SymTrend, Inc. takes great care in protecting the information about you that
you enter onto our site. On the site you will be able to check at any time to
see who has had access to your information. Email
us if you believe there has been unauthorized access.
Privacy and Confidentiality
Use and Disclosure
Rights and Obligations
Web Log Files
While this Internet website is available to users ("Users") generally, it provides
increased access and functionality for individuals who have registered to use
it to help track certain health information about themselves ("Clients"), and
for their clinicians ("Clinicians"), who also must register. The following privacy
policy applies to all Users, except those provisions which indicate they apply
specifically to Clients or Clinicians.
IMPORTANT NOTICE TO CLIENTS
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.
INFORMATION YOU OBTAIN FROM THIS WEBSITE AND FROM THE SERVICES PROVIDED BY SYMTREND,
INC. IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND CARE.
PLEASE SEEK PROFESSIONAL CONSULTATION FOR ANY MEDICAL ADVICE AND TREATMENT.
1. Privacy and Confidentiality
We have taken great care to create a secure and safe online environment that
is dedicated to Users' privacy and confidentiality. We maintain physical, technical
and administrative safeguards designed to secure data against foreseeable risks
such as unauthorized use, access, disclosure, destruction and modification.
2. Use and Disclosure
SymTrend limits the ways in which personal information about our Users may be
used, and also limits the persons to whom such information may be disclosed.
"Personal Information" is information which can be identified or associated
with a User personally, such as his/her name, email address, payment information,
medical history, and health information. Some of this information is gathered
during the Client and Clinician registration process, and other information
is gathered at other times, such as when Clients upload data into our web site
or add Care Records. All personal information about Users is made accessible
to SymTrend employees on a need-to-know basis.
Personal information about Clients can only be disclosed to third parties in
certain circumstances, in providing services for which the Clients have subscribed,
maintaining our system, or providing treatment, payment and health care operations.
SymTrend may make personal information about a User available to trusted partners
the company hires to perform services for it. When this happens, SymTrend will
take appropriate steps to ensure that the information is treated confidentially
by these partners. These partners do not have any independent right to share the
information with anyone. SymTrend also makes Client information available to clinicians
and medical care professionals whom the Client has selected, and who have registered
with SymTrend. Clinicians who register with us must provide their specialty and
institutional affiliation. We cannot control, however, and we make no
warranties or representations regarding how the clinician or others who you authorize
to receive the information will treat that information.
Information we gather regarding from Clients' payment information is maintained
separately from individual health care and logging data.
SymTrend's use and disclosure of non-identifiable information about Clients is subject
to a consent agreed to by the Clients before using the system. A Client has
the right to revoke this consent at any time, except to the extent SymTrend
has already taken actions in reliance on the existing consent. Any request to
revoke this consent must be made in writing, and sent to SymTrend at 89 Bay State Rd., Belmont, MA 02478-2240. SymTrend will inform the Client at the email address
provided with his/her consent when the request has been processed.
Personal information provided regarding Clinicians (such as name and
area of specialty) will be available to our Clients who are subscribers.
Note that some information that is maintained by SymTrend cannot be identified
with a User personally and/or is not confidential. For example, SymTrend may
solicit questions or answers to questions or comments and suggestions from Users.
We do not link personally identifiable information about Users to such questions,
answers, comments or suggestions. Also, SymTrend may use data, WITHOUT IDENTIFYING
INFORMATION (with names, e-mail addresses removed), to compile general health
statistical data to be used in providing guidelines for the treatment of individuals
with similar complaints, ages and genders. Because such data does not contain
information that could be associated with any User personally, it is not "personal"
information subject to the use and disclosure restrictions set forth in this
SymTrend may in the future sell or otherwise transfer some or all of its business
operations to a third party. In such event, some or all information collected by SymTrend
at this site may be transferred to the third party or an affiliate, but SymTrend intends to
We will only contact Users, without explicit permission, about system status
information and account information, as part of the registration process, or
in response to inquiries.
added and as laws and the Internet itself changes. We will notify Clients and
Clinicians of any changes to our policy on use and disclosure of personally
identifiable information through the email address provided to us during the
registration process. In addition, we will also update our Privacy Statement
on this web page to reflect any such changes.
Some individuals become Users through a clinic, research project or school. In most
cases, the institution has its own Privacy policies about SymTrend "Uses and Disclosures" and its
own processes for providing links to Client accounts. In addition, such institutions may have
policies allowing clinician/staff to enter data into Health Logs in the User's account. In
such cases, SymTrend is not responsible for access by others at that institution.
3. Rights and Obligations Regarding Clients
By law, Clients have certain rights regarding the use and disclosure of personal
information about them:
- Clients have the right to request certain restrictions on the use and disclosure
of certain health information about themselves. SymTrend is not required to
agree to these requests, but if it does so, it is bound by them. Such requests
must be sent in writing to SymTrend at 89 Bay State Rd., Belmont, MA 02478-2240.
- Clients have the right to receive confidential communications of protected
health information about themselves.
- Clients have the right to inspect and copy personal health information about
them that is maintained by SymTrend.
- Clients have the right to amend or correct personal health information about
- Clients have a right to receive an accounting of disclosures of personal
health information about themselves by SymTrend. Those who subscribe through a separate
institution will have to receive the accounting through that institution.
SymTrend or writing SymTrend, Inc., 89 Bay State Rd., Belmont, MA 02478-2240.
If you have any questions about these rights, please write to SymTrend, Inc., 89 Bay State Rd., Belmont, MA 02478-2240.
By law, SymTrend has certain obligations to its Clients:
4. Children's Privacy
- SymTrend must maintain the privacy of personal health information about
its Clients and provide them with notice of its legal duties and privacy practices
with respect to such information.
- SymTrend must provide Clients with proper notice before changing the terms
during the registration process.
SymTrend strives to protect and care for the privacy of children in the same
manner as we believe their parents would. Like all members, we are take the
privacy of information about child members very seriously. In some respects,
we all take additional steps regarding members under 13 years old. Consistent
with the Children's Online Privacy and Protection Act of 1998 ("COPPA"), we
will not register or otherwise collect Personal Information from persons who
identify themselves as being under the age of 13 during the registration process
without the prior verifiable consent of that person's parent or guardian. All
information provided about children must be obtained and entered with the specific
consent of a parent or legal guardian. Any inadvertently gathered information
from a child will be deleted and we will not share any such information with
any third party.
5. In-memory Cookies
SymTrend uses both session (in-memory cookies which are created when Users log on, and exist
only as long as the User has his/her browser open) and persistent (persist beyond
the session) cookies. A session cookie is necessary to access certain features available
on our site and our site will not work properly if the browser is set to reject
the session cookies. These session cookies become useless when the User logs off, or after 15-minutes
of no activity on the system. For this reason it is imperative that Users log
off the system at the end of a session, particularly if using a shared machine. The persistent
cookies are used by us to monitor functioning of the system in a similar fashion to that
described in the web log files paragraph below. We use a
third party entity's software to do this, but they have signed a HIPAA (Health Information
Portability and Accountability Act) compatible
third party contract with us to not use this information in any way except in our reports.
These are not required for your use of SymTrend and you may block them if you wish.
6. Web Log Files
SymTrend uses standard web logs that collect and store basic data about Users
including the date and time of the visit, what pages of our site were viewed,
the IP address of the computer used, the browser used, how long the User stayed
on the site and other such information. Information such as name and email address
are not collected during this process. Web logs are used by SymTrend to improve
our site and to better service our Users' needs and interests.
We do not normally seek to identify individuals from web logs unless we have
reason to believe that there has been a violation of computer security or related
laws. In such circumstances, we may share our logs with law enforcement agencies
or the Courts upon request. We may use our logs for conducting market research
and studying how our site is being used. In addition, we may share aggregate
data with partners or other ethical and trusted third parties to assist them
in improving their sites or to improve ours.
We also log all data transactions both to disk, CD and/or tape media. This ensures
that we have a record of information provided to us by our Users.
7. Backup Files
SymTrend keeps backup files as a protection against natural disasters, equipment
failures or other causes. These backup files are designed to protect both Clients,
Clinicians and us as they reduce the risk of loss of valuable data. We take
exceptional care and caution with these files, although we do not guarantee
or ensure against loss of data. However, until backup records are erased, they
receive the same privacy and security protections as your other records. The
media is kept locked away, except when it is in transit from one location to
another or in use.
8. Discussion Groups
Our site will have a discussion group area in the future and Users will be able to post or
exchange messages that can be read by anyone on the Internet [who is a subscriber
to the service]. Therefore, Users should not post or exchange information in
the discussion group area that they do not want to be accessible to anyone else
nor should they post addresses, e-mail addresses or telephone numbers. We will
not monitor these messages and we are not responsible for the content which
Users post there. We reserve the right to remove postings that we feel are offensive,
provide dangerous information, or might injure another person.
SymTrend provides links to other sites that we feel can offer other useful information
or services to you. Please be aware that we are not responsible for the privacy
policies or actions of such other sites. Our Users should contact the parties
that control these sites and should read the privacy statements of each and
every site that collects personally identifiable information when they leave
by our site. We are not responsible for the privacy policies of the other sites.
10. Leaving SymTrend
Users may end use of our site at any time. If a Client or Clinician no longer
wishes to continue using our site and our service, we will maintain his/her
data in our database for a reasonable period of time. SymTrend may also end
a User's use of our site if he/she has violated the rights of SymTrend or any
third party, or for any reason, with or without notice to the User. Such action
does not terminate a Client's or Clinician's agreement with us. Upon expiration
of a subscription, users will still have access to data already stored on the
site for listing and charting. They will not be able to add or modify data of
any kind, however. Clinicians will continue to have access to their patients'
data while the User has given them access. If a User revokes access privileges,
clinicians will have access to previously created reports and notes.
11. Notifying Us
SymTrend will respond to any complaints, suggestions or questions that Users
may have regarding our privacy or other policy or their implementation. If you
have a complaint, suggestion or question about any of our policies, please contact
us by e-mail to firstname.lastname@example.org or write to us at the following address.
SymTrend will respond to your communications in an equitable and timely manner.
SymTrend will not retaliate against any User who files a complaint or grievance
89 Bay State Rd.
Belmont, MA 02478-2240
Limitation of Responsibility
SYMTREND DOES NOT GUARANTEE THAT ALL ASPECTS OF OUR SITE WILL BE ERROR-FREE,
ALTHOUGH WE HAVE MADE EVERY EFFORT TO ENSURE THAT IT IS THROUGH RIGOROUS TESTING.
NOR CAN SYMTREND GUARANTEE THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ALTHOUGH AGAIN, WE HAVE IMPLEMENTED
TECHNOLOGIES DESIGNED TO MINIMIZE THIS POSSIBILITY. SYMTREND IS NOT RESPONSIBLE
FOR ANY COSTS YOU MIGHT INCUR FOR SERVICING OR REPLACING PROPERTY, MATERIAL,
EQUIPMENT OR DATA FROM THE USE OF OUR SITE AND/OR ITS DATA.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON OUR SITE IS PROVIDED TO YOU "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SYMTREND AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF
OUR ONLINE MATERIAL, SOFTWARE TEXT, GRAPHICS AND LINKS OR ABOUT RESULTS TO BE
OBTAINED FROM USING OUR SITE.
Limitation of Liability
NEITHER SYMTREND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE WEB SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
EFFECT RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE OUR SITE AND
SYMTREND'S MATERIAL WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SYMTREND
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME STATES AND COUNTRIES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.