ConsejoSano

Privacy Policy

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Welcome to Corporate Responsibility Partners, LLC's ("we" or "us") ConsejoSano website www.consejosano.com (the "Site"). This Privacy Policy (the "Policy") is designed to tell you about our practices regarding collection, use, disclosure, processing and storage of information that you may provide via the Site or through associated features, applications (mobile and otherwise), emails, content, downloads, devices, products or services (collectively, the "Services") that are operated by us.

By using the Services or by otherwise providing any personally identifiable information to us, you are consenting to the collection, use, disclosure, processing and storage of your personally identifiable information as set forth in this Policy. If you do not consent to the use of your personally identifiable information as described in this Policy, please do not provide any personally identifiable information to us.

The Effective Date of this Privacy Policy is set forth at the top of this page. Whenever possible, we will provide you with advance written notice of our changes to this Privacy Policy. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

Scope

This Policy includes any separate privacy notices and/or notices posted on particular pages of the Site or disclosures that may provide more detail regarding personal information we collect, why we need that information, and choices you may have about the ways we use that information.

If you sign up to use a special feature of the Services, you may be asked to expressly consent to special terms, for example, by affirmatively checking a box or clicking on a button marked, "I agree." This separate agreement will supplement or amend this Policy, but only with respect to the matters governed by such separate agreement.

If you are located outside of the United States, please note that any personal information collected through the Services may be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of the Services or submission of any personal information will therefore constitute your express consent to the collection, use, disclosure, processing and storage of your personal information outside of your home country.

Please be sure to read this entire Policy before submitting any information via the Services. We may update this Policy from time to time. We will also revise the "last updated" date at the top of this Policy. We encourage you to periodically review the Policy for updates.

Collection of personal information

"Personal information" refers to any information relating to an identified or identifiable individual who is the subject of the information. Personal information we collect at registration includes, for example, an individual's name, address, e-mail address, phone number, age and/or age range (you must be 18 years of age or older), social security number, or any other information that permits the physical or online contacting of a specific individual. We may also collect a user name and password. In addition, we may collect information relating to a user’s device including usage, condition, location, and IP address. We only collect the personal information that is necessary to provide the information or services requested by you. We may also collect statistical information that helps us understand how people are using the Services. This information collected is not associated with any specific individual and no attempt is made to profile individuals who use the Services. We may analyze server logs for statistical purposes. We may employ Google Analytics, for example, to analyze how users are utilizing the Services.

It is not our policy to permit third parties to collect personal information about your online activities over time and across sites (behavioral tracking) when you use the Services.

Certain Personal Information, such as information about personal health or finances, is characterized as sensitive and subject to stricter regulation than other personal information. Before providing it to us, we urge you to carefully consider whether to disclose your sensitive Personal Information. If you do provide sensitive Personal Information to us, you consent to its use and disclosure for the purposes and in the manner described in this Privacy Policy and in our Notice of Privacy Practices.

Note that Corporate Responsibility Partners, LLC does not collect any of your medical data during the registration process. However, we will connect you to Salud Interactiva S.A. de C.V. in Mexico ("SI") and any of SI’s authorized vendors or representatives for the purposes of answering health-related questions. Please understand that medical data collected may include conditions, symptoms, allergies, medications, routine test results, immunizations, medical education and instructions. Some of this information may include references to mental health, alcohol, drug abuse, sexually transmitted infections including HIV or AIDS and/or results for developmental disabilities or genetic testing. You may also add optional health information to your own personal profile.

Use of information

We use information to respond appropriately to requests. This may be to respond directly to you or to improve the Services. We use personal information only in ways that are compatible with and relevant to the purposes for which it was collected or as we subsequently notify you unless such other use is authorized by you or required by applicable law. The personal information we collect allows us to keep you posted on our latest announcements, updates, and events. It also helps us to improve our services and content. From time to time, we may use your personal information to send important notices to you. We may also use personal information for internal purposes such as auditing, data analysis, and research.

The use of any personal information, including any medical information, by SI and/or any SI authorized vendors or representatives is limited to the purposes of answering health-related questions, obtaining medical advice, and receiving diagnosis and/or treatment.

  • Disclosure of information to third parties

    At times, we may make certain personal information available to affiliates, strategic partners or service providers that work with us, or that help us operate the Services. We do not currently share personal information with third parties for their own marketing purposes.

  • To perform services

    We may disclose Personal Information to third parties in order to perform services requested or functions initiated by users, such as to the doctors who will provide the users with telephone consultations. In addition, we may disclose Personal Information in order to identify a user in connection with communications sent through the Services. SI may share personal information, including health or medical information, with authorized doctors and other health care professionals.

Others

It may be necessary by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence for us to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a company re-organization, sale or merger, we may transfer any and all personal information we collect to the relevant third party or third parties as applicable.

Cookies and other technologies

We may use cookies and other technologies such as pixel tags and web beacons to keep track of and store information so the user does not have to supply the information multiple times. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Policy. You can configure your web browser to refuse cookies or to notify you when a web site attempts to send you a cookie. You can also check your hard drive for cookie files and delete them from your computer. Please note, however, that if you do turn off cookies, the Services may not work as intended and may lose some functionality.

We may gather some information automatically and store it in log files. This information can include Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

We do not currently collect, and it is not our policy to permit third parties to collect "targeted" cookies (persistent identifiers tracking users across different sites and services) for purposes of advertising. In addition, we do not currently respond to "Do Not Track (DNT)" browser signals.

Security

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality, integrity and security of personal information you submit on or through the Services.

Link to other sites

Via the Services, we may provide links to other web sites. We are not responsible for the content or privacy practices of third party sites and suggest that you review their privacy statements.

Privacy of children

The Services are not designed nor intended to collect personal information from children under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. We do not use such information, and will take reasonable measures to delete it if we discover that it is has been provided. The Services are not child-directed in whole or in part. We do not target children under the age of 13 as a primary or secondary audience.

Access

You have the right to access your personal information stored with us to ensure that it is accurate, complete and current. Upon request, we will grant you reasonable access, except where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of other persons would be violated. In addition, we will take reasonable steps to correct, amend or delete information that you can independently demonstrate is inaccurate or incomplete.

You may withdraw your consent to the collection, use and transfer of your personal information. However, please note that, by withdrawing your consent, it may be impossible for us to continue to provide you with certain services.

Storage

We retain personal information collected under this Policy for as long as there is a business need for it in accordance with applicable record retention policies and a range of legal and regulatory recordkeeping requirements.

Privacy questions

If you have any questions or concerns about this Policy or would like information on how to access or update your data, or information on how to opt out of or unsubscribe to future mailings, please contact us at legal@consejosano.com.

For more information regarding the privacy practices of SI, please review its Privacy Policy at http://www.salud-interactiva.com/Legales/PrivacidadSI.pdf.

terms & conditions

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Effective January 2016

1. Acceptance of Terms and Conditions of Use

Welcome to Corporate Responsibility Partners, LLC's ("CRP" "we" or "us") ConsejoSano website www.consejosano.com (the "Site"). By accessing the Site or associated features, applications (mobile and otherwise), emails, content, downloads, devices, products or services (the "Apps", and together with the Site, the "Services"), you agree to be bound by these terms and conditions of use (these "Terms") and all applicable federal, state, and local laws and regulations. If you do not agree to be bound by these Terms, you are prohibited from accessing the Services. These Terms may change. If we revise and update these Terms, your continued use of the Services will mean that you accept those changes. We suggest you periodically check these Terms to see if they have been updated. If you do not accept such changes, you are prohibited from continuing to use the Services. Please read these Terms and Conditions carefully before you start to use the service.

2. Privacy Policy

Our Privacy Policy (the "Policy") describes how we handle your personal, confidential information when you use the Site. The Policy is part of and is incorporated into these Terms.

3. No Physician-Patient Relationship

Through the Services, we provide users with online access to health and wellness information from health care professionals and others. Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words in connection with the Services, including in these Terms, we mean your personal, treating doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the United States. You understand and agree that CRP does not collect any of your medical data during the registration process, however, we may connect you to Salud Interactiva S.A. de C.V. in Mexico ("SI") and any of SI’s authorized vendors or representatives for the purposes of answering health-related questions or obtaining medical advice. You further understand that medical data collected by SI may include conditions, symptoms, allergies, medications, routine test results, immunizations, medical education and instructions. Some of this information may include references to mental health, alcohol, drug abuse, sexually transmitted infections including HIV or AIDS and/or results for developmental disabilities or genetic testing. You may also add optional health information to your own personal profile. NEITHER WE NOR ANY OF THE LICENSED DOCTORS FROM MEXICO AND/OR THE UNITED STATES (THE "HEALTH CARE PROFESSIONALS" OR THE "HCPS") TO WHOM WE CONNECT YOU ARE "YOUR" PHYSICIAN OR HEALTHCARE PROVIDER. CRP DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS OF ANY KIND. ALL INFORMATION PROVIDED VIA THE SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY US, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN ANY HCPS AND USERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY US OR ANY HCP IS SOLELY AT YOUR OWN RISK.

Whenever you (i) want personal medical advice, treatment, or diagnosis or (ii) are seeking a prescription, you should contact your physician or professional healthcare provider and see them in person. Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet. You should always use common sense when making health decisions, and they should be made in consultation with your doctor. We do not and cannot make decisions for you. What we can do is help you find good health information and advice. We do not practice medicine, but the HCPs can be a resource for reliable, relevant general health information.

ALWAYS:

  • SEEK THE ADVICE OF YOUR PHYSICIAN OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
  • NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN THROUGH THE SERVICES.
  • CALL 911 OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.

You understand that the services that we offer are not health insurance or a substitute for health insurance and you agree not to use the services as health insurance. Out of pocket fees and costs associated with the services may not qualify for insurance, HSA or any similar reimbursement.

You agree to the entry of your medical records into the SI computer database for processing and storage. You agree that the services provided may involve the communication of your medical record to doctors and other health care professionals located outside of your state.

4. License Grant; Intellectual Property

When you use the Services, you do so under a license from us. Your license to use the Services is personal, revocable, non-assignable, and nonexclusive. This means that you may not use the Services for any commercial purpose, that we can take away your right to use the Services, and that you cannot give this license away to someone else. All right, title and interest in and to Services, together with all intellectual property rights embodied therein are the property of the us or our affiliates.

We have obtained or applied for various trademarks and service marks. ConsejoSano, the ConsejoSano logo, other ConsejoSano trademarks and service marks and other ConsejoSano logos and product and service names are our trademarks ("ConsejoSano Marks"). If you would like to use or display any ConsejoSano Marks, you must ask our permission. Without our prior written permission, you agree not to display or use in any manner the ConsejoSano Marks.

You agree not to infringe our copyrights, trademarks, trade secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content (defined below). You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Services as they are designed and intended to be used, including using features which allow you to re-post Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook, YouTube, Twitter, and blogs, etc., so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content.

5. Passwords

You are responsible for safeguarding any password that you use to access the Site. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. Please immediately notify us of any unauthorized use of your password or account. We are not responsible for any loss or damage that arises from your failure to comply with this section.

6. Content

You should assume that everything that you read or see via the Services, including all files, images, text, software, and data (collectively, the "Content"), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such Content. Unless otherwise expressly noted, the Content may not be copied or used except as provided in these Terms or with our prior written approval.

All Content not originating with us is provided for your interest and convenience only, and we do not endorse such Content nor the third parties (including the HCPs) who supply it, nor do we warrant or represent that such Content is current, accurate, complete or reliable. You understand that you may be exposed to Content that that you might consider offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any Content or any loss or damage of any kind incurred as a result of your use or reliance on such Content.

7. Your Use of the Site

You may only use the Site in a manner consistent with any and all applicable laws, rules and regulations. You may not upload or transmit to or through the Services any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Services is strictly prohibited. You will not hack into or otherwise gain unauthorized access to the Services, our computer systems, or the computer systems of other users of the Services. You will not engage in any data mining in connection with the Services. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.

You may not upload or transmit to or through the Services any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule. You may not upload, email, post or transmit to, or distribute or otherwise publish through the Services any material which disrupts the normal operation of the Services.

You must be at least eighteen (18) years of age to open an account with us.

8. Links to Third Party Sites

Through the Services, we may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.

9. Linking to the Site

We do not object to you linking directly to the information that is hosted on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. We may withdraw linking permission without notice.

10. User Registration

To obtain access to the Services, you will be required to complete a registration. You must provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, AND IMPLIED WARRANTIES, WHICH IMPLIED WARRANTIES SHALL INCLUDE BUT NOT BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SITE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SERVICES; AND (III) DAMAGE TO YOUR HARDWARE RESULTING FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

HCPS PROVIDING INFORMATION (THE "HCP INFORMATION") ARE SOLELY RESPONSIBLE FOR THE HCP INFORMATION. NEITHER WE NOR THE HCPS MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY HCP INFORMATION REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTION, OR APPLICATION OF MEDICATION. UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE HCP INFORMATION OR THE SERVICES, WILL THE HCPS OR SUCH HCP'S EMPLOYER OR SPONSOR BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR HARM–INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE HCP (AND SUCH HCP'S EMPLOYER AND/OR SPONSOR) SHALL HAVE ANY LIABILITY IN CONNECTION WITH THE SERVICES FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY THE HCP'S ACTIONS, OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING THE HCP INFORMATION; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN SUCH INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION. THIS MEANS YOU SHOULD NOT RELY ON THE HCP INFORMATION OR MAKE MEDICAL OR OTHER IMPORTANT DECISIONS BASED ON IT, AND IT ALSO MEANS THAT NEITHER WE NOR THE HCP ARE RESPONSIBLE FOR WHAT YOU DO OR DON'T DO WITH THE HCP INFORMATION. FOR MEDICAL ADVICE, TREATMENT OR DIAGNOSIS, SEE YOUR PERSONAL PHYSICIAN OR EXPERT HEALTHCARE PROVIDER.

NEITHER WE NOR ANY HCP ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY YOUR USE OR MISUSE OF THE CONTENT (INCLUDING THE HCP INFORMATION). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE THE SERVICES OR ANY CONTENT (INCLUDING THE HCP INFORMATION) MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.

13. Indemnification

You shall defend, indemnify, and hold harmless (i) us and our employees, contractors, officers and directors and (ii) the HCPs, from all liabilities, damages, expenses, and other losses, including attorney’s fees, that are based on claims arising from (i) your use or misuse of the Services and/or the Content; (ii) your breach of these Terms; or (iii) your breach of any law or the rights of a third party. We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, you will cooperate with us in asserting any available defenses.

14. Choice of Law

The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site or the Content shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of California and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.

15. Integration and Severability

The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Services. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

16. Waiver

Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

17. Termination

We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.

privacy practices

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THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU
MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions about this Notice, please contact ConsejoSano at legal@consejosano.com or calling our toll free number (855) 422-0234. If you are having a medical emergency and you need an ambulance or a paramedic, please hang up and dial 911. Do not consult ConsejoSano in the event of an emergency.
ConsejoSano services are not intended, nor should they be understood, to replace your relationship with your treating physician(s). ConsejoSano representatives live in Mexico, do not hold U.S. licenses, and only act as health counselors.

WHO WILL FOLLOW THIS NOTICE

This Notice describes ConsejoSano’s privacy practices.

OUR PLEDGE REGARDING MEDICAL INFORMATION

We understand that confidential medical information about you and your health is personal. We are committed to protecting medical information about you. We create a record of the health information you receive. We need this record to facilitate your care and to comply with certain legal requirements. Your treating physician(s) may have different policies or notices regarding their uses and disclosures of your medical information created in your treating physician(s) office or clinic.
This Notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.

We are required by law to:

  • Make sure that medical information that identifies you is kept private (with certain exceptions);
  • Give you this Notice of our legal duties and privacy practices with respect to medical information about you; and
  • Follow the terms of the Notice that is currently in effect.

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

DISCLOSURE AT YOUR REQUEST

We may disclose information when requested by you. This disclosure at your request may require a written authorization from you.

FOR TREATMENT

We may use medical information about you to offer general health information. We may disclose medical information about you to your treating physicians, nurses, or other personnel involved in your care. For example, we may disclose to your treating physician if you are having symptoms related to diabetes.

FOR PAYMENT

We may use and disclose medical information about you so that the treatment and services you receive may be billed and payment may be collected from you, your employer, an insurance company or a third party. For example, we may need information about your call with us so that you, your employer or insurer will pay us for the services we provide.

FOR HEALTH CARE OPERATIONS

We may use and disclose medical information about you for health care operations. These uses and disclosures are necessary for ConsejoSano’s operations. For example, we may use medical information to review our services and to evaluate the performance of our staff in caring for you.

TO CONTACT YOU

We may use the information you provide to contact you regarding customer satisfaction or on-going engagement with our services. We may contact you by email, SMS text message, direct mail, or phone call, unless you instruct us to not contact you by any of these methods. In all instances, we will make reasonable efforts to maintain the privacy of your information.

FUNDRAISING, We may use information about you, or disclose such information in an effort to raise money for our operations. You have the right to opt out of receiving fundraising communications. If you receive a fundraising communication, it will tell you how to opt out.

MARKETING AND SALE

Most uses and disclosures of medical information for marketing purposes, and disclosures that constitute a sale of medical information, require your authorization.

TO INDIVIDUALS INVOLVED IN YOUR CARE OR PAYMENT FOR YOUR CARE

Unless there is a specific written request from you to the contrary, we may release medical information about you to a friend or family member who is involved in your medical care. We may also give information to someone who helps pay for your care.

In addition, we may disclose medical information about you to an organization assisting in a disaster relief effort so that your family can be notified about your condition, status and location.

FOR RESEARCH

Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health outcomes of patients who adhered to certain protocols or made use of services as opposed to those who did not.

AS REQUIRED BY LAW

We will disclose medical information about you when required to do so by federal, state or local law.

TO AVERT A SERIOUS THREAT TO HEALTH OR SAFETY

We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.

SPECIAL SITUATIONS

ORGAN AND TISSUE DONATION

We may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.

MILITARY AND VETERANS

If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.

WORKERS’ COMPENSATION

We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

PUBLIC HEALTH ACTIVITIES

We may disclose medical information about you for public health activities. These activities generally include the following:


  • To prevent or control disease, injury or disability;
  • To report births and deaths;
  • To report regarding the abuse or neglect of children, elders and dependent adults;
  • To report reactions to medications or problems with products;
  • To notify people of recalls of products they may be using;
  • To notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
  • To notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law;
  • To notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws.

HEALTH OVERSIGHT ACTIVITIES

We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.

LAWSUITS AND DISPUTES

If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you 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 the information requested.

LAW ENFORCEMENT

We may release medical information if asked to do so by a law enforcement official:


  • In response to a court order, subpoena, warrant, summons or similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
  • About a death we believe may be the result of criminal conduct;
  • About criminal conduct at the hospital; and
  • In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

CORONERS, MEDICAL EXAMINERS AND FUNERAL DIRECTORS

We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death.

We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties.

NATIONAL SECURITY AND INTELLIGENCE ACTIVITIES

We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

PROTECTIVE SERVICES FOR THE PRESIDENT AND OTHERS

We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.

INMATES

If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may disclose medical information about you to the correctional institution or law enforcement official. This disclosure would be necessary 1) for the institution to provide you with health care; 2) to protect your health and safety or the health and safety of others; or 3) for the safety and security of the correctional institution.

MULTIDISCIPLINARY PERSONNEL TEAMS

We may disclose health information to a multidisciplinary personnel team relevant to the prevention, identification, management or treatment of an abused child and the child’s parents, or elder abuse and neglect.

SPECIAL CATEGORIES OF INFORMATION

In some circumstances, your health information may be subject to restrictions that may limit or preclude some uses or disclosures described in this Notice. For example, there are special restrictions on the use or disclosure of certain categories of information — e.g., tests for HIV or treatment for mental health conditions or alcohol and drug abuse. Government health benefit programs, such as Medi-Cal, may also limit the disclosure of beneficiary information for purposes unrelated to the program.

YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU

You have the following rights regarding medical information we maintain about you.

RIGHT TO INSPECT AND COPY

You have the right to inspect and obtain a copy of medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but may not include some mental health information. To inspect and obtain a copy of medical information that may be used to make decisions about you, you must submit your request in writing to legal@consejosano.com; or calling our toll free number (855) 422-0234. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.

We may deny your request to inspect and obtain a copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. A licensed health care professional chosen by us will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

RIGHT TO AMEND

If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for us.

To request an amendment, your request must be made in writing and submitted to legal@consejosano.com; or calling our toll free number (855) 422-0234. In addition, you must provide a reason that supports your request.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:

  • Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
  • Is not part of the medical information kept by or for us;
  • Is not part of the information which you would be permitted to inspect and copy; or
  • Is accurate and complete.

Even if we deny your request for amendment, you have the right to submit a written addendum, not to exceed 250 words, with respect to any item or statement in your record you believe is incomplete or incorrect. If you clearly indicate in writing that you want the addendum to be made part of your medical record we will attach it to your records and include it whenever we make a disclosure of the item or statement you believe to be incomplete or incorrect.

RIGHT TO AN ACCOUNTING OF DISCLOSURES e

You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of medical information about you other than our own uses for treatment, payment and health care operations (as those functions are described above), and with other exceptions pursuant to the law.

To request this list or accounting of disclosures, you must submit your request in writing to legal@consejosano.com; or calling our toll free number (855) 422-0234. Your request must state a time period which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. In addition, we will notify you as required by law following a breach of your unsecured protected health information.

RIGHT TO REQUEST RESTRICTIONS

You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had.

We are not required to agree to your request, except to the extent that you request us to restrict disclosure to a health plan or insurer for payment or health care operations purposes if you, or someone else on your behalf (other than the health plan or insurer), has paid for the item or service out of pocket in full. Even if you request this special restriction, we can disclose the information to a health plan or insurer for purposes of treating you.

If we agree to another special restriction, we will comply with your request unless the information is needed to provide you emergency treatment.

To request restrictions, you must make your request in writing to legal @consejosano.com; or calling our toll free number (855) 422-0234. In your request, you must tell us 1) what information you want to limit; 2) whether you want to limit our use, disclosure or both; and 3) to whom you want the limits to apply, for example, disclosures to your spouse.

RIGHT TO REQUEST CONFIDENTIAL COMMUNICATIONS

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 can ask that we only contact you at home or by telephone.

To request confidential communications, you must make your request in writing to legal@consejosano.com; or calling our toll free number (855) 422-0234. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

RIGHT TO A PAPER COPY OF THIS NOTICE

You have the right to a paper copy of this Notice. You may ask us to give you a copy of this Notice at any time. Even if you have agreed to receive this Notice electronically, you are still entitled to a paper copy of this notice.

To obtain a paper copy of this Notice, please contact us at legal@consejosano.com; or calling our toll free number (855) 422-0234.

CHANGES TO THIS NOTICE

We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for medical information we already have about you as well as any information we receive in the future. The Notice will contain the effective date on the first page, in the top right-hand corner. In addition, each time you use our services, we will offer you a copy of the current Notice in effect.

COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with us, contact us at legal@consejosano.com; or calling our toll free number (855) 422-0234. All complaints must be submitted in writing.
You will not be penalized for filing a complaint.

OTHER USES OF MEDICAL INFORMATION

Other uses and disclosures of medical information not covered by this Notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, this will stop any further use or disclosure of your medical information for the purposes covered by your written authorization, except if we have already acted in reliance on your permission. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.

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