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SymTrend, Inc.
Privacy Policy

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
Children's Privacy
In-memory Cookies

Web Log Files

Backup Files

Discussion Groups

Links

Leaving SymTrend

Notifying Us

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 Privacy Policy.

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 transfer the information only to a third party that will undertake a privacy policy that appropriately protects the information. SymTrend will notify you if the site becomes subject to a different privacy policy.

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.

This Privacy Policy statement may be modified as new features and services are 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 them.

  • 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.

  • Clients have a right to request a hard copy of this Privacy Policy by emailing 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:
  • 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 abide by the terms of the Privacy Policy currently in effect.

  • SymTrend must provide Clients with proper notice before changing the terms of this Privacy Policy. Such notice will be sent to the email address provided during the registration process.
4. Children's Privacy
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.

9. Links
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 our site. SymTrend's Privacy Policy applies solely to information collected 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 support@symtrend.com 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 with us.

Privacy Officer
SymTrend, Inc.
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.

Effective Date
This Privacy Policy is effective as of April, 2008.
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