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Privacy Policy

Last Updated September 1, 2011

Please read this Privacy Policy to learn more about the ways in which we use and protect your privacy. If you have additional questions, you may send an email to privacyofficer@eyefinity.com or call the Eyefinity help desk at 1-877-448-0707

Overview

The privacy practices described in this Privacy Policy apply to our services available via the portal under the domain www.eyevantage.biz (the "Site"). By accepting this Privacy Policy and the Eyefinity Terms and Conditions of Use (the "Terms of Use") when registering as an Eye Care Provider on the Site (an "ECP"), you expressly consent to our use and disclosure of information collected on the Site in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Terms of Use.

Table of Contents

  1. Treatment of Protected Health Information
  2. Other Information We Collect
  3. Our Use of Your Personal Information
  4. Our Disclosure of Your Personal Information
  5. Control of Your Password
  6. Accessing, Reviewing, and Changing Your Information
  7. Other Information Collectors
  8. Security
  9. Notice

1. Treatment of Protected Health Information.

This Privacy Policy is not intended to, and will not, govern Eyefinity's treatment of information constituting Protected Health Information ("PHI"), as that term is defined in privacy regulations issued by the United States Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). The treatment of PHI will be governed entirely by the applicable Business Associate Agreement between your practice and Eyefinity. Any reference to "information," "Personal Information" or "personally identifiable information" in this Privacy Policy expressly excludes PHI.

2. Other Information We Collect.

Our primary purpose in collecting personally identifiable information about you or your practice (such as name, address, phone number, or e-mail address) ("Personal Information") is to allow us to communicate with you as part of our services.We may also use this information to help us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and more efficient. We only collect Personal Information about you that we consider necessary for achieving these purposes.

Furthermore, we use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and customize features. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a cookie. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. All cookies that we use are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to re-enter your password more frequently during a session.

If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you.

3. Our Use of Your Personal Information.

We use Personal Information about you and your practice to facilitate the services you request. We may also use this Personal Information in the file we maintain about your practice, and other information we obtain from your current and past activities on the Site to, among other things: resolve disputes; troubleshoot problems; collect fees owed; measure interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud, and other criminal activity; enforce our Terms of Use; improve our content and product offerings, and customize the Site's content, layout and services; and as otherwise described to you at the time of collection. You agree that we may use Personal Information about you and your practice for all of these purposes.

You agree that we may use your Personal Information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the Terms of Use and Privacy Policy, you expressly agree to receive this information. Out of respect for your privacy, we give you the option not to receive these types of communications. If you do not wish to receive such information, you may opt-out by replying to a promotional email as instructed in the message.

4. Our Disclosure of Your Personal Information.

As a matter of policy, we do not sell or rent any of your Personal Information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your Personal Information may be disclosed in the normal scope of providing our services.

Advertisers. We aggregate (gather up data across all ECP accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you or your patients personally without your explicit consent.

Other Corporate Entities. We may sell, transfer, or otherwise disclose some or all of your Personal Information to another business entity in the event of a corporate merger, consolidation, or the sale of substantially all of our assets.

Legal Requests. Eyefinity cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and help protect you and the Eyefinity community from bad actors. At times we may be required by law or legal process to disclose Personal Information about you or your practice. We may also disclose information about you or your practice if we believe that disclosure is in the public interest.

Due to the existing regulatory and technological environment, we cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, we may be forced to disclose Personal Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse Personal Information about you or your practice that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private.

5. Control of Your Password.

You are responsible for all actions taken with your User ID and password, including fees charged to your account. Therefore we do not recommend that you disclose your Eyefinity User ID or password to any third parties. If you choose to share your User ID and password or your Personal Information with third parties, you are responsible for all actions taken with your account and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 7.

6. Accessing, Reviewing, and Changing Your Information.

We offer you the ability to automatically review and change the information you submit to us, including your password, by logging into the Site and entering in the new information yourself or, where prompted, by contacting Eyefinity Customer Care. You must promptly update your personal information if it changes or is inaccurate.

7. Other Information Collectors.

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are External Providers on the Site or other sites accessed via Eyefinity, different rules or policies apply to their use or disclosure of the information you disclose to them. Since Eyefinity does not control the privacy policies of third parties, you are responsible for understanding the privacy policies of these third parties. Eyefinity is not responsible for the privacy policies of these websites. We encourage you to ask questions before you disclose your Personal Information to others.

8. Security.

All users must have a User ID and password issued by the eyeVantage system. Your information is stored on Eyefinity's servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls," and Secure Socket Layer security. However, "perfect security" does not exist on the Internet.

9. Notice.

We may amend this Privacy Policy at any time by posting the amended terms on the Site. If any material changes are made to this Privacy Policy, we will notify you by posting an announcement on our homepage. By using the Site after such amendment, you agree to the terms of the amended Privacy Policy.

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eyeVantage TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

Welcome to www.eyeVantage.biz (the "Site"), a service brought to you by Eyefinity, Inc. (www.Eyefinity.com). The following terms and conditions (these "Terms and Conditions") govern your access to and use of this website (the "Site") and apply to all services and sub-sites available on the Site. By accessing our Site or using its current or future services, you indicate that you have read, understand and accept these Terms and Conditions. Eyefinity is permitting you to use the Site subject to these Terms and Conditions, as well as our Privacy Policy and any other written agreement between the parties concerning the Site. If you do not agree to be bound by these Terms and Conditions, you are not authorized to use or access our Site and should exit immediately.

 

Eyefinity reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any use of the Site or its services following modification of these Terms and Conditions will be deemed acceptance of those modifications. Please review this page periodically for the most recent version of these Terms and Conditions.

 

Any questions or comments regarding the Site should be directed to Eyefinity's Customer Care Department.

2. Eyefinity Services

The Site provides you with access to a wide variety of Eyefinity's and third parties' products, content, tools and services. You understand and agree that Eyefinity, at its discretion, at any time and without notice, reserves the right to modify, enhance or supplement the Site or the services. You further understand and agree that any such changes will automatically constitute part of the services and as such, will also be subject to these Terms and Conditions, unless expressly stated otherwise. You understand and agree that Eyefinity, at its discretion, at any time and without notice, reserves the right to discontinue the Site, the services, or both, including without limitation access to any content, products or services offered in connection with the Site, in whole or in part, temporarily or permanently. Eyefinity takes no responsibility and assumes no liability to you or any third party for any such modification or discontinuation.

3. Using Your Password

All content or instructions transmitted by or received from anyone presenting your password on the Site will be deemed binding on you. You agree that you are solely liable for all actions taken via your username and password, including without limitation all communications, submissions or financial obligations, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone who is not intended to have authority to act on your behalf may have obtained access to your password, change the password immediately. If you are unable to change your password, contact Eyefinity at 877-448-0707 immediately.

4. Restrictions on Use

In addition to the other restrictions provided in these Terms and Conditions, you may not, while accessing or using the Site, engage in any of the following activities: (a) provide false or misleading registration information; (b) disclose your username or password to anyone not intended to have authority to act on your behalf; (c) use the account, username, password, or personal information of another user; (d) harvest or collect information about any users of the Site; (e) use any robot, spider, site search or retrieval application or automatic device to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content; (f) modify the information, content, programs or other materials on the Site or hack into or access the Eyefinity server or Site in an unauthorized manner; (g) frame or mirror any part of the Site; (h) use the Site in a manner inconsistent with applicable laws, rules and regulations; (i) upload or input to the Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any portion or system of the Site; or (j) reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the Site.

5. Third Party Sites, Products and Services

Eyefinity links to various external websites that are not under the control of Eyefinity and you agree that Eyefinity is not responsible for the content, products or services sold by any linked site or any link contained in a linked site. Eyefinity does not assume any responsibility or liability for the actions, products or content of all these and any other third party websites. Links are provided solely for your convenience and Eyefinity does not guarantee the accuracy or completeness of, or endorse any content of any external website. Eyefinity reserves the right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and in no event will Eyefinity be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of any external website.

6. Privacy

To understand our privacy practices, please review our Privacy Policy which is incorporated herein by reference. Although Eyefinity may provide links to external websites on this Site, Eyefinity is not responsible for the privacy practices employed by those external websites. Eyefinity cannot guarantee the security of any data submitted through the Internet.

7. HIPAA Compliance

Please see Eyefinity’s "HIPAA Readiness Statement" posted under the eLearn tab in the HIPAA Resource Center on www.eyefinity.com.

8. Financial Relationships With Eyefinity Affiliates (Stark and Antikickback Law Compliance)

Eyefinity does not participate in or facilitate unlawful relationships under federal or state health care laws. If you have a financial relationship with any Eyefinity affiliate, contractor, service provider, employee, agent or licensor or any other party involved in creating, producing or delivering the Site or its services (the "Eyefinity Affiliates"), your relationship may cause your requests through Eyefinity to be prohibited referrals under the federal physician self-referral statute (commonly referred to as the "Stark Law") or its state law analogs. Likewise, if you solicit, receive, offer or pay remuneration, in cash or in kind, in return for the referral of patients, your activities may violate federal or state antikickback laws. We presume that you will consult with your counsel to avoid any violation of the Stark Law, its state analogs and antikickback laws. If Eyefinity learns that you have a relationship or are engaging in activities that violate any of these laws, Eyefinity will terminate your ability to access the Site.

9. Ownership

All content on the Site, including without limitation the text, graphics, images, URLs, script, the eyeVantage logo, the Eyefinity logo and other logos, is the property of Eyefinity or its content suppliers and business affiliates and is protected under the copyright, trademark and other laws of the United States. Nothing on the Site grants you any right or license to use any of the content on the Site without the express written permission of Eyefinity. Except as may be explicitly permitted on the Site, you shall not copy, modify, display, post, upload, republish, distribute, sell, license, create derivative works from, or transmit anything you obtain or view on the Site unless you first obtain Eyefinity’s written permission.

Except with regard to personal information or Protected Health Information, as that term is defined in privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), all information you post on the Site or communicate to Eyefinity through the Site (collectively, "Submissions") will forever be the property of Eyefinity. Eyefinity shall not treat any Submission as confidential and shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You hereby represent that your Submission does not infringe the rights of any third party.

10. Limitation of Liability

Regardless of the type of claim or the nature of the cause of action, you agree that in no event will Eyefinity OR the Eyefinity Affiliates be liable in any manner whatsoever (a) for any decision made or action taken or omitted by you in reliance upon the information provided through the Site; (b) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (c) for unauthorized access to or alterations of your third party content or other information; and (d) for any indirect, special, incidental, consequential, or punitive damages, including without limitation lost revenues, lost profits, lost data on your equipment or otherwise, which may result from the use of, access to or inability to use the Site or its services, even if Eyefinity or the Eyefinity Affiliates have been advised of the possibility of such damages. The aggregate liability of Eyefinity and the Eyefinity Affiliates arising from or relating to these Terms and Conditions (regardless of the form of action or claim) is limited to the total amount paid by you to Eyefinity during the preceding 12 months. Because some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, some of the exclusions set forth in this section may not apply to you depending on your jurisdiction.

11. Disclaimer of Warranty

Use of the Site is entirely aT your own risk. Eyefinity makes no representations or warranties about the Site and its services. the Site is provided "as is" and "as available" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Eyefinity does not warrant that the content or any information received through the Site are accurate, reliable, uninterrupted or correct; that any defects or errors will be corrected; or that the content or any information received through the Site IS free of viruses or other destructive or harmful components. Because some jurisdictions do not allow the exclusion of certain warranties, some of the exclusions set forth in this section may not apply to you depending on your jurisdiction.

12. Indemnification

You agree to defend, indemnify, and hold harmless Eyefinity and Eyefinity Affiliates from all liabilities, claims, and expenses, including without limitation attorneys’ fees, that arise from your use of the Site or any services, information or products of the Site, or any violation of these Terms and Conditions.

13. Termination

Your use of the Site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the Site in violation of these Terms and Conditions or for any purpose that violates local, state or federal law. Any actions in violation of these Terms and Conditions may subject you to civil and criminal legal penalties and Eyefinity reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions.

14. Choice of Law and Forum

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive jurisdiction of the federal and state courts in the County of Sacramento, California, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings will be conducted in English.

15. Severability

If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of any other provision. The unenforceable provision will be amended so as to best accomplish the objectives of the provision within the limits of applicable law.

16. No waiver

Neither the failure nor delay of Eyefinity to exercise any right, remedy, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege, nor will any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by Eyefinity.