Clinic Mobile Application User Agreement

Sunil Gupta, M.D., LLC, d/b/a Retina Specialty Institute, including its subsidiaries and managed entities (collectively, as applicable, “RSI,” “we,” “us,” or “our”) is pleased to provide this Clear Health Care mobile application (the “App”) that enables registered patients (“Users”) to securely communicate with RSI through the App and to access other useful resources to manage their health. Users must be established with their health care provider prior to using the App. The App is provided for your convenience, and is free of charge. Use of the App is voluntary, and the quality of medical care you receive from RSI will not be impacted by your decision whether or not to use the App.

In order to complete registration for the App, you must read and agree to this Clinic Mobile Application User Agreement which contains the Terms and Conditions and Privacy Policy governing use of the App (the “User Agreement”).

A. Terms and Conditions

1. Important Information Regarding the App.

1. Use of the App is limited to non-emergency communications with RSI. If you are having a medical emergency, please call 911 or go to the nearest emergency department.
2. You should allow up to 24-business hours to receive a response to your communications to RSI through the App. If you have not received a response within that timeframe, or have additional questions or concerns, contact RSI by telephone or in person.
3. The App does not diagnose or treat disease, or provide other medical services. Educational materials on the App provide only general information. Because everyone is different, you should discuss your specific condition with RSI.
4. Individuals under 18 years of age are not permitted to use the App. By agreeing to this User Agreement and registering for the App you represent that you are 18 years of age or older.

2. Features of the App.

1. Patient Communication to RSI: You may send non-emergent communications using the App.
2. Appointments and Refill Requests:  You may use the APP to request to make a new appointment or request to change an existing appointment with your health care provider and/or request refills on medical prescriptions administered by your health care provider.
3. EMR Access: You may access your medical records maintained in RSI’s electronic medical records system.
4. Educational Resources: You may view educational resources on various topics listed in the App’s library.
5. Payment: When available, You may the APP to make payments to RSI for services provided by RSI and your health care providers.
6. Additional Features: Additional features may be added in the future and information about those features will be available in the App and may be communicated to you by RSI.

3. Permitted Use of App Content. All of the information available to you in the App, including written information as well as images, is referred to collectively as the App’s “Content.” You may use the Content available on the App only for your personal, non-commercial purposes. You may not reprint or republish any Content, or post it to any other application or website. RSI remains at all times the owner of all rights to the Content, and even if you download or copy Content as permitted by this User Agreement, you do not obtain any rights to the ownership of the Content. While you own your medical information, RSI owns any health records available through the App.

4. Availability of the App. We do not guarantee that the App will be accessible 24 hours a day, 7 days a week. The App may be unavailable without prior notice to you due to routine maintenance or circumstances beyond our control. Your access to the App may be suspended or terminated without advance notice at any time. An attempt will be made to notify Users if suspension or termination occurs. RSI does not have liability or responsibility to any User for his or her inability to access the App.

5. Accuracy of Information. Information available through the App may contain errors or inaccuracies or may be incomplete. RSI is not responsible for any loss or damage relating to the accuracy, completeness, or reliability of any information in the App. You are responsible for reviewing your information in the App, as well as any documents produced from or through the App, and notifying RSI of any errors or necessary changes. Before sending a message to RSI through the App, review it to ensure that it is clear and includes the information that RSI needs to know to help you.

6. Notification of New Messages. When you receive a new message from RSI, a notification will be displayed in the App. You may also receive automatic notifications (“Push Notifications”) that will appear on your mobile device outside of the App that alert you that you have a new message from RSI. You may change your preferences regarding Push Notifications at any time through your settings within the App.

7. PIN or Biometric Login. When made available by the APP, you may choose to log in to the App using a personal identification number (“PIN”) that you create, or through a biometric identifier such as your fingerprint, if your mobile device is equipped with such functionality. If you wish to use a PIN or biometric identifier to log in to the App, you may select this option under your settings within the App.

8. Password Security. When registering for the App, your email address will serve as your username and you will be asked to provide a password. You are responsible for protecting your username and password, and should not share or permit anyone else to use your username and password. By logging into the App using a username and password, you are promising that you are the person who is assigned to that username and password. Any attempt to access another person’s information without permission is prohibited and may be a violation of law. RSI is not responsible for any loss of privacy or confidentiality that occurs due to misuse of your username and/or password. Please notify RSI immediately if you believe your password has been compromised.

9. Acceptable Conduct. You may use the App only for lawful purposes. You may not use the App or any of its Content for any unlawful or harmful purpose, including to embarrass, injure, harass, or defame any person, or to reflect negatively on RSI or RSI. If you use the App to communicate with RSI, you may not communicate any material that is illegal, offensive, defamatory, abusive, harassing, or in RSI’s opinion, inappropriate. RSI may terminate your use of the App if you violate this provision.

10. Copyright. All of the Content in the App is protected by United States copyright laws. This means that you may use the Content only as this User Agreement permits, and you may not change any of the Content, or incorporate any of it into any other form or medium without written permission from RSI.

11. Trademark. You are not authorized to copy or use your health care provider’s or RSI’s name, logo, affiliate’s logo, or any other trademark or service mark that may be found in or through the App, unless it is part of written information you download from the App to use as permitted by this User Agreement.

12. Links to Third-Party Content. Any links in the App to third-party websites are for your convenience only. If you use any links to third-party websites, you will be leaving the App. RSI is not responsible for and does not monitor the content of any linked third-party websites. The fact that the App may include links to any third-party websites does not imply any relationship, sponsorship, endorsement, promotion, recommendation or warranty by RSI of that third-party website or any products, services, or information available through such third-party websites.

13. Disclaimer of Warranties. THE APP IS PROVIDED AS-IS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, WE DO NOT WARRANT THAT THE APP, AND THE INFORMATION AVAILABLE IN THE APP, WILL BE ACCURATE, COMPLETE, TIMELY, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL CHARACTERISTICS.

14. Limitation of Liability. You assume all of the risk and responsibility for your use of the App. To the fullest extent allowed by law, RSI, nor its members, managers, employees, officers, directors, agents or affiliates will be liable to you for any reason in connection with or arising out of your use of the App. In particular, you agree RSI nor any of its members, managers, officers, directors, employees, or agents will be liable to you for any direct, indirect, or consequential damages that may result from your use of the App, your inability to use the App, your reliance on any Content available through the App, including, without limitation, content available through third-party links, errors, omissions, interruptions of availability, loss or corruption of data, or damage to your mobile device. If complete disclaimer of liability is not permitted under state law, your health care providers’ and RSI’s aggregate liability shall not exceed $100.00.

15. Indemnity. You agree that you are personally responsible for your behavior in connection with the App. You agree to indemnify, defend, and hold RSI and its subsidiaries, affiliates, members, managers, officers, agents, partners, and employees harmless from any losses, liabilities, claims, demands, damages and costs, including, but not limited to direct, incidental, consequential, exemplary and indirect damages, and reasonable attorneys’ fees, made by any third party arising out of (i) access to, use, or misuse of the App by you or any other person using your username and password, (ii) any violation or breach of this User Agreement, or (iii) any violation of the rights of a third party.

16. Governing Law. Your use of the App, and any matters, disputes or controversies that relate to or arise out of your use of the App shall be governed by the laws of the State of Florida, without regard to choice of laws principles.

B. Privacy Policy

1. Applicability. This Policy describes the types of information RSI may collect when you download, access or use the App, and our practices for collecting, using, disclosing, maintaining, and protecting your information. This Policy only applies to information we collect through the App, and does not apply to information that we collect on any other applications, websites, or in person, or to information collected by third parties. The App is not intended for children under 18 years of age, and RSI does not knowingly collect personal information from children under 18 years of age through the App. If RSI learns we have collected or received personal information from a child under 18 years of age without verification of parental consent, we will delete such information.

2. Information We Collect and How We Collect It.

1. Personal Information You Provide to Us. When you download, register for, or use the App, RSI may ask you to provide information by which you may be personally identified, such as your name, date of birth, postal address, e-mail address, location, telephone number, insurance information, or other information that may be requested by RSI (“Personal Information”).

2. Automatic Information Collection and Tracking. When you use the App, RSI may use technology to automatically collect certain information regarding your activity in the App. In doing so, RSI may utilize the services of certain third-party service providers. The information RSI automatically collects may include the following:

1. Usage Details. When you access and use the App, RSI may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data, and the resources you access through the App.

2. Device Information. RSI may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

3. Location Information. The App may collect real-time information about the location of your device.

4. Communications. The App facilitates secure messaging between Users and RSI. RSI will store all communications transmitted through the App.

3. Technology Used for Automatic Information Collecting and Tracking. The technologies RSI use for automatic information collection may include:

1. Mobile Cookies. A cookie is a small text file placed in the App on your mobile device. It may be possible to refuse to accept mobile cookies through the settings on your mobile device. However, if you select such a setting you may be unable to access certain parts of the App.

3. How We Use Your Information. RSI uses the Personal Information we collect to provide the App and its Content to Users, to facilitate communication between you and RSI, and to communicate with you regarding your account and any updates or changes to the App. The usage information RSI collects helps us to improve the App and to deliver a more personalized experience by enabling us to store information about your preferences, speed up communications, and to deliver useful Content.

4. Disclosure of Your Information to Third Parties. RSI does not sell or disclose your Personal Information to third parties for marketing purposes. RSI may disclose de-identified and aggregated data regarding Users without restriction. In addition, RSI may disclose Personal Information that we collect through the App in the following instances:

1. To our subsidiaries and affiliates
2. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it
3. To a successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale of some or all of RSI’s or an affiliate’s assets in which Personal Information held by us about Users of the App is among the assets transferred
4. To fulfill the purpose for which you provide it
5. With your consent
6. To comply with any court order, law or legal process, including to respond to any government or regulatory request
7. If RSI believes disclosure is necessary or appropriate to protect the rights, property, or safety of Users or others

5. Your Choices About RSI’s Collection, Use and Disclosure of Your Information. The following are some ways for you to control certain uses and disclosures of your information:

1. App Settings. You may choose your preferences regarding Push Notifications, PIN login, or biometric identifiers used to log in through the App settings.

2. Tracking Technologies. You may set your browser to refuse all or some mobile cookies, or to alert you when cookies are being used. If you disable or refuse mobile cookies or block the use of other tracking technologies, some parts of the App may be inaccessible or not function properly.

3. Location Information. You may choose whether or not to allow the App to collect and use real-time information about your mobile device’s location through the device’s privacy settings. If you block the use of location information some parts of the App may be inaccessible or not function properly.

4. Deletion of the App. If you object to the collection of your Personal Information or wish to no longer use the App, you may delete it from your mobile device at any time. Use of the App is voluntary, and the quality of medical care you receive from RSI will not be negatively impacted by your decision to no longer use the App.

6. Third-Party Interfacing and Links to Third-Party Sites. The App interfaces with certain third-party provided technology that allows RSI to send you Push Notifications to alert you to messages from us. The third-party provider of such technology will not have access to your Personal Information. The App may also contain links to third-party websites that are not affiliated with RSI. RSI does not control third-party websites, and is not responsible for the privacy practices or the content of such third-party websites.

7. Access To and Correction of Your Information. You are responsible for reviewing your Personal Information in the App, as well as any documents produced from or through the App, and notifying RSI of any errors or necessary changes.

8. Retention of Information Collected Through the App. RSI will retain Personal Information collected through the App for six years, or for a longer period if required by law or as necessary to defend itself in litigation.

9. How We Protect Your Information. RSI has implemented reasonable measures designed to secure your Personal Information from loss and unauthorized access, use or disclosure, and to protect the confidentiality of your communications with RSI transmitted through the App. RSI employs Secure Sockets Layer (SSL) encryption in the App where Personal Information is collected and messages are exchanged with us. Despite our efforts, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while RSI takes reasonable steps to protect your information, we cannot ensure or warrant the security of the information you transmit through the App, and you do so at your own risk.

10. Applicability of HIPAA. RSI is a covered entity under the Health Insurance Portability and Accountability Act of 1996 and implementing regulations (“HIPAA”), and will comply with the requirements of HIPAA applicable to covered entities.

11. Changes to Our Privacy Policy. RSI may update this Privacy Policy from time to time. We will notify you of any material changes in how we collect, use, or disclose Personal Information the first time you access the App after the changes have gone into effect. The most current version of the Privacy Policy will be available in the App to access at any time.

12. Applicable Law. RSI controls and operates the App from the United States. The App is not intended to subject RSI to the privacy laws or jurisdiction of any state, country, or territory other than that of the United States. RSI does not represent that the App is appropriate for use in any particular jurisdiction. Those who access the App do so at their own initiative and are responsible for complying with all local laws, rules, and regulations.

13. Contact Information. If you have questions about this Privacy Policy, the App, or the collection or use of your information, you may contact your RSI clinic.

By clicking “I agree” below, you acknowledge that you have read and agree to comply with this RSI Mobile Application User Agreement in its entirety, which contains the Terms and Conditions and Privacy Policy governing use of the App.