Notice of Privacy Practices

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

Navigo Health’s Commitment to Your Privacy

Navigo Health is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to a) your past, present or future physical or mental health or condition, b) the provision of healthcare to you, or c) your past, present, or future payment for the provision of healthcare. In conducting its business, Navigo Health will receive and create records containing your PHI. Navigo Health is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI. Navigo Health must abide by the terms of this Notice while it is in effect. This current Notice takes effect on August 1st 2017, and will remain in effect until Navigo Health replaces it. Navigo Health reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Navigo Health changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Navigo Health changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.

Security

We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us outside of the community features of the Service from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to help protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including Navigo Health, can fully eliminate security or other risks associated with the possession of Personal Information. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND Navigo Health DOES NOT AND CANNOT GUARANTEE THAT PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, OUR SERVICE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT Navigo Health DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT UNAUTHORIZED USERS (SUCH AS HACKERS) MAY OBTAIN ACCESS TO OR DAMAGE OUR SERVICE OR PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU. Furthermore, we cannot be responsible for any personally identifiable information about you that you release on your own, or that you request or authorize us to release, or that you choose to make available through the community features of the Service. You are responsible for maintaining the confidentiality of your login information and password. If you believe that there has been a breach of security of your account you can notify us at Navigo Health at any time upon request. To obtain a paper copy of this notice, please contact Navigo Health by emailing Navigo Health at any time upon request. To obtain a paper copy of this notice, please contact support@navigohealth.com

Uses and Disclosures of PHI

Navigo Health may use and disclose your PHI in the following ways:

1. Treatment, Payment and Healthcare Operations. Navigo Health is permitted to use and disclose your PHI for purposes of a) treatment, b) payment and c) healthcare operations. For example:
   • Treatment. Navigo Health may disclose your PHI to another physician or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.
   • Payment. Navigo Health may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.
   • Healthcare Operations. Navigo Health may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. Navigo Health may engage third parties to provide various services for Navigo Health. If any such third party must have access to your PHI in order to perform its services, Navigo Health will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
2. Authorization. Navigo Health is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time.
3. As Required by Law. Navigo Health may use and disclose your PHI to the extent required by law.

Special Circumstances

The following categories describe unique circumstances in which Navigo Health may use or disclose your PHI:

1. Public Health Activities. Navigo Health may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. Navigo Health may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
2. Workers’ Compensation. Navigo Health may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
3. Health Oversight Activities. Navigo Health may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
4. Judicial and Administrative Proceedings. Navigo Health may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
5. Law Enforcement. Navigo Health may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
6. Decedents. Navigo Health may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
7. Organ Procurement. Navigo Health may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation
8. Research. Navigo Health may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
9. Threat to Health or Safety. Navigo Health may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
10. Specialized Government Functions. Navigo Health, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. Navigo Health may also disclose PHI to federal officials for intelligence and national security purposes.

Your Rights Regarding Your PHI

You have the following rights regarding the PHI maintained by Navigo Health:

1. Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that Navigo Health communicate with you through alternate means or at an alternate location, and Navigo Health will accommodate your reasonable requests. You must submit your request in writing to Navigo Health.
2. Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that Navigo Health restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to Navigo Health. Navigo Health is not required to comply with your request. However, if Navigo Health agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency.
3. Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to Navigo Health. Navigo Health may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Navigo Health may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, Navigo Health will inform you of the reason for the denial, and you may request a review of the denial.
4. Amendment. You have a right to request that Navigo Health amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by Navigo Health. You must submit your request in writing to Navigo Health and provide a reason to support the requested amendment. Navigo Health may, under certain circumstances, deny your request by sending you a written notice of denial. If Navigo Health denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.
5. Accounting of Disclosures. You have a right to receive an accounting of all disclosures Navigo Health has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to Navigo Health and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, Navigo Health may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. Navigo Health will inform you of such costs in advance, so that you may withdraw or modify your request to save costs.
6. Breach Notification. You have the right to be notified in the event that Navigo Health (or a Navigo Health Business Associate) discovers a breach of unsecured PHI.
7. Paper Copy. You have the right to obtain a paper copy of this Notice from Navigo Health at any time upon request. To obtain a paper copy of this notice, please contact Navigo Health by emailing Navigo Health at any time upon request. To obtain a paper copy of this notice, please contact compliance@navigohealth.com.
8. Complaint You may complain to Navigo Health and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with Navigo Health, you must submit a statement in writing to Navigo Health: Attn: Security Officer, 6408 Bannington Rd, Suit B, Charlotte, NC 28226. Navigo Health will not retaliate against you for filing a complaint.
9. Further Information. If you would like more information about your privacy rights, please contact Navigo Health by calling Navigo Health and ask to speak to the Privacy and Security Officer. To the extent you are required to send a written request to Navigo Health to exercise any right described in this Notice, you must submit your request to Navigo Health at: Attn: Security Officer, 6408 Bannington Rd, Suit B, Charlotte, NC 28226.

Welcome to the Navigo Health website. Navigo Health saves money on out of pocket medical and prescription drug cost and related products, services and content (collectively the “Navigo Health Services”).

Terms & Conditions

The Navigo Health Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions and you should therefore periodically visit this page of the website and print the latest version of the Terms of Use for your records.

Use of Service

NOT FOR EMERGENCIES. The Navigo Health Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Copyright Notice

The contents of this site, including but not limited to the text and images herein and their arrangement, are copyright © 2017 by Navigo Health, LLC located at 6408 Bannington Rd, Suit B, Charlotte, NC 28226. All Rights Reserved.

Your Account

You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the Navigo Health Services under your own name and to use the Navigo Health Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password, and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify Navigo Health of any unauthorized use of your password or other security concerns of which you become aware.

In circumstances shall Navigo Health’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site.

Legal Notices and Disclaimers

General Disclaimers

YOU ACKNOWLEDGE THAT YOUR USE OF THE Navigo Health SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Navigo Health AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Navigo Health AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE Navigo Health PRODUCTS AND SERVICES PROVIDED HEREUNDER.

Navigo Health MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE Navigo Health SERVICES.

Limitation of Liability

IN NO EVENT SHALL Navigo Health NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Navigo Health NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Navigo Health IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

Privacy

Navigo Health respects your privacy and takes privacy very seriously. By accepting this Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us as outlined in our Privacy Policy, which is incorporated herein by reference.

General Legal Provisions

Third Party Sites. Although the Navigo Health may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by Navigo Health. Navigo Health takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does Navigo Health take responsibility for the privacy policies and practices of these third-party links.

Operation and Record Retention

Navigo Health reserves complete and sole discretion with respect to the operation of the Navigo Health Services. Navigo Health may, among other things withdraw, suspend or discontinue any functionality or feature of the Navigo Health Services. Navigo Health is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Navigo Health is not responsible for maintaining data arising from use of the Navigo Health Services. Navigo Health reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Navigo Health Service pursuant to its internal record retention and/or destruction policies.

Limitations on Use

You agree not to access or use the Navigo Health Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of Navigo Health or any of its affiliates. Navigo Health reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Navigo Health AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH A Navigo Health PHYSICIAN, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH Navigo Health, OR ANY NEGLIGENT OR WRONGFUL USE OF THE Navigo Health SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights

The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of Navigo Health, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination

This Terms of Use shall commence upon the date you complete the registration process with Navigo Health. Either you or Navigo Health may terminate this Terms of Use and your right to use the Navigo Health Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the Navigo Health Service promulgated by Navigo Health from time to time. Upon any termination, you will destroy all copies of Navigo Health materials in your possession and cease any access to or use of the Navigo Health Services.

Navigo Health may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Navigo Health Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the Navigo Health account information. You may give notice to Navigo Health at any time via electronic mail to support@1800md.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Navigo Health, 6408 Bannington Rd, Suit B, Charlotte, NC 28226.

The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement

This Terms of Use, together with any Navigo Health rules or policies referred to herein, represents the complete agreement between you and Navigo Health concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. Navigo Health may modify this Terms of Use as set forth above.

You may not assign, transfer or delegate this Terms of Use or any part of it without Navigo Health’s prior written consent. Navigo Health may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to Navigo Health must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Navigo Health Services or web site.

Protecting Children

Navigo Health is designed and intended for use by adults. It is not intended for, nor designed to be used by children under the age of eighteen. A parent or guardian, however, may use Navigo Health on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.