2nd.MD| Membership

Legal Information & Notices

Acceptance of Terms

This website, located at www.2nd.md (“Website”), is owned and operated by Innovation Specialists LLC (d/b/a 2nd.MD) (“2nd.MD”).

This Website provides users with online access to Specialists who may provide health education to Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED ON THIS WEBSITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY 2nd.MD, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE WEBSITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND HEALTH EDUCATION PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. 2nd.MD IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS THAT UTILIZE 2nd.MD AT THE INVITATION OF 2nd.MD IS SOLELY AT YOUR OWN RISK.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about 2nd.MD, “Content”). This Website is intended for use only by users who are at least 18 years of age.

PLEASE NOTE: Your access to and use of this Website are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Website or any information or Content contained on this Website. Your access to and use of this Website constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. Unless otherwise indicated, any new Content added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Website and these Terms of Use periodically for updates and changes.

If you have any questions about these Terms of Use, please contact us at support@2nd.md.

Independence of Specialists and Professionals – The specialists and professionals utilizing or featured on the Website site are subscribers and licensees to the Website and not employees. Any health education, opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Website are of the professional and the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on 2nd.MD or by a licensee of 2nd.MD.

The inclusion of professionals and specialists on the Website or in any professional directory located on the 2nd.MD Website does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND 2nd.MD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE WEBSITE. The use of the Website by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by a Specialist or Professional on this website and during any session facilitated through this Website are solely the individual and independent opinions and statements of the Specialist or Professional and do not reflect the opinions of 2nd.MD, its affiliates or any other organizations or institutions to which such Specialist or Professional is affiliated or provides services.

Password Accounts, Passwords, and Security – By registering on the Website, users of the Website (“Users”) can receive access to the password-protected portions of the Website (the “User Portal”). When accessing the User Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a)immediately notify 2nd.MD of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. 2nd.MD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 2nd.MD or another party due to someone else using your account or password if the use was caused or permitted by You.. You may not use anyone else’s account at any time, without the permission of the account holder.

Code of Conduct – Users may be asked to comply with a User code of conduct, which will consist of policies and procedures governing User conduct on the Website (“Code of Conduct”). Such Code of Conduct, once added to the Website, may be updated from time to time by 2nd.MD. The most recent Code of Conduct will be posted on the Website and any new material added to the Code of Conduct will be effective upon the date of publication on the Website.

Limited License and Site Access; All Rights Reserved – 2nd.MD hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 2nd.MD (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 2nd.MD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 2nd.MD without 2nd.MD’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of 2nd.MD’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content and features offered on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the permission or license granted by 2nd.MD.

Copyright – Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of 2nd.MD or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of 2nd.MD or its third party content suppliers and is protected by U.S. and international copyright laws.

You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of 2nd.MD or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by 2nd.MD. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. 2nd.MD does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. 2nd.MD is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless 2nd.MD from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation by You of these Terms of Use.

If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at support@2nd.md with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks – Certain trademarks on the Website are the service marks and trademarks of 2nd.MD, the specialists, the professionals or other licensees of 2nd.MD or other third parties. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of 2nd.MD and/or other third parties. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of 2nd.MD and/or other third parties which authorization may be withheld in such parties’ sole discretion.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and 2nd.MD reserves the right to change the access configuration of this Website at any time without prior notice.

Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by 2nd.MD to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by 2nd.MD, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Website, you agree you will not:

a) Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any 2nd.MD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any material posted by any other person or entity;

k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.2nd.md, in accordance with the Limited License and Site Access outlined above;

l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;

(n) Harvest or otherwise collect information about others, including e-mail addresses; or

(o) Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. 2nd.MD reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. 2nd.MD may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, 2nd. MD reserves the right at all times to disclose any information as required by Law after first giving You the opportunity to seek a protective order or motion to quash, unless prohibited by law.

Right to Monitor – 2nd.MD neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, 2nd.MD does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in 2nd.MD’s sole discretion, may be illegal, may subject 2nd.MD or other third party to liability, may violate these Terms of Use, or are, in the sole discretion of 2nd.MD, inconsistent with 2nd.MD’s purpose for this Website.

No 2nd.MD Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or other Website users, 2nd.MD has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Website are those of such third party suppliers or users, respectively. 2nd.MD does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with 2nd.MD.

Links to Third Party Websites – This Website may contain hyperlinks to other sites owned and operated by parties other than 2nd.MD. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to other websites that are not owned, operated or maintained by 2nd.MD, you acknowledge and agree that 2nd.MD is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. 2nd.MD is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. 2nd.MD shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. 2nd.MD is not responsible for the privacy practices of any other websites.

Disclaimer – Content and other information contained on this Website has been prepared by 2nd.MD as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. 2nd.MD has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by 2nd.MD. Users relying on Content or other information from this Website do so at their own risk.

THE 2nd.MD WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. 2nd.MD AND ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS- FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2nd.MD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2NDMD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE WEBSITE), OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices – Any notices to you from 2nd.MD regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.

Electronic Communications – When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

General Provisions

Entire Agreement – These Terms of Use, the Contract , and other policies 2nd.MD may post on this Website constitute the entire agreement between 2nd.MD and you in connection with your use of this Website including, without limitation, the User Portal, and supersedes any prior agreements between 2nd.MD and you regarding use of this Website, including prior versions of these Terms of Use.

Governing Law; Severability of Provisions – The Terms of Use are governed by the laws of the State of Texas, USA and controlling United States Federal Law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship – Neither these Terms of Use, nor any Content, materials or features of this Website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies – You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us If you have any questions or concerns about these Terms of Use, please contact us at support@2nd.md or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Legal Information & Notices

INTRODUCTION

Welcome to 2nd.MD’s web and mobile experience. Innovation Specialists, LLC d/b/a 2nd.MD (“2nd.MD” or “Company”) is committed to maintaining robust privacy protections for its users. Your privacy is important to us. This Privacy Policy is designed to help you understand how we collect, use, and safeguard the information you provide.

This Privacy Policy applies to any online service location (e.g. website or application) that posts a link to this Privacy Policy, and applies to your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services (collectively, the “Services”) that 2nd.MD owns and controls and makes available through an online service, regardless of how you access or use the Service. Please note that by using our Services, you are accepting the practices described in this Privacy Policy and our Terms of Use, and you consent to our collection, storage, use and disclosure of your Personal and Non-Personal Information as defined in this Privacy Policy.

Please review this Privacy Policy carefully. If you do not agree to this Privacy Policy, please do not use 2nd.MD’s Services.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”)

We do not knowingly or intentionally collect or maintain personally identifiable information from persons under 13 years old, and no part of our website or application is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS OUR SERVICES AT ANY TIME OR IN ANY MANNER. If 2nd.MD learns that personally identifiable information of persons less than 13 years old has been collected without verifiable parental consent, then we will take appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a 2nd.MD account, then please alert us at legal@2nd.MD and request that we delete that child’s personal information from our systems.

TYPES OF INFORMATION WE MAY COLLECT

We collect information to provide the best service to each of our users. You have choices about the information we collect. When you are asked to provide personal information, you may decline. But if you choose not to provide information that is necessary for our services, you may not be able to use our services.

We collect two basic types of information: “Personal Information” and “Non-Personal Information”.

“Personal Information”

means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, driver’s license, Social Security Number, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media.

“Non-Personal Information”

includes information that cannot be used to identify you personally, but can provide us with usage data, either individually or in the aggregate. This may include but is not limited to anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.

HOW WE ACQUIRE PERSONAL INFORMATION AND NON-PERSONAL INFORMATION

Personal Information

We acquire Personal Information when you voluntarily register or create a personal profile with us, or request products, services, or information from us. This may include your first and last name, e-mail and mailing address, phone, and other similar contact data. We may collect data about you such as your age, gender, country, and preferred language.

In some cases, we acquire Personal Information from your employer.

We collect passwords, password hints, and similar security information when you create an account to log in to our network.

Protected Health Information (“PHI”)
When using our Services, we collect health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health information. Your health record contains personal information about you and your health. We may also collect health information about you prepared by your healthcare providers who provide medical records, treatment and examination notes, and other health related information. This information about you may identify you and/or relate to your past, present or future physical or mental health or condition and related health care services is referred to as Protected Health Information (“PHI”). 2nd.MD is required by law to maintain the privacy of PHI and to provide you with notice of our legal duties and privacy practices with respect to PHI. We are required to abide by the terms of this Privacy Policy.

Non-Personal Information

In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the referring URL), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.

We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. Most internet browsers automatically accept cookies, but you can set your browser to refuse them or to alert you when they are being sent.

Certain pages on our websites or applications contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

We may also use third party analytics services such as Google Analytics or Google Adsense to collect information about how you use and interact with our Services. Such third party analytics services may use cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and which site referred you to our Services.

HOW WE USE PERSONAL AND NON-PERSONAL INFORMATION

Personal Information

In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:

Facilitate the creation and securing of your account on our network;
Verify your identity so that we can be sure that all our communications with you are confidential, and, for application security, to help prevent fraud and data loss;
Send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
Provide improved administration of our Services;
Provide the Services you request;
Respond to inquiries or requests from you;
Improve the quality of the experience when you interact with our Services;
Send administrative e-mail notifications, such as security or support and maintenance advisories;
Send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties; and
Perform marketing or data analysis.

Protected Health Information (“PHI”)

2nd.MD will protect PHI in compliance with both state and federal law. 2nd.MD is required to maintain the confidentiality of the PHI of our users, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure such as hosting our platform on Health Insurance Portability and Accountability Act (“HIPAA”) compliant servers. To the extent required by law, we will make reasonable efforts not to use, disclose, or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations. Your PHI may be used and disclosed to those who are involved in facilitating your healthcare educational consultation or other related services provided through our Services.

Non-Personal Information

In general, we use Non-Personal Information to help us improve your user experience and the overall quality of our services. For example, by saving your language preference, we will be able to have our services appear in the language you prefer. We also aggregate Non-Personal Information to track trends and analyze use patterns on our website and application. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.

WHEN WE MAY SHARE OR DISCLOSE PERSONAL AND NON-PERSONAL INFORMATION

Regardless of any choices you make regarding your Personal Information, 2nd.MD may disclose Personal Information for the following purposes, if it believes in good faith that such disclosure is necessary:

If required by law, such as pursuant to a subpoena, regulatory oversight, or other legal process;
If to protect or defend the rights or property of 2nd.MD or users of the Services;
If all or part of the Company is sold, merged, dissolved, acquired, or in a similar transaction.

We may also share personal information with other third party companies that we collaborate with or hire to perform services on our behalf, such as service providers, partnering entities, or agents. For example:

We may hire a company to help us send and manage e-mail, and we might provide the company with your e-mail address or certain other information for them to send you an e-mail message on our behalf.
To help 2nd.MD communicate with people in different languages, 2nd.MD utilizes collects and uses the text and speech data you submit to provide the translation service.

We may also share personal information with other parties when you expressly authorize us to do so.

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION AND PHI

You have the following rights regarding PHI we maintain about you. To exercise any of these rights, please submit your request in writing to our Privacy Officer at legal@2nd.md.

Right to Access your PHI

. You have the right, which may be restricted only in exceptional circumstances, to inspect and copy PHI that is maintained in a “designated record set”. A designated record set contains mental health/medical and billing records and any other records that are used to make decisions about your care. Your right to inspect and copy PHI will be restricted only in those situations where there is compelling evidence that access would cause serious harm to you or if the information is contained in separately maintained psychotherapy notes. We may charge a reasonable, cost-based fee for copies. If your records are maintained electronically, you may also request an electronic copy of your PHI. You may also request that a copy of your PHI be provided to another person.

Right to Amend your PHI

. If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information although we are not required to agree to the amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to your statement and will provide you with a copy. Please contact the Privacy Officer if you have any questions.

Right to Request Confidential Communication

. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. We will accommodate reasonable requests. We may require specification of an alternative address or other method of contact as a condition for accommodating your request. We will not ask you for an explanation of why you are making the request.

Right to Restrict Disclosure of Your Personal Information and PHI

. If you wish to restrict disclosure of personal information or PHI about you or your dependent to another person you identify, please contact the Privacy Officer at 2nd.MD directly to make such request.

Breach Notification

. If there is a breach of PHI concerning you, we may be required to notify you of this breach, including what happened and what you can do to protect yourself.

Marketing Purposes

. You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, we may continue to send you administrative e-mails including, for example, periodic updates to our Privacy Policy.

RECORDING FEATURES

By using 2nd.MD’s Services, you consent and authorize 2nd.MD to audio record, video record, and/or still photograph the educational consultation for the purpose of allowing you continued access to the consultation. You understand that all recordings, videos or images will become part of your electronically stored record. You understand that the use of technology to store and transmit your recordings introduces additional opportunities for someone to breach the security and privacy protocols that 2nd.MD uses to protect your confidential information. 2nd.MD stores and transmits the recordings in compliance with the HIPAA Security Rule and all other applicable state and federal regulations.

LINKS TO THIRD PARTY WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link through our Services. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

Text Message Policy

2nd.MD Text Messages (SMS) may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone (the “Text Messaging Services”). By activating your 2nd.MD account and providing your phone number to 2nd.MD, you consent to receiving text messages from 2nd.MD. By using our text message services, you agree to these terms and conditions, which incorporate by reference our Terms of Use. If you do not agree to these terms and conditions, please do not use the text messaging services. You can stop messages at any time by replying “STOP”.

Cancellation

Members can opt-out by replying “STOP” at any time. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive one (1) final message from 2nd.MD confirming that you have been inactivating in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.

Text Messaging and Data Rates

2nd.MD does not charge a fee for text messaging service. However, standard messaging and data rates may apply from your mobile carrier, and we are not responsible for any charges from a person’s service provider that may result from us providing this service.

OTHER IMPORTANT PRIVACY INFORMATION

Security of Personal Data

We intend to protect the personal information entrusted to us and treat it securely in accordance with this Privacy Policy. 2nd.MD implements physical, administrative, and technical safeguards designed to protect your personal information from unauthorized access, use, or disclosure. We protect your information from potential security breaches by implementing certain technological security measures, and periodically subjecting our Services to simulated intrusions tests. We also contractually require that our suppliers protect such information from unauthorized access, use, and disclosure. However, the Internet cannot be guaranteed to be 100% secure, and these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of our security measures. By using our Service, you acknowledge that you understand and agree to assume these risks.

Protection of Passwords

Your account is protected by your account password, and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. It is your responsibility to control the dissemination and use of your password, and to control access to and use of your user ID and password. If you need to deactivate your account, promptly inform 2nd.MD. You agree to promptly notify 2nd.MD of any unauthorized use of your username, password, or any other breach of security that you become aware of.

E-mail Communications

We may use the e-mail address you provide when you create your 2nd.MD account to send you an e-mail requesting that you validate your e-mail address, to send you appointment reminders, and to send you service notifications, such as e-mail notifications that information is available in your member account.

2nd.MD periodically sends newsletters, surveys, contests, sweepstakes or other promotions through e-mail. 2nd.MD may also periodically send you an e-mail summarizing recent account activity. Subject to your contact preferences, we may also use your e-mail addresses to send you promotional e-mail. You can unsubscribe from these e-mails at any time.

Cancellation

Operation in the United States

Our servers are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Services, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States.

Changes to this privacy policy

The policies indicated by this Privacy Policy will remain effective, even if the user’s coverage is terminated, to the extent we retain information about a user. 2nd.MD reserves the right to change the terms of our Privacy Policy at any time. Any new Privacy Policy will be effective for all PII/PHI we maintain at that time. We will provide you with a copy of the revised Privacy Policy by posting a copy on our website and applications, or e-mailing you a copy.

Contact Us: If you would like more information about your privacy rights, please contact 2nd.MD by e-mailing legal@2nd.MD. If you believe we have violated your privacy rights, you have the right to file a complaint in writing with our Privacy Officer at legal@2nd.MD. We will not retaliate against you for filing a complaint.

Last Updated:

November 27, 2018