Privacy Policy / Terms of Use
Introduction
Emes Software, LLC. (“Emes Software”, “we”, “us”, or “our”) operates the website located at www.emssoftware.com other related websites and mobile applications (collectively, the “Site”). Through these sites, we operate various online services that enable providers (“Members”) to receive patient lab results from laboratories (QDx Pathology Services and reference laboratories) located in the U.S. This Online Privacy Policy (“Privacy Policy’) explains Emes Software’s privacy practices that apply to the services (collectively, the “Services”) we provide through our Sites.
Please read the Privacy Policy carefully so that you can understand how Emes Software collects, uses, and discloses information from and/or about you when you use a Site or the Services. If you do not understand any aspect of our Privacy Policy, please feel free to contact using the information found at the end of the Privacy Policy.
This Privacy Policy is a part of the Emes Software Terms of Use so by accepting the Terms of Use, you are consenting to the use and disclosure of your personal information as outlined in this Privacy Policy.
HIPAA Protection of Protected Health Information (PHI)
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Emes Software is required by law to maintain the privacy of health information that identifies you, called protected health information (PHI), and to provide you with notice of our legal duties and privacy practices regarding PHI. Emes Software is committed to the protection of your PHI and will make reasonable efforts to ensure the confidentiality of your PHI, as required by statute and regulation. We take this commitment seriously and will work with you to comply with your right to receive certain information under HIPAA.
Third Party Sites
This site contains links to other sites. Emes Software, LLC does not share personal information with those sites, unless specifically authorized by you. Emes Software is not responsible for the privacy policies of any site linked to this website and not wholly owned and controlled by Emes Software, its affiliates and subsidiaries. We aim to work with trusted partners and organizations which are also bound by state and federal laws governing privacy and security; however, we encourage users to be aware when you leave our Site and to review any privacy policy of a non-Emes Software site.
Important Definitions
When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information about you but that does not identify you.
The Personal Information we collect or maintain may include:
a. Your name, age, email address, username, password, and other registration information.
b. Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
c. Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information.
d. Billing information that you provide us.
e. Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site.
f. Other information you input into the Site or related services.
We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
a. To provide you with the Services
b. To improve the services offered – by performing quality reviews and similar activities
c. To create De-identified Information such as aggregate statistics relating to the use of the Service
d. To notify you when Site updates are available,
e. To market and promote our Site and the Services offered to you through the Site
f. To fulfill any other purpose for which you provide us Personal Information
g. For any other purpose for which you give us authorization
We may also disclose Personal Information that we collect or you provide as permitted or allowed by law, as follows:
a. To our wholly owned subsidiary, Breakthrough, and affiliated medical facilities and reference laboratories.
b. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
c. As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.
d. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
e. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Emes Software's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
Information we collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
a. Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
b. Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.
c. Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
d. Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
De-Identified Information
We may use De-Identified Information created by us without restriction.
Security of Information Collected
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by SSL 3.0 technology, the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecured computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
Modification of Information
You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to info@qdxpath.com
Deletion of Information
You can close your online account or access to app by emailing us at info@qdxpath.com. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
Report Violations
You should report any security violations to us by sending an email to info@qdxpath.com
A Special Note about Children and Minors
Emes Software does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.
Changes to our Privacy Policy
We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy on this page and at other places we deem appropriate. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.
Terms Applicable For Mobile Apps
(i) To the extent that you are accessing the Online Services through an Apple or Google mobile application, you acknowledge that these Terms are entered into between you and Emes Software and, that Apple Inc and/or Google Inc.
(“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(“Google”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by Emes Software under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) or Google Play Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Online Services.
(iii) You acknowledge that Emes Software, and not Apple or Google, is responsible for providing the Online Services and Content thereof.
(iv)You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Online Services.
(v) To the maximum extent not prohibited by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Online Services.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms,you acknowledge that, solely as between Apple or Google and Emes Software, LLC, Emes Software, and not Apple or Google is responsible for addressing any claims you may have relating to the Online Services, or your possession and/or use thereof, including, but not limited, to:
a) product liability claims;
b) any claim that the Online Services fails to conform to any applicable legal or regulatory requirement; and
c) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Online Services, or your possession and use of the Online Services, infringes on a third-party’s intellectual property rights, you will not hold Apple or Google responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, or Google, and Google’s subsidiaries are third-party beneficiaries of the
Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix)When using the Online Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Online Services.
(x) Your use of real time route guidance on the Online Services (if any) is at your sole risk. Location data may not be accurate.
Emes Software, LLC
300 Columbus Circle
Suite A, Edison
NJ 08837
866-909-7284