Privacy policy

Terms of Use

These Terms of Use (“Terms”) govern your use of the True Sage International, Inc. service, and any other website or online service that True Sage International, Inc. (“True Sage,” “we,” “us,” or “our”) operates and that links to these Terms (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

I. PRIVACY

By using the Services, you consent to our processing your information consistent with our Privacy Policy (https://www.truesage.com/privacy-policy).

II. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

True Sage International Inc. does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. All of the Providers are independent of True Sage and merely using the Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from True Sage. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

NEITHER TRUE SAGE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.

True Sage does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you. IN

THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY TRUE SAGE AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.

Providers may not utilize the Services to provide fee for service consultations to Medicare or Medicaid beneficiaries. In select circumstances, Providers may utilize the Services to provide consultations to participants in a Medicare Advantage or Managed Medicaid plan. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, Operator reserves the right to terminate all current or future use of the Services by you.

III. ACCOUNT ENROLLMENT

To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of sub-accounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

IV. PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;

• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or

• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

V. PAYMENT AUTHORIZATION

By providing a credit card or other payment method accepted by True Sage (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that True Sage may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation. As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any.

You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify True Sage of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, True Sage may at its discretion attempt to process the charge again at any time within 30 days.

When scheduling a visit with a Provider using the Services, you will be required to provide a Payment Method. If you choose to cancel your scheduled appointment, you must do so at least 24 hours in advance of the scheduled appointment time. Should you choose to cancel your scheduled appointment within 24 hours of the scheduled appointment time, Operator may assess a reservation fee.
You acknowledge and agree that fees for consultations may increase at any time.

VI. INTELLECTUAL PROPERTY RIGHTS

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to True Sage or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of True Sage, its affiliates, or any third party.

VII. PASSWORD SECURITY

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.

VIII. WEBSITE AND THIRD-PARTY CONTENT

Other than information received directly by you from Providers, the content on the Services should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. True Sage does not recommend or endorse any specific tests, providers, medications, products, or procedures.

The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

IX. CONSENT TO SERVICES

The Service 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. In addition, by clicking the “AGREE” button you are authorizing Providers to release your contact information to True Sage solely in order for True Sage to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at [email protected]. Finally, when using the Service you may be asked if you would like to share certain PHI collected by Apple Health with True Sage. By clicking on “SYNC” you are authorizing True Sage to collect and Providers to utilize such PHI.

By clicking the “AGREE” button, you also acknowledge the importance of providing a record of your clinical encounters via the Services to your primary care provider. At the end of your consultation, you will have the option to send this record to your primary care provider via email and we encourage you to do so.

X. CONSENT FOR TREATMENT PERFORMED

We are providing this information on behalf of Providers:

Telemedicine involves the use of communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or sub-specialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).

The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.

Anticipated Benefits of Telemedicine

• Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.

• More efficient medical evaluation and management.

Possible Risks of Telemedicine

As with any medical procedure, there are potential risks associated with the use of telemedicine. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

• Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.

• Security protocols could fail, causing a breach of privacy of personal medical information.

• Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms, you acknowledge that you understand and agree with the following:

1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.

2. I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.

3. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.

4. I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. If I obtain psychotherapy from Provider, I understand that my therapist has the right to limit the information provided to me if in my therapist’s professional judgment sharing the information with me would be harmful to me.

5. I further understand that my healthcare information may be shared in the following circumstances:

a) When a valid court order is issued for medical records.

b) Reporting suspected abuse, neglect, or domestic violence.

c) Preventing or reducing a serious threat to anyone’s health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

XI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TRUE SAGE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT TRUE SAGE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT TRUE SAGE IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. TRUE SAGE INTERNATIONAL, INC., ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.

XII. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

XIII. CHOICE OF LAW AND FORUM

The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Boston, Massachusetts, unless agreed upon by all parties.

XIV. MISCELLANEOUS

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

True Sage International, Inc. Privacy Policy


Protecting your privacy is important to True Sage International, Inc. (“True Sage,” the “Company”, “us” or “we”). This policy describes how the Company may use your data.

True Sage International, Inc. (“True Sage”, “we”, “us”, or “our”) operates the, Truesage.com website, True Sage Patient App, True Sage Provider App and True Sage Provider Dashboard, to provide healthcare professionals with Remote Patient Monitoring solutions for their patients.

True Sage has a few online presences where this privacy policy applies, namely a corporate website and an App system to enable clinicians to remotely monitor their patients. 

For its app, True Sage uses the data you leave in the various contact forms to communicate back with you for sales, marketing and support services

For its remote patient monitoring system, True Sage has no plan to sell neither your Personal data nor Health data to anyone. True Sage only sells to clinicians the secured data collection and patient engagement mechanisms, not the data itself. In essence for remote patient monitoring systems, True Sage may monitor system’s usage in order to improve the software’s user experience or performance, to use anonymized data in order to provide aggregated community stats and trends, add online features to expand the usability and depth of its software offering.

This policy describes the extent of the use, protection and precaution that True Sage will take in respect of your data.

By using the Services, you hereby consent to the collection, use, and disclosure of your Personal data (ex: name, email address) and your patients’ Personal data (ex: name, email address, Health data) in accordance with this Privacy policy.

Definitions:

Data controller (or HCP, healthcare professional including supporting staff) means the natural or legal person who determines the purpose and the means of the processing of the Personal data;

Data processor (or Vytrac including subcontractors) means the natural or legal person processing the Personal data on behalf of the Data Controller;

Data subject (or User) means the physical person of which the Personal data has been collected pursuant to the Services;

Health data means data related to the physical and/or mental health of a natural person, including the provision of health care services, which reveal information about that natural subject;

Personal data means any information (including Health data) related to an identifiable natural individual and collected pursuant to the Services;

Services means the True Sage website and all apps and software operated by True Sage;

 

  1. Why we collect your information:

We collect, use, disclose and process Personal data to provide you with the Services and to improve your user experience and technical support. True Sage may use your Personal data to contact and correspond with you, to respond to your inquiries; to track communications with you; to perform safety backups of your Personal data; to assist you or your healthcare professional in tracking your Health Data; to generate global statistics (anonymized data will be used for this purpose); to help the Company develop new services and software features that meet your needs and to improve the Software.

  1. What information we collect:

We collect Personal data from you in several different ways when you interact with our Services such as:

  • Active Personal data collection: You actively send information to us when you sign-up as a member of the Services, participate in surveys, respond to us or otherwise contact us. Depending on your choices, you may send us Personal data about yourself and/or others such as your email address, name, mailing address, phone number, birthday, and gender, as well healthcare portal user key. At all times, you determine what information you want to actively share with us.
  • Health Data Processing: If you are using the Services in the course of the remote patient monitoring program of a healthcare professional, you may actively send your Health Data throughout our Services to your healthcare professional. True Sage shall only act as a Data processor relating to your Health Data.
  • Passive Information Collection: We also collect information about how you use and interact with our Services. The collected information includes your IP address, the pages you visit within our Services, the date and time when you visit the website, the URL that referred you to our services, the device that you use to visit the website, and the device used when operating the app. We also collect usage information, such as which feature you are using, for how long and when, and demographic information, such as your gender and age, which we may prompt you for. The data collected does not identify you and is used to improve our Services’ performance and appearance through your account connection.
  • Third-Party Programs data: If you chose to connect Third-Party Applications, devices, websites or apps to the Services (Third-Party Programs), True Sage will generally receive your Personal data collected by said Third-Party Programs in order to integrate same to the Services. The Third-Party Programs are not developed, sold or designed by True Sage. Therefore, True Sage does not warrant and is not responsible for the collection, use and disclosure of your Personal data made by Third-Party Programs. Disclosure of your Personal data to True Sage by Third-Party Programs shall be pursuant to the Third-Party Program’s Privacy policy. However, if you chose to connect Bluetooth Devices directly supported by our Services, then no Third-Party shall be involved in collecting your data.

 

  1. Necessary collection, use and disclosure:

True Sage shall collect and use your Personal data only to the extent that is necessary to provide the Services and will not use your Personal data for purposes other than those why your Personal data was initially collected.

We keep your Personal data secured, encrypted and confidential and we do not disclose it, but note the following clarifications and exceptions:

  • Law enforcement: We may share your Personal data to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others or as otherwise required by any applicable law or regulation.
  • Bluetooth devices: At the user’s discretion, the Services may be connected by Bluetooth technology to health measuring devices. The manufacturers of these devices have elected to use Bluetooth LE (low energy) communication as a means of providing a “real-time” experience to users allowing immediate retrieval of data from their devices. The Services does not use Bluetooth for any other purpose. If you do not wish to have your Personal data transmitted by Bluetooth you may disable Bluetooth on your smartphone or similar device in the settings application for that device, or you may simply not connect (or disconnect if you have already connected) the devices that require Bluetooth on the Software.
  • Aggregated Statistics and Reports: We freely use and disclose data in anonymous form, for example, in statistics or reports.
  • Our employees and authorized independent contractors (“Authorized personnel”): Authorized personnel may have access to your Personal data for the purpose of helping us administer and run our Services (and not for their own, independent purposes). Authorized personnel access and use such Personal data in accordance with our instructions, on a “need to know” basis, and under defined strict confidentiality and security obligations.
  • Business transfers: True Sage may be involved in the sale or transfer of some or all of its assets or other transactions. As part of that transaction, True Sage may disclose your Personal data to the acquiring organization or other organization involved in the sale or transfer of some or all of its assets or other transactions, to the extent permitted by law, but will require such organization to agree to protect the privacy of your Personal data in a manner consistent with this Privacy policy and applicable law.
  • Express consent: True Sage shall also disclose your Personal data at your express request.

 

  1. Data controller of your Health data:

By are using the Services in the course of your medical treatment by a healthcare provider, that healthcare professional shall obtain a verbal or written consent from you to collect, use and disclose your Personal data and Health data.

That healthcare professional may modify, add and/or erase your Personal data and Health data; may provide alerts to you through the Services and may share your Personal data and Health data with its clinical staff or healthcare partners who require access to patient information, within the requirements of the applicable regional privacy laws such as the Privacy and Security Rules of Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In addition, your Personal data and Health data may also be used or disclosed by the healthcare professional for the his business partners or other purposes of healthcare treatment, payment (including but not limited to health insurance claims and reimbursement) and operations of the medical practice, as well as for other purposes permitted by applicable laws.

At all times, Your healthcare professional is the Data controller of Health data. True Sage shall act as the Data processor of your Health data for your healthcare provider.

 

  1. Personal data Hosting and Storing:

Except for non-identifiable and anonymized information which True Sage may store in perpetuity and in any reasonable location, True Sage shall host and store your Personal data for a maximum of 6 months after you delete your account, ask for the deletion of your account or have your account deleted by your healthcare professional. After such period, True Sage may delete your stored Personal data, with respect to the applicable laws.

Your Personal data may be stored in locations outside of your state or country with respect to the applicable regional laws, such as, but not limited to, the General Data Protection Regulation of the European Union, the HIPAA of the United States of America and the Personal Information Protection and Electronic Documents Act of Canada.

 

  1. Access and Update:

You have the right to access and obtain copies of your Personal data. You also have the right to update, rectify and correct any Personal data that you believe is inaccurate or incomplete. To do so, please contact our Privacy officer at [email protected].

 

  1. Withdrawal of consent and Opt-out:

If you do not agree with our methods of using your Personal data as set out in this Privacy Policy, you may withdraw your consent to the use, collection and disclosure of your Personal data. To do so, please contact Vytrac’s Privacy officer at [email protected]. Additionally, you may notify your physician of your request to discontinue the RPM program. 

 

  1. Generally not suitable for children under the age of [13]:

True Sage Services are not intended for children under the age of 13. We do not knowingly collect Personal data via the Services from users in this age group. We do, however, collect information about children and babies provided by the parents or legal guardians of such children or babies. We ask our Services’ users not to provide information about any baby or child without first getting their parents’ or legal guardians’ consent. By providing Personal data regarding any baby or child, you are affirming that you are legally authorized to do so. We encourage parents and legal guardians to talk to their children about their use of the Internet and the information they disclose pursuant to the Services.

In the event that the Services have been used by a child under the age of 13 to store information of that child without parental consent, True Sage shall be and is authorized to delete, in its entirety, any of the information stored. True Sage also reserves the right to revoke any license to use the Services which is being used by a child under the age of 13.

As we also do not intentionally collect or maintain information in the Services from those visitors and Users of the Services who are under 18 years old.

 

  1. Third-Party Programs:

True Sage is not responsible for the behavior, features or content of linked Third-Party Programs, or Third-Party Programs framed within the services, or provided as search results and does not make any representations regarding their content or accuracy. Your use of these Third-Party Programs is at your own risk and is subject to their terms of use and Privacy policy. Vytrac does not endorse any product, service, or treatment advertised in the Services. True Sage will have no liability with respect to any loss or damage of any kind incurred as a result of any in the Services.

 

  1. Security

True Sage uses commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal data we collect. However, True Sage can’t fully eliminate security and/or privacy risks associated with Personal data created, stored or transferred using the internet and internet technologies.

True Sage, as the Data processor, shall not be liable for any breach, unauthorized disclosure or unlawful use of your Personal data or Health data that was, at the time of the breach, under the control of your healthcare professional.

  1. Electronic communications (E-mails):

Your email address may be used to send you Electronic Communications from time to time. At any time, you may ask us to stop sending you Electronic Communications by contacting [email protected] or using the unsubscribe clickable mechanisms provided at the bottom of such communication.

 

  1. Changes to this Privacy Policy

We reserve the right to amend this Privacy policy from time to time without any prior notice or warning.
The collection, use and disclosure of your Personal data by True Sage will be governed by the latest version of this Policy.  

 

  1. End User License Agreements:

The End User License Agreement, available at True Sage International, Inc. governing your use of the Services (and which may be viewed from the info page of the software) contains important provisions disclaiming and excluding the liability of True Sage and others in relation to your use of the Services, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Services. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your Personal data, and are of the same force and effect as if they had been reproduced directly in this Policy.

 

  1. Do Not Track:

While many current browsers permit you to send a signal to us about your Do Not Track (“DNT”) preferences, we do not respond or support DNT signals sent from your browser.

 

  1. Access, Comments, and Questions

To get the best use of the Services, please keep your information accurate, current, and complete by routinely updating your user profile. If you have any questions, comments or concerns regarding this Privacy Policy, please contact our Privacy Officer.

Terms of Use

These Terms of Use (“Terms”) govern your use of the True Sage service, and any other website or online service that True Sage International, Inc. (“True Sage,” “we,” “us,” or “our”) operates and that links to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

I. PRIVACY

By using the Services, you consent to our processing your information consistent with our Privacy Policy (https://www.truesage.com/privacy-policy).

II. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

True Sage does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself. All of the Providers are independent of True Sage and merely using the Services to communicate with you. Any information or advice received from a Provider comes from the Provider, and not from True Sage. Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

NEITHER TRUE SAGE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.

True Sage does not make any representations or warranties about the training or skill of any Providers using the Services. You are ultimately responsible for choosing your particular Provider on the Services. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you. 

IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY TRUE SAGE AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.

Providers may not utilize the Services to provide fee for service consultations to Medicare or Medicaid beneficiaries. In select circumstances, Providers may utilize the Services to provide consultations to participants in a Medicare Advantage or Managed Medicaid plan. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, Operator reserves the right to terminate all current or future use of the Services by you.

III. ACCOUNT ENROLLMENT

To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

IV. PROHIBITED CONDUCT

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;

• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or

• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

V. PAYMENT AUTHORIZATION

By providing a credit card or other payment method accepted by True Sage (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that True Sage may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation. As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any.

You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify True Sage of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, True Sage may at its discretion attempt to process the charge again at any time within 30 days.

When scheduling a visit with a Provider using the Services, you will be required to provide a Payment Method. If you choose to cancel your scheduled appointment, you must do so at least 24 hours in advance of the scheduled appointment time. Should you choose to cancel your scheduled appointment within 24 hours of the scheduled appointment time, Operator may assess a reservation fee.
You acknowledge and agree that fees for consultations may increase at any time.

VI. INTELLECTUAL PROPERTY RIGHTS

The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to True Sage or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of True Sage, its affiliates, or any third party.

VII. PASSWORD SECURITY

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.

VIII. WEBSITE AND THIRD-PARTY CONTENT

Other than information received directly by you from Providers, the content on the Services should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. True Sage does not recommend or endorse any specific tests, providers, medications, products, or procedures.

The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

IX. CONSENT TO SERVICES

The Service 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. In addition, by clicking the “AGREE” button you are authorizing Providers to release your contact information to True Sage solely in order for True Sage to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at [email protected]. Finally, when using the Service you may be asked if you would like to share certain PHI collected by Apple Health with True Sage. By clicking on “SYNC” you are authorizing True Sage to collect and Providers to utilize such PHI.

By clicking the “AGREE” button, you also acknowledge the importance of providing a record of your clinical encounters via the Services to your primary care provider. At the end of your consultation, you will have the option to send this record to your primary care provider via email and we encourage you to do so.

X. CONSENT FOR TREATMENT PERFORMED

We are providing this information on behalf of Providers:

Telemedicine involves the use of communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or sub-specialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).

The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.

Anticipated Benefits of Telemedicine

• Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.

• More efficient medical evaluation and management.

Possible Risks of Telemedicine

As with any medical procedure, there are potential risks associated with the use of telemedicine. Provider believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

• Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.

• Security protocols could fail, causing a breach of privacy of personal medical information.

• Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms, you acknowledge that you understand and agree with the following:

1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.

2. I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.

3. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.

4. I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. If I obtain psychotherapy from Provider, I understand that my therapist has the right to limit the information provided to me if in my therapist’s professional judgment sharing the information with me would be harmful to me.

5. I further understand that my healthcare information may be shared in the following circumstances:

a) When a valid court order is issued for medical records.

b) Reporting suspected abuse, neglect, or domestic violence.

c) Preventing or reducing a serious threat to anyone’s health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

XI. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TRUE SAGE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT TRUE SAGE IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT TRUE SAGE IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. TRUE SAGE INTERNATIONAL, INC., ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.

XII. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

XIII. CHOICE OF LAW AND FORUM

The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Boston, Massachusetts, unless agreed upon by all parties.

XIV. MISCELLANEOUS

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

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