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Terms of Service and HIPPA Notice

TERMS OF SERVICE

KeepYourSight (KYS) Terms of Service

KYS VISIONPRO ACCOUNT SUBSCRIPTION FOR DOCTORS AND CLINICS

  • First 2 months free (during the COVID-19 pandemic)
  • $1 per test - 200 tests minimum per month
  • Unlimited patient access to all vision tests and services on the KYS platform

KYS VISION ACCOUNT ACCESS FOR PATIENTS

  • Patients can access the KYS system under their participating provider account
  • Need an active referral code from their provider
  • Unlimited patient access to all vision tests and services on the KYS platform

The website located at wordpress-446625-1453096.cloudwaysapps.com (the "Site") belongs to KeepYourSight, Inc. ("KYS", "we" or "us"). As provided below, KYS grants you the right to use the Site, our software applications, including without limitation Macustat, Peristat and other vision testing applications (collectively "Software," or "App"), and services provided through the Site or Software (together, the "KYS Service"), subject to the terms and conditions of use ("Terms of Service" or "Terms") set forth below. The term "you" refers to the person visiting the Site.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING "ACCEPT" OR ACCESSING THE KYS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE KYS SERVICE. BY ACCEPTING THESE TERMS OR BY USING THE KYS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (TOGETHER, THE "TERMS"). If you are not eligible, or do not agree to the Terms of Service, then you do not have permission to use the KYS Service.

THE KYS SERVICE IS AVAILABLE TO KYS USERS IN THE UNITED STATES OF AMERICA AND THE REST OF THE WORLD. THE KYS SERVICE IS INTENDED ONLY TO RECORD, DISPLAY, STORE, AND TRANSMIT VISUAL FUNCITON DATA ("VISION DATA"). YOU, AS THE USER OF THE KYS SERVICE, ARE RESPONSIBLE FOR THE VISION DATA RECORDED AND STORED BY THE KYS SERVICE. THE KYS SERVICE IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION OR AUTOMATICALLY ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS MEDICAL CONDITIONS OR ABNORMAL VISION PROBLEMS. THE KYS SERVICE IS NOT INTENDED FOR COUNTINUOUS MONITORING AND WE DO NOT GUARANTEE A RESPONSE BY ANY PHYSICIAN(S) TO MESSAGES POSTED OR MEDICAL EVENTS REPORTED THROUGH THE KYS SERVICE. ALTHOUGH KYS MAY ENABLE YOU TO USE AN OPTIONAL TEST INTERPRETATION OF THE KYS SERVICE OR CONNECT YOUR ACCOUNT TO YOUR HEALTHCARE PROVIDER THROUGH OUR KYS PRO SERVICE, KYS DOES NOT AUTOMATICALLY REVIEW, MONITOR, EVALUATE, OR ANALYZE ANY INFORMATION GENERATED FROM THE KYS SERVICE. IT IS YOUR RESPONSIBILITY TO SHARE YOUR MEDICAL DATA WITH YOUR PHYSICIAN FOR PROPER ANALYSIS AND DIAGNOSIS.

Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and KYS will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 24 ("Dispute Resolution and Arbitration") for the details regarding your agreement to arbitrate any disputes with KYS.

  1. Use of the KYS Service. The KYS Service is intended only to allow you to upload, view, share data with your healthcare professional, and use certain data pertaining to you as made available by the KYS Service. You may not access or use the Service for any other purpose. You may use the KYS Service, including any data presented to you on or by the KYS Service, or otherwise hosted or stored by KYS for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the KYS Service which KYS may post from time to time.
  2. Eligibility. You must be at least 18 years of age to use the KYS Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the KYS Service; and (c) your registration and your use of the KYS Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the KYS Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
  3. Accounts and Registration. To access most features of the KYS Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself including personal information such as your name, email address, password, gender, height and birthdate. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us. Your account may automatically expire following any period of inactivity associated with your account in excess of twelve (12) consecutive months.
  4. Payment. Access to the KYS Service, or to certain features of the KYS Service, is generally free for patient users and requires subscription for participating providers

    KYS VISIONPRO ACCOUNT SUBSCRIPTION FOR DOCTORS AND CLINICS

    • First 2 months free (during the COVID-19 pandemic)
    • $1 per test - 200 tests minimum per month
    • Unlimited patient access to all vision tests and services on the KYS platform

    KYS VISION ACCOUNT ACCESS FOR PATIENTS

    • Patients can access the KYS system under their participating provider account
    • Need an active referral code from their provider
    • Unlimited patient access to all vision tests and services on the KYS platform
    Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, to the fullest extent permitted under applicable law. If KYS changes the fees for the KYS Service, including by adding additional fees or charges, KYS will provide you advance notice of those changes. If you do not accept the changes, KYS may discontinue providing the KYS Service to you. KYS will charge the payment method you specify at the time of purchase. You authorize KYS to charge all sums as described in these Terms, for the KYS Service you select, to that payment method. If you pay any fees with a credit card, KYS may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. The KYS Service may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the KYS Service, you authorize KYS to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the KYS Service to update or cancel any existing authorized one-time or recurring payment, it may take several business days for the update or cancellation to take effect. KYS does not collect or store financial account information as defined in the Privacy Policy.
  5. License. KYS owns and operates the KYS Service and all the data associated with it. The documents and other information and content available on the KYS Service (the "Site Content") are protected by copyright and other intellectual property laws throughout the world. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. KYS and its suppliers reserve all rights not granted in these Terms.

Subject to the restrictions set forth in these Terms, KYS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App in object code format on devices that you own or control, solely for use with the KYS Services. By downloading or using our app(s), you:

  1. Acknowledge that the Software/App/Test Portal are licensed, not sold to you; and
  2. Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees.
  1. Clinician Review Service.
    1. KYS arranges for a third party medical professional to provide professional test analysis services ("Clinician Review Service") to you through the KYS Service. The Clinician Review Service performs the requested service and electronically grades the tests on the KYS systems, and we make the test result available to you within the KYS Service. By accepting these Terms, you hereby agree to enrollment in the Clinician Review Service. KYS reserves the right to change the Clinician Review Service providers or discontinue one or more of the Clinician Review Service offerings.
    2. These reports are intended as information for you and to be used as a tool by your physician to provide proper diagnosis and treatment, taking into account your complete medical history and evaluation. Diagnosis based on your data can only be accomplished by your physician. It is your responsibility to present your medical data to your physician for proper analysis and diagnosis. KYS and the Clinician Review Service providers make no guarantees of the accuracy or clinical significance of the interpretation of your data. Please be aware that your physician may disagree with the interpretation of your data. If you decide to use the Clinician Review Service, we will share your information with the Clinician Review Service when you give permission through the KYS Service.
    3. Due to telemedicine restrictions, your local jurisdiction may restrict your ability to use the Clinician Review Service. Since you are using a mobile device to collect your data, it is your responsibility to ensure the Clinician Review Service is legal according to your local telemedicine laws.
  2. Personalized Surveillance Service. It is your responsibility to present your data to your physician, and to discuss with your physician what the proper course of action is based on your medical history. KYS may also allow you to schedule reminder notices using the KYS Service, such as reminders to take a test. KYS makes no representations about accuracy, reliability, completeness, or timeliness of any push notifications, as parts of the process are outside of KYS’s control. You accept that any reliance on these reminders will be at your own risk, and KYS disclaims all liability arising from your use of them. You agree that KYS may send push notifications to your mobile device for KYS Service-related or marketing purposes, if they are enabled and in accordance with the Privacy Policy. You may turn off push notifications through your device settings.
  3. User Representations and Warranties.
    1. All users represent, warrant and covenant to KYS that (1) these Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (2) if you are using the KYS Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms; (3) you will not access or use the KYS Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by KYS, including those posted in the KYS Service; (4) you will access and use the KYS Service in full compliance with applicable law; and (5) all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.
  4. User Content
    1. User Content Generally. Certain features of the KYS Service may permit you, your healthcare provider, or other users to upload content to the KYS Service, including messages, images, data, text, location information, and other types of information ("User Content") and to publish User Content on the KYS Service. You retain the copyrights, including any moral rights, and any other proprietary rights that you may hold in the User Content that you post to the KYS Service; provided that if you choose to link your account to our KYS Pro service or information systems offered by your healthcare provider, any data provided to your healthcare provider may become part of your health record, and that copy of such data may be owned and/or controlled by your healthcare provider under applicable law.
    2. Limited License Grant to KYS. By posting or publishing User Content, you grant KYS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, create derivative works of, and distribute your User Content, in whole or in part, for any purpose in accordance with the Privacy Policy, in any media formats and through any media channels now known or hereafter developed. We may also create anonymized data and images from your User Content, and such data and images will no longer be your User Content. You irrevocably and forever waive any rights you may have regarding your User Content being altered or manipulated in any way that may be objectionable to you. KYS reserves the right to refuse to accept, post, display, or transmit any of your User Content in its sole discretion.
    3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the KYS Service, or connecting your account to your healthcare provider through our KYS Pro service, you grant those users and/or healthcare providers a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the KYS Service.
    4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize KYS and users of the KYS Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by KYS, the KYS Service, and these Terms; and
      2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause KYS to violate any law or regulation.

You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the KYS Service.

  1. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. KYS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the KYS Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against KYS with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
  2. Procedure for Unlawful User Content

If you believe that any User Content does not conform to these Terms, please notify us.

We comply with the provisions of the Digital Millennium Copyright Act (the "DMCA") applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the KYS Service, you may contact our designated agent.

Please note that under applicable law, if you knowingly give false, misleading or inaccurate information that User Consent is infringing, you may be subject to civil or criminal penalty.

Any notice under the Digital Millennium Copyright Act (the "DMCA") alleging that materials hosted by or distributed through the KYS Service infringe intellectual property rights must include all of the information required by the DMCA for such notices.

  • Repeat Infringers. KYS will promptly terminate without notice the accounts of users that are determined by KYS to be "Repeat Infringers." A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the KYS Service at least three times.
  1. Prohibited Conduct. BY USING THE KYS SERVICE YOU AGREE NOT TO:
    1. use or access the KYS Service (a) from a jurisdiction where such use or access is not authorized, (b) for any illegal purpose, or (c) in violation of any local, state, national, or international law;
    2. conduct activities that may be harmful to others or that could damage KYS’s reputation;
    3. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing personal information about another person;
    4. post, upload, or distribute marketing or advertising links or content, or any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
    5. use scrapers, robots, or other data gathering devices on or through the KYS Service, or frame or otherwise provide the KYS Service to third parties without KYS’s permission;
    6. interfere with security-related features of the KYS Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Service, including the app(s), except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
    7. interfere with the operation of the KYS Service or any user’s enjoyment of the KYS Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the KYS Service; (c) attempting to collect personal information, including without limitation VISION DATA or other health information, about another user or third party without their consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the KYS Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
    8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other KYS Service or account without permission, or falsifying your account registration information;
    9. modify, translate, or create derivative works, adaptations or compilations of, or based on, the KYS Service or part thereof, or use, copy or reproduce the KYS Service or any part thereof other than as expressly permitted in these Terms;
    10. assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 15) or any right or ability to view, access, or use any Material; or
    11. attempt to do any of the acts described in this Section 10, or assist or permit any person in engaging in any of the acts described in this Section 10.
  2. Third-Party Services and Linked Websites. The Site may contain links to other web sites operated by third parties. Such third-party web sites are not under the control of KYS and we are not responsible for the content of any third party web site or any link contained in a third party web site. KYS provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

KYS may provide tools through the KYS Service that enable you to export information, including without limitation VISION DATA and User Content, to third party applications or services such as Google Fit or Apple Health, or import information from such third party applications or services, including through features that allow you to link your account on KYS with an account on the third party service. By using one of these tools, you represent, warrant, and agree that such transfers are permitted under applicable law and that you are authorized to, and that we may on your behalf, transfer that information to or from the applicable third-party service in accordance with the Privacy Policy. Third-party services are not under our control, and we are not responsible for any third-party’s use of your exported information. If you enable the features of the KYS Service that are designed to import information from such third-party services, you hereby authorize and grant KYS a perpetual, irrevocable license to use such imported information and disclose it to third parties such as your healthcare professional in accordance with the Privacy Policy and applicable law. The KYS Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

  1. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by following the procedures detailed on the KYS website or contacting customer service. If you violate any provision of these Terms, your permission from us to use the KYS Service will terminate automatically. In addition, KYS may in its sole discretion terminate your user account on the KYS Service or suspend or terminate your access to the KYS Service at any time if you violate any provision of these Terms, if we no longer provide any part of the KYS Services or for any other reason, with or without notice. We also reserve the right to modify or discontinue the KYS Service at any time (including by limiting or discontinuing certain features of the KYS Service), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the KYS Service or any suspension or termination of your access to or use of the KYS Service, provided that if KYS ceases to operate the KYS Service and terminates your access to the KYS Service accordingly, then you will be entitled to a pro-rated refund of any prepaid fees that you have paid to KYS for use of the KYS Service. Upon the termination of your account or this agreement for any reason, KYS may at its option delete any data associated with your account.
  2. Privacy Policy; Additional Terms
    1. Privacy Policy. Please read the Privacy Policy ("Privacy Policy") carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You consent to the collection, hosting, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the Privacy Policy.
    2. Additional Terms. Your use of the KYS Service is subject to all additional terms, policies, rules, or guidelines applicable to the KYS Service or certain features of the KYS Service that we may post on or link to from the KYS Service (the "Additional Terms"), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the KYS Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  3. Modifications to these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations ("Material Modifications"), we will notify you of the modified Terms by email to the address you provided in your user profile. Material Modifications will be effective upon your acceptance of such modified. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.
  4. Ownership; Proprietary Rights. The KYS Service is licensed and operated by KYS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the KYS Service ("Materials") provided by KYS are protected by intellectual property and other laws. All Materials included in the KYS Service are the property of KYS or our third-party licensors. Except as expressly authorized by KYS, you may not make use of the Materials. KYS reserves all rights to the Materials not granted expressly in these Terms.
  5. Subcontractors. You hereby consent to KYS’s engagement of third parties (including KYS’s affiliates) to perform, or support the performance of, all or any portion of the KYS Service or the KYS website, such as the clinical interpretation service.
  6. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the KYS Service ("Feedback"), then you hereby grant KYS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the KYS Service and create other products and services.
  7. Indemnity. To the fullest extent permitted under applicable law, you are responsible for your use of the KYS Service, and you will indemnify, hold harmless, and, if so directed by KYS, defend KYS and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "KYS Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the KYS Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
  8. Disclaimers; No Warranties

THE KYS SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE KYS SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE KYS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE KYS SERVICE, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE KYS SERVICE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE KYS SERVICE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE VISION DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE KYS SERVICE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KYS IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE KYS SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. THE KYS ENTITIES DO NOT WARRANT THAT THE KYS SERVICE OR ANY PORTION OF THE KYS SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE KYS SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE KYS SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KYS SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE KYS ENTITIES OR THE KYS SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE KYS SERVICE, YOUR DEALING WITH ANY OTHER KYS SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE KYS SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE KYS SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE KYS SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE KYS SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE KYS SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO CONSUMERS IN THE EU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  1. Limitation of Liability

IN NO EVENT WILL THE KYS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE KYS SERVICE OR ANY MATERIALS OR CONTENT ON THE KYS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY KYS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES.

EXCEPT AS PROVIDED IN SECTION 241.E, IF KYS CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF THE KYS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE KYS SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE KYS SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Force Majeure.KYS will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to KYS’s information technology systems by third parties; or (7) other causes beyond the reasonable control of KYS.
  2. Governing Law and Competent Courts. To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and KYS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware County for the purpose of litigating any dispute. We operate the KYS Service from our offices in the United States, and we make no representation that Materials included in the KYS Service are appropriate or available for use in other locations.
  3. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and KYS regarding your use of the KYS Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be granted or withheld at KYS’s sole discretion. Any attempted assignment by you without such consent shall be null and void. We may assign these Terms at any time without notice or consent, to the fullest extent permitted under applicable law. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 8-10, 12, 13, 18, 19, and 21- 25, along with the Privacy Policy and any other accompanying agreements, will survive.
  4. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

  1. Generally. To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and KYS in the most expedient and cost effective manner, you and KYS agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. Opt-Out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting KYS within 30 days of first accepting these Terms of Service and stating that you (include your first and last name, and email address used to register for the KYS Service) decline this arbitration agreement.
  2. Exceptions. Despite the provisions of Section 24A, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and KYS will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at adr.org,by calling the AAA at 1-800-778-7879, or by contacting KYS.
  4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or KYS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or KYS must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, KYS will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by KYS in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.
  5. Fees. If you commence arbitration in accordance with these Terms, KYS will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location, to be agreed upon in Delaware, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse KYS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  6. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND KYS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KYS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.
  7. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.
  8. Modifications to this Arbitration Provision. If KYS makes any future change to this arbitration provision, other than a change to KYS’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to KYS’s address for Notice, in which case your account with KYS will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  9. Enforceability. If Section 24G is found to be unenforceable or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms.
  1. Notices; Consent to Electronic Communications. By using the KYS Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. All notices from KYS intended for receipt by You shall be deemed delivered and effective when sent to the email address provided by You during the registration process or when posted to and made available to you on the KYS Service. If you change the email address provided in connection with your registration to access and use the KYS Service, you must update your address in accordance with the procedures set forth on the KYS Service. By providing your mobile number to us, you consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the KYS Service. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile number in accordance with the Privacy Policy.

PRIVACY POLICY

Information Storage

  • This Privacy Policy applies to all personal uses of our Services globally and you should not use the Services if you do not agree to this Privacy Policy.
  • If you are using our service in or outside the United States, your information is stored in the United States. By using or downloading the Service, you agree that your personal information, including any information about your health that you provide directly to us or that we collect through your use of the Service, may be transferred to and stored in the United States.

The Information We Collect About You and How we use it

We do not sell any personal information collected from your use of the KYS Service.

We collect information directly from you, as well as automatically through your use of our Service. When you register to use the Service, we collect the personal information you provide us, including your name, email address, password, gender, height, and birthdate. We also collect any additional information you choose to add to your profile, including: weight, body mass index (BMI), whether you are a smoker or non-smoker, medical conditions, information related to medications you are taking, patient ID, and activity levels.

  • When You Use KYSPro Service.When healthcare professionals enroll in KYSPro service, we ask the healthcare professional to provide its National Provider Identifier (NPI) number. The KYSPro provides reviews test information through the KYSPro service and has access to your profile information including: name, email address, telephone number, birthdate, gender, medical record number, and any notes, tags, or voice memos the user has submitted. If you are a patient of the the KYS Pro provider, your test and profile data may be stored in the provider’s electronic medical record system, in accordance with their HIPPA compliant processes.

We process your information, including your personal information, for the following purposes:

  • To provide our Service to you, to communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service.
  • To research and develop new products and features, to the extent permitted by law and, where required, with your consent.
  • For marketing, promotional and informational purposes, to the extent permitted by law and, where required, with your consent. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. You can opt-out of receiving these emails at any time as described below.
  • To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to improve our Service and respond to user desires and preferences, and for other analytical purposes.
  • To administer surveys and questionnaires.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.

How We Share Your Information

We do not sell any personal information collected from your use of the KYS Service.

We may share your information, including personal information, as follows:

  • KYS Third Party Partners.With your consent, we may share information from the Service with other third-party partners, including your personal information and data collected from your devices.
  • Your Healthcare Providers Or Family.With your consent, we may share your information, including information collected from your connected devices, with your healthcare providers and/or family members (e.g., immediate family or friends) that you designate to receive your information.
  • Clinical Trial Studies.With your consent, physicians and staff of clinical trial programs may use the Service as a means of collecting data for the trial study. If the Service is used as part of a clinical trial study, we will use and share information about the clinical trial collected through the Service in accordance with our agreement with the clinical trial program and any privacy notices provided to you as part of the clinical trial program.
  • Other Health-focused Mobile Apps.With your consent, we may share your profile information and data collected from your connected devices with other health-focused mobile applications installed on your mobile device to help you track your health and wellness information. If you share your information with these apps, your personal information, including your health information, will be used in accordance with privacy policies for those separate apps, not this Privacy Policy.
  • Aggregate and De-Identified Information.We may share aggregate or de-identified information—so that it cannot reasonably be used to identify an individual—with third parties for marketing, advertising, research or similar purposes.
  • Health Researchers.We may share data collected through the Service with healthcare researchers and other research organizations, including de-identified profile information and data collected from your connected devices. For example, we may share information such as your gender, height, weight, information about medications you have provided, and data from your connected devices, but we will not share your name or other information that could identify you.
  • We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
  • Service Providers.We provide selected information we collect from you to third party vendors, service providers, contractors or agents who perform service functions needed by us to run the business, such as providers of hosting, email communication, customer support services, analytics, marketing, and advertising, based on our instructions, and in compliance with this Policy and any other appropriate confidentiality and security measures.
  • Business Transfers.If we become affiliated or combined with another organization, we will give affected users notice before transferring any personal information to a new entity.
  • In Response to Legal Process.We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
    • Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.
  • To Protect Us and Others.We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which KYS is involved.
  • Third Party Analytics.We use automated devices and applications, such as Google Analytics, to evaluate usage of our Service. We also may use other analytic means to evaluate our Service. We use these tools to help us improve our Service, performance, and user experiences.

Cookies

Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. In addition to improving user experience, we use cookies and similar technologies for analytic and advertising purposes. You can manage your cookies locally by adjusting your browser settings.

Third-Party Links

Our Service may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access to, Storage of and Deleting My Personal Information

You may access and modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Service for a period of time. Your personal data including test data are stored and accessible on your device as well as in the cloud.

We store information associated with your account until your account is deleted. You can delete your account at any time by contacting Customer Support. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

Your California Privacy Rights.

This Privacy Policy complies with the California Consumer Privacy Act (CCPA), which requires that we provide California residents with notice that you have the right to:

  • opt-out of the sale of personal information,
  • know about personal information collected, disclosed or sold,
  • to request deletion of personal information, and
  • to be treated without discrimination should you exercise these rights.

More information regarding the: sources from which we collect personal information can be found above in the section titled "The Information We Collect About You"; business and commercial purposes for which we collect your personal information can be found above in the section titled "How We Use Your Information"; categories of recipients with whom personal information is shared or sold can be found in the section above titles "How We Share Your Information."

We do use cookies on our website that collect and share information collected from your browser for behavioral targeting which is a "sale" under the CCPA. We will not do this if you click the "Do Not Sell My Personal Information" link on the website. In addition you can opt out of all collection of your data for behavioral advertising by visiting networkadvertising.org/choices or aboutads.info/choices.

To make a request under the California Consumer Privacy Act, or for any questions or concerns about our Privacy Policy or practices, please contact us.

I acknowledge the reciept of the following:

NOTICE OF HIPAA PRIVACY PRACTICES

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") requires us to ask each of our patients to acknowledge receipt of our Notice of HIPAA Privacy Practices. The Notice is published on the KYS website. You acknowledge receipt of the Notice by clicking on the "I Acknowledge Receipt of the Notice of HIPAA Privacy Practices" button, or by indicating your acknowledgement in another written or digital manner provided. You can receive a copy of the Notice by asking for KYS , or by printing one from our website at any time.

KYS Group Responsibilities

Under HIPAA, KYS must take steps to protect the privacy of your "Protected Health Information" ("PHI"). PHI includes information that we have created or received regarding your health or payment for your health. It includes both your medical records and personal information such as your name, social security number, financial information, address, and phone number.

Under federal law, we are required to:

  • Protect the privacy of your PHI. All of our employees and physicians are required to maintain the confidentiality of PHI and receive appropriate privacy training
  • Provide you with this Notice of Privacy Practices explaining our duties and practices regarding your PHI
  • Notify you in the case of a breach of unsecured PHI
  • Follow the practices and procedures set forth in this Notice

Uses and Disclosures of Your Protected Health Information That Require Us to Obtain Your Authorization

Except in the situations specifically required by law, we will use and disclose your PHI only with your written authorization. This means we will not use your PHI in the following cases, unless you give us written permission:

  • Marketing purposes, except as allowed by HIPAA or applicable law (by way of example, marketing communications allowed by HIPAA without authorization include communications pertaining to care or treatment and/or our products or services.)
  • Sale of your information.
  • Most sharing of psychotherapy notes.

In some situations, federal and state laws provide special protections for specific kinds of PHI and require authorization from you before we can disclose that specially protected PHI. In these situations, we will comply with the more stringent state laws pertaining to such use or disclosure.

Your Rights Regarding Your Protected Health Information

You have the right to:

  • Request restrictions by asking that we limit the way we use or disclose your PHI for treatment, payment, or healthcare operations. You may also ask that we limit the information we give to someone who is involved in your care, such as a family or friend. Please note that we are not required to agree to your request, except when a restriction has been requested regarding a disclosure to a health plan in situations where the patient has paid for services in full and where the purpose of the disclosure is for payment. If we do agree, we will honor your limits unless it is an emergency situation.
  • Ask that we communicate with you by another means. For example, if you want us to communicate with you at a different address, we can usually accommodate that request. We may ask that you make your request to us in writing. We will agree to reasonable requests.
  • Request an electronic or paper copy of your PHI. We may ask you to make this request in writing and we may charge a reasonable fee for the cost of producing and mailing the copies, which you will receive usually within 30 days. In certain situations, we may deny your request and will tell you why we are denying it. In some cases, you may have the right to ask for a review of our denial.
  • Ask to amend PHI we created that you feel is incorrect or incomplete. Your request for an amendment must be in writing and provide the reason for your request. In certain cases, we may deny your request, in writing. You may respond by filing a written statement of disagreement with us and ask that the statement be included with your PHI.
  • Seek an accounting of certain disclosures by asking us for a list of the times we have disclosed your PHI. Your request must be in writing and give us the specific information we need in order to respond to your request. You may request disclosures made up to six years before your request. You may receive one list per year at no charge. If you request another list during the same year, we may charge you a reasonable fee. These lists will not include disclosures made for treatment, payment, or healthcare operations and certain other disclosures as permitted by law.
  • Request a paper copy of this Notice.
  • Receive written notification of any breach of your unsecured PHI.
  • File a complaint if you believe your privacy rights have been violated. You can file a written complaint with us at the address below, or with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visitinghhs.gov/ocr/privacy/hipaa/complaints. We will not retaliate against you for filing a complaint.

Communication Platforms

We may also use PHI to send you appointment reminders and other communications relating to your care and treatment, or let you know about treatment alternatives or other health related services or benefits that may be of interest to you, via email, phone call, or text message.

If you choose to communicate with us via emails, texts or chats, you acknowledge that we may exchange PHI with you via email, text or chat, that email, text and certain chat functionality may not be a secure method of communication, and that you agree to the security risks of such communication. If you would prefer not to exchange PHI via email, text or chat, you can choose not to communicate with us via those means.

Changes to Privacy Practices

KYS may modify this Notice from time to time. The revised Notice will apply to all PHI that we maintain. We will make any such changes to this Notice by posting the revised Notice on our website. The date of the last update will be clearly indicated at the top of this Notice. Please review this Notice from time to time to ensure you are familiar with our HIPAA privacy practices.

Questions and Complaints

If you have any questions about this Notice or would like an additional copy, please contact our Privacy Officer at info@keepyoursight.org