not intended to subject us to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. Please note that we do not represent or warrant that the Web Site or Patient Portal are appropriate for use in any particular jurisdiction. Those who choose to access the Web Site or Patient Portal do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.
10. Changes to this Privacy Policy. We will notify our Members when we make any significant changes to this Privacy Policy that affect the use of any Personally Identifiable Information we collect. We will not make new use of any Personal Information which PHGI gathered from individual Members or Visitors prior to any such significant change in our Privacy Policy without first obtaining the Member's or Visitor's consent for any new uses.
PHGI reserves the right to make non-significant changes to our Privacy Policy that will not affect PHGI's use of a user's Personal Information at any time without any notice to you other than posting any such changes in a revised Privacy Policy on the Web Site or Patient Portal.
We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.
The Privacy Policy will include the most recent date in which any revision has been made. Please note that this Privacy Policy is also incorporated into the PHGI Agreement.
11. Contact Information. If you have questions about this Privacy Policy or anything else regarding our use or sharing of your Personal Information or information about the Web Site or Patient Portal, you can call PHGI at 215-829-3561 or at the following e-mail address portalsupport@penngi.com.
