CenterMark Health Terms of Use, HIPAA, Privacy Policy   

WEBSITE TERMS OF USE AND CONDITIONS, PRIVACY POLICY, HIPAA

Website terms and conditions

Last Modified: 2024

Acceptance of the Terms of Use and Conditions

These terms of use are binding upon the User and CenterMark Health, LLC (company name) ("the Company"). The following terms and conditions set the rules for the User’s access and use of CenterMarkhealth.com and CenterMHC.com, including any content and services offered through CenterMarkhealth.com and CenterMHC.com (website domain name) (the "Website"). Please read the Terms of Use and Conditions before using the Website.

By using this Website you accept these Terms of Use and Conditions. If you do not want to agree to these Terms of Use and Conditions, you must leave the Website and refrain from having any access to it in the future.

By using this Website, you represent and warrant that you are of legal age to consent to these Terms and Conditions. If you do not meet the legal age requirements to consent to these Terms and Conditions you must leave the Website and refrain from having any access to it in the future.

Changes to the Terms of Use and Conditions and to the Website

We may revise and update these Terms of Use and Conditions as necessary as possible and at our

discretion. All changes are effective at the moment we post such changes and shall apply to all access

and use of the Website.

The User must verify these Terms of Use and Conditions from time to time. The User's continued

access and use of the Website following a revision of the Terms of Use and Conditions shall imply an

acceptance of the changes.

The Company may change the content of this Website from time to time. However, this content is not

necessarily complete or up-to-date and the Company is not under any obligation to update it.

Reliance on the Information Posted

The information presented on the Website is only available for information purposes. The Company

does not warrant the accuracy or completeness of this information. The User may not place reliance on

the information on the Website. The Company disclaims any liability that could arise if any user or any

visitor to the Website relies on such materials.

Third parties may provide content to this Website that includes or may include materials provided by

other users, bloggers, and third-party licensors, syndicators or reporting services. The opinions and

statements expressed in these materials are solely the responsibility of the person or entity providing

those materials. These materials do not necessarily reflect the opinion or views of the Company.

Website Access

The Company reserves the right to amend, modify or delete this Website and its services at our

discretion. The Company will not be liable if the Website is unavailable. The Company may restrict

user access to some parts of the Website or the entire Website.

The Company is not responsible if the User does not meet the requirements to access the Website. The

information you provide to the Company must be up to date and complete. The User is responsible for

informing all persons who use the User's internet connection about complying with the Website's Terms

of Use and Conditions.

The User agrees that all the information provided to the Company for registration purposes is subject to

its Privacy Policy (See policy below). The User consents to all actions the

Company takes under our Privacy Policy. The User is responsible for treating the username and

password chosen or given as confidential. The User acknowledges that the account is personal and

agrees to keep its information private from any other person. The User acknowledges that third parties

do not have a right to access this Website with the User's registered information.

The User shall notify the Company immediately of any unauthorized access to or use of the User's

registered information or any other sort of breach of security. The Company has the right to delete any

registered information or delete any account if it considers that the User has violated any provision of

these Terms of Use and Conditions.

Prohibitions

The User agrees not to use the Website in any way or form that violates any applicable federal, state,

local, or international law. The User may not send, receive, upload, download, or otherwise transmit, or

procure the sending of, any advertising or promotional material, including any junk mail, chain letter,

spam, or any other similar solicitation, without the prior written consent of the Company.

The User may not impersonate or attempt to impersonate the Company, a Company employee, another

user, or any other person or entity when using the Website. The User may not engage in any other

conduct that restricts or inhibits other users' use or enjoyment of the Website or that may harm the

Company or users of the Website, or expose them to liability.

Additionally, the User may not use the Website in any manner that could disable, overburden, damage,

interfere, or impair other users' access to the Website or the proper working of the Website.

Furthermore, the User may not use any bot, robot, spider, or any automatic device to access the Website

for monitoring purposes.

User Content

The Website may contain forums, chat rooms, personal web pages or profiles, bulletin boards, and

other interactive features that allow the users to post content or materials on the Website. Any User

Content you post to the site will be considered non-confidential and non-proprietary. The User grants

the Company and assigns the right to use, reproduce, modify, perform, display, distribute, and

otherwise disclose to third parties any such material for any purpose.

The User represents and warrants that the User has the right to distribute the content that the User posts

or shares on the Website. The User also warrants that all such contents comply with these Terms of Use

and Conditions. The Company is not responsible or liable to any third party for the contents posted on

its Website.

Content Standards

These content standards apply to all content made by the User on the Website. These contents must

comply with any applicable federal, state, local, and international laws and regulations.

Content by the User must not contain images or texts that are offensive, defamatory, abusive, harassing,

violent, hateful, inflammatory, obscene, or otherwise objectionable. The User must not contribute any

sexually explicit, violent, sexually discriminatory, or racist content. Furthermore, the User must also

not violate any privacy rights of other Users (see privacy policy below) or any

third party, nor promote or advocate in favor of any illegal activity. Lastly, the User must not infringe

any patent, trademark, copyright, or other Intellectual Property.

User Information

All the information collected on this Website by the Company is subject to our Privacy Policy

(see privacy policy below). By using the Website, the User consents to any

action the Company might take concerning the User’s information and its compliance with the Privacy

Policy.

All transactions through this Website [place a specific manner of transaction] or information formed

through the Website, or resulting from visits made by the User, are governed by these Terms of Use and

Conditions. [and, when applicable, to the Company’s Terms of Sale (see terms of sale)].

The Company hereby incorporates any additional terms and conditions and by this reference and may

also incorporate specific portions, services, or features of the Website.

Social Media and Links

The User may place a link to our homepage provided that it is done fairly and legally and does not

damage our reputation. However, the User must not be associated with the Company and such linking

does not constitute any form of approval or endorsement on the Company's part.

This Website may provide certain social media features that enable you to link from your own or

certain third-party websites to certain content on this Website. It may also send emails or other

communications with certain content, or links to certain content, on this Website, and cause limited

portions of content on this Website to be displayed or appear to be displayed on the User's own or

certain third-party websites.

The User may use these features solely as they are provided by the Company. The User you must not

take any action concerning the materials on this Website that is inconsistent with any other provision of

these Terms of Use.

The User agrees to cooperate with us in immediately ceasing any unauthorized linking. The Company

reserves the right to withdraw linking permission without notice and may disable all or any social

media features at any time without any prior notice.

Intellectual Property Rights

The Company owns the Website and its entire contents, features, and functionality, including but not

limited to, all information, software, apps, texts, displays, images, video, and audio, and the design are

the intellectual property of the Company and its licensors. The Company's intellectual property is

protected by domestic and international copyright, trademark, patent, trade secret, and other intellectual

property laws.

These Terms of Use permit the User to use the Website for personal use only. The User must not

reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,

download, store or transmit any of the material on our Website. However, the User may print or

download pages from the Website for the User's personal use. The User may also download desktop or

mobile applications solely for personal use, provided that the User agrees to be bound by any license

agreement the company may offer for such applications.

The User must not modify copies of any materials from this site, use any illustrations, photographs,

video or audio sequences, or any graphics separately from the accompanying text. The User must not

access or use for any commercial purposes any part of the Website or any services or materials

available through the Website.

If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with

access to any part of the Website, it will be considered a breach of the Terms of Use and Conditions. In

such circumstances, the User's right to use the Website will stop immediately and must return or

destroy any copies of the materials made.

Trademarks

The Company name, its trademarks, and all related names, logos, product and service names, designs,

and slogans are trademarks of the Company or its affiliates or licensors. The User must not use such

marks without the prior written permission of the Company. All other names, logos, product and

service names, designs, and slogans on this Website are the trademarks of their respective owners.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The

Company makes no representations or warranties in relation to this website or the information and

materials provided on this website.

The Company does not warrant that this website will be constantly available, or available at all; or that

the information on this website is complete, true, accurate, or non-misleading. Nothing on this website

constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any matter

you should consult an appropriate professional.

Limitations of liability

The Company will not be liable to the User in relation to the contents of, or use of, or otherwise in

connection with, this website for any indirect, special, or consequential loss; or for any business losses,

loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss

of reputation or goodwill, or loss or corruption of information or data.

Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any claims,

liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys'

fees) arising out of or relating to your violation of these Terms of Use and Conditions or your use of the

Website, including, but not limited to, your User Contents, any use of the Website's content, services,

and products other than as expressly authorized in these Terms of Use and Conditions, or your use of

any information obtained from the Website.

Governing Law

All matters relating to the Website and all issues that could potentially arise out of, or related to, these

Terms of Use and Conditions, and any dispute or claim arising therefrom or related thereto (in each

case, including non-contractual disputes or claims), shall be governed by and construed under the

internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Flor or any other

jurisdiction).

The User waives any and all objections to the Company’s exercise of jurisdiction by such courts and

venue in such courts.

Waiver and Severability

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that

will not affect the enforceability of the other provisions of this website disclaimer.

Entire Agreement

The Terms of Use and Conditions and other relevant policies incorporated herein by reference

constitute the sole and entire agreement between the User and the Company regarding the Website and

supersede all prior and contemporaneous understandings, agreements, representations, and warranties,

of any kind, regarding the use of the Website.

Comments and Concerns

If you have any comments or questions about these Terms of Use and Conditions, please notify the

Company at hello@centermarkhealth.com .

PRIVACY POLICY

This Privacy Policy outlines how - data collected through our website -

using our website, you agree to the practices described here.

CenterMark Health LLC ("we" or "the Company") handles

-, а

site. By

INFORMATION WE COLLECT

To personalize your experience and offer products or services you might be interested in, we may collect the following information about you:

o First and last name.

o Mailing address.

o Email address.

o Phone number.

RAFT

We respect your privacy and do not collect any personal information about you unless you voluntarily provide it to us when using certain products or services.

These instances may include registering for an account, entering a sweepstakes or contest sponsored by us or a partner, signing up for special offers from select third parties, sending us an email message, or submitting your credit card or other payment information when ordering and purchasing products and services. We will use this information, but not limited to, for communicating with you in relation to the services and/or products you have requested from us. We may also gather additional personal or non-personal information in the future to improve our services and offerings.

HOW WE USE YOUR INFORMATION

We collect and utilize your personal information as described below:

o To operate and deliver the services you have requested.

o To operate and provide the services you have requested.

o To supply you with information, products, or services that you request from uS.

o To send you notices regarding your account.

o To fulfill the Company's obligations and enforce our rights under any contracts between you and us, including billing.

o To inform you about changes to our website or any products or services we offer or provide.

o As otherwise described when you provide the information.

o For any other purpose with your consent.

Additionally, the Company may use your personally identifiable information to inform you of other products or services available from the Company and its affiliates.

THIRD-PARTY INFORMATION SHARING

We do not sell, rent, or lease customer lists containing personal information with any third parties.

We work with trusted partners to enhance your experience. This may involve sharing some information to:

o Analyze trends and improve our services.

o Send you relevant offers (via email or mail).

o Assist you with customer support inquiries.

o Ensure timely deliveries.

We only share data with partners who are contractually obligated to keep your information confidential and use it solely for the stated purposes.

The Company reserves the right to disclose your information, without prior notification, in the following circumstances:

o To comply with legal mandates.

o To defend its rights and property.

o To protect users or the public in exigent circumstances.

USER ACTIVITY MONITORING

We may analyze user activity within our platform, including the websites and pages visited. This analysis helps us identify the most popular Company service and allows us to deliver targeted content and advertising relevant to users' interests. This personalization is based on user behavior and aims to enhance your overall experience with our services.

AUTOMATICALLY COLLECTED INFORMATION

The Company may automatically gather certain technical information about your device. This data may include your IP address, browser type, domain names, access times, and referring website addresses. This information is used solely for internal purposes, such as maintaining service quality, generating aggregate usage statistics, and identifying potential security issues.

COOKIES INFORMATION

The Company's website may utilize cookies to enhance your online experience by personalizing content and functionality. A cookie is a small data file placed on your device by our servers. Cookies cannot execute programs or introduce viruses. Each cookie is unique to your device and can only be accessed by the web server that issued it.

One of the key benefits of cookies is their ability to streamline your experience by saving time. Cookies inform the web server that you're revisiting a specific page. For instance, if you personalize our website or register for our services, cookies enable us to remember your preferences during future visits. This simplifies the process of re-entering personal information, such as billing and shipping addresses. Upon returning to our website, the data you previously provided can be retrieved, allowing you to seamlessly utilize the Company's customized features.

You can accept or decline cookies. While most web browsers accept cookies by default, you can modify your browser settings to reject them. Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ")

is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions. 

*

PROTECTION OF YOUR PERSONAL INFORMATION

The Company protects your personal information from unauthorized access, use, or disclosure by implementing the following measures:

• SSL Protocol.

We implement industry-standard encryption protocols, such as Secure Sockets Layer (SSL), to safeguard your personal information during transmission to other websites. This ensures that sensitive data, like credit card numbers, remains protected from unauthorized access.

We implement robust security measures to safeguard your personal information from unauthorized access or alteration. However, it's important to acknowledge that inherent limitations exist in internet and wireless network security. As such, while we strive for the utmost protection, we cannot guarantee the absolute security, integrity, or privacy of any data exchanged between you and the Company through this website.

RIGHT TO DELETION

Upon receipt of a verifiable request from you, and subject to the limited exceptions set forth below, we will:

o Delete your personal information from our records.

o Direct any service providers to delete your personal information from their recorda

o Delete your personal information from our records.

o Direct any service providers to delete your personal information from their records.

Please be advised that we may be unable to fulfill your deletion request if your personal information is necessary for one or more of the following reasons:

o To complete a transaction you initiated (e.g., fulfilling an order or providing a service) or to fulfill the terms of a written warranty or product recall.

o To detect security incidents, protect against malicious activity, or prosecute those responsible for such activity. This includes protecting against fraudulent, deceptive, or illegal conduct.

o To identify and repair errors that could impair the functionality of our systems or services.

o To exercise free speech rights or to ensure the right of another consumer to do so.

o To comply with the California Electronic Communications Privacy Act (CalECPA).

o To conduct public interest research in a scientific, historical, or statistical manner, provided such research adheres to all applicable ethical guidelines and anonymization practices.

o For internal uses that are reasonably aligned with your expectations based on your past interactions with us.

o To comply with a legal obligation imposed by law.

o For any other lawful internal use that is compatible with the context in which you provided the information.

which you provided the information.

USERS UNDER THIRTEEN

The Company does not knowingly collect personal information from users under the age of 13. Users under 13 must obtain verifiable parental or guardian consent before accessing this website.

EMAIL COMMUNICATIONS AND PREFERENCES

We may occasionally send you emails with important information, including announcements, promotions, alerts, confirmations, surveys, and updates about our services.

We may collect information about your interactions with emails we send, such as whether you open them or click on links, to help us improve our services.

MODIFICATIONS TO THIS POLICY

We reserve the right to update this Policy periodically due to changes in our services, data protection practices, or applicable laws. We will notify you of significant changes through one or more of the following methods: email notification to your account's primary address, a prominent notice on our website, -

-, or an update to any privacy information within the

application or service. Your continued use of the website and our services following these updates constitutes your acknowledgment of the modified Policy and your agreement to be bound by its terms.

CONTACT US

We encourage you to submit any inquiries or feedback concerning this Policy.

Should you have concerns regarding the Company's adherence to this Policy, please contact us at

Email Address: hello@centermarkhealth.com

Phone Number: 888.813.1323

In effect from (888) 813-1323

HIPAA

How We May Use or Share Your Health Information

We are committed to protecting the privacy of your health information. The law permits us to use or share your health information for the following purposes:

Treatment. 

Payment.

Health Care Operations.

Directory.

Notification and Communication with Family.

Required by Law, Court or Law Enforcement.

Public Health.

Health Oversight Activities.

Deceased Person Information.

Organ Donation.

Research.

Public Safety.

Specific Government Functions.

Workers’ Compensation.

Appointment Reminders and Health-Related Benefits.

Fundraising, Marketing and the Sale of PHI.

Florida State-Specific Requirements.

Organized Health Care Arrangement.

Affiliated Covered Entity.

Treatment of Sensitive Information.

Your Health Information Rights

You have the right to request a limit on certain uses and releases of your health information. We will consider your request, but are not required to accept it unless you do not want information about an item or service sent to your health plan and you have paid for the item or service in full. These requests must be in writing and submitted to our Privacy Department.

You have the right to choose how you receive your health information. You have the right to ask that we send information to you at an alternative address or by other means (for example, telephone instead of mail, post office box instead of home address). We must agree to your request as long as we can easily provide it in the format you requested. These requests must be in writing.

You have the right to see and get copies of your health information, in most cases. These requests must be in writing. You may request copies of your records from your provider. If your records are maintained in an electronic format, you have the right to obtain an electronic copy of your records. Florida law may restrict access for behavioral health patients.

You have a right to request that we correct or update information that is incorrect or incomplete. We are not required to change your health information. If we deny your request, we will provide you with information about our denial and how you can disagree with the denial. These requests must be in writing.

You have a right to receive a list of disclosures we have made. We do not have to account for the disclosures described under treatment, payment, health care operations, information provided to you, information released incident to an allowed disclosure (see Incidental Disclosures section in this notice), information released based on your written authorization, directory listings, information released for certain government functions, disclosures of a limited data set (which may only include date information and limited address information) and disclosures to correctional institutions or law enforcement in custodial situations. These requests must be in writing and must state a time period, which may not be longer than six years.

You have a right to get a paper copy of this notice. You may request a copy of this notice at any time.

Changes to this Notice

We reserve the right to change this notice at any time in the future. We reserve the right to make the changed notice effective for health information we already have about you, as well as any we receive in the future. We will post a current copy of the notice. Upon request, you may obtain a copy of the current notice by contacting our Privacy Department at (888) 813 1323 View answers to frequently asked questions about HIPAA. 

When We May Not Use or Disclose Your Health Information

Except as described in this notice, we will not use or disclose your health information without your written authorization. If you do authorize us to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time. We will be unable to apply your request to revoke your authorization to information disclosed prior to the request.

Incidental Disclosures 

We make reasonable efforts to avoid incidental disclosures of your PHI. An example of an incidental disclosure is conversations that may be overheard between you and our team members at a BayCare Health System facility.

Privacy Complaints

If you believe your privacy rights have been violated, you may file a complaint with our Chief Privacy Officer or with the Secretary of the Department of Health & Human Services. To file a complaint with our Privacy Department, call 888 813 1323.

You will not be penalized for filing a complaint.

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ")

is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions. 

We collect two types of data and information from Users. 

The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:

• Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
  
• [add types of personal information collected, and respective explanations, such as:]
  
• Registration information: When you register to our Site you will be asked to provide us certain details such as: full name; e-mail or physical address, and other information.  
  
• …
  
• …

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:

• [ add types of detailed uses, such as:]
  
• Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
  
• To communicate with you and to keep you informed of our latest updates and services;
  
• To serve you advertisements when you use our Site (see more under "Advertisements"); 
  
• To market our websites and products (see more under "Marketing"); 
  
• Conducting statistical and analytical purposes, intended to improve the Site.
  
• …
  

In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.

In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers, who may be located in different jurisdictions across the world, for any of the following purposes: 

• Hosting and operating our Site;
  
• [Add and amend relevant types of third parties, such as:]
  
• Providing you with our services, including providing a personalized display of our Site;
  
• Storing and processing such information on our behalf; 
  
• Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
  
• Providing you with marketing offers and promotional materials related to our Site and services; 
  
• Performing research, technical diagnostics or analytics;

 We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

You may request to: 

1. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information. 
   
3. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format. 
   
5. Request rectification of your personal information that is in our control.
   
7. Request erasure of your personal information. 
   
9. Object to the processing of personal information by us. 
   
11. Request to restrict processing of your personal information by us.
    
13. Lodge a complaint with a supervisory authority.
    

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. 

If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:

[add contacts details] .

We take great care in implementing and maintaining the security of the Site and your information. [ explain about your security practices, such as: we employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy] . Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [add applicable email address] .