PWNHealth Privacy Policy

This Privacy Policy ("Privacy Policy") describes the data collection practices of PWNHealth, LLC (the administrative services provider of the professional entities), PWN Remote Care Services and certain of its affiliated professional entities (collectively, "PWN", "we" or "us") and how we use, disclose, and protect your personal information. This Privacy Policy applies to the information we collect through your use of the services relating to ordering laboratory tests, including, without limitation, ordering of tests, test review services, testing, receipt of test results, any customer support or counseling and any other related services provided by PWN or its service providers and partners (the "Services") through WebMD Lab Testing on www.webmd.com (the "Website").

As part of the Services and as explained in Section 11 (Third Party Privacy) below, you may interact with certain Website pages that are hosted by WebMD LLC ("WebMD") or by PWN. WebMD’s privacy policy and terms and conditions of use (the "WebMD Policies"), which are located in the WebMD footer of each Website page, govern your interactions with the Website pages hosted by WebMD and describe what information WebMD collects about you when you use WebMD’s services and how that information is used, disclosed, and maintained by WebMD. If this Privacy Policy appears on any Website page (even if the WebMD Policies also appear), then the Website page is governed by this Privacy Policy. If only the WebMD Policies appear on a WebSite page (and not this Privacy Policy), then the Website page is hosted by WebMD and the Website page is governed by the WebMD Policies. For the avoidance of doubt, the WebMD Policies only apply to the Website pages hosted by WebMD; the remainder of the Services are governed by this Privacy Policy.

In addition, our Notice of Privacy Practices below describes how health information about you may be used and disclosed by PWN and its service providers or partners, and how you can get access to this information. In the case of any differences between the Notice of Privacy Practices and this Privacy Policy, the Notice of Privacy Practices will govern. Except as otherwise expressly provided herein, all references to the Privacy Policy include the Notice of Privacy Practices.

  1. Consent. By accessing, using, or viewing the Website, including receiving the Services, you agree that you have read and understood this Privacy Policy and unconditionally agree to be bound by it. Further, you consent to the collection and use of your information in the manner we describe in this Privacy Policy. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE OR SERVICES.

  2. Changes to our Policy. We reserve the right to modify or amend this Privacy Policy at any time. All changes to this Privacy Policy will be effective immediately upon their posting to the Website. We will notify you of material changes to this Privacy Policy by posting the modified Privacy Policy on the Website. Continued use of the Website and/or the Services after the effective date of a modified Privacy Policy will indicate your agreement to any modified terms.

  3. Personally Identifiable Information We Collect. In your use of the Website and Services, we may collect any information that you voluntarily share with us. This information may also be collected by third party service providers or partners on our behalf. This information may be collected when you send us emails, voluntarily submit information to us via the Website, or otherwise submit information in connection with the Services. This information may include your (1) contact information (such as name, address, email address and phone number), (2) age, (3) gender, (4) date of birth, (5) health information, (6) financial and payment information, including credit card and payment card information, and (7) any other information you choose to provide us. In addition, we receive from WebMD the personal information you use to create an account with WebMD.
    We may use third party service providers to assist us in collecting and maintaining this personally identifiable information. However, we require such service providers to maintain the confidentiality of such information.

  4. How we use Personally Identifiable Information we Collect. We will use personally identifiable information: (i) to provide the Services to you; (ii) to send messages to you and otherwise communicate with you in connection with the Services, (iii) as otherwise may be disclosed at the point of collection, and/or (iv) as described below or in the Notice of Privacy Practices. In addition, we may use your personal information in the aggregate in a non-identifiable way in order to better understand the Services being provided, how to improve these Services, how to improve the Website and for any other lawful purpose.

  5. Other Information Collected On the Website. When you visit the Website, we (or a third party service provider on our or WebMD’s behalf) may passively collect the following non-personal information about you and your usage of the Website.
    1. IP Address. Your IP address may be collected. Your "IP address" is usually associated with the network location and physical location from which you enter the Internet. We log IP addresses for systems administration purposes. This information helps us determine how often different areas of our site are visited and we also use this information to personalize the content that is displayed to you on the Website based on your previous visits and the ads that you access. We do not link IP address to any information that is personally identifiable.

    2. Cookies. We use cookies to track the use of the Website and to facilitate and enhance your experience on the Website, including tracking which lab tests you have viewed and to statistically analyze trends and other user behavior on the Website. The term "cookies" refers to electronic data stored by your computer browser. The cookies enable us to facilitate your access to different aspects of the Website. For example, by showing when and how you visit the Website, cookies help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of the Website, for example, by remembering your address or other information when you request information or services on the Website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that if you disable this function, it may impact your use and enjoyment of the Website.

    3. Web Beacons and Pixel Tags. The term “web beacons” and “pixel tags” refer to Internet tools, such as transparent images on the Website or in emails that we may send to you that help us to determine whether a page has been viewed or an email opened. A pixel tag is a type of web beacon embedded in an image on the website. In general, any electronic image viewed as part of a web page can contain a pixel tag or other web beacon. We may also use these Internet technology tools to allow us to track the internet browser most commonly used to access the Website and the pages that are most popular, which statistics assist us in making the Website more user-friendly and accessible.

    4. Statistical Identifiers and Device Recognition. We (or our service providers on our behalf) may employ statistical identifiers, also known as device recognition tools. These tools may be used to assist in managing the content on the Website by informing us (without using cookies) of the content that you use and view on the Website. These tools collect various information about your device, such as your screen resolution, browser type, and operating system. Many devices have unique, or near unique, device profiles such that collecting this information allows us and our service providers to determine with a reasonable level of statistical accuracy information on your engagement with the Website and advertisements on the Website, as well as your device when you interact with the Website. We do not tie this statistical information to your personal information.

    5. Surveys. We may also ask that you participate in anonymous surveys, which allow us to collect additional data to help us improve the Website. Participation in such surveys is voluntary and is not connected to any of your personal information.

    6. Analytics. We use non-personally identifiable information in the aggregate to determine how much traffic the Website receives, to statistically analyze Website usage, to improve our content, and to customize the Website's content, layout and services. In addition, we may use your IP address to help diagnose problems with our server, to manage the Website and to enhance the Website based on the usage pattern data we receive.

  6. How we Disclose the Information we Collect. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
    In addition, you agree that we have the right to disclose personal information that we collect or you provide:
    • to WebMD, certain personal information in the aggregate which does not identify you; provided, however, that we will never disclose the results of your lab tests to WebMD, even in the aggregate;

    • to any member of our group, which means our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries and affiliated, professional corporations as needed to provide the Services;

    • to analytics providers that assist us in the improvement and optimization of the Website;

    • to fulfill the purpose for which you provide it;

    • for any other purpose disclosed by us when you provide the information or with your consent;

    • to third-party service providers specifically involved in the processing of your information received via the Website and as otherwise necessary to manage the Website and provide the Services you request;

    • to resolve disputes, investigate problems, and enforce the Website terms of use or any other agreement with PWN;

    • to investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Website; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public;

    • if we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, reorganization, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership; and

    • in connection with a commercial transaction where we are seeking financing, investment, support or funding.

  7. Access to your Personally Identifiable Information. You will be able to access your lab test orders and results from PWN through your WebMD account as further described in the Terms of Use. Once you have completed your purchase transaction, you may update your personal information only by contacting us at help@labs.webmd.com or (855) 999-3358. Updating your personal information in your WebMD account after you complete your purchase transaction will not update such information for the Services. For example, if you update your email address in your WebMD account after you have purchased a lab test but do not contact us directly, the email address you provided in connection with your purchase, not your updated email address, will be used to contact you in connection with the Services, such as to alert you that your results are available. Additionally, updating your personal information by contacting us directly will update such information for the purpose of receiving the Services but will not update such information in your WebMD account.

  8. Handling of Electronic Records and Backup. In general, we will retain all information collected through the Website and Services for, at a minimum, the length of time permitted by law. We maintain backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable data. Backup files may contain records with your personal information. Removing a record from our active files and databases does not remove that record from any backup systems. Such backup data will eventually be passively deleted as backup records are erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same security protections as our other records.

  9. Security. Communications between your browser and portions of the Website containing personally identifiable information may be protected with various forms of encryption. This encryption is to help protect your information while it is being transmitted. Once we receive your information we strive to maintain the physical and electronic security of your personal information using commercially reasonable efforts.
  10. HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET OR ANY WIRELESS NETWORK CAN BE GUARANTEED TO BE PERFECTLY SECURED. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION USING COMMERCIALLY AVAILABLE AND INDUSTRY STANDARD TECHNOLOGY, WE CANNOT ENSURE OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
    We have implemented measures designed to secure your personal information form accidental loss and from unauthorized access, use, alteration, and disclosure. As you access your personal information by logging on to your WebMD account, you are responsible for keeping your password confidential.

  11. Security Breach. If we determine that your personal information has or may reasonably have been disclosed due to a security breach of our systems, we will notify you to the extent required by applicable state and federal law, using your information that we have on file.

  12. Third Party Privacy. This Privacy Policy applies only to the portion of the Website and the Services provided by PWN. The portion of the Website and the Services provided by WebMD, including when you create an account with WebMD, are governed by WebMD’s privacy policy and applicable terms and conditions of use. PWN is not responsible for the privacy practices of any third party website you access from this Website. You should review the privacy policy of every website before using the website or submitting any information to the website.

Notice of Privacy Practices Regarding Health Information

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

How we May Use and Disclose your Health Information. We may use and disclose your health information without your written permission for the following limited purposes:

  1. Treatment.
  2. Payment.
  3. Required by Law.
  4. Public Health.
  5. Reporting Victims of Abuse or Neglect.
  6. Health Care Oversight.

We may use your health information and disclose it to appropriate persons, authorities and agencies, as allowed by federal and state law. For example, PWN may disclose your STD lab test results to state health agencies as required by state law. Please be aware that state and federal law may have more requirements on how we use and disclose your health information. If there are specific, more restrictive requirements, even for some of the purposes listed above, we may not disclose your health information without your written permission as required by such laws. We may also be required by law to obtain your written permission to use and disclose your information related to treatment for a mental illness, developmental disability, or alcohol or drug abuse.


Your Health Information Rights. As a customer who receives services from PWN, you have the right to:

  1. Read and obtain a copy your health information.
  2. Request to correct your health information.
  3. Request to restrict certain uses and disclosures of your information. You have the right to request in writing that we restrict how your health information is used or disclosed. For most requests, under the law, we are not required to agree to your request. In some cases, we may not be able to agree to your request because we do not have a way to tell everyone who would need to know about the restriction. There are other instances in which we are not required to agree with your request. We will inform you when we cannot find a way to carry out your request.
  4. Receive a record of how we disclosed your information.
  5. Receive confidential communications by alternative means or at certain alternative locations.
  6. Obtain a paper copy of this notice.

Our Duties.

We are required by law to maintain the privacy of protected health information, to provide you with notice of our legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information;

We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices.


Complaints.

You may complain to us or to the Office of Civil Rights if you believe your privacy rights have been violated by us. You may file a complaint with us using the contract information below. We will not retaliate against you for filing a complaint.


Contact Information.

Contact us at help@labs.webmd.com or (855) 999-3358 with any questions or concerns regarding the above.


This notice was published and becomes effective on May 7, 2018.