Terms and Conditions

Program Administrator: DialCare, LLC ("DialCare")

7400 Gaylord Parkway, Frisco, TX 75034

To add a family member to your plan or for assistance using your plan, please call Member Services at (855)335-2255.

Terms and Conditions: These Terms and Conditions are part of the membership agreement (Agreement) between you and DialCare, LLC ("DialCare"). DialCare provides administrative services to DialCare mental health professionals and does not provide professional medical or behavioral health services. The Terms and Conditions define the obligations of DialCare, its authorized agents and yourself, and they establish the basic rules of safe and fair use of DialCare's public website, member website, and services (Services). DialCare and its authorized agents reserve the right to immediately and without advance notice terminate the Services and deny access to individuals who do not abide by the Terms and Conditions.

Use of DialCare for Health Care Services: DialCare's telemedicine consults are provided by independent mental health professionals who are dedicated to the safe and effective, evidence-based practice of telemedicine. You choose to enter into a mental health professional-patient relationship with DialCare's physicians because your primary care physician is not available. You acknowledge that your mental health professional-patient relationship with a DialCare physician does not replace your relationship with your primary care physician. You agree to pay for telemedicine consults at the time you request a consultation, unless payment arrangements have been made through your employer, association, or another entity. You agree to have your medical history and other diagnostic and medical documentation reviewed by one of DialCare's mental health professionals.

You acknowledge that DialCare's mental health professionals may choose not to treat your condition or prescribe a medication for your condition. DialCare's mental health professionals do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse. You agree to accurately represent your location city and state when requesting a clinical consult.

Using the Services signifies your acceptance of the DialCare Terms and Conditions and Privacy Policy. If you do not accept the DialCare Terms and Conditions and Privacy Policy, you should not use the Services. If DialCare changes the Terms and Conditions or Privacy Policy, they will post those changes prominently on the DialCare website at www.dialcare.com. Your continued use of the Services following the posting of changes to these terms signifies your acceptance of those changes. Changes to the Terms and Conditions and Privacy Policy will become effective immediately upon posting and shall supersede all prior versions of the Terms and Conditions and Privacy Policy unless otherwise noted.

Limitations, Exclusions & Exceptions: This plan is a telemedicine program offered by DialCare. DialCare is not a licensed insurer, health maintenance organization or other underwriter of health care services. This plan is not insurance. DialCare is not licensed to provide and does not provide health care services or items to individuals. Telemedicine consultations are provided by physician entities and behavioral health entities that are contracted with DialCare. Physicians and behavioral health professionals contracted by DialCare are solely responsible for the professional advice and treatment rendered to members and DialCare disclaims any liability with respect to such matters. DialCare may not be available in all states, and certain methods of telemedicine consultations (e.g., phone, video) may not be available per state law. Consultation times are not guaranteed. Telemedicine consultations are not appropriate for emergencies or other medical issues requiring in-person care. You must immediately dial "911" or seek in-person treatment in the event of a medical emergency, or if instructed to do so by a DialCare mental health professional. DialCare reserves the right to deny care for potential misuse of services. You are obligated to pay for all health care services resulting from consultations. Services and service providers may change or be discontinued at any time with notice as required by law.

You understand that your account may not be available at all times due to unanticipated system failures, back-up procedures, maintenance, or other causes beyond the control of DialCare or its authorized vendors and agents. Access is provided on an "as-is, as-available" basis and DialCare or its authorized vendors and agents do not guarantee that you will be able to access your account or receive Services at all times. Services are provided without representations or warranties of any kind, either express or implied. DialCare does not warrant accuracy, completeness or timeliness of the services or the content of the DialCare site. You understand that DialCare or its authorized vendors and agents take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or your Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that you use to access your account.

Obligations: DialCare grants you a non-transferable license, subject to the terms of this Agreement, to use DialCare Services. In order to be valid, your account must contain certain required true, correct and verifiable information about your identity and medical history. In order to maintain access to DialCare services, and in order for DialCare to provide you important information regarding your medical or behavioral health treatment and health, it is your responsibility to update your personal account information and to notify DialCare of any changes in your home address, e-mail address, telephone number, guardian, or emergency contact. Your failure to do so may result in interruption of the Services or impairment of DialCare's ability to deliver important time-sensitive information about your medical condition, medications, and laboratory and diagnostic test results. You may update your personal information by accessing your account through the DialCare Website and logging in with your username and password.

It is your duty to be truthful and accurate with all the information you enter into or upload to the system. You understand that any misstatements or misrepresentations about a patient's condition may result in serious harm to that patient. The documentation of consultations will be maintained in your account. You may also use your account to upload relevant medical information pertaining to your current health, medical condition and health history. While your account with DialCare is active and in good standing, you will have unlimited access to the information stored in your account. You are advised to immediately contact DialCare if you disagree with or do not understand the contents of the consultation report or the instructions issued by the treating DialCare mental health professional.

You understand that it is extremely important that you keep your password to access DialCare completely confidential. If at any time you feel that the confidentiality of your password has been compromised, you will change it by going to the Password link on the DialCare website. You understand that DialCare and their authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of your account or health information resulting from your sharing or losing your password. You also agree not to attempt or facilitate an attempt to attack or undermine the security or the integrity of the systems or networks of DialCare, the software provider or any of its authorized agents or affiliates. If DialCare, or their authorized vendors and agents, discovers that you have inappropriately shared your password with another person, or that you have misused or abused your online access privileges in any way, your use of the Services may be discontinued without prior notice.

When receiving a consultation, your environment should ensure privacy. You should be easily heard and visible (for video consultations). Your camera must be placed on a secure, stable platform to avoid wobbling and shaking during the videoconferencing session. Any device you use for a consultation shall have up-to-date antivirus software and shall have the latest security patches and updates applied to the operating system and any 3rd party applications.

If you are a legal guardian or a parent of a child under age 18, you accept this Agreement on their behalf. You agree not to falsify or misrepresent your identity or your authority to act on behalf of another person. Patients under the age of 18 may only use the Services at the discretion of their parent or guardian.

You understand that DialCare mental health professionals or staff may send you messages. These messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages. By entering your valid and functional email address and mobile phone number, you authorize DialCare to notify you of messages sent to your DialCare Inbox. You understand that contents of any message may be stored in your account. You agree that all communication will be in regard to your own health condition(s). You understand that asking for advice on behalf of another person violates the Terms and Conditions. DialCare and its mental health professionals do not assume any responsibility for health information or services used by persons other than you.

Indemnification: You agree not to hold DialCare or its authorized vendors and agents liable for any loss, injury or claims of any kind resulting from your violation of the Terms and Conditions or your failure to read DialCare messages in a timely manner, provide complete and accurate information, follow any treatment recommendations, or follow-up with additional medical care as recommended by your treating mental health professional. DialCare does not make any guarantees about the results of a consult or any representations or warranties about the training or skill of any mental health professionals who provide consultations via the Services.

You agree to defend, indemnify and hold harmless DialCare and its affiliates and each of their officers, directors, employees, agents, and representatives, from and against any and all claims and demands of every kind and nature asserted by a third party, whether groundless or otherwise, including, but not limited to, any and all actions, causes of action, suits, judgments, controversies, losses, damages, costs, liens, charges, court costs, reasonable attorney's fees, payments, penalties, liabilities and expenses, occasioned by, resulting from, arising out of, related to, or in connection with any act or omission by you, including, but not limited to, your failure to comply with these Terms and Conditions.

Limitation of Liability: EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:

DIALCARE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE CLINICIANS.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PARTIES AND THEIR SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. DIALCARE DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG-DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF THE PARTIES AND THEIR SUPPLIERS. ACCORDINGLY, DIALCARE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.

IN NO EVENT SHALL DIALCARE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIALCARE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A PARTY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT DIALCARE'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS, INDEMNIFICATIONS OR RELEASES.

Dispute Resolution: DialCare customer service will work diligently to resolve all issues with the Services. You agree that all disputes related to the Services and use of or access to the platform will be governed by the laws of the state of Texas, without regard to its conflicts of laws rules and all claims shall be brought exclusively in the state or federal courts in Collin County, Texas. You waive any objections to jurisdiction or venue.

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

Complaint Procedure: If you would like to file a complaint, you must submit your complaint in writing to: DialCare, P.O. Box 2568, Frisco, TX 75034. Complaints about physicians, counselors or therapists should be directed to the state regulatory body where that individual is licensed. A list of all state medical boards is included here: https://www.fsmb.org/contact-a-state-medical-board/

NOTICE CONCERNING COMPLAINTS, Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us. AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

General: You understand that from time to time you may be asked to complete subscriber satisfaction surveys. DialCare or its software provider, vendors and agents may analyze information submitted via these surveys as part of descriptive (demographic) studies and reports. In such cases all of your personal identifying information will be removed.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

You understand that no delay or omission in exercising any right or remedy identified herein shall constitute a waiver of such right or remedy, and shall not be construed as a bar to or a waiver of any such right or remedy on any other occasion.

DialCare and its authorized agents and you agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under this Agreement.

HIPAA PRIVACY NOTICE

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.

INTRODUCTION

This Privacy Notice is being provided to you by DialCare[1] as that entity may be formed and incorporated in your state, and the employees and practitioners that work at such practice (collectively referred to herein as "We" or "Our"). We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of "protected health information." "Protected health information" or "PHI" includes any individually identifiable information that we obtain from you or others that relates to your past, present or future physical or mental health, the health care you have received, or payment for your health care. We will share protected health information with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered.

As required by law, this notice provides you with information about your rights and our legal duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures we will make of your PHI. We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all PHI we maintain. You can always request a written copy of our most current privacy notice from [email protected] or you can access it on our website at www.dialcare.com.

PERMITTED USES AND DISCLOSURES

We can use or disclose your PHI for purposes of treatment, payment and health care operations. For each of these categories of uses and disclosures, we have provided a description and an example below. However, not every particular use or disclosure in every category will be listed.

Treatment means the provision, coordination or management of your health care, including consultations between health care providers relating to your care and referrals for health care from one health care provider to another. For example, a doctor treating you for a potential fracture may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to recommend a physical therapist to create the exercise regimen appropriate for your treatment.

Payment means the activities we undertake to obtain reimbursement for the health care provided to you, including billing, collections, claims management, determinations of eligibility and coverage and other utilization review activities. For example, we may need to provide PHI to your Third Party Payor, if applicable, to determine whether the proposed course of treatment will be covered or if necessary to obtain payment. Federal or state law may require us to obtain a written release from you prior to disclosing certain specially protected PHI for payment purposes, and we will ask you to sign a release when necessary under applicable law.

Health care operations means the support functions of the Providers, related to treatment and payment, such as quality assurance activities, case management, receiving and responding to patient comments and complaints, mental health professional reviews, compliance programs, audits, business planning, development, management and administrative activities. For example, we may use your PHI to evaluate the performance of our staff when caring for you. We may also combine PHI about many patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose PHI for review and learning purposes. In addition, we may remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.

OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

We may also use your PHI in the following ways:

_______________________________

[1] Medical Services are provided, where applicable, by DialCare Group, PLLC, a Texas professional limited liability company, DialCare Group Alaska, P.C., an Alaskan professional corporation, DialCare Group California, P.C., a California professional corporation, DialCare Group Massachusetts, PLLC, a Massachusetts professional limited liability company, DialCare Group Michigan, PLLC, a Michigan professional limited liability company, DialCare Physician New York, PLLC, a New York professional limited liability company, DialCare Group North Carolina, PLLC, a North Carolina professional limited liability company, DialCare Group West Virginia, PLLC, a West Virginia professional limited liability company, and DialCare Group New Jersey, P.C., a New Jersey professional corporation. Behavioral Health Services are provided, where applicable, by DialCare Mental Wellness, PLLC, a Texas professional limited liability company, DialCare Group California, P.C., a California professional corporation, and DialCare Mental Wellness, P.C., an Alaska professional corporation.

To provide appointment reminders for treatment or medical care.

To tell you about or recommend possible treatment alternatives or other health-related benefits and services that may be of interest to you.

To your family or friends or any other individual identified by you to the extent directly related to such person's involvement in your care or the payment for your care. We may use or disclose your PHI to notify, or assist in the notification of, a family member, a personal representative, or another person responsible for your care, of your location, general condition or death. If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object. If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, taking into account the circumstances and based upon our professional judgment.

When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.

We will allow your family and friends to act on your behalf to pick-up filled prescriptions, medical supplies, X-rays, and similar forms of PHI, when we determine, in our professional judgment, that it is in your best interest to make such disclosures.

We may use or disclose your PHI for research purposes, subject to the requirements of applicable law. For example, a research project may involve comparisons of the health and recovery of all patients who received a particular medication. All research projects are subject to a special approval process which balances research needs with a patient's need for privacy. When required, we will obtain a written authorization from you prior to using your health information for research.

In certain cases, we will provide your information to contractors, agents and other parties who need the information in order to perform a service for us, including, without limitation, DialCare, LLC, such as obtaining payment for health care services or carrying out business operations. Another example is that we may share your information with an insurance company, law firm or risk management organization in order to maintain professional advice about how to manage risk and legal liability, including insurance or legal claims. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

We will use or disclose PHI about you when required to do so by applicable law.

In accordance with applicable law, we may disclose your PHI to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury. You will be notified of these disclosures by your employer or the Provider as required by applicable law.

Note: incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of your rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited in nature and cannot be reasonably prevented.

SPECIAL SITUATIONS

Subject to the requirements of applicable law, we will make the following uses and disclosures of your PHI:

Organ and Tissue Donation. If you are an organ donor, we may release PHI to organizations that handle organ procurement or transplantation 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 PHI about you as required by military command authorities. We may also release PHI about foreign military personnel to the appropriate foreign military authority.

Worker's Compensation. We may release PHI about you for programs that provide benefits for work-related injuries or illnesses.

Public Health Activities. We may disclose PHI about you for public health activities, including disclosures:

to prevent or control disease, injury or disability;

to report births and deaths;

to report child abuse or neglect;

to persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to the quality, safety, or effectiveness of FDA-regulated products or services and to report reactions to medications or problems with products;

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 that an adult patient has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if the patient agrees or when required or authorized by law.

Health Oversight Activities. We may disclose PHI to federal or state agencies that oversee our activities (g., providing health care, seeking payment, and civil rights).

Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose PHI subject to certain limitations.

Law Enforcement. We may release PHI if asked to do so by a law enforcement official:

In response to a court order, warrant, summons or similar process;

To identify or locate a suspect, fugitive, material witness, or missing person;

About the victim of a crime under certain limited circumstances;

About a death we believe may be the result of criminal conduct;

About criminal conduct on our premises; or

In emergency circumstances, to report a crime, the location of the crime or the victims, or the identity, description or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors. We may release PHI to a coroner or medical examiner. We may also release PHI about patients to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities. We may release PHI about you to authorized federal officials for intelligence, counterintelligence, other national security activities authorized by law or to authorized federal officials so they may provide protection to the President or foreign heads of state.

Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI about you to the correctional institution or law enforcement official. This release would be necessary (1) 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.

Serious Threats. As permitted by applicable law and standards of ethical conduct, we may use and disclose PHI if we, in good faith, believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.

Note: HIV-related information, genetic information, alcohol and/or substance abuse records, mental health records and other specially protected health information may enjoy certain special confidentiality protections under applicable state and federal law. Any disclosures of these types of records will be subject to these special protections.

OTHER USES OF YOUR HEALTH INFORMATION

Certain uses and disclosures of PHI will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing purposes; and (c) that constitute a sale of PHI under the Privacy Rule. Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your written authorization. You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance on your authorization.

YOUR RIGHTS

You have the right to request restrictions on our uses and disclosures of PHI for treatment, payment and health care operations. However, we are not required to agree to your request unless the disclosure is to a health plan in order to receive payment, the PHI pertains solely to your health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law. To request a restriction, you may make your request in writing to the Privacy Officer.

You have the right to reasonably request to receive confidential communications of your PHI by alternative means or at alternative locations. To make such a request, you may submit your request in writing to the Privacy Officer.

You have the right to inspect and copy the PHI contained in our Provider records, except:

for psychotherapy notes, (e., notes that have been recorded by a mental health professional documenting counseling sessions and have been separated from the rest of your medical record);

for information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding;

for PHI involving laboratory tests when your access is restricted by law;

if you are a prison inmate, and access would jeopardize your health, safety, security, custody, or rehabilitation or that of other inmates, any officer, employee, or other person at the correctional institution or person responsible for transporting you;

if we obtained or created PHI as part of a research study, your access to the PHI may be restricted for as long as the research is in progress, provided that you agreed to the temporary denial of access when consenting to participate in the research;

for PHI contained in records kept by a federal agency or contractor when your access is restricted by law; and

for PHI obtained from someone other than us under a promise of confidentiality when the access requested would be reasonably likely to reveal the source of the information.

In order to inspect or obtain a copy your PHI, you may submit your request in writing to the Medical Records Custodian. If you request a copy, we may charge you a fee for the costs of copying and mailing your records, as well as other costs associated with your request.

We may also deny a request for access to PHI under certain circumstances if there is a potential for harm to yourself or others. If we deny a request for access for this purpose, you have the right to have our denial reviewed in accordance with the requirements of applicable law.

You have the right to request an amendment to your PHI but we may deny your request for amendment, if we determine that the PHI or record that is the subject of the request:

was not created by us, unless you provide a reasonable basis to believe that the originator of PHI is no longer available to act on the requested amendment;

is not part of your medical or billing records or other records used to make decisions about you;

is not available for inspection as set forth above; or

is accurate and complete.

In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. In order to request an amendment to your PHI, you must submit your request in writing to Medical Record Custodian, along with a description of the reason for your request.

You have the right to receive an accounting of disclosures of PHI made by us to individuals or entities other than to you for the six years prior to your request, except for disclosures:

to carry out treatment, payment and health care operations as provided above;

incidental to a use or disclosure otherwise permitted or required by applicable law;

pursuant to your written authorization;

to persons involved in your care or for other notification purposes as provided by law;

for national security or intelligence purposes as provided by law;

to correctional institutions or law enforcement officials as provided by law;

as part of a limited data set as provided by law.

To request an accounting of disclosures of your PHI, you must submit your request in writing to the Privacy Officer. Your request must state a specific time period for the accounting (e.g., the past three months). The first accounting you request within a twelve (12) month period will be free. For additional accountings, we may charge you for the costs of providing the list. We will notify you of the costs involved, and you may choose to withdraw or modify your request at that time before any costs are incurred.

You have the right to receive a notification, in the event that there is a breach of your unsecured PHI, which requires notification under the Privacy Rule.

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. We will post a copy of the current notice at www.dialcare.com. The notice will contain the effective date on the last page.

COMPLAINTS

If you believe that your privacy rights have been violated, you should immediately contact the Privacy Officer at privacy [email protected] We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.

CONTACT PERSON

If you have any questions or would like further information about this notice, please contact the Privacy Officer at [email protected] or at Privacy Officer, DialCare, 7400 Gaylord Parkway, Frisco, TX 75034, (855) 335-2255.

This notice is effective as of January 1, 2020.

Effective Date: 1/1/2020

DialCare and its subsidiaries and affiliates (collectively "DialCare," "we," "us," "our") work hard to build and maintain a relationship of trust with you. This Privacy Policy (the "Privacy Policy") governs our collection, use, and disclosure of your Personal Information (as defined below) in connection with your use of our website(s), microsite(s), mobile website(s), and mobile applications (collectively, "Sites"), and information we collect from you or third parties through any other means to provide our services or perform other business activities (collectively, "Services").

This Privacy Policy explains what information we collect about you, how we use or disclose that information, how to exercise any rights you may have with respect to your Personal Information (defined below), and the safeguards we have in place to reduce the risk of unauthorized access and use.

Please carefully read this Privacy Policy before using our Sites and/or Services. By Accessing or using our Sites and/or Services you agree to our use of your information consistent with this Privacy Policy, subject to your rights described below.

ABOUT THIS PRIVACY POLICY

Privacy Policy Changes

This Privacy Policy is subject to change. We encourage you to review this Privacy Policy frequently for any revisions or amendments.

Unless otherwise stated, changes will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Sites or Services. If we determine that a change to this Privacy Policy will result in using your Personal Information acquired before the change in a materially new way, we will provide you notice before using your Personal Information in the new way.

Conflict Between This Policy and Local Laws and Regulations

When federal, state, and local laws and regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. In addition, the specific requirements of this Privacy Policy will apply unless disallowed by local laws and regulations.

INFORMATION WE COLLECT

Personal Information

We may collect information that personally identifies, relates to, describes, or is capable of being associated with you ("Personal Information"), including:

  • Personal identifiers and contact information such as name, social security number, driver's license number, mailing address, service address, email addresses, phone numbers, fax numbers, account password, signatures;
  • Sensitive personal identifiers such as gender, age, ethnicity, country of origin, religion;
  • Other demographic information such as marital status, the number and ages of children, what language(s) you speak;
  • Banking/financial information such as credit/debit card numbers and expiration date, checking account and routing numbers, check or credit/debit card images;
  • Commercial information such as your account information and status, member benefits, purchase history, health insurance information;
  • Internet & network information such as browsing/search history, IP address, data collected by cookies and similar technologies;
  • Geolocation data such as geographic location indicators from websites or mobile devices;
  • Audio/visual information such as call recordings, chat transcripts;
  • Professional/employment information such as employer; and
  • Inferences drawn from other Personal Information or data that relate to your preferences, interests, characteristics, etc.

The types of Personal Information we collect about you may vary based on how you use our Sites and/or Services, and your relationship with us.

Business Information

We also collect information about businesses and their representatives that engage with us such as EIN, TIN, address, phone number, email address, bank account information (collectively, "Business Information"). This information is generally not considered Personal Information because it relates to a business or a business contact.

Usage Data and Sites Activity

We automatically collect information in connection with the actions you take on our Sites ("Usage Data"). For example, each time you use our Sites, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within our Sites, and the duration of your visits to our Sites. If this information is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as Usage Data.

Communication Recordings

We may record calls and retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.


HOW WE COLLECT INFORMATION

Voluntary Disclosure

We may ask you to provide us with Personal Information when you communicate with us online or offline, including events, surveys, and marketing or promotional programs. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services or we may not be able to fulfill your requested interaction.

Third-Party Data Sources

We may collect Personal Information from third-party data sources such as data brokers, consumer reporting agencies, marketing partners, analytics firms, dental plans, discount plans, dental or healthcare providers, insurers, and government agencies.

Cookies and Other Automated Tools

We use cookies (a small text file placed on your computer to identify your computer and browser) and other automated tools such as tracking pixels to improve the experience of the site and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Instructions for how to manage cookies in popular browsers are available at: Internet Explorer, Firefox, Chrome, Safari (iOS), Safari (Mac), and Opera. However, certain features of our Sites may not work if you delete or disable cookies.

We use the following types of cookies:

  • Session Cookies : Session cookies keep track of you or your information as you move from page to page within our Sites and are typically deleted once you close your browser.
  • Persistent Cookies : Persistent cookies reside on your system and allow us to customize your experience if you leave and later return to our Sites. For example, persistent cookies may allow us to remember your preferences.
  • Advertising Cookies : Advertising cookies are used to learn more about you and advertise products/services that might interest you.
  • Analytics Cookies : Analytics cookies help us understand how our Sites are working and who is visiting our Sites. Google Analytics is one tool we use, and you can learn more by reviewing Google's Privacy Policy.

We employ software technology that enables us to track certain aspects of a user's visit to our Sites. This technology helps us better manage content on our Sites by informing us what content is effective, how consumers engage with our Sites, and how consumers arrive at and/or depart from our Sites. The software typically uses two methods to track user activity: (1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user views a web page or email message. User activity information may be associated with additional information about a user's session and Personal Information, if provided by the user.

If you arrive at our Sites by "clicking through" from another website, then certain information about you that you provided to that other website, such as the terms you searched that led you to our Sites, may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached our Sites to determine what information the operator collects and how it uses such information. We may retain information about you provided to us by other websites and will use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Interest-Based Advertising

We may work with third-party advertisers, search providers, and ad networks ("Advertisers") to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of our Sites or Services as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via our Sites or on third-party websites. If you do not want to receive interest-based advertising, please visit the Digital Advertising Alliance (DAA) Consumer Choice Page . The DAA website allows you to opt-out of one or more interest-based advertising networks. Opt-outs are device and browser specific; therefore, you will need to set your opt-out preferences for each device and browser. Deleting browser cookies can remove your opt-out preferences; however, the DAA offers browser extensions that help preserve the opt-out preferences you set on the DAA's Consumer Choice Page. Please note that opt-outs only apply to interest-based advertising. You may still receive other types of online advertising.

Information from Advertisements

If you arrive at our Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).

Social Media Widgets

The Sites may include social media features, such as the Facebook, YouTube, Pinterest, LinkedIn, Instagram, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with features are governed by the privacy policies of the companies that provide them.

Mobile App

When you use our Mobile App, we may collect your geolocation data and other information. This is so that we can provide you with a list of participating providers nearest to you. We do not share geolocation data with any third parties. If you do not want to use the App's geolocation feature, you can turn off the location services for the App by changing the permissions on your mobile device. If you wish to stop all collection of information by the App, you can uninstall it. If you wish for us to permanently delete your geolocation data, you can contact us at [email protected].


THIRD PARTIES THAT COLLECT INFORMATION ON OUR SITES

Third parties, including Advertisers, collect Personal Information and/or Usage Data from users of our Sites using automatic information collection tools such as cookies and tracking pixels. These third parties' collection, use, and disclosure of Personal Information and/or Usage Data is governed by their data policies.


HOW WE USE AND SHARE INFORMATION

Generally

We may use Personal Information for business purposes, such as to:

  • Account creation, fulfillment, servicing and customer support : to process applications, create customer accounts, allow customers to create online accounts and profiles, provide goods or services, keep customers informed about the status of their services, respond to questions and addressing customers concerns, deliver updates, upgrades and product improvement information;
  • Marketing and market research : to send communications and offers for our or third parties' products and services, including offers based on consumers' interests, personal and business characteristics and location; perform analytics for market and consumer research, trend analysis, financial analysis, and anonymization of personal information;
  • Surveys, promotional events, contests : to administer surveys, polls, sweepstakes, contests, loyalty programs and other promotional events and contests;
  • Other company communications : to provide consumers with information that may be of interest such as company newsletters, announcements, reminders and technical service bulletins;
  • Website use and analytics : to provide you with access to and use of our Sites and Services; analyze consumers' use of our websites, including the use of third-party web analytics services, which may utilize automated technologies to collect data (such as email and IP addresses);
  • Eligibility and pricing : to determine if consumers are eligible for certain products, services or offers and the pricing related to such offers;
  • Product research : to conduct research and analysis for maintaining, protecting, and developing services, increase and maintain the safety of our products and services, and prevent misuse;
  • Business operations : to evaluate, develop, and improve business operations, products and services offered; business administration and other normal business activities;
  • Compliance : to comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others; and
  • Information security and fraud prevention : to operate information security and anti-fraud programs.

Reviews and Testimonials

If you provide a review or testimonial, we may post it publicly on our Sites or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.

Service Providers

We may provide your Personal Information to other businesses ("Service Providers") to provide services to us or on our behalf. Categories of service providers we use include:

  • Fulfillment and account servicing vendors , which help us provide products, services and information to you, service your account or benefits, and perform payment processing services;
  • Payment processors , which help us to accept and process the payments for our products/services to you;
  • Marketing and communications vendors , which help us market our products/services to you, conduct promotions, surveys and other outreach campaigns;
  • Research and development vendors , which help us develop and improve our products and services;
  • Data and business analytics vendors , which help us collect, analyze and improve the accuracy of our data (including Personal Information);
  • IT and network administration vendors , which provide services such as data storage and management, website hosting, and data security;
  • Professional service firms , which provide accounting, legal and other professional services; and
  • General service providers , which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction.

Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information that we provide to them other than as specified by us.

Third-Party Sharing

We may share or sell your Personal Information with other companies who do not provide services to us ("Third Parties"), such as insurance companies, healthcare providers, benefit providers, marketing partners. Categories of Personal Information that we sell may include personal identifiers and contact information, demographic information, commercial information, internet and network information and inferences drawn from other Personal Information.


SECURITY

We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.


COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to: respond to legal requests (including court orders, investigative demands and subpoenas); protect the safety, property, or rights of ourselves, consumers, or any other third party; prevent or stop any illegal, unethical, or legally actionable activity; or comply with laws.


LINKS

The Sites may contain links to third party websites including social media platforms. Please be aware that if you access these links, you will be leaving our site. We encourage users to read the privacy policies of those sites, as we are not responsible for their content, links, or privacy procedures.


OTHER TRANSFERS

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.


CHILDREN'S PRIVACY

The Sites and Services are not intended for children under the age of 16 and we do not knowingly collect Personal Information from children under the age of 16. If we become aware that we have inadvertently received Personal Information from a child under the age of 16, we will delete such information from our records.


PRIVACY PRACTICES RELATED TO JOB APPLICANTS

If you apply for employment or sign-up to become a broker, we may collect:

  • Personal identifiers and contact information such as name, address, social security number, driver's license number, alien registration number, passport number;
  • Educational information such as educational institutions attended, degrees received, college transcripts;
  • Professional/employment information such as resumes, CVs, positions held, tenure, references, skill assessments;
  • Internet & network information browsing/search history, data collected by cookies;
  • Characteristics of protected classifications such as age, race, disabilities, citizenship;
  • Medical information such as drug test results;
  • Geolocation information from mobile applications;
  • Inferences drawn from the above categories of Personal Information that relate to your characteristics, behavior, attitudes, intelligence, abilities and aptitudes, including criminal background information and driving history.

We may use this information to evaluate candidates for employment; conduct background checks and drug screening; check references; communicate with you and respond to your requests or application; enable your use of the Sites; maintain company security; facilitate company policies; comply with legal and contractual obligations; and otherwise operate our business.


ADDITIONAL CALIFORNIA CONSUMER RIGHTS

If you are a resident of California, you have additional rights to access and control your Personal Information, including a right to request that we disclose the Personal Information we collect, use, disclose, and sell, under the California Consumer Privacy Act (CCPA).

Right to Know

You have the right to request twice per 12-month period that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose for which we collected your Personal Information; (iv) the categories of Third Parties with whom we shared your Personal Information; and (v) the categories of Third Parties to whom we sold your Personal Information. We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial information, social security numbers, and driver's license numbers. To protect your Personal Information, you must provide required information and/or documentation to verify your identity. We will process verified requests within 45 days, subject to any applicable exceptions and extensions permitted by law.

Right to Deletion

You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations. To prevent unauthorized individuals from making deletion requests, you must provide required information and/or documentation to verify your identity.

Right to Opt-Out from the Sale of Personal Information

As a California resident, you have the right to direct us not to sell your Personal Information to Third Parties. We will process verified requests within 15 days, subject to any applicable exceptions and extensions permitted by law.

The DAA also allows you to use its CCPA opt-out tool to request for your browser to opt-out of the sale of Personal Information by some or all participants of its CCPA opt-out program.

Non-Discrimination Notice

We will not discriminate against any consumer for exercising their privacy rights under law or this Privacy Policy.

California "Do Not Track" Disclosure

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user's activity not be tracked. Currently, our Sites and Services do not respond to do not track signals. You may, however, opt-out of interest-based advertising using the DAA website linked above or make a browser-specific CCPA opt-out request using the CCPA opt-out tool linked here.

Submitting a Request

If you are a California resident and would like to exercise your rights, you may submit a request though our online California Consumer Privacy Act Request Form or calling us at (833) 640-3425.

Authorized Agent

If you are an authorized agent submitting a request for another California resident, you must provide a copy of a lawful power of attorney or written authorization from the Consumer (along with proof of your identity). You may provide this documentation via email at [email protected] after submitting the request. We may contact you or the Consumer on whose behalf you claim to act to verify your authorization.

DialCare

www.dialcare.com

7400 Gaylord Parkway

Frisco, TX 75034

(833) 640-3425

[email protected]

This document was last updated on January 1, 2020.