Living Well Nutrition
Fruit Street Health, Inc. (“Company”, “Fruit Street”, “us”, and “we”) has developed an online weight management and telehealth platform for virtual health care visits via video conferencing, remote behavioral health monitoring, online scheduling and payments, personal health records, ecommerce, social networking, virtual waiting rooms, wearable sensor integration and visualization, and visual food diary mobile systems (the “Fruit Street Platform” or sometimes the “Site”).
In general, the primary purpose of the Fruit Street Platform is to provide a platform for the delivery of telehealth services between third-party professionals (“Independent Professionals”) and Users for which the Fruit Street Platform requires registration for both the Independent Professionals and Users.
The Fruit Street Platform may require Users, in addition to the terms and conditions set out below, to agree to additional rules, conditions, requirements or guidelines, which may be posted on the applicable section of the Fruit Street Platform. All such additional rules, conditions, requirements and guidelines are incorporated by reference into these Terms of Use (collectively the “Fruit Street TOS”).
By using the Fruit Street Platform, you, as a “User” as described herein, signify your assent to the Fruit Street TOS.
Fruit Street may revise and update the Fruit Street TOS at any time. Your continued usage of the Fruit Street Platform will mean you accept these revisions and updates. You will be required at various times during your access of the Fruit Street Platform to signify your consent the Fruit Street TOS as revised from time to time.
Neither Fruit Street Nor The Fruit Street Platform Provides Medical Advice
The primary service of the Fruit Street Platform is to enable the rendering of Telehealth Services by Independent Professionals to Users and to facilitate telehealth services, record keeping, and other services and communication between Independent Professionals and Users.
Fruit Street does not render or perform any of the Telehealth Services provided on the Fruit Street Platform by Independent Professionals. None of the Independent Professionals rendering telehealth services on the Fruit Street Platform are employees or agents of Fruit Street.
The Fruit Street Platform, for the general education of Users and the general public, also contains content in the form of text, graphics, images, and information obtained from Fruit Street’s licensors of content, as well as User generated content (collectively "Fruit Street Content"). The Fruit Street Content is for informational purposes only and is not supplied in connection with the telehealth services performed on the Fruit Street Platform.
The Fruit Street Content is not intended to be a substitute for professional medical advice, 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.
Neither Fruit Street nor the Fruit Street Platform recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be contained on the Fruit Street Platform.
Collection of Fees for Independent Professionals
The Fruit Street Platform provides billing and collection services for the telehealth services performed by Independent Professionals on the Fruit Street Platform and rendered to the Users of the Fruit Street Platform (“Fruit Street Collection Services”).
The Fruit Street Collection Services are performed on behalf of the Independent Professionals and the fees collected are remitted to the Independent Professionals after payment of Fruit Street Platform service fees.
The Fruit Street platform may also collect subscription fees from its Users and Independent Professionals. These subscription fees are solely for the use of the Fruit Street Platform and are not collected as payment for any telehealth services rendered on the Fruit Street Platform.
User Registration
In order to use certain features of the Fruit Street Platform, including Fruit Street Platform telehealth services, you must register for an account on the Fruit Street Platform (“User Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
You may delete your User Account at any time, for any reason, by following the instructions on the Fruit Street Platform. Fruit Street may suspend or terminate your User Account at its sole discretion. You are responsible for maintaining the confidentiality of your User Account login information, controlling access to your User Account information, and are fully responsible for all activities that occur under your User Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
User Content
The Fruit Street Platform provides features (such as User profiles, blogs, User reviews, and message boards) that enable Users, among other activities, to create and upload content to the Fruit Street Platform (“User Content”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Fruit Street Acceptable Use Policy set out below. You may expose yourself to liability if your User Content violates our Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Fruit Street. Fruit Street is not obligated to backup your User Content and your User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant, that you have the right to grant, to Fruit Street an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content on the Fruit Street Platform. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy
You agree to abide by Fruit Street’s “Acceptable Use Policy”, which is set out as follows:
a. You agree not to use the Fruit Street Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
b. You agree not to use the Fruit Street Platform to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Fruit Street Platform or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Fruit Street Platform, other computer systems or networks connected to or used together with the Fruit Street Platform, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Fruit Street Platform; or (vi) introduce software or automated agents or scripts to the Fruit Street Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Fruit Street Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
c. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Account, and/or reporting you to law enforcement authorities.
Limitation of Liability
The use of the Fruit Street Platform is at your own risk.
When using the Fruit Street Platform, information will be transmitted over an electronic medium that is beyond Fruit Street’s control. Accordingly, Fruit Street assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Fruit Street Platform.
The Fruit Street Platform and the content are provided on an "as is" basis.
FRUIT STREET, AND ITS SUBLICENSEES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR 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, Fruit Street make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of any content on the Fruit Street Platform, as well as any software, text, graphics, links, or communications provided on or through the use of the Fruit Street Platform.
In no event shall Fruit Street be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Fruit Street Platform or its Content, whether based on warranty, contract, tort, or any other legal theory.
Any actual damages incurred by you not otherwise subject to exclusion under the Fruit Street TOS shall be deemed by our agreement not to exceed U.S. $1,000.00 (one thousand dollars).
Specific Intellectual Property Rights to User Content
If you create or upload any User Content that contains business information, ideas, concepts or inventions or submit by email or other messaging or social media service to Fruit Street or the Fruit Street Platform, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- 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. may sublicense its rights through multiple tiers of sublicenses.
Password Management
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Fruit Street Platform passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform Fruit Street if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.
Indemnification for User Actions
You agree to defend, indemnify, and hold Fruit Street , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Notice and Takedown Procedures and Copyright Agent
If you believe any materials accessible on or from the Fruit Street Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Fruit Street Platform by contacting 's Fruit Street’s copyright agent (identified below) and providing the following information as applicable:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Fruit Street's agent for copyright issues relating to this web Fruit Street Platform is as follows:
Christopher F. Meatto, Esq., Harvardlaw74.com, 1140 Avenue of the Americas, Ninth Floor, New York, New York 10036, email address: christopher@HarvardLaw74.com.
PRIVACY
Use of the Fruit Street Platform is subject to the Fruit Street Platform Privacy Policy, which is incorporated herein by reference. In using the Fruit Street Platform, you agree to be bound by the Fruit Street Platform Privacy Policy, which we encourage you to review HERE[LINK].
TERM AND TERMINATION
The Fruit Street TOS remains in full force and effect while you use the Fruit Street Platform as a User or a guest.. We may (a) suspend your rights to use the Fruit Street Platform (including your User Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Fruit Street Platform in violation of this Agreement. Upon the termination of this Agreement between you and Fruit Street, your User Account and right to access to the Fruit Street Platform will terminate immediately. You understand that any termination of your User Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Account or deletion of your User Content.
GENERAL
The Fruit Street TOS may be revised, modified or updated at any time (“TOS Revisions”). Continued use of the Fruit Street Platform following the publications TOS Revisions shall represent your continued agreement to the terms of the Fruit Street TOS. You are encouraged to review the Fruit Street TOS from time to time when you are utilizing the Fruit Street Platform.
These Terms of Use shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles. You agree that all disputes will be brought in federal or state courts located in New York County, New York, New York, and you agree to submit to the personal jurisdiction of such courts. You agree that you will not pursue any claim arising from your use of this Site or to enforce any provision of these Terms of Use unless such claim is initiated within one (1) year of the date that the claim arose.
The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing. The foregoing does not affect your non-waivable rights.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used in theses terms of Use, the word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement. The terms of this Agreement shall be binding upon assignees.
as amended: September 11, 2014
INTRODUCTION
Fruit Street Health, Inc. (“Fruit Street”, “Company”, “us”, and “we”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of both our website, located at www.FruitStreet.com and the Fruit Street Platform (collectively the “Fruit Street Platform”) as described and defined in the Fruit Street Terms of Use (“Fruit Street TOS”). Capitalized terms not defined herein are defined in the Fruit Street TOS.
Our Privacy Policy also serves as a notice to describe how personal information and health information (PHI) about you may be used, how it may be disclosed and how you can obtain access to this information. The law (45 CFR Part 160 and Part 164, Subparts A and E) requires that your PHI be kept private. We must give you such notice about our privacy practices and follow the terms of this notice while it is in effect. Your use of the Fruit Street Platform indicates your acceptance of the terms of this notice and our Privacy Policy.
Fruit Street is engaged in the business of providing internet healthcare resources to connect our Users with Independent Professional dietitians in real time, via live streaming video, telephone, messaging, social media and/or secure e-mail and to provide Fruit Street Collection Services between our Users and Independent Professionals (collectively “Platform Services”)..
INFORMATION THAT MAY BE COLLECTED BY FRUIT STREET
In order to use the Platform Services, you as a User are required to enter an email address and password, which we refer to here as your Fruit Street ID or credentials. After you create your Fruit Street ID, you can use the same credentials to log in to Fruit Street's website and utilize the Platform Services. This log-in process will allow you to manage your account, it will allow you to search dietitian, make appointments, attend appointments, and utilize and enjoy all Platform Services.
The first time you log in to Fruit Street's website to utilize the Platform Services, you will be asked to create an account also known as your profile. To create an account, you must provide personal information such as name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data that will be available for you to share with the Independent Professionals who are also registered on the Fruit Street Platform.
Fruit Street will use the email address you provide when you create your account to send you an email requesting that you validate your account. Your email address may also be used by Fruit Street to provide appointment reminders, changes in appointments, messages from our Independent Professionals and other relevant communications in connection with Platform Services.
Fruit Street will also use your e-mail address as the primary means to reset your username and password. Your email address will not be shared with any other third parties and will not be used for advertising or sales purposes.
Fruit Street creates as appropriate, a textual, audio, and visual record of all Platform Services in which you participate. Some examples include the creation of video and/or audio files associated with all dietitian sessions, electronic medical records that may be uploaded or created as a result of treatment by you or an Independent Professional, data received from medical wearable technologies, etc.
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For certain Platform Services that require a fee,, we will collect credit card or billing/payment account information which we maintain in encrypted form on secure servers.
In order to participate in Platform Services, you will need to provide, and/or upload to the Fruit Street Platform , Personal Health Information (“PHI”). Here are examples of the types of Personal Health Information we gather:
-Information You Give Us - Examples of the types of information you may provide us include measurements, such as weight, blood pressure or glucose levels, lab results, medications, health history, and other health or PHI, such as prescription information.
-Information Accessed through Third-Party Data Platform Services - When you use Fruit Street Platform Services, we may access health-related information about you that is stored with third party-data Platform Services such as Microsoft HealthVault or Google Health, and such information will subsequently be available to us.
-Third-Party Information - Health-related information about you received from third-parties (such as nurses, doctors or family members) as well as personally identifiable and other health-related information you provide specifically related to family members who may be utilizing the Platform Services under your account.
Demographic information, such as age, education, gender, social security number and zip code.
HOW INFORMATION ABOUT YOU MAY BE USED BY FRUIT STREET
Fruit Street may gather PHI primarily to share with our Independent Professionals for the purposes of diagnosis, treatment, and health care operations. However, in limited circumstances Fruit Street may use de-identified, non-personal information for statistical analysis, improvement of the Platform Services, and customization of web design and content layout.
Uses and Disclosures of PHI
Fruit Street is permitted to use and disclose your PHI for following purposes:
For Dietitian Treatment. Fruit Street may use or disclose your PHI to facilitate your treatment via Platform Services that is being provided by a Fruit Street registered Independent Professional dietitian.
For Payment. Fruit Street may use and disclose your PHI with others who help pay for your care such as health insurers or health plans in connection with the processing and payments of claims and other charges.
For Health Care Operations. Fruit Street may use and disclose your PHI for its health care operations. These uses and disclosures help us run our programs and make sure Fruit Street's patients receive quality care. For example, Fruit Street may use PHI to review the treatment and provision of Platform Services. Fruit Street may use PHI to measure the performance of the Independent Professionals who are working with you or providing you treatment. Fruit Street may share PHI with third parties who Fruit Street engages to provide various Platform Services. If any such third party requires access to your PHI in order to perform the agreed upon Platform Services, Fruit Street will require that third party be bound to the terms outlined in this Privacy Policy.
Business Associates. Fruit Street may contract with outside businesses to provide some Platform Services. For example, Fruit Street may use the Platform Services of transcription, laboratories or collection agencies. Each contracted party must enter into a Business Associate agreement with Fruit Street, which requires said third party businesses to protect PHI that is shared with them in accordance with the restrictions outlined in this Privacy Notice. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required Platform Services to help facilitate treatment, payment, and health care operations to you.
For Appointment Reminders. Fruit Street may contact you to remind you about your appointments.
Treatment Alternatives. Fruit Street may use and disclose PHI to tell you about different types of treatment available to you. Fruit Street may use and share PHI to tell you about other benefits and Platform Services related to your health.
Research. In support of telemedicine and ehealth initiatives, Fruit Street may use and disclose your PHI for research. Fruit Street will only use and disclose information for research if Fruit Street receives your written consent, or if a review committee that meets Federal standards says Fruit Street does not need your consent.
Genetic Information. Fruit Street does not collect or use genetic information. Fruit Street does not use genetic information for underwriting and related purposes.
Fundraising Activities. Fruit Street will not disclose your individual PHI for fundraising activities without your written authorization.
As Required By Law. Fruit Street may use and disclose your PHI when required to do so by federal, state or local law.
Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name.
How Fruit Street May Use and Disclose PHI - Special Situations
Military. If you are in the U.S. or foreign armed Platform Services, Fruit Street may share your PHI as required by the proper military authorities.
Workers' Compensation. Fruit Street may share your PHI for workers' compensation or programs like it. Fruit Street may do this to the extent required by law.
Public Health Risks. Fruit Street may share your PHI for public health activities, as required by federal, state or local law.
For example, we may share your PHI:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report child abuse or neglect;
- to report reactions to medicines or problems with products;
- to tell you about product recalls;
- to tell you if you have been exposed to a disease or may be at risk for catching or spreading a disease or condition;
- to tell the proper government department if Fruit Street believes a patient has been the victim of abuse, neglect or domestic violence. Fruit Street will only share this information when ordered or required by law.
De-identified Information. Fruit Street may use, disclose, and request PHI if the Health Information to be used or disclosed is de-identified pursuant to the procedures set forth in 45 CFR 145.514(a)-(c).
Health Oversight Activities and Registries. Fruit Street may share your PHI with government agencies that oversee health care. Fruit Street may do so for activities approved by law. These activities include, but are not limited to, audits, investigations, inspections and licensure surveys. The government uses these activities to monitor the health care system. It also monitors the outbreak of disease, government programs, compliance with civil rights laws, and patient outcomes. Fruit Street may share PHI with government registries, if required.
Lawsuits and Disputes. If you are in a lawsuit or a dispute, Fruit Street may share your PHI in response to a court order, legal demand or other lawful process.
Law Enforcement. Fruit Street may share PHI if asked to do so by a law enforcement official under limited circumstances as follows:
- to report certain types of wounds;
- to respond to a court order, subpoena, warrant, summons or similar process;
- to identify or locate a suspect, fugitive, material witness, or missing person;
- about the victim of a crime, if under certain limited circumstances, Fruit Street is unable to obtain the victim's agreement;
Decedents. Fruit Street may, under limited circumstances, disclose your PHI to coroners, medical examiners, funeral directors for the purposes of identification, determining the cause of death and fulfilling duties relating to decedents.
National Security. Fruit Street may share, if required, your PHI with the proper federal officials for national security reasons.
HOW PHI DATA SECURITY IS HANDLED AT FRUIT STREET
The importance of security for all personal information including, but not limited to, PHI associated with you is of utmost concern to us. At Fruit Street, we exercise state of the art care in providing secure transmission of your information from your PC or mobile device to our servers. PHI collected by the Fruit Street platform is stored in secure operation environments that are not available or accessible to the public. Only those employees who need access to your information in order to do their jobs are allowed access, each having signed confidentiality agreements. Any employee who violates our privacy or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
Fruit Street is not only HIPPA compliant but additionally utilizes the latest technologies to ensure utmost security. Fruit Street uses several layers of firewall security and different degrees of encryption for each customer's sensitive PHI to ensure the highest level of security which meets or exceeds the requirements promulgated under HIPAA (defined below)
Fruit Street Medical Group is the sole owner of the information collected on its site. Fruit Street Medical Group will not sell, share or lease this information to others. Fruit Street does not sell any customer lists, e-mail addresses, cookies or other data without your written authorization.
Cookies and Tracking Technologies
Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. Fruit Street uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Fruit Street has no access to or control over these cookies. This privacy policy covers the use of cookies by Fruit Street only and does not cover the use of cookies by any third-party.
Secure interaction. When you interact with the Fruit Street Platform, all of your PHI including, but not limited to, your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Fruit Street also takes the following measures to protect your PHI online:
Passwords. To provide you with an increased level of security, online access to your PHI is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Fruit Street will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or E-mail messages).
No data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your PHI from unauthorized access, use or disclosure, Fruit Street cannot ensure or warrant the security of any information you transmit to us on our web site.
Your Rights Regarding Your PHI
You have the following rights regarding PHI that Fruit Street maintains about you:
Right To Inspect and To Receive Copies. You have the right to view and receive copies of the PHI used to make decisions about your care, provided you submit your request in writing. Usually, this includes medical and billing records. It does not include some records such as psychotherapy notes. Fruit Street may deny your request to view and/or copy your PHI in limited circumstances. If your request is denied, Fruit Street will inform you of the reason of the denial and you have the right to request a review of the denial. Fruit Street may charge a fee for the costs of processing your request.
Right To Amend. If you think that personal information Fruit Street has about you is wrong or incomplete, you have the right to ask for an amendment to your record. To request deletion of any personal information or ask for a change to your record, you must make your request in writing and submit it to Fruit Street. If we are not able to comply with your request, we will respond with an explanation. Fruit Street may deny your request for an amendment to your record. Fruit Street may deny your request if it is not submitted in writing or does not include a reason to support the request. Fruit Street may also deny your request if you ask Fruit Street to amend information that:
- Fruit Street did not create, unless the person or entity that created the information is no longer available to make the amendment;
- is not part of the records used to make decisions about you;
- is not part of the information which you are permitted to inspect and to receive a copy; or is accurate and complete.
- is not part of the information which you are permitted to inspect and to receive a copy; or is accurate and complete.
We will retain your information for as long as your account is active or as needed to provide you Platform Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Right To an Accounting of Disclosures. You have the right to get a list of the disclosures Fruit Street has made of your PHI. This list will not include all disclosures that Fruit Street made. For example, this list will not include disclosures that Fruit Street made for treatment, payment or health care operations. It will not include disclosures you specifically approved. To ask for this list, you must submit your request in writing on the approved form. The form will be provided to you upon request.
Right To Request Restrictions. You have the right to ask for a restriction or limitation on the PHI Fruit Street uses or discloses for treatment, payment or health care operations. You also have the right to ask for a limit on the PHI Fruit Street discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. Fruit Street is not required to comply with your request. If Fruit Street does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing on a form that we will give you upon request. You must tell us:
- what information you want to limit,
- how you want us to limit the information, and
- to whom you want the limits to apply.
Right To Request Confidential Communications. You have the right to request confidential communications of your PHI or medical matters. You may request that Fruit Street communicate with you through specific means or at a specific location. You must make your request in writing on a form that will be provided to you upon request. Fruit Street will fulfill all reasonable requests.
Right To a Paper Copy of This Notice. You may ask Fruit Street to give you a written copy of this Notice at any time. Even if you have agreed to get this Notice electronically, you still have a right to a paper copy of this Notice.
If you click on a link to a third party site, you will leave the Fruit Street site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your PHI by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as Fruit Street. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Fruit Street Platform, you should read that site's privacy policy before providing any personal information.
Revisions To This Notice
Fruit Street is constantly innovating and implementing new features as part of its Platform Services. As a result, our privacy practices may change. We may revise this Notice to reflect any changes in our privacy practices. We reserve the right to make the revised Notice effective for PHI we already have about you. It also will be effective for any information we receive in the future. We will post a current version of the Notice on this Site prior to the change becoming effective. The effective date of this Notice is on the first page, in the top, left-hand corner. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Fruit Street Platform prior to the change becoming effective.
Social Media Widgets
Our Web site includes Social Media Features, such as the Facebook button. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on the Fruit Street Platform. Your interactions with these Features are governed by the privacy policy of the company providing it.
Complaints
If you think your privacy rights have been violated, you may file a complaint with legal@fruitstreet.com or in writing at the
address listed below. You may also file a complaint with the Secretary of the Department of
Health and Human Services. You will not be penalized for filing a complaint. You may also
contact us for further information about your privacy rights by emailing us at support@fruitstreet.com as well as by post
mail:
Fruit Street Inc.
address
85 Broad Street, New York, NY 10004
Attn: Privacy and Security Officer
ACCEPTANCE
By using the Fruit Street Platform and the Platform Services, you acknowledge your acceptance of this Privacy Policy and agree to its terms. If you do not agree with this policy, you should not use the Fruit Street Platform and the Platform Services. It is recommended that you read this privacy policy before use of Platform Services to ensure that you have not missed any changes to the privacy policy. Your continued use of the Platform Services following any changes to the privacy policy signifies your acceptance of those changes.