Terms of Service & Notice of Privacy and Practices
15 May 2017
HealthSnap Solutions, LLC (“Healthsnap”), a Florida limited liability company, is pleased to provide you with the HealthSnap Assessment™ and HealthSnap Lifestyle Report™. Please review the terms of service outlined here, which may be modified from time to time. By proceeding with your HealthSnap Assessment, you agree to accept the terms of service set forth below:
Description of the Services
The HealthSnap Assessment™ and the Lifestyle Report™ are general in nature, not specific to certain populations (except where specifically outlined) and are not intended to diagnose, treat, prevent, mitigate or cure any diseases. The statements in the Lifestyle Report™ have not been evaluated by the Food and Drug Administration. Be sure to consult and receive authorization from your physician before beginning the HealthSnap Assessment™ or any resulting exercise program or nutrition plans, especially if you have any medical condition or are taking any medication. Failure to do so could result in significant injury to you.
The HealthSnap Assessment™ consists of a questionnaire of your personal information (such as but not limited to, identifying information and medical history), exercise and nutrition habits and an assessor’s taking certain values such as your weight, blood pressure and body composition using tools such as a bioelectrical impedance machine, scale, blood pressure cuff, etc. The accuracy of those values may be effected by the accuracy of the tools used to measure you and the skill level of your assessor. If you have any conditions that prevent your use of any tools (i.e. those pregnant or with a pacemaker should not use bioelectrical machines to obtain body fat percentages), you must let your assessor know so the method of obtaining values can be adjusted to fit your condition. Additionally, the accuracy of your Lifestyle Report™ and information provided to you in it will be most impacted by the accuracy and truthfulness of your answers to the questionnaire. The Lifestyle Report grades each area of your health to help you determine where to focus your efforts. However, you should note that a certain grade level does not necessarily mean there is or is not a medical issue present. Nothing in the Lifestyle Report™ is intended to diagnose, treat, prevent, mitigate or cure any disease or guarantee that there is a lack of disease.
The suggested corrective exercises are based on, if given, a visual musculoskeletal screening from your assessor which may indicate a possible imbalance, tightness or weakness in your body. During a musculoskeletal screening, you may be asked to balance on one leg, perform a squat, bend, twist or reach, etc. Use caution when performing all movements asked of you. Do not over-exert yourself and do not attempt to perform a movement that may injure you.
The exercise program provided is a recommended course of physical activity and may not be suitable to you or your specific needs or conditions. The suggested exercise program is provided based on your assessment answers, which may not be an accurate evaluation of your actual exercise level or capabilities. All exercise comes with certain risks, which include (but are not limited to) risk of injury, aggravating a pre-existing or unknown condition, or negative effects from over-exertion such as muscle strain and soreness, impacted blood pressure, lightheadedness, shortness of breath, etc. If you choose to follow any of the recommended exercises, you acknowledge your exposure to these risks and do so only after consultation with your health provider. You are responsible for your own health and safety at all times. By following the suggested exercise routines, you assume all dangers, hazards and risks of injury that might happen while exercising. HealthSnap will not be liable to any person or entity for any damage or loss caused or alleged to be caused by any exercise recommendations or any other advice or content we provide to you.
The nutrition program provided is a recommended strategy and may not be suitable to you or your specific needs or conditions. The suggested nutrition program is provided based on your assessment answers and validated nutritional research generally accepted to be beneficial to the general population. The program does not take into account your particular health conditions (i.e. diabetic, high blood pressure, pregnancy, etc.), dietary restrictions, allergic reactions, or supplements or drug/medicine you make take. You should note that certain recommended foods in the nutrition program may have negative interactions with prescription or nonprescription medications you take. It is your responsibility to discuss the nutrition program with your physician and receive authorization from them before starting it. HealthSnap will not be liable to any person or entity for any damage or loss caused or alleged to be caused by any nutrition recommendations or any other advice or content we provide to you.
The VO2max we provide is an estimate of your oxygen capabilities based on your only on your assessment answers, which may not be an accurate evaluation of your actual exercise level or capabilities. While research indicates that our VO2max estimation is substantially close to your actual VO2max, it may not be 100% accurate and should not be relied upon as so. Similarly, your Heart Age, Fitness Age and Framingham Risk Score are all estimations based on your measured values and assessment answers, which may not be an accurate evaluation of your actual exercise level or capabilities. These estimations do not take into consideration any other factors that may impact life expectancy (i.e. stress level, sleep amounts, risk tolerance, etc.) and should not be relied upon as definitive values.
The Lifestyle Checklist we provide is a tool of convenience that you can use to be accountable to yourself in your quest to make incremental lifestyle changes. Each item is a suggestion for ways that may help improve your health and wellbeing. The suggestions are general in nature and may not be suitable for you or your needs. Be sure to consult your physician and receive authorization from them before incorporating any suggested activities into your routine.
THE HEALTHSNAP ASSESSMENT™ AND THE LIFESTYLE REPORT™ DO NOT PROVIDE A MEDICAL SERVICE OF ANY KIND. THE INFORMATION CONTAINED THEREIN IS FOR YOUR PERSONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE OR OTHER CONDITIONS AND IS NOT INTENDED TO PROVIDE A DETERMINATION OF YOUR STATE OF HEALTH. CONTENT ASSOCIATED WITH THE SERVICES, INCLUDING ANY EDUCATIONAL CONTENT OR RECOMMENDATIONS, SHOULD NOT BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR A PHYSICIAN’S MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. ALWAYS CONSULT A LICENSED HEALTHCARE PROFESSIONAL SUCH AS YOUR PHYSICIAN OR SPECIALIST TO MAKE HEALTHCARE DECISIONS OR BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. HEALTHSNAP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ABOUT THE ASSESSMENT, THE PERFORMANCE OF THE ASSESSMENT, OR THE LIFESTYLE REPORT™. IN NO EVENT SHALL HEALTHSNAP BE HELD RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES RELATED TO USE OF THE HEALTHSNAP ASSESSMENT AND RESULTING HEALTHSNAP LIFESTYLE REPORT.
THE HEALTHSNAP ASSESSMENT™ AND LIFESTYLE REPORT™, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HEALTHSNAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, AND INFORMATIONAL CONTENT. HEALTHSNAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE HEALTHSNAP ASSESSMENT™ OR THE LIFESTYLE REPORT™. HEALTHSNAP DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING AFTER YOUR HEALTHSNAP ASSESSMENT™ WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
HealthSnap is the owner and/or authorized user of all common law trademarks, registered trademarks and/or service marks appearing at this website, in the HealthSnap Assessment™ and HealthSnap Lifestyle Report™ and any other materials provided to you in conjunction herewith, and is the copyright owner or licensee of the content and/or information appearing at this website and contained in the HealthSnap Assessment™ and the Lifestyle Report™ including but not limited to any screens appearing on the website or during your assessment. You may not download and/or save or print a copy of any of the screens (i.e. screenshot) except as otherwise provided herein, for any purpose. However, you may print a copy of the Lifestyle Report™ for your personal use or records. Any other use may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. No license or other authorization is granted to you in HealthSnap’s trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property.
These terms of service and the relationship between you and HealthSnap shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. These terms of service also incorporate HealthSnap’s Notice of Privacy Practices which describes the ways in which we may use the information received from you in the HealthSnap Assessment™ and the Lifestyle Report™ and describe our obligations to you under HIPAA and related privacy laws. You and HealthSnap agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.
The failure of HealthSnap to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the HealthSnap Assessment™ or the HealthSnap Lifestyle Report™ or these Terms must be filed within one (1) year after such claim arose or be forever barred. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION.
Notice of Privacy Practices
Effective June 5, 2017
HealthSnap Solutions (“HealthSnap”) is committed to safeguarding the privacy of your identifiable health information. This information is often referred to as “protected health information” or “PHI.” PHI includes your HealthSnap Solutions Assessment results as well as the information you provide to us about yourself that is used to create your personalized HealthSnap Report.
We are required by law to maintain the privacy of your PHI and to follow the terms of this Notice currently in effect. This Notice describes our legal duties, privacy practices and your patient rights as set forth by the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HealthSnap uses a combination of technical, physical and administrative security controls to maintain the security of your data.
Why we collect PHI
HealthSnap uses PHI data to enhance your experience with our services, to help guide you in your health by providing the most accurate recommendations for you, and to improve and protect the HealthSnap services. Here are some examples:
- Height and weight measurements are used to estimate your body mass index and how it may correlate to mortality.
- Data and logs are used in research to understand and improve the HealthSnap Assessment, its underlying algorithms and the HealthSnap service; to troubleshoot the HealthSnap services; for quality assurance; utilization review; compliance; audits and to detect and protect against error, fraud or other criminal activity.
- De-identified data that does not identify you may be used to inform the health community about trends; for marketing and promotional use; or for sale to interested audiences.
How we may use or disclose your health information
We use your PHI for your provider’s treatment of or payment from you, or their healthcare operations, for other purposes permitted or required by law, and for purposes outlined in the business associate agreement between us and your provider, such as data aggregation. Not every use or disclosure is listed in this Notice, but all of our uses or disclosures of your health information will fall into one of the categories listed below.
We need your written authorization to use or disclose your health information for any purpose not covered by one of the categories below. Subject to compliance with limited exceptions, we will not use or disclose psychotherapy notes, use or disclose your PHI for marketing purposes or sell your PHI, unless you have signed an authorization. You may revoke any authorization you sign at any time. If you revoke your authorization, we will no longer use or disclose your health information for the reasons stated in your authorization except to the extent we have already taken action based on your authorization.
What kinds of data we share
DATA THAT COULD IDENTIFY YOU
- Personally Identifiable Information (PII) is data within PHI that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you. We will only share this data under the following circumstances:
- With companies that are contractually engaged in providing us with services, also known as business associates, such as secure cloud servers in which the PHI is stored. These companies are obligated by contract to safeguard any PII they receive from us.
- If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the HealthSnap service, and/or to protect the rights, property, or safety of HealthSnap, its employees, users, or others. If we are going to release your data, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.
- We may disclose or transfer your PHI in connection with the a sale, merger, bankruptcy, sale of assets or reorganization of our company. Rest assured that the promises in this Privacy notice will apply to your data as transferred to the new entity.
- We may disclose PHI for research purposes when an Institutional Review Board or privacy board has reviewed the research proposal and established protocols to ensure the privacy of your PHI and determined that the researcher does not need to obtain your authorization prior to using your PHI for research purposes. We may also disclose information about decedents to researchers under certain circumstances.
DATA THAT DOES NOT IDENTIFY YOU (DE-IDENTIFIED DATA)
HealthSnap may share or sell aggregated, de-identified data that does not identify you, with third parties and the public in various ways, including, but not limited to, providing research or reports about health, nutrition, fitness, compliance rates, or trends in healthcare; for marketing and promotional use; or for sale to interested audiences. When we provide this information, we always take precautions so that the data does not identify you and we contractually prohibit recipients of the data from re-identifying it back to you. Notably, de-identified PHI is no longer considered PHI.
Your rights relating to your PHI
- You have the right to access your PHI that we have created. You may receive your HealthSnap Report online or by requesting a copy of your results by visiting our website at HealthSnapSolutions.com and contacting us.
- You have the right to request that we send your health information by alternative means or to an alternative address, and we will accommodate reasonable requests.
- You have the right to request amendments to your PHI by making a written request.
- You have the right to receive a list of certain disclosures of your PHI made by HealthSnap in the past six years from the date of your written request. Under the law, this does not include disclosures made for purposes of treatment, payment, or healthcare operations or certain other purposes.
- You may request that we agree to restrictions on certain uses and disclosures of your PHI. We are not required to agree to your request, except for requests to limit disclosures to your health plan for purposes of payment or healthcare operations when you have paid us for the item or service covered by the request out-of-pocket and in full and when the uses or disclosures are not required by law.
- You have the right to obtain a paper copy of this Notice upon request.
Should you have any questions about this Notice, send an email to us at firstname.lastname@example.org, or write to us at the following address:
HealthSnap Solutions LLC
1951 NW 7th Ave, Suite 600
Miami, FL 33136
We reserve the right to amend the terms of this Notice to reflect changes in our privacy practices, and to make the new terms and practices applicable to all PHI that we maintain about you, including PHI created or received prior to the effective date of the Notice revision. Our Notice is displayed on our website and a copy is available upon request.
XXXX I ACKNOWLEDGE AND ACCEPT THE TERMS OF SERVICE and NOTICE OF PRIVACY PRACTICES SET FORTH ABOVE.