Privacy Policy | ihealthdiagnostic

PRIVACY POLICY

INNOVATIVE HEALTH DIAGNOSTIC ("IHD") is an affiliate of MD TOX LABORATORY, a California Corporation (‘MD TOX”), is committed to honoring your privacy and to offering special protections for any personal health information you choose to disclose to us and our proprietary testing programs. It describes what information we may collect about you, what uses we may make of it and what precautions we take against unauthorized access or use of your information. 

MD TOX may share information with third parties, such as officers, directors, shareholders, agents, employees, independent contractors, affiliates, subsidiaries, agents, partners, test collection representatives, licensee’s, licensor’s, healthcare professionals, operations personnel and contractors who repair and maintain MD TOX 's technical systems. In addition, MD TOX may hire other companies to provide limited services on our behalf, including the processing and delivery of mailings such as FedEx or similar mail services, providing customer support, processing transactions, or performing statistical analysis of our services. (All collectively referred to herein as  “Third Parties”.) We will only provide those companies the personal information they need to deliver the service. MD TOX and its Third Parties disclaim all responsibility for any consequences, liability and damages caused by, arising from or related to any use, non-use, disclosure of or interpretation of information contained in this website, test results, diagnostic guidelines, recommendations or any other information. This includes but is not limited to any third parties who use MD TOX systems, submit data for tests, information, exchange information, exchanges of information between a medical provider, patients, test collection personnel or mail services.   

Testing & Test Results
Test results may become available online. However, a password and login will be required to access private information, and test results are made available only to you and your licensed healthcare professional.  Should you give any other party access to your email or test results, MD TOX and affiliates are in no way liable for that information, any damages or for the intent or manner of its use. MD TOX and affiliates shall not be liable should your account, test, test results, diagnostic guidelines, treatment information, recommendations or any other information in your account  become public due to a natural or technical disaster, or from outside hacking, viruses, or security breaches. MD TOX does comply with HIPAA regulations and does secure this data on secure servers and behind firewalls.    By accessing our website or allowing any person to access your account information, you certify that you understand this disclaimer, stipulate and agree to be bound by the terms and conditions of this disclaimer, and by our Terms of Use Agreement.

MD TOX and IHD Web Site 

This privacy policy applies only to our Web site. Our Web site is for you and health care professionals. MD TOX may provide articles, reference tools, medical and clinical information and resources, medical news and treatment updates. Its tools are intended only for the use of trained licensed healthcare professionals.Privacy Policy ChangesOur privacy policies may change from time to time. Each time you use an MD TOX website, you agree to all changes, as a condition of each use. We will post privacy policy changes on our Web sites. General PoliciesWe have implemented technology and security policies, rules and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data to respect your confidentiality.MD TOX uses security methods to determine the identity of its registered users, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called authentication. MD TOX uses both passwords and usernames to authenticate users. Users are responsible for maintaining their own passwords. If you give your user name and password to another person or allow access to it by another person, we cannot protect your privacy.Storage of Health InformationPersonally identifiable health information you share with us is stored on our database server at MD TOX data center or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy and comply with HIPAA REGULATIONS. We have a firewall to prevent individuals from accessing information without authorization. Data centers are physically secure and protected from unauthorized access by unauthorized persons. Physical access to the servers requires individual authorization and authentication.Information in our data center is backed up routinely, in order to aid in the recovery of information in the event of accidental damage of information or due to a natural disaster. The backup media is stored in a physically secure storage facility. MD TOX Employees MD TOX employees are required to keep customer information private, as a condition of their employment with the company. Only selected, authorized MD TOX employees are permitted to access your health information.Employees are required to sign a confidentiality agreement. All employees and contractors must abide by our privacy policy, and those who violate that policy are subject to disciplinary action, termination of their employment, agreement and legal action. Terms of UseOur Terms of Use Agreement can be found on our Web Site.  YOU AGREE TO THE TERMS AND CONDITIONS OF OUR “TERMS OF USE” AND THIS PRIVACY POLICY EACH TIME YOU ACCESS THE MD TOX WEBSITE.Use of CookiesCookies are a technology used by the MD TOX Web sites to identify a user as the user moves through the Web site. Your browser allows us to place some information on your computer's hard drive that identifies the computer you are using. We use cookies to personalize our Web sites and to track your usage.

Security Measures
MD TOX ensures the security of your data with:
•Physical security measures•System/Network security measures•Application security measures

Physical Security Measures
Our servers are kept in a secure third party data center with security guards on duty 24/7.  The data center is certified to protect against natural disaster such as power failure, fire, flood and earthquake.  Only authorized personnel can access the data center with multiple forms of ID.  Databases are backed up regularly to guarantee restorability in case of an uncontrollable catastrophe.


System/Network Security Measure
We do our best to ensure the latest patch is applied to the system to protect against hacker attacks. As an added security, all our servers are put behind a firewall to allow only the necessary protocols and criteria to pass through. Illegal activities are monitored to detect the earliest sign of trouble.

Application Security Measures
Access to the application requires personal password.  All communication between our Web server and your browser is encrypted with SSL to guard against network eavesdroppers.  Your password is internally encrypted in our system to prevent identify theft.  Even our own staff has no knowledge of your true password.  Critical parts of the application are audited to ensure accountability.  Validations are built through out the application to capture the most reliable information.  Your credit card information is never stored on line for privacy concerns.Copyright (c) 2013, MD TOX LABORATORY, a California Corporation. All rights reserved.  

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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. MD TOX LABORATORY, a California Corporation (‘MD TOX”), may revise these Terms and Conditions at any time. Each use by you and your continued usage of the MD TOX website ("MD TOX Site”, "website”, “or the "Site,") will mean you accept all of these terms, conditions and any changes we make. 

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the MD TOX Site, such as text, graphics, images, information obtained from MD TOX 's licensors, and other material contained on the MD TOX Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, testing, test results, interpretation of test results, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MD TOX Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. MD TOX does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MD TOX, its employees and others appearing on the Site at the invitation of MD TOX, or other visitors to the Site, is solely at your own risk. 

USE OF CONTENT

MD TOX authorizes you to view or download your personal information from the MD TOX Site solely for your personal, noncommercial use. All information is owned exclusively by MD TOX, including Copyright (c) 2013, MD TOX LABORATORY, a California Corporation. All rights are reserved. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MD TOX or its licensors. Any use of the Content not expressly permitted by MD TOX, its licensors, or these Terms and Conditions, is a breach of these Terms and Conditions and may violate copyright, trademark, trade secret and other laws. Content and features are subject to change or termination without notice, in the discretion of MD TOX. All rights not expressly granted herein are reserved to MD TOX and its licensors. 

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates, no use may be made by you or any other person, and you must immediately destroy any copies you have made of any portion of the Content. 

LIABILITY OF MD TOX AND ITS LICENSORS 

The use of the MD TOX Site and the Content is at your own risk. All Licensee’s and users, including physicians, patients and other customers using this website and services agree that said Licensee’s and users are solely responsible for lost data, system interruptions, invalid report results based on inaccurate information entered, inaccurate information entered, incomplete information processed, and information inaccuracies due to any other cause. Printing reports is the only way to save data for your use. You cannot electronically back up your data. You further agree to defend, indemnify and hold MD TOX harmless from and against any and all claims for damages, statutory violations, equitable relief, disciplinary and administrative relief, as a condition of using this website and services. 
When using the MD TOX Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MD TOX and its suppliers. MD TOX assumes no liability for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MD TOX Site. 

The MD TOX Site and the content are provided on an "as is" basis. MD TOX, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. 

Without limiting the foregoing, MD TOX, its licensors and its suppliers make no representations or warranties about the following: 

1. The accuracy, reliability, completeness, currentness, correctness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MD TOX Site or MD TOX. 
2. The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the MD TOX Site. 
3. Physician’s who use the system with patients and allow patients to access their own account from any location. 
4. Edits by Physician’s, patients or other persons of lab test results, thereby creating a risk that the physician, upon reading the edited information, will make future medical decisions based on incorrect or inaccurate information in the system.
5. Screening Company’s who license our tools and provide screening services directly to consumers and patients who are interested in wellness and preventative healthcare, including but not limited to misinterpretation of any test results, or over-reaction to information in a test report.
6. Any MD TOX report used as evidence by any person, insurance company, court, governmental agency or licensing organization which causes a loss of any right or privilege, including but not limited to DMV license, Medical insurance policy, loss of liberty, loss of property, loss of use of property, loss of life, any injuries, loss of custody of children, and any other use of said reports by anyone.

In no event shall MD TOX, its licensors, its suppliers, or any Third Parties be liable for any damages (including, without limitation, direct, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data, business interruption or any other damage resulting from the use of or inability to use the MD TOX Site or the Content, whether based on warranty, contract, tort, statute, ordinance, equity or any other legal theory, and whether or not MD TOX is or was advised of the possibility of such damages. MD TOX is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Public Areas. 

YOU AGREE THAT IN NO EVENT SHALL MD TOX AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MD TOX WEBSITE AND SERVICES, AND ANY DELAY OR INABILITY TO USE THE MD TOX WEBSITE AND SERVICES OR RELATED SERVICES, OR FAILURE TO PROVIDE ANY TEST OR OTHER SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MD TOX SITE AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MD TOX SITE AND SERVICES, WHETHER BASED ON CONTRACT, TORT, STATUTE, ORDINANCE, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MD TOX OR ANY OF ITS SUPPLIERS HAS BEEN OR WAS ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MD TOX WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MD TOX SITES/SERVICES. 

THE MD TOX TERMS AND CONDITIONS ARE YOUR EXCLUSIVE REMEDY AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. YOU STIPULATE TO VENUE AND JURISDICTION EXCLUSIVELY IN THE ORANGE COUNTY SUPERIOR COURT, STATE OF CALIFORNIA. 

USER SUBMISSIONS

You agree that you will not upload or transmit any communications or content of any type to the Public Areas, including message boards, chat rooms, twitter, face book, etc., that infringe or violate any rights of any person. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential about you, for all purposes; and you are subject to liability and damages for disclosing private information about all other persons and business entities. 

If you make any submissions to MD TOX, you agree that you will not send or transmit to MD TOX by email, any communication or content that infringes or violates any rights of any person or business entity. If you submit any business information, idea, concept or invention to MD TOX by email, you agree such submission is non-confidential about you, for all purposes; and no legal duties or agreements shall be formed, express or implied, unless there is a signed written agreement by all parties. 

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to MD TOX by email, you automatically grant and warrant that the owner of such content or intellectual property has expressly granted MD TOX a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum, now known or hereafter developed. MD TOX may sublicense its rights through multiple tiers of sublicenses, without any compensation paid to you or your licensors. 

PASSWORDS 

MD TOX has several tools that allow you to record and store information. It is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by MD TOX or on its behalf. MD TOX will only allow access to a User with a valid password. 
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MD TOX passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MD TOX account and password; (3) promptly inform MD TOX of any need to deactivate a password. You grant MD TOX and all other persons or entities involved in the operation of this website, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MD TOX cannot and does not assume any responsibility or liability for any information you submit, including to MD TOX, or your use or third parties' use or misuse of information transmitted or received using MD TOX tools and services, including your MD TOX Records and test results. 

MD TOX PUBLIC AREAS

If you use a Public Area, such as a chat room, twitter, face book, bulletin board or community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MD TOX is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. 

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions by you: 

1. Using a Public Area for any purpose in violation of local, state, federal, statutes and international laws; 
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; 
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MD TOX in its sole discretion, or applicable laws; 
4. Posting advertisements or solicitations of business; 
5. After receiving a warning, continuing to disrupt the normal flow of information, dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); 
6. Posting chain letters or pyramid schemes; 
7. Impersonating another person; 
8. Distributing viruses or other harmful computer codes; 
9. Harvesting or otherwise collecting information about others, including email addresses, without their consent, identification for posting or viewing comments; 
10. Allowing any other person or entity to use your identification for posting or viewing comments 
11. Posting the same note more than once or "spamming"; or 
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MD TOX, exposes MD TOX or any of its licensors, customers or suppliers to any liability, damages or detriment of any type. 

MD TOX reserves the right, but is not obligated to do any or all of the following: 

1. Record the dialogue in public chat rooms. 
2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communications. 
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. 
4. Terminate a user's access to any or all Public Areas and/or the MD TOX Site upon any breach of these Terms and Conditions. 
5. Monitor, edit, or disclose any communication in the Public Areas. 
6. Edit or delete any communications posted on the MD TOX Site, regardless of whether such communications violate these standards. 
MD TOX reserves the right to take any action it deems necessary to protect the personal safety of our website users or the public. MD TOX has no legal duty, liability or responsibility to any users of the MD TOX Site or any other person or entity, for performance or nonperformance of any activities, including the foregoing activities.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

MD TOX and IHD may provide links to third-party web sites. MD TOX and IHD also may select certain sites as priority responses to search terms you enter and MD TOX  and IHD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MD TOX nor IHD  does not recommend and does not endorse the content on any third-party websites. MD TOX nor IHD are responsible for the content of linked third-party sites, sites framed within the MD TOX Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. MD TOX nor IHD endorse any product advertised on the MD TOX Site.

 

DISCLOSURE AND USE BY THIRD PARTIES

MD TOX will use the information received to provide MD TOX’s services and to improve its information, services and data base. In order to provide the services, your personal data may in some situations be seen by Parties, including MD TOX’s officers, directors, shareholders, employees; and Third Parties, such as affiliates, subsidiaries, agents, independent contractors, partners, joint venturers, licensee’s, licensor’s, healthcare professionals, advertiser’s, operations personnel and maintenance contractors repairing and maintaining MD TOX technical systems (collectively referred to herein as “Third Parties”.) In addition, MD TOX may hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They may also be required by written agreement and applicable laws, to maintain the confidentiality of your information and from using that information for any unauthorized purpose.
MD TOX may also syndicate content from its site to said Third Parties. As a consequence, any information that can be seen on MD TOX’s site may also be found on our partners' sites. MD TOX may further use the aggregate information to study statistical results and produce summary reports. Such reports may be shared with said Third Parties, but the reports will not disclose personally identifiable information.
Certain MD TOX services may be co-branded and offered in conjunction with another company. If you register for or use such services, both MD TOX and the other company may receive information collected in conjunction with the co-branded services. In such cases, by using this site, you agree to the terms of the other companies Terms of Use and Privacy Policy, and agree to access, read, and be legally bound by their website Terms of Use and Privacy Policy.

Except from that stated above, MD TOX will not disclose any of your personally identifiable information without your permission except under special circumstances where required by legal process or court order.

 

GENERAL INDEMNITY

You agree to defend, indemnify, and hold MD TOX, its officers, directors, shareholders, employees, agents, independent contractors, licensors and suppliers, harmless from and against any and all claims, complaints, actions, demands, liabilities, damages, equitable relief, statutory violations, judgments and settlements, including without limitation, reasonable legal and accounting fees, costs and expenses, resulting from, or alleged to result from, your breach of these Terms and Conditions and Privacy Policy. 

SPECIAL INDEMNITY
All Licensee’s and users, including physicians, patients and all others using this website (“users”) and services, agree that said Licensee’s and users are solely responsible for all lost data, system interruptions, invalid or inaccurate test report results, test report results based on inaccurate information entered, inaccurate information entered, incomplete information processed, information inaccuracies due to any other cause; and further agree to defend, indemnify and hold MD TOX harmless from and against any and all claims, complaints, actions, demands, liabilities, damages, equitable relief, statutory violations, judgments and settlements, including without limitation, reasonable legal and accounting fees, costs and expenses, as a condition of using our website and all services. 

DISCLAIMER

MD TOX is based in Irvine, California, in the United States. MD TOX makes no claims that the Content is appropriate, and may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MD TOX Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, the laws of the United States of America and State of California. The foregoing provisions survive the expiration or termination of these Terms and Conditions and Privacy Policy, as amended, for any reason whatsoever.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with MD TOX, or in any way relating to your use of the MD TOX Site, resides in the courts of the State of California, County of orange, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, County of Orange, in connection with any dispute and any claim involving MD TOX or its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders, partners, joint venturers, agents, independent contractors, licensors, licensees, suppliers, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. All waivers must be in writing signed by all parties.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the MD TOX and IHD WebSite, these Terms and Conditions and the MD TOX Privacy Policy, and any separate signed written Agreement, constitute the entire agreement between you and MD TOX with respect to any use of the MD TOX Site and Content. The contents of this website are in no way intended to replace professional medical care, diagnosis, interpretation of test results, treatment, or attention by a qualified licensed medical practitioner. The materials in this web site cannot and should not be used as a basis for diagnosis or choice of treatment. Only your licensed medical provider can diagnosis and treat medical conditions, after considering all relevant information, tests, and test results.

Copyright (c) 2013, MD TOX LABORATORY, a California Corporation. All rights reserved.

 

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Privacy Policy and Terms and Conditions