Helpsy is an e-health website that connects patients with our network of affiliated care professionals (“Healthcare Providers”). “Healthcare providers” includes employees, agents, or independent contractors of Care Providers.
1. Information Collection and Use. We collect personal information when you register for account when you visit pages. Some of the Services require us to know more about you and your conditions so that we can best meet your needs. If you decline to submit Personal Information, we may not be able to or may choose not to provide to You some or all of our Products and Services. When you register with Us, we ask you to provide voluntarily information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to): your name, birth date, physical address, email address, gender, insurance, emergency contact, health and treatment history and your health concerns. Once you register with Us and sign in to our services, you are not anonymous to us. We also automatically receive and save information on our server logs from your browser including your IP address. Our cookie information and the page you requested.
Use of Personal Information. We use information for three general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services, and to contact you about specials and new products.
2. Consumer Rights. Right of Access and Right to Deletion. You have the right to request that Helpsy Health disclose certain information to you about our collection and use of your personal information over the past 12 months.
Requesting Access and Deletion. Within 45 days of receiving your access request we will disclose to you the categories of personal information we collected about you, the categories of the sources for the personal information we collected about you, our business purpose for collecting or selling that personal information, the categories of third parties in which we share that personal information, and the specific pieces of information we collected about you. If we sold or disclosed your personal information for business purposes, we will disclose sales, the identifying personal information categories that each category of recipient purchased, and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained. To exercise the access and deletion rights described above, please submit a consumer request by either calling us at (415) 534-5933 or emailing us at email@example.com. Only you, or a person registered with the California Secretary of State that is authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may only make a request twice within a 12 month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and the request must describe in sufficient detail that allows us to properly understand, evaluate, and respond to it.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CPPA, we will not deny you goods or services, charge you different prices or rates for goods or services, (whether through denying benefits or imposing penalties), provide you a different level or quality of goods or services, or suggest that you may receive a different price, rate, or quality of goods and services.
4. Information Sharing and Disclosure. We will not sell or rent your personally identifiable information to anyone. We may send, sell, rent or represent personally identifiable information about you to other companies or people when: We have your consent to share the information; We have to provide the Products and Services to users, including the processing, formatting and displaying of the Personal information and customized content, develop new services or need to share your information to provide the product or service you have requested; If We become involved in a merger, acquisition, or any form of sale of all of its assets; We respond to subpoenas, court orders or legal process.
Sales of Personal Information. In the preceding 12 months Helpsy Health has sold the following categories of information:
|Identifiers (such as name, email address, social security number, IP address, etc.)||NO|
|Personal information listed in the California Customer Records Statute||NO|
|Protected legal characteristics||NO|
|Audio, electronic, visual, thermal, olfactory, or similar information||NO|
|Inferences about personal preferences and attributes drawn from profiling (i.e., cookies)||NO|
Personal Information Disclosed for Business Purposes. In the preceding 12 months Helpsy Health has disclosed the following categories to third parties for business purposes:
|Auditing (Advertising analytics, Auditing legal and regulatory compliance)||NO|
|Security (Detecting security breaches, Protecting against fraud and malicious activity, Taking action against wrongdoers)||NO|
|Debugging (Identifying and fixing technical errors)||NO|
|Performing services (Account maintenance, Customer service, Processing transactions)||NO|
|Internal research (to develop or demonstrate technology)||NO|
|Testing or improvement of any service or device||NO|
5. Public information. Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
A. About the site
Users of the Site shall be considered as either Visitors” or “Members” as follows:
a.“ Visitors ” are allowed access to a minimal level of Services available on the Site. Access to some features may be limited;
b.“ Members ” (“Healthcare Providers” or “Patients” or “Clients”) who are allowed to access additional features and services that are not otherwise available to Visitors.
A.1.General “Public Services” site. We make some service available without registering or obtaining a password. We call these “Public Services”. You may make personal, noncommercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Helpsy, Inc. Personal use also includes temporary caching by your browser or a proxy server. If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including socalled “deep links”) to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.” We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions. We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
A.2. “Protected Services”. Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be properly authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself – such as your employer, client or customer (each, a “Principal”) – you must also identify and provide information about each Principal. If you sign up for one of our Protected Services you may be asked to agree to a user agreement (your “User Agreement”). In such cases, you will be asked to expressly consent to your User Agreement, for example, by checking a box or clicking on a button with terms such as “I agree”. In the event of a conflict between the terms of your User Agreement and of these Terms, the terms of your User Agreement shall control. Your Credentials are unique to you. You should immediately notify us here if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised.
B. Nature of the Content on our Service. We make the Services available as a service to you and Healthcare Providers for information and educational resource. You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a doctor, dentist or other healthcare specialist, professional or provider (collectively, “Healthcare Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings. All information provided on our site or in connection with any communications supported by Helpsy, including but not limited to communications with Helpsy Healthcare Providers is intended to be general informational purposes only. Helpsy does not guarantee the accuracy of Third Party Content that may be available on our site.
DO NOT DISREGARD, AVOID or DELAY obtaining medical advice from a qualified physician because of something you may have read on the site. Do not use the services for emergency medical needs. Immediately seek or call a professional or 911 number if you experience a medical emergency. Helpsy is not to be used as a substitute for health insurance or primary care doctor or in-person doctor visits.
C. Authorization and acknowledgement; important information about Healthcare Provider relationships and patients or clients and community policy standards. In connection with using the Site to help you identify therapy and the Services to locate and schedule appointments with Healthcare Providers, you understand that: You are ultimately responsible for choosing your own healthcare provider. Always use common sense when making health decisions. Helpsy cannot make decisions for you. Helpsy makes the best effort to provide you with license verified healthcare providers, unless otherwise not available for the therapy field. Helpsy may exclude Healthcare Providers who, in Helpsy’s discretion, have engaged in inappropriate or unprofessional conduct.
In connection with the Healthcare Providers, with whom you may book appointments, these Healthcare Providers enter into contracts with us, and may pay us a fee in order to be marketed through the Services. We will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as symptoms, disease, insurance information, geographical location, and type of therapy). We may show you sponsored results on the Site, including at the top of search results (“Sponsored Results”). Helpsy receives additional fees from Healthcare Providers or healthcare organizations for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Helpsy of the Healthcare
When using the Services available on the HelpsyHealth Site, you agree to use the Services in accordance with the following:
a. You will use the Site only for any the following general purposes and for no other purpose:
I. finding a health care provider for yourself or another person;
II. reading reviews and ratings of health care providers submitted by other Guests and Members;
III. submitting your own reviews and ratings of health care providers who you have experience with or went through consultation with;
IV. or any other purpose authorized by Helpsy from time to time
b. Any review of a health care provider that you submit to be included on the Site:
I. shall be a true relevant representation of your experience with the particular health care provider;
II. shall not be false, verbally misleading, untrue, or contain obscene, pornographic, sexually suggestive, or otherwise offensive Content; If you disagree with someone, be respectful.
III. shall not include your name or any other personally identifiable information that may be used to identify you or another patient; any information posted is publicly available. Do not disclose information unless you intend for that information to be disclosed publicly.
c. You acknowledge that:
I. the list of healthcare providers listed on the Site may not be a complete list of every health care provider within the specified specialty category or specified distance of the addressed specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
II. the information contained about a particular health care provider may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
III. any map displayed may not be complete, accurate, or up-to-date;
IV. any request to show results of health care providers who are accepting new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
V. any records of a particular health care provider that that states such health care provider accepts new patients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
d. Any ratings or reviews on the Site:
I. are submitted by other Users of the Site;
II. may not be complete, accurate, or up-to-date;
III. do not represent the views or opinions of Helpsy;
e. The inclusion of any health care provider on the Site shall not be considered as an endorsement of such health care provider by Helpsy and shall not in any way mean that Helspy has conducted any due diligence or other investigation regarding the health care provider;
f. You agree that the Site is NOT to be used by you as a source of medical advice or for the diagnosis of any medical condition;
g.You agree that in the event of an emergency, you will call 9-1-1 or seek professional help and not rely on the information contained in the Site;
h. You agree that you will not submit ratings or reviews of any health care provider which contains material that in the sole discretion of Helpsy constitutes libel, slander, harassment, abuse or defamation, or is pornographic, racist, obscene, or otherwise offensive as determined by Helpsy in its sole discretion;
i. You agree that you will not use any of the Services in any way that infringes the privacy rights, intellectual property rights, or any other rights of any health care provider, patient, person or entity;
j. You will not post or otherwise distribute messages or pictures or use any of the Services in any way which:
I. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including intellectual property rights; or
II. is misleading, fraudulent, or is otherwise unlawful or violates any law;
III. contains language that is racist, sexist, or degrading to any religion, ethnicity, sexual orientation, gender, or nationality, or is otherwise offensive
k. You will not use any of the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website;
l. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, instant messenger usernames, telephone numbers, postal mail addresses, website URLs, or full names through your publicly posted information;
m. You agree that our Community policy may change time to time without prior notice.
D. Materials Posted on Site: Reviews and Ratings
1. It is your sole responsibility to review the content of all materials submitted by you on the Site. If you are a health provider, in the event you discover any material about you that is inappropriate, it is your responsibility to report the issue to us for investigation and possible action. You acknowledge that we do not and cannot monitor all the material that is posted on the Site and therefore cannot be held responsible for the misuse or misinformation posted on our content or publicly available services. If you are a patient or clients, you will have the opportunity to submit feedback regarding your experiences with our network Healthcare providers featured through the Services. It is important that you act responsibly when providing Posted information. All Posted information must comply with our Community policy Standards.
2. We reserve the right to monitor all communications made by you through the Site to ensure compliance with this Agreement. Where we have determined in our sole discretion that a rating, review, posting, email, image, or communication (the “ Inappropriate Material “) by you through the Site is in violation of this Agreement or any content guidelines, or is otherwise unacceptable, we reserve the right to remove, edit, move the Inappropriate Material. All posted information must comply with our Community policy Standards (see section C).
3. Helpsy reserves the right to investigate and at our discretion take appropriate legal action against anyone who violates our policy, including without limitations, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and access to our site and other Helpsy related services.
4. By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Helpsy and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is nonexclusive, except you agree that Helpsy shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Helpsy users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
5. Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to Helpsy, by email or otherwise.
E. Use of content
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Helpsy’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Helpsy nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Helpsy to you are retained by Helpsy.
F. Registration and password.
G. Other linked sites.
H. Personal Information.
Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. We protect covered health and medical information as we may be required by HIPAA and applicable state law. Similarly, we may use covered health and medical information as permitted by HIPAA and applicable state law. Helpsy adheres to the requirement to its best ability.
I. Telehealth Consent.
Helpsy respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. Furthermore, by clicking the “AGREE” button you are authorizing Providers to release your contact information to Helpsy solely in order for Helpsy to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at firstname.lastname@example.org or by calling (415) 534-5933.
Helpsy is providing this information on behalf of health providers:
Telehealth involves the use of communications to enable health providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for chat, diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials.
The communications systems used will incorporate security protocols to protect the confidentiality of patient information and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Anticipated Benefits of Telehealth:
Possible Risks of Telehealth:
As with any medical procedure, there are potential risks associated with the use of telehealth. Helpsy believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
By accepting these Terms, you acknowledge that you understand and agree with the following:
Patient Consent to the Use of Telehealth
I have read and understand the information provided above, and understand the risks and benefits of telehealth, and by accepting these Terms I hereby give my informed consent to participate in a telehealth visit under the terms described herein.
J. Members and Visitors Responsibility.
1. It is your duties to use the site appropriately and provide accurate and true information requested. You are responsible of your action taken from using our site. You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
2. You will be responsible to all use of the Services and for all use of your passports, personal information. Do not provide your personal information unless you intended so. You cannot use the Site in any action that could damage, overburden, or impair our servers or networks. You may not accumulate or index, directly or indirectly any Content or portion of the Site and Services which include, but not limited to Healthcare Provider information and their practices, their price information, insurance options for whatever purpose. We may take legal action and implement any technological measures to enforce these terms.
3. The use of our services to contact Healthcare Provider responses is at your own discretion.
4. You accept and understand that services offered by Helpsy, are not a substitute for health insurance or your primary health doctor. Helpsy is designed to complement and add onto your health care.
5. You understand and acknowledge that there are risks and benefits from using our services;
Risks that include the following, but not limited to: Technological:1) Loss of records from failure of electronic equipment, 2) power or, other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Health: 1) your condition may not be cured or improved, and in rare cases, may get worse. Benefits: Information: 1) Broader knowledge of different kinds of therapies that might be useful to improve your heath 2) Discover therapies and health information related to your conditions. 3) Focused information.
1. When you claim and register on our site, you must fill out the terms with true and accurate information. You agree to update and maintain such information on Helpsy to ensure that it truly reflects your health practice or entities.
2. It is illegal to claim other people practice or impersonate as someone or entities that you are NOT.
3. You will use the Services to access, change or edit price, offers, or your time availability.
4. You will not use our site and Services to engage in anti-competitive deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulation.
5. You will treat our member with respect and without prejudice. Please don't refer to members in or on Content in Public Areas by their real names, even if this information has been disclosed to you.
6. In related to publicly shared content services; we appreciate your engagement and contributions to the community and members of Helpsy, but please do not diagnose any individual member or prescribe any specific treatment in your answers. Individualized or diagnostic answers are not allowed and prescribing medications is not allowed
7. You agree to pay all fess or charges to your account in accordance with the fees, and billing terms in effect at the time a fee or charge is due and payable.
K.Billing, Fees,and charges (extend).
Unless designated as Founding Expert, all healthcare providers on the Helpsy platform agree to pay 15% of the initial consult fee for any patient finding and booking a consult with the provider through Helpsy to cover the cost of processing payments and customer service. The dollar amount is based on the rate of the service that the new patients have chosen (before fees and taxes). All healthcare providers also agree to not book appointments with any patients found through Helpsy outside of the Helpsy platform.
You authorize us to immediately invoice your credit card or other agreeable payment account provided for all charges and agree that no additional notice or consent is required. Helpsy’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify Helpsy for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that Helpsy is permitted to pass to you) and Helpsy may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Helpsy in writing, all fees paid are non-refundable. Helpsy reserves the rights, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not met or cannot be processed on the due date.
L. Limitation of Liability of Helpsy.
Directories: Our listings and appointment services help you find healthcare professionals or consultants. We are not providing hospital medical services. If you have urgent or any medical emergencies please call 911 or your primary physicians. Our Directories are not comprehensive, but rather generally represent Healthcare Providers who use our Services and who have chosen to participate in the Directories. Before obtaining services or treatment from any Healthcare Providers listed in a Directory, you should take the same care and precautions as you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Additionally, the Directories rely on information submitted by Professionals themselves. Unless Healthcare Providers provide us with current information, the Directory information may not be timely or accurate. Our Services permit you to request an appointment with a Healthcare Providers. However, Healthcare Providers are responsible for maintaining their own schedules, and we cannot ensure that any given Healthcare Providers will be available, nor that such a Professional will not cancel his or her appointment.
IN NO EVENT SHALL WE, OUR employees, officers, directors, or partners be liable for lost profits or any special, incidental or consequential damages arising from or in connection with our site, our services. The use of the term “partner” on Helpsy and in any other materials is not intended to indicate that the “partners” are in a legal partnership with Helpsy. Rather, the term is used in a marketing sense to show participation by the other parties involved in Helpsy services and products.
M. Termination and end of Helpsy services.
Everyone (“Visitors”, “Members”) are required to acknowledge and accept this Agreement. Your rights to use the Content and Services end immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Helpsy and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.
N. Dispute and arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration.
O. Changes to services; new services; additional terms.
I, the undersigned, hereby expressly and affirmatively state that I wish to be enrolled on the Helpsy Online Platform.
I understand that data and information about me, possibly including my medical information, will be stored on the Helpsy Online Platform and will only be viewed and accessed by those associated with the Pilot study.
I understand that my data and information will be used for research purposes and that my data may be anonymously used for marketing purposes by Helpsy Inc.
I acknowledge that the tools on the Helpsy Online Platform are a property of Helpsy Inc. and may not be copied or otherwise distributed without consent of Helpsy Inc.
Helpsy may contact me in future years to see how I am doing.