Disclaimer/Terms and Conditions Governing General Use of this Web Site and Public Privacy Policy

Last Updated: September 18, 2019

The following terms and conditions apply to the DoctorWellington (“the service”, “we”) public Web Site. Please read these terms and conditions carefully each time you access this site or any of our other Web sites, as the terms may change from time to time. One you become a DoctorWellington member, the Terms of Use and Privacy Policy of the service and the patient portal portions of the service and website are based on your collection of subscriber agreements.

  1. Agreement

    This website is an Internet-based online information and communication service provided by the service. It is sometimes referred to in this Agreement as the Service. You agree to be bound by the terms and conditions of this Agreement, which includes the service’s Public Online Privacy Policybelow. The service may modify this Agreement at any time. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the service Web site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.

  2. License

    We hereby grant you the right to view and use this Web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this Web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Our designated contact for obtaining written consent is:

DoctorWellington, LLC

1500 1st Ave North, Unit 37, B112

Birmingham, AL 35203

  1. Privacy

    We take your personal privacy seriously. In addition to the publicly accessible pages on this Web site, there are sections on the site where you can request more information or submit personal information to be considered for a specific employment opportunity with the service.

For information about how we secure personal information, please read section 12. Security below. For information about how we use and secure a registered user’s information as well as your rights and responsibilities regarding the use of these features, please read our Public Online Privacy Policies, found below, which is incorporated by reference into this Agreement. NO PERSONALIZED HEALTH INFORMATION AS DEFINED BY HIPAA IS COLLECTED OR PROVIDED ON THE PUBLICLY FACING PORTIONS OF THIS SITE.

  1. Links to Other Sites

    While visiting this Web site, you may leave the site and access certain third party Web sites. The service neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to third party Web sites is at your sole risk.

Other Web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other Web sites at your own discretion. See our Privacy Policy below regarding information that may be transferred to third parties by using these links or advertisements.

  1. Warranty

    In our content areas, information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. The content areas should not be relied upon for specific medical advice for you. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

  2. Health Information

    The health information on this Web site is provided by the service solely for informational purposes as a public service to enhance customer service for our customers and to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. The service assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis. If you have a specific medical condition, please contact your health care provider. Use of this Web site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one. Please check with a physician or health professional if you suspect you are ill.

You exercise your own judgment when using or purchasing any product or selecting a physician through any site or service linked to this Web site. In addition, while the service frequently updates its contents, medical information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies or typographical errors. Neither the service nor its Web site endorses any medical or professional service obtained through information provided on this site or any links to this site.

  1. Viruses, Worms, Use of Files

    The service cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. The service does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will the service be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate service copyright holder.

  2. General Disclaimer

    All Material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, we do not warrant that access to this Web site or any of its pages will be uninterrupted or error-free. The service does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on this Web site. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.

  3. Limitation of Liability (Indemnification)

    You agree by accessing this Web site that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will the service be liable for damages of any kind occurring from the use of this Web site or any information, goods or services obtained on this Web site including direct, indirect, consequential, incidental, or punitive damages (even if the service has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.

  4. User Representations & Responsibilities

    You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Web site in accordance with this Agreement. You agree to be financially responsible for your use of this Web site and to comply with your responsibilities and obligations as stated in this Agreement.

  5. User Submissions

    As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web site you agree not to, do the following things: post sensitive personal health information; post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The service has taken reasonable steps and has employed industry-standard services and technology to ensure the integrity and confidentiality of your personally identifiable information; however, since even the most secure system can be violated, the service cannot guarantee security.

Completion and submission of the forms provided on this website for use in providing personal information for the purpose of obtaining additional information serves as conclusive acceptance of the terms in the Site Disclaimer and Privacy Policy

  1. Minors and Child Online Privacy Protection Act

    This Web site does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.

If you allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use this Web site, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of this Web site; and (iii) the consequences of any use.

  1. The Digital Millennium Copyright Act

    We reserve the right, but not the obligation, to terminate your access to this Web site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The service may deliver notice to you under this Agreement by means of electronic mail, a general notice on this Web site or by written communication delivered by first class U.S. mail to your address on record in the service’s account information, if any.

This service does not interfere with standard technical measures used by copyright owners to protect materials. We have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

DoctorWellington, LLC

1500 1st Ave North

Birmingham, AL 35203

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, listed above, and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
    B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    C. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
    D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
    E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

If you choose to access this Web site from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this Web site to a foreign national or foreign country in violation of those laws.

  1. Trademarks

    There are references throughout this Web site to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

  2. Changes and Applicable Law

    We reserve the right to make changes to this Web site and our Legal Disclaimer/Conditions of Use. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of this Web site shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of this Web site and purchases of products from this Web site will be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and this Web site will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Alabama. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises. The service’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade service shall act to modify any provision of this Agreement. The service may assign its rights and duties under this Agreement to any party at any time without notice to you.

  3. Security

    We will only use the information you submit to provide you with the services you have requested and as otherwise described in this Public Online Privacy Policy below.

We use secure technology
In addition to our Public Online Privacy Policy, found below, we also take the technical side of security very seriously. Any personally identifying information you submit is stored on a secure server in a way that maximizes security and confidentiality. Our servers are behind a complex series of firewalls to add an extra layer of security.

Access to the information you submit
Information you submit can be seen only by those employees and staff who have a need to use the information in the following manner:

  • Direct response to your inquiry. If you send a non-urgent inquiry through the Contact Us section of this Web site, or submit a resume for employment consideration, only those individuals authorized to review, research and respond to your inquiry have access to that information.
  • Web Site Maintenance. Sometimes our technical staff may view data in the course of their work. We have special rules to make sure they do this only for legitimate reasons and we monitor access to all Web technology.

 

 

Privacy Policy

This Website Privacy Policy (“Privacy Policy”) and additional policies below explain how we collect, use, protect, and treat your personal information and user data. The Website is operated by DoctorWellington, LLC (“Service” or “we”) at (“Web site”). This Privacy Policy covers only information and data collected or processed through the Website and not any other information or data collected or processed by third parties who provide products and services on the Web site (“Service Providers”) or affiliated organizations (“Affiliates”), third party web pages, or websites, products, or services to which we link that do not display a direct link to this Privacy Policy. We are not responsible for the content or privacy Services of other websites, or online or mobile services. By using our Website, you signify your consent to the data Services described in this Privacy Policy. If you become a DoctorWellington member, the Privacy and HIPAA and other subscriber agreements apply.  This privacy policy applies to the publicly facing portions of the website. The patient portal and all elements of your DoctorWellington subscription are covered by your collection of membership documents.

I. INFORMATION WE COLLECT:

The information we collect about you includes:

  1. Personally Identifiable Information:
    Our Web site and our Service Providers only collect personally identifiable information (“PII”) with your consent. Collection of PII occurs if you register for an appointment on the Web site, subscribe to a newsletter, tweet to us, or use other features and resources on the Web site. You may visit our Web site anonymously, but that may prevent you from engaging in certain Web site features or Services. The PII we may collect includes the following:
  • First Name
  • Last Name
  • Telephone Number
  • Email address
  • Caller ID information (if available)
  1. Non-Personally Identifiable Information:
    Our Website and Service Providers may collect non-personally identifiable (anonymous) information (“Non-PII”) from visitors. Non-PII cannot identify a specific individual unless combined with Personally Identifiable Information. Examples of Non-PII that may be collected by the Website or required to provide the Services, including:
  • ZIP code
  • Cookies
  • Device Identifiers

“Cookies” are short computer codes known as cookies, web beacons, and other technologies that collect Non-PII and are stored on your browser when you visit our Website or share Website content through a social media account. The following are examples of Non-PII third party service providers collect with cookies:

  • Browser type and operating system
  • Date and time of visit
  • Referring web page
  • Links that connected you to the Website
  • IP address
  • Mobile Device ID
  • Medical condition or symptoms

 

  1. California Online Personal Privacy Act Disclosures:
    1.We or our Service Providers may drop a Cookie on the browser of Website visitors. We do this to continue to market our Services to you after you leave our Website. The Website does not employ technology to override the privacy settings in your web browser.
  2. Our Service Providers may track Web site visitors across multiple websites to retarget Web site visitors to continue to market our Services to prospective patients after they leave our site. Users logged in to social media programs may be tracked by Service Providers who track such users across multiple websites and who may disregard the privacy settings in your web browsers.
  3. Canadian and European Union Users
    We do not intend to collect PII from Canadian and European Union users. If you are from the European Union or Canada, do not provide us with PII, use our Services, or the Website. If we learn that we collected PII from a user from the European Union or Canada, we will promptly delete that information.
  4. Children
    We do not intend to collect PII from children under 13. If you are under the age of 13, do not provide us with PII, or use the Web site. If we learn that we collected PII from a child under 13 (that was not signed up as part of DoctorWellington), we will promptly delete that information.
  5. Information about You from Other Sources:
    We and our Affiliates and Service Providers may collect personal information about you on the Website and from other sources, including commercially available sources. All the information we collect about you may be combined to personalize your experience, provide you and our clients with Services, to improve our Website and Services, to provide relevant advertising to users, and for other marketing efforts.

II. HOW WE USE YOUR INFORMATION:

Non-PII that we or our Service Providers collect is used to improve marketing and sales efforts, better connect Website visitors with Service services/providers, and connect Service services/providers with potential patients. If you elect to provide PII, we may utilize such data to better connect you with an appropriate Service group.

  1. Visitors who Request Services via the Website
    Visitors who volunteer PII on our Website consent to be contacted by us, Service groups, or a call center Service Provider. A Service Provider may contact you by telephone and may, among other things, verify your self-reported PII and interest in services or speaking with a Provider. We may contact you by telephone even if you have opted into the National Do Not Call list, or any State Do Not Call list.

IF YOU DO NOT CONSENT TO BEING CALLED BY A SERVICE REPRESENTATIVE DO NOT ENTER YOUR PII INTO FORMS ON OUR WEBSITE.

If you do not wish to be contacted again by a Service representative with respect to your inquiry, you should specifically request that the Service representative not contact you again. Please note that we may maintain the PII you provided whether you elect to use the Services.

  1. Mobile Visitors and Click-to-Call Services
    Mobile users who initiate calls by clicking on a telephone number on a mobile Web site consent to contacting a Service representative to verify your PII and connect you with appropriate Service service/provider.
  2. Email Communications and Promotional Offers
    If you sign up for one or more of our newsletters, you may receive email communications from us. We may send you email, contact you, or engage you in other communication mediums that relates to your use of the Web site and Services. If, at any time, you do not wish to receive email communications about the Web site or our newsletters, please use the “UNSUBSCRIBE” link at the bottom of our email.
  3. Aggregate or Anonymous Information
    We may share Non-PII with Service Providers and other third parties. Remember that once you become a DoctorWellington member, the DoctorWellington member Privacy policy, terms of use, HIPAA release, Customer Agreement, and terms of service all apply and superseded these terms.

 

III. HOW WE PROTECT AND RETAIN YOUR INFORMATION

We take security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. However, you release us from any and all breaches, unauthorized access, unauthorized disclosure, and actions by hackers to the extent permitted by law.

IV. HOW TO CONTROL AND CORRECT YOUR INFORMATION

We or our Service Providers may retarget users who view this web site and associated services. You may elect not to provide user data to us or our Service Providers by following the opt-out procedures set forth below, but our Web site may not work properly and/or some of our Services.

  1. Learn More about Cookies, Web Beacons, and other Technologies

You can accept or decline Cookies. Most browsers automatically accept Cookies. To learn more about Cookies, including how to refuse Cookies on your computer by adjusting web browser settings, follow these links:

  1. Opting Out of Cookies:
    We do not provide an opt out option. Please exit and stop using the website immediately if you wish to opt out.

Some of our Service Providers’ cookies do not have an “opt-out” option, but you always have the option of blocking the use of cookies by changing a setting in your Internet browser.

  1. How to Control Collection of Your PII Online.
  2. Social Media
    We may engage with you on third party social media sites like Facebook, if you engage with us. By doing so, you “opt in” to sharing your content with us. Be aware that such content (PII, images, captions, and comments, etc.) that you submit (upload, post, comment, share, “like”, etc.) to third party social media sites (including any of our message boards or tweets) is publicly visible, not private and cannot be considered private PII. To manage social media notifications you receive, correct or delete your PII, or adjust your privacy settings, access the profile section of your social media accounts and follow the directions there. To learn more about social media privacy settings, follow these links:
  1. Service Providers
    We work with various Service Providers who may use cookies, web beacons, and similar technologies to collect user data. We are not responsible for our Service Providers’ privacy Services. Please click on the links below to review the privacy policies of our Service Providers:
  1. Correcting your Personal Information:
    If you have any questions about accessing or updating information we have on file about you, please contact the Service directly.
  2. Your California Privacy Rights:
    If you live in California, or are a resident of the State of California, please discontinue use of this website immediately. Under California Civil Code Section 1798.83, California residents who have an established business relationship with us have the right to request that we provide certain information regarding the disclosure of their personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may contact the Service directly to request such information.

By using our Website, you signify your consent to the data Services described in this Privacy Policy and agree that your visit and any dispute over privacy is subject to our Terms of Use, including without limitation, provisions regarding limitations on Company liability and application of the laws of the State of Alabama.

V. REVISIONS TO THE PRIVACY POLICY

Please be aware that our Privacy Policy may be changed by updating this page. If we collect personal information or data from or about you, we will use it according to the Privacy Policy in effect at the time the data is gathered. This Privacy Policy, together with the Web site’s Terms of Use, contains the entire agreement between you and Company with respect to the Website and any services provided by the Web site. You should review this Privacy Policy periodically to ensure you are in agreement with any updates or changes. Your continued use of our Web site following any changes will mean you accept such changes.