MedPics Privacy Policy

 

Effective September 5th 2016

 

The MedPics Privacy Policy describes how MedPics and its upload cloud service provided by Ambra Health (former Dicom Grid) treats personal information when you use MedPics. In addition, the following describes our privacy practices that are specific to MedPics, a service that enables patients to upload medical images from CDs to the server and give anybody by e-mail access to the images who has also an account with MedPics and to connect to Medical Imaging Expert Physicians worldwide. It describes how medical information may be used and disclosed and how you can gain access to this information, whether you are a patient or Medical Imaging Expert Physician. All these policies apply also to Ambra Health (www.ambrahealth.com), which provides the server and the upload function.

Also MedPics provides a service to establish a connection between an Imaging Center and a Medical Imaging Expert for final reads (Teleradiology).

 

We have the right to change the terms of this notice and our privacy policy immediately upon notice. Changes will be announced on the website, but not every user will be notified individually. We reserve the right to make any revised notice effective for information we already have and for information we receive in the future.

We will post the revised notice on www.medpics.com . The effective date will be posted on the first page of the notice.

As a patient you are in control of your information

1.     You as the patient control, which Medical Imaging Expert Physician identified on MedPics can access your personal health information. You decide if you want the medical images to be uploaded with or without  (anonymized) your personal identifier, such as name, date of birth.  The images remain on the Ambra Health server for 7 years. The Ambra Health Server is located in the USA. This also applies to the upload of all medical images in general on MedPics.

Please note that you as the patient yourself can directly delete your uploaded images on MedPics at any time.

However, be aware that the Medical Imaging Expert, to protect her/himself, has the right and might have downloaded your image file to her/his personal computer, including the attached text document, for purpose of legal protection Ð like a Medical Office would keep a file of the images.

The exchange of information on MedPics chat site, including the written report, by the Medical Imaging expert will be stored on the MedPics server, also located in the USA.

All information including the medical images and the attached medical report the chat profile as well as the requested written report can at any time be downloaded on the personal computer by all involved parties, including the patient, the Medical Imaging Expert and MedPics.

2.     MedPics and the Medical Imaging Expert Physicians will not sell, rent, or share your information (identified or de-identified) without your explicit consent, except in the limited situations described in the MedPics Privacy Policy, such as when MedPics believes it is required to do so by the law of the USA, where the server is located.

3.     As soon as the patient sets up a free account and uploads medical images to  MedPics the process starts. The patient gives MedPics permission to send the medical information (images, documents) and store them up to 7 years to the Ambra Health Server.  Patient can simply store the images or grant access to anybody by e-mail, or contact a Medical Imaging expert for consultation. As soon as the patients hits the button Òstart negotiation of consultÓ the Medical Imaging Expert is able to see the pictures submitted, even before a price for the consultation is agreed on. This is necessary for the Medical Imaging Expert to see the scope of the consultation and to set a realistic price. This also applies to an attached text document. However, the patient can delete the consultation and therefore access of the Medical Imaging expert to the images and text document at any time.

The patient can delete the uploaded images on MedPics herself/himself at any time.

4.     The Medical Imaging Expert Physicians may be located in different countries. To the maximum extend allowed by law, MedPics privacy policy is only guided by the US Insurance Portability and Accountability Act, or HIPAA. Ambra Health also provides privacy Protection to you.

5.     Ambra Health as the provider of the upload function and server for MedPics complies with US laws since the server is located in the US but complies also with the US-EU Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Ambra Health has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.

 

6.     In compliance with the US-EU Safe Harbor Principles, Ambra Health commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens or other users of MedPics Services with inquiries or complaints regarding this privacy policy should first contact MedPics at:

MedPics LLC .

16192 Coastal Highway

Lewes, Delaware, 19958 USA

 

Or contact us through the www.medpics.com website by e-mail

 

7.     Ambra Health has further committed to refer unresolved privacy complaints under the US-EU Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if Ambra Health does not satisfactorily address your complaint, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

 

8.     If you have additional questions, please contact us any time thorough our online helpdesk or write to us at:

 

MedPics LLC .

16192 Coastal Highway

Lewes, Delaware, 19958 USA

 

 

 

You can also contact directly

 

Ambra Health Headquarters

222 Broadway

18th Floor

New York, NY 10038

 

www.ambrahealth.com

Tel: 888 587 2280

 

 

 

 

 

 

 

 

 

 

 

 

MedPics - website User Agreement for Patients

 

www.medpics.com is operated by MedPics LLC incorporated in Delaware, USA.

 

Your access and use of this website signifies your acknowledgement and agreement to the following terms and conditions disclosure, and our Privacy Policy. The terms and conditions outlined in this Agreement are subject to change at any time without notice by MedPics. You should read these terms and policies as you are agreeing to follow them by accessing and using this site.

 

You assume full responsibility for the use of any and all information on this site and expressly hold MedPics harmless for it. You understand that MedPics is not responsible for any claim, damage, or loss from its use by you or any user. We disclaim any warranty of accuracy, timeliness, completeness, merchantability, or fitness for a particular purpose. This site is not guaranteed to be error or virus free. We reserve the right to either temporarily or permanently discontinue this website and the services at any time.

 

YOU ARE RESPONSIBLE FOR READING THIS AGREEMENT CAREFULLY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED ON THIS WEBSITE.

 

If you are having a medical emergency, call the appropriate Emergency medical service, for example 911 in the USA immediately. Do not attempt to communicate with providers through this website for urgent or emergent medical situations through electronic means or otherwise. The services of MedPics are not appropriate for use in urgent or emergency situations.

 

MedPics provides only a platform where you can upload your medical Images to a server and by e-mail give anybody; being a member on MedPics, free access to your images. In addition MedPics also provides a platform where you can find Medical Imaging Experts (Physicians) worldwide for the purpose of consultation about medical imaging, which already have been uploaded through MedPics. The Upload function is provided to MedPics by Ambra Health (former Dicom Grid), 222 Broadway 18th floor, New York, NY 10038. Ambra Health also provides the server, located in the USA where the images will be stored for the duration of 7 years. MedPics assumes no responsibility or liability for the service executed by the Medical Imaging Expert. The Medical Imaging Experts are not employees or independent contractor of MedPics and use MedPics only to present their profile and service.

 

Medical Disclaimer & Health Content

 

MedPics provides only the platform and does not provide medical advice or services. This website is not an attempt to practice medicine. Use of this website does not establish a doctor-patient relationship.

 

The content of this website, including text, images, graphics, and interactive features is designed to be for educational and reference use only. The content is not intended to be complete or exhaustive and is not applicable for use in the treatment of any individual specific medical condition.

 

The information on this website should never be interpreted nor used for medical advice. The content on this website should never be used too replace, overrule, or augment the judgment of a health care provider. The patient agrees to consult with a qualified licensed health care provider and to follow that  medical advice. The content of this website should not be relied upon as a basis for delay or refusal of medical treatment from a qualified licensed medical practitioner. Access and use of MedPics website does not establish a doctor-patient or any other type of health care provider-patient relationship with MedPics. Your treating health care provider remains responsible for your evaluation, diagnosis, and treatment. The submission of a request for MedPics services does not establish a doctor-patient relationship or any other type of health care provider-patient relationship.

 

Release of Liability

 

You assume full responsibility for the use of information on the MedPics website. You understand and agree that MedPics and its respective, physicians, employees, contractors and/or agents are not responsible or liable for any claim, loss, or damage from use of this site.

You agree that MedPics and its respective physicians, employees, contractors and/or agents are not responsible or liable for any direct or indirect damages from the use or reliance of the services provided by MedPics.

MedPics does not make any representation or warranty about the timeliness of responding to requests for services or the timeliness in which a report will be generated after a request for services is received and an agreement is reached.

 

ACCESS TO MEDPICS AND THE INFORMATION CONTAINED ON MEDPICS IS PROVIDED ÒAS ISÓ AND ÒAS AVAILABLEÓ WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LMITED TO, THE IMPLIED WARRANTIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON MEDPICS OR THE INFORMATION IN MEDPICS, INCLUDING INACCURATE OR INCOMPLETE INFORMATION, IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL MEDPICS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXAMPLARY DAMAGES, INCLUDING BUT NOT LMITED TO, LOSS OR PROFITS OR REVENUES, LOSS OF USE, OR LOSS OF INFORMATION OR DATA, WHEATHER A CLAIM FOR ANY SUCH LIABILITY OR DAMGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORIES OF LIABILITY, EVEN IF MEDPICS HAS BEEN APPRISED OF THE POSSIBILITY OF LIELIHOOD OF SUCH DAMGES OCCURING. MEDPICS DISCLAIMS ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICES PROVIDERS AND MEDPICS.

 

GENERAL INDEMNITY. PATIENT MUST INDEMINFY, DEFEND AND HOLD HARMLESS MEDPICS AGAINST ALL THIRD-PARTY CLAIMS (INCLUDING WITHOUT LIMITATION BY GOVERNMENTAL AGENCIES). DEMANDS, DAMAGES, COSTS, PENALTIES, FINES AND EXPENSES (INCLUDING RESONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF OR REALTED TO: 1.) PATIETNSS BREACH OF ANY TERM IN THE AGREEMENT; 2.) ANY UNAUTHORIZED USE, ACCESS OF DISTRIBUTION OF THE SERVICE OF PATIENT; 3.) VIOLATION OF ANY INDIVIDUALS PRIVACY RIGHTS RELATED TO INFORMATION SUBMITTED UNDER PATIENT'S ACCOUNT, FALSE; 4.) DUPLICATE, INCOMPLETE, UNAUTHORIZED OF MISLEADING INFORMATION SUBMITTED UNDER PATIENT'S ACCOUNT OR BY PATIENT.

 

YOU DO HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE MEDPICS ITS SUCCESORS, ASSIGNS, SHARHOLDERS, MEMBER, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS (ÒRELEASED PARTIESÓ) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OF CHARACTER, IN WHOLE OF IN PART WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATED TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF USE OF THE STYSTEM, INCLUDING BODILY INJURY AND DEATH.

 

Privacy

By accessing the MedPics website, you agree to accept the MedPics website Privacy Policy. MedPics protects the privacy and security of Protected Health Information (PHI) to the extent and as defined by The US- Health Insurance Portability and Accountability Act (HIPAA). Please visit the MedPics Privacy Policy page for further information about our privacy practices and your privacy rights. Both electronic and paper copies of the MedPics Notice of Privacy Practices are available.

MedPics respects your privacy and will take reasonable steps to ensure the confidentiality of personally identifiable information that you provide. We cannot guarantee and do not provide any warranty against intentional or unintentional security breaches.

When using the MedPics website, including the forms and medical image file up loader, information will be transmitted over a medium that is beyond the total control of MedPics and its affiliates, contractors, and agents.

 

YOU HEREBY EXPRESSLY SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE MedPics WEBSITE, FORMS, FILE UPLOADER, OR OTHER CONTENT OR FUNCTIONALITY.

 

Once we have received your personal health information, we utilize encrypted communications and storage systems to protect the privacy and security of your medical information. We have implemented mechanisms for limiting access to stored medical information. We have mechanisms for logging and monitoring access to medical information we store. We collect and store information for the purposes of providing the opinions requested. You will be prompted to create a user ID and password for security purposes when using MedPics services. It is your responsibility to keep your User ID and Password information secure. MedPics cannot prevent an individual with your User ID and Password from accessing your medical information. If you believe that your User ID and Password has been compromised, it is your responsibility to contact MedPics promptly. While we will make every reasonable effort to make a timely resolution of the security breach, we make no warranties as to timeliness and take no responsibility for information accessed during the period of time between the notification of the security breach and its resolution.

 

By accessing and/or submitting/uploading personal information to this site, you authorize a disclosure of medical information to MedPics for the purpose of storing the images over a period of seven years and for obtaining an opinion regarding a medical imaging study. By submitting this information, you acknowledge disclosures of medical information in compliance with the terms set forth in the MedPics Website Privacy Policy. The report, interpretation, or statement will be sent to the individual Medical Imaging expert designated by you. The Medical Imaging Expert can view your images and reports even before you agree on a price to assess the amount of work required to answer your questions. Your authorization to disclose information as set forth in this statement and the MedPics Website Privacy Policy is effective immediately. If you would like to modify this authorization, refer to the MedPics Website Privacy Policy for further detail.

 

MedPics web server collects and saves default information customarily logged by internet server software for the purpose of standard ÒtrafficÓ monitoring, including the following: originating IP address and domain name, date and time, pages/objects requested, and completion status. Certain information submitted on the website is transmitted to third parties as necessary for payment processing.

 

As soon as the medical images are uploaded the medical images remain stored on the server and you can give access to anybody of your choice by e-mail or you can give access to your images to one or multiple other Medical Imaging Expert, if warranted. In addition, at any time you can yourself delete your medical images from the server. You have also the option to upload any images anonymously as well (more details see ÔMedPics privacy policy).

 

Nature and Limitations of Services Provided

In addition to the service to store medical images, the remote medical imaging consultation services provided through MedPics differs from the diagnostic services typically provided by a physician in general. The medical practitioners presenting on MedPics and providing services do not have the information that would be obtained through an in-person visit or a physical examination. Furthermore, access to your medical record may be limited due to the failure to transmit or receive information in an appropriate, readable format. Due to the inherent limitations of information availability for the physicians presenting on  MedPics, the consultation will not be shared with your personal, local physician. By proceeding forward to engage the services of MedPics, you acknowledge these limitations.

 

The Medical Imaging Expert Physicians presented on MedPics are not employees or independent contractors of MedPics but are solely independent from MedPics and are responsible for their own acts and liability. The fee for the service can be fixed or is negotiable between the patient and the Medical Imaging Expert Physician. Medical Imaging Expert Physicians will be accepted to be presented on MedPics after their medical license was approved by MedPics staff. However, the review process is understandably limited and MedPics cannot be held reliable or responsible for false information nor fraud engaged in by the Medical Imging Expert Physician.

 

 

You must and do hereby agree:

á         The remote opinion provided is not intended to replace an in-person visit with a physician or a full medical or radiological evaluation

á         The Medical Imaging Expert Physician providing the remote opinion has limited access to information relative to an in-person physician

á         The remote opinion you receive is limited and provisional

á         The remote opinion should be utilized in conjunction with an in-person evaluation and consultation with your personal/treating physician

á         You will not independently undertake treatment decisions based on the remote opinion provided by the Medical Imaging experts through MedPics, but agree to discuss the results and arrive at a treatment plan during an in-person consult with a physician

á         Because of the limitations of a remote opinion, the information and services provided by MedPics does not establish a doctor-patient relationship with MedPics and should not be used for the establishment of a non-provisional diagnosis, or definitive treatment planning

á         Your treating physician remains responsible for your care, including evaluating the report and communicating information to you

á         You will not use the Medical Imaging Experts Physician opinion in any legal proceeding without the express written permission of the Medical Imaging Expert. Any request to use an opinion in a legal proceeding first must be submitted in writing to the Medical Imaging Expert with a full explanation of the circumstances of the case and the identities of the parties involved.

 

 

Payment

The storage of medical images on MedPics will result in a fee per uploaded case which can be subject to change and will be specified on the website after having set up an account. You are responsible for all fees charged by the Medical Imaging Expert Physician through MedPics for services provided. We do not accept payment in the form of cash, check, or money order. Major credit cards (American Express, Discover, Visa, & MasterCard) and PayPal are the accepted means of payment. You agree to allow us to charge your credit card or PayPal account for services as they are rendered. Following submission of your credit card information, MedPics maintains the right and patient expressly agrees to utilize your credit card for payment of any services rendered under MedPics. If we are unable to bill your credit card or electronic funds transfer account, we will send you an invoice. Your request for services from MedPics will not be fulfilled until payment has been received and verified. All fees for services provided by Medical Imaging Expert Physicians through MedPics must be paid in advance. MedPics is not responsible for obtaining insurance reimbursement and will not pursue insurance reimbursement on your behalf. If you would like to pursue insurance reimbursement for your expenditures, you must do this independently. Information submitted on the website is transmitted to third parties as necessary for payment processing.

 

The fee for the service provided by the Medical Imaging Expert Physician through MedPics can be fixed or can be negotiated based on the choice of the Imaging Expert Physician. MedPics provides only the platform for the transaction.

 

Intellectual Property and Proprietary Information:

All trademarks, services marks, intellectual property or copyrightable materials contained on this site are registered, protected or copyrighted under Delaware (USA) law or the law of other jurisdictions and may not be reproduced, displayed, published, or broadcast unless otherwise noted.

 

This Agreement and all services provided by MedPics shall be governed by and construed in accordance with the laws of the Delaware (USA) without regard to its conflicts of laws rules.

 

MedPics grants a limited license to each user to make personal use only of the website and the associated services in accordance with these terms and conditions of use. The limited license granted to each user for personal use expressly doe not allow or authorize, without limitation, any reproduction, duplication, sale, resale, or other commercial use of the website and associated services. The limited license expressly excludes use for data mining, collection of e-mail address, collection of medical information, or creation of a derivative website. Reproduction of the content, in whole or in part, by any means, is prohibited without the express written consent of MedPics.

 

No Warranties

This site and all other sites hosted, owned, or created as well as any service provided by MedPics and the content contained therein are provided by MedPics on an Òas isÓ basis. We disclaim any representations or warranties of any kind, express or implied, including, but not limited to, warranties of accuracy, timeliness, completeness, merchantability, or fitness for a particular purpose. This site is not guaranteed to be error or virus free. MedPics reserve the right to either temporarily or permanently discontinue this website and the services. MedPics also preserves the right to disable or close the account of any user in case of breach of the privacy policy and user agreement.

 

 

YOU DO HEREBY REMISE, RELEASE, AQUIT AND FOREVER DISCHARGE MEDIPICS ITS SUCESSORS, ASSIGNS, SHARHOLDERS, MEMBERS, OFFICERS, DIRECTORS AFFILIATES , EMPLOYEES AND AGENTS (ÒRELEASED PARTIESÓ)  OF AND FROM ANY AND ALL LIABILITIES, CLAIMS REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OF CHARACTER, IN WHOLE OR IN PART WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECELTLY OR INDIRECLTLY  RELATE TO, RESULT FROM , ARE BASED UPON, OR ARISE OUT OF USE OF THE SYSTEM, INCLUDING BODLILY INJURY AND DEATH.

 

 

Accuracy

MedPics does not make any representation or warranty about the accuracy of the information provided on this website. We disclaim any express or implied warranties, including warranties for fitness for a particular purpose or merchantability.

 

External Links

The site contains links to other websites. MedPics does not make any representation or warranty over external websites, included those linked to on this website. This agreement does not apply to external sites that are provided as links. Links to external websites do not constitute endorsements. External websites may have terms of use that differ from those set forth in this agreement.

 

Limitation of Liability

Third Parties provide some information on the MedPics site. MedPics shall not be held responsible for such Third Party material. MedPics disclaims any responsibility for or liability related to such Third Party material and any complaints, claims, or questions should be directed to the appropriate Third Party.

 

General

By using MedPics, you agree that the laws of Delaware (USA) without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and MedPics, the Medical Imaging Expert Physicians using MedPics, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with MedPics, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of the state of Delaware (USA) and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Delaware (USA) in connection with any claim involving MedPics, its Medical imaging expert physicians, employees, subsidiaries, contractors, officers and directors.

 

About These Terms

If you do not agree with the modified terms, you should not access this site or use the services of MedPics. We reserve the right to modify these terms or add any additional terms. You should review these terms and MedPics Notice of Privacy Practices regularly. These terms only apply to the relationship between the user and MedPics; they do not create any third party beneficiary rights. If there is a conflict between these terms and additional terms, the additional terms will control for that conflict. If a term is unenforceable, this does not affect the validity of any other terms.

 

Please note that MedPics has the right to change the User Agreement for Patients at any time and when so, changes will be announced on the website, but not every user will be notified individually.