Updates as of January 7, 2021
- This online service is designed for general patient educational and information purposes only and does not render medical advice or professional services, unless we otherwise indicate with respect to the specific online service, for example, UPMC’s live audio and video visit service. The information provided through this online service should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional health care, and is designed to support - not replace - the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider.
- If you think that you may have a medical emergency, call your doctor or emergency medical services immediately (911) or go to a hospital Emergency Department. If you are seeking a referral or consultation with a medical expert, please contact the UPMC Consumer Referral Service, Monday through Friday, 9 a.m. to 5 p.m., at 1-800-533-8762.
- UPMC disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of our online services. UPMC does not warrant or guarantee that the information will not be offensive to any user and/or may not meet your needs and requirements.
- Our online service may include links to third party Web service providers. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content of linked third-party sites.
- UPMC adheres to the principles of the HON Foundation and we aim to follow these principles in the preparation of material we have placed on our online services.
Relationship to Other Terms
Our Privacy Statement covers the UPMC, its subsidiaries and any of its online services accessible via the primary online services listed below:
Organization Name: UPMC
Address: 200 Lothrop St.
City, Zip: Pittsburgh, 15213
Primary online services: www.upmc.com; www.chp.edu; hillman.upmc.com; www.upmccancercenter.com; www.altoonaregional.org
Any information that is defined as protected health information under the Health Insurance Portability and Accountability Act is governed by, and will be used and disclosed solely as described in, the UPMC Notice of Privacy Practices, not this Privacy Statement. Complete descriptions of your rights under the Health Insurance Portability and Accountability Act can be found at:
UPMC Health Plan: https://www.upmchealthplan.com/privacy.aspx
For information on UPMC’s compliance with the European Union’s General Data Protection Regulation, please review our EU Notice of Privacy Practices.
If you have any questions concerning the confidentiality of your personal information at UPMC, please contact UPMC’s Office of Patient and Consumer Privacy at 412-647-5757, or 1-800-533-8762.
- Collection and Use of Personal Information
- Information We Collect
We collect information you provide directly to us, such as when you create an account or profile in MyUPMC, use the interactive areas and features of the online services, subscribe to our email list, participate in a survey or events, pay a bill, make a donation, request support, or otherwise communicate with us. Depending on the online services, when you access and use our online services, we may collect the following kinds of information from you:
- Account information, such as your name, email address, password, postal address, phone number, date of birth and any other information you choose to provide.
- Transaction information, such as your health insurance information and limited payment information from you, such as payment method and payment card information.
- Information about others, such as the names and the contact information of your providers, your representatives, and any dependents in your care.
- Health information, such as your past and present medical condition, medication information, and treatment history.
- Other information you choose to provide, such as when you participate in a survey, assessment, contest, promotion or interactive area of the online services, live audio and video visit, or when you request technical or customer support.
We also automatically collect the following information from you when you visit or use some of our online services:
- Login information, where our servers record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the online services.
- Device information, such as the device used to access or use the online services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. If your device settings permit, we may also collect information about the precise location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the online services.
- Online tracking information, such as through the use of tracking technologies, including cookies, pixel tags, local stored objects, and web beacons to collect information about you when you interact with our online services.
- We may allow others to provide analytics services on our behalf using these technologies to collect information about your use of the online services and other websites. We also place Cookies of third parties, such as Google, Facebook, or Microsoft’s Bing, in the online services that track your interactions with that third party’s website, content, advertisements, website links, and/or other online services. For more information about how and why we use these technologies, and how to disable them, please see our Cookies Notice. Some of this information may be used for re-identification. Re-identification is a process by which anonymized data collected on our online services (for example, UPMC.com) are matched with personally identifiable information. Re-identified data are used among other ways to provide website users with a more relevant and user-friendly online experience.
- Why We Collect Information
We collect your information for a number of reasons, depending on the online service, including to:
- Provide, maintain and improve our online services and provide you with relevant information;
- Send you technical notices, updates, and alerts;
- Provide support, customer service, and administrative messages;
- Respond to your comments and inquiries, and provide customer services;
- Communicate with you about products and services oﬀered by us and others, and to provide news and information about products, services, and events we think will be of interest to you;
- Plan, administer and coordinate events, community groups and outreach activities;
- Process financial assistance applications;
- Process a donation to UPMC;
- Monitor and analyze trends, usage and activities in connection with our online services;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of UPMC and others;
- Maintain appropriate records for internal administrative purposes.
- Comply with applicable laws, regulations, and court orders.
- Carry out any other purpose described to you at the time the information was collected.
- Social Media Plug-Ins
We may collect information that you have made public via your social media accounts. As a convenience to you, some of our public online services may use plug-ins from social media networks like Facebook, Twitter, and LinkedIn. These plug-ins are indicated by the social networks’ respective logos on the online services and are used to establish a direct connection with these social networks. Integration of the plug-in may allow the social media network to receive information that you have loaded onto the online services. For example, if you are logged in with Facebook while you visit our online services, the plug-in may be able to assign your visit of our online service to your Facebook account. This information exchange takes place automatically. You may prevent this exchange if you log out of your social network before using the online services, disable this feature on your social network application or service, and/or disable cookies as described in our Cookies Notice.
- How We Share Your Information
- We will share your information with other entities that are subsidiaries of UPMC.
- We will share your information with our advertising partners in order to display advertisements that we think are relevant to you. While much of the information we share is anonymized, we may permit selected advertising partners to match and re-identify you.
- When you access our site while logged into a social network platform or when you post content from our online services to your social network platform, we may share your information with that platform.
- We will share your information in the course of legal proceedings or in response to legal orders or government requests, and as otherwise required by law.
- We will share your information as needed to support compliance and corporate governance functions.
- We will share you information in connection with a transfer of ownership or assets, a corporate reorganization, merger, or acquisition.
The Cookies Notice in the paragraphs below describes the various technologies the integrated academic health system of UPMC and its subsidiaries and affiliates use when you access and use our online services (including UPMC.com, MyUPMC, MyUPMC.upmc.com, and any subdomains, as well as any other UPMC-related websites or mobile applications). Please read this Cookies Notice carefully, as it describes how we collect and store information, including through cookies, pixel tags, and local objects (collectively referred to in this notice as “Cookies”) on our online services, the reasons we use these Cookies, and how you can disable them. This notice applies to any online service where this notice is placed or that references this notice.
- What are Cookies and why does UPMC use them?
A Cookie is a small text file, including a unique reference code, that is stored in your device by your web browser when you visit or use the online service, and that your browser provides to us each time you return to the online service. Almost every website uses these files. Cookies may store certain information such as your internet protocol (“IP”) address, operating system, device information, browser type and language, referring URLs, access times, pages viewed, links clicked, and other information about your activities or use of the online service. These are used to identify the content you view, the content you provide so that you do not have to re-enter it each time you visit our online services, and your preferences and settings. Cookies also help us provide you with customized content, speed navigation through our online services, allow us to learn about your visit and use of our online services, and to market our products and services to you on our online services and non-UPMC websites based on your interests and preferences. There are two kinds of Cookies: session Cookies and persistent Cookies. Session Cookies last for as long as your internet browser is open. Once the browser closes, the session Cookie disappears. Persistent Cookies are stored on your device for longer periods. Both types of Cookies can create an identification that is unique to your device.
- What type of Cookies does UPMC use?
We use five different types of Cookies, depending on the online service. These are called Strictly Necessary Cookies, Performance Cookies, Functional Cookies, Analytics Cookies, and Marketing Cookies. We do not use the same Cookies in every online service.
- Strictly Necessary Cookies are essential in order to enable you to move around the online service and use its features. These are temporary Cookies that last only as long as your web browser or application is open, and are used for technical purposes such as enabling better navigation on the online service. Without these Cookies, services you have asked for cannot be provided. Once you close your browser, the Cookie disappears.
- Performance Cookies are stored on your device for longer periods and are used for various performance purposes including tracking the number of visitors to the online service and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. The collected information is collected and stored in aggregate form. These Cookies are used exclusively to improve the performance of the online services and the user experience.
- Functional Cookies enable the website to save information which has already been entered (such as user names, language choices, and your location), so that it can offer you improved and more personalized functions. Functional Cookies are also used to enable features you request, such as playing videos.
- Marketing Cookies are used to deliver advertisements to you based on your interests and preferences. These Cookies are also used to collect data when you have interacted with our online advertisements. Data we collect for advertising or marketing purposes includes information such as IP address, browser type, location (municipality, not home or street address), date and time of visit, domain type, and activity on the online service. We use and share data from these Cookies with our advertising and marketing partners that enable us to present you with advertising on other sites, or with marketing information, based on your previous interaction with our online service. These Cookies also limit the frequency with which an advertisement appears and measure the effectiveness of advertising campaigns by determining whether you have visited an advertised webpage or our online service. We may permit selected marketing partners to match and identify you using this information.
- We also place Cookies of third parties, such as Google, Facebook, or Microsoft’s Bing, in the online services that track your interactions with our online services and that third party’s website, content, advertisements, website links, and/or other online services. These Cookies are linked to a user’s use of that third party’s online services. Third-party Cookies are managed by third-party service providers that also provide UPMC with statistical or analytical information and help us provide you with advertisements that we believe would be relevant for you. The information collection and use practices by such third parties are described in that third party’s privacy policies and Cookies notices, not this Cookies Notice.
- Your Choices: How to Manage and Disable Cookies
You can manage or disable Cookies at any time by adjusting your browser or device settings. Browsers and devices are different, so refer to the settings menu of your browser or device control settings for instructions on how to change your Cookie preferences. If you choose not to receive Cookies, our online services, or portions of our online services, may not function properly or be available to you.
New services and specific Cookies may be added from time to time without prior notice to you. Accordingly, this Cookies Notice may be updated and posted online. Any updated Cookie Notice will become effective when posted. Please review this Cookies Notice periodically.
We are committed to protecting the privacy of children. UPMC’s online services are not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.
UPMC maintains commercially reasonable standards of security for the protecting our online services and information. Even so, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. UPMC is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.
Terms Applicable to Online Live Audio and Video Visit Services
If you elect to use UPMC’s live audio and video visit services, such services also constitute online services. Your use of UPMC’s live audio and video visit services are subject to these terms and conditions.
UPMC’S LIVE AUDIO AND VIDEO VISIT SERVICES MAY ONLY BE USED TO REQUEST ADVICE FOR NON-EMERGENCY AND NON-URGENT MEDICAL CONDITIONS. DO NOT USE UPMC’S LIVE AUDIO AND VIDEO VISIT SERVICES IF THERE IS AN EMERGENCY, URGENT CONDITION OR WHEN YOU REQUIRE AN IMMEDIATE ANSWER. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY MEDICAL SERVICES IMMEDIATELY OR CALL 911.
- Online Account
To access or initiate a UPMC live audio and video visit, you may be required to create an individual user account in the UPMC online service (“Account”). You agree that you will not create more than one Account, or create any account for anyone other than yourself and/or your dependent. In creating an Account, you agree to provide current, accurate information about yourself or your dependent, and you agree that each time you access your Account, you must update all information to keep it accurate, complete, and current. If information is provided that is untrue or incomplete or if it is suspected that the information provided is untrue or incomplete, UPMC may suspend or terminate your Account and refuse to provide you with service(s) in the future.
- Services Provided
If you elect to be treated by a UPMC Provider, the UPMC Provider will provide a diagnosis and recommend a treatment plan based on the information you provide during your UPMC live audio and video visit. You become a patient of UPMC when you use the UPMC’s live audio and video visit service, and you agree that the health information collected and generated during such UPMC live audio and video visit will be part of your medical record.
During your UPMC live audio and video visit, the UPMC Provider may direct you to a more traditional setting to receive care (such as in the physical presence of a healthcare provider). The UPMC Provider who will be reviewing your request for care and providing you with a diagnosis and/or treatment plan will be a qualified physician, physician assistant, nurse practitioner, health coach or other licensed practitioner. In addition, if you are already an established patient of UPMC, the record of your UPMC live audio and video visit will be included in your UPMC medical record.
Please note that UPMC Providers may, at their discretion, deny a UPMC live audio and video visit and require a physical visit for patients under 3 years of age.
- Prescription Medications
UPMC’s live audio and video visit service is not an internet pharmacy. If medically indicated, your treating UPMC Provider in his/her sole discretion and subject to applicable laws, may write prescriptions relating to your UPMC live audio and video visit as the treating UPMC Provider determines in his/her sole discretion. You understand that only your UPMC Provider will determine whether you need a prescription as part of your treatment regimen.
- Your Obligations
When you make a UPMC live audio and video visit appointment or participate in a UPMC live audio and video visit, you represent and certify, under penalty of perjury, to UPMC and the UPMC Provider that the following are true and correct in all respects:
- You are not experiencing a medical emergency.
- You will not disregard medical advice previously given to you by another provider based upon the treatment you receive from a UPMC Provider during your UPMC live audio and video visit.
- If you are seeking care on behalf of a minor, you are the minor’s parent or legal guardian and you agree to these terms and conditions and all applicable references contained herein on the child’s behalf. If you are seeking care on behalf of an adult of whom you have proxy permission, you are the legal proxy for such adult, and you agree to these terms and conditions and applicable references contained herein on behalf of the adult.
- If you are seeking care on behalf of a minor, you will be present with the child during the video portion of your UPMC live audio and video visit.
- If you are seeking care on behalf of another person, you are seeking such care with no frivolous intent and are acting within the best interests of the patient.
- You are competent to use the live audio and video service, and you fully understand the terms and conditions set forth herein.
- You understand that there are limitations associated with a UPMC live audio and video visit that may not arise in a traditional, in-person setting, such as technical and connectivity issues that may occur during your live audio and video visit. You have voluntarily chosen to be treated by the UPMC Provider and understand these limitations.
- You have been given the opportunity to ask any and all questions about any medication(s) that may have been prescribed. You understand that there are risks and potential side effects as well as benefits in taking any medication.
- If you are prescribed a medication, you will use the medication for your own medical needs, and you will not distribute, sell, or otherwise dispense the medication(s) to any other person(s).
- You are not requesting the medication from multiple sources in order to provide or add to a stock of such medication or to exceed the amount necessary for your current personal medical needs.
- You understand that certain over-the-counter medications, including herbal medicines and nutraceuticals, may adversely react with prescription medications, and you agree that you will not take any of these over-the-counter medications without first consulting your pharmacist or your primary care physician.
- You will address with the UPMC Provider and your primary care physician any concerns regarding your UPMC live audio and video visit, questions, difficulties, or complications in connection with recommended treatment, or medications prescribed during your UPMC live audio and video visit.
You agree to indemnify and hold harmless UPMC and the UPMC Providers for any claims, damages, losses, charges, costs, expenses, and liabilities arising from or related to any breach by you of the above-certifications.
- Financial Responsibility
UPMC will bill your insurance provider for each UPMC live audio and video visit. Your financial responsibility for each UPMC live audio and video visit will be determined by your insurance coverage, if any. You agree and understand that you may be financially responsible for a copay and/or the full financial charge applicable to your UPMC live audio and video visit.
- Consent to Treatment
When you elect to use UPMC’s live audio and video service, you consent to the provision of medical services that may include a diagnosis and treatment plan and related prescribing of certain medication as determined by the UPMC Provider, referral(s), and/or recommendation for a different level of care, as considered necessary or advisable, diagnostic procedures, medical treatment by and/or suggestion for admission to a hospital or other healthcare facilities and other healthcare providers which the UPMC Provider may consider necessary or advisable. You also agree that the UPMC Provider determines whether or not the condition being diagnosed and/or treated is appropriate for a UPMC live audio and video visit.
You further understand that your health information may be shared through a variety of regional, state, and national information exchange networks, and you have reviewed and agree to the information exchange provisions in UPMC’s Notice of Privacy Practices and in UPMC’s Clinical Connect HIE Standard Addendum to UPMC’s Notice of Privacy Practices.
When you schedule a UPMC UPMC live audio and video visit, you agree and represent that:
- All of the information you provide to UPMC and the UPMC Provider during the course of your UPMC live audio and video visit is truthful, accurate and complete, and any failure to do so could result in an inaccurate diagnosis or treatment that could be harmful or ineffective. Accordingly, you will answer each question from the commencement of your requested UPMC live audio and video visit through its conclusion truthfully and accurately, and will fully and completely disclose any and all information concerning your health and medical history that could be relevant to your current condition and need for treatment and/or medication. If you have requested care for a child, you represent that the foregoing statements are true for the information you have provided on the child’s behalf.
- If you fail to provide information that is required to schedule or complete the UPMC live audio and video visit, UPMC and the UPMC Provider reserve the right to refuse to schedule or terminate any UPMC live audio and video visit.
- During any UPMC live audio and video revisit you will make the UPMC Provider aware of any changes to your medical condition or any information previously provided when seeking to obtain a medication refill or any other medical service or product.
- You will comply with all instructions provided by the UPMC Provider following the submission of answers to questions required to obtain the diagnosis received during your UPMC live audio and video visit.
- UPMC is not liable for your failure to adhere to or be compliant with the UPMC Provider’s recommendations or directions, which may include a referral to another provider or specialist.
You agree to indemnify and hold harmless UPMC and the UPMC Providers for any claims, damages, losses, charges, costs, expenses, and liabilities arising from or related to any breach by you of the above representations.
- Technology Limitations and Disclaimer
Certain mobile devices, including smart phones and tablets, may allow you to complete the UPMC live audio and video visit using the mobile device. UPMC cannot and does not guarantee that every mobile device will allow you to use UPMC’s live video and audio visit service. Also, UPMC is not responsible for any third party mobile device, application, or system used to access and use the UPMC live audio and video visit service. Use of these third party technologies is at your own risk. If your mobile device does not permit you to undertake and/or complete a UPMC live audio and video visit with a UPMC Provider, UPMC requests that you try using an appropriate desktop and/or laptop computer to undertake and complete the UPMC live audio and video visit. You must always take precautions in protecting your personal or confidential information and always ensure that your mobile devices and third party technologies are used in a safe and responsible manner.
UPMC's goal is to provide high quality health information through the content on our online services. Every effort has been made to provide accurate, timely, and comprehensive information that will be useful to its readers.
We define content as all material (text, images, graphics, tables, audio, and visual) and menu icons, bars, listings, indices, as well as functions that support content such as links, navigation, searches, and calculations.
UPMC uses original, stock, and purchased photography on the online service. The individuals portrayed in the images are models and are not intended to imply endorsement or any association with any illness or condition.
The information provided on our online services was authored by, or has been reviewed and approved by, health care professionals at UPMC. Some of the consumer education information on the online service is provided through a contract with third parties.
We follow a standard set of editorial procedures for information that we post on our online services. However, we don't offer you any warranty or guarantee related to our online services; we specifically disclaim any warranties, expressed or implied. It is the responsibility of visitors to our online services to evaluate the information we provide and determine its relevancy and usefulness to them.
We welcome your feedback about the content provided on the UPMC online service. You may be asked on occasion to complete satisfaction surveys or provide customer feedback. UPMC may use that information to enhance functionality of the online services or to analyze the data as part of studies and reports. Your participation in these satisfaction surveys is completely voluntary and does not affect your use of the online services. Please note that we must make the final decisions about the information that is posted on our online services to ensure that it meets the needs of all of our users. Please contact us with any comments or concerns regarding the content on our online services or if you wish to provide feedback.
UPMC shall not be held responsible for content submitted by other social media site users. UPMC also reserves the right, but is not obligated, to remove any posts, graphics, comments, videos, photos, or any other content that:
- Is libelous, defamatory, or disparaging
- Violates another party’s copyright, trademark, or other intellectual property rights
- Affects the privacy rights of any of our patients, including the person posting the content, or of any UPMC employee
- Condones or promotes illegal activity
- Is inaccurate, misleading, fraudulent, or deceptive
- Uses harsh, obscene, hateful, or threatening language
- Is spam, or is intended to cause technical disruptions to a UPMC online service or social media site
- Offers unauthorized advice or tips
- Markets commercial products or solicits monetary contributions to any organization
- Is off-topic or excessive
- Violates any applicable law
UPMC is not obligated to respond to any post or request for information or advice made on a social media site. Any health information provided is for informational purposes only and is not a substitute for professional medical advice.
Restrictions on Use
UPMC owns the information on our online services. The entire contents and design of our online services are protected under U.S. and international copyright laws. You may look at our online service online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.
We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email the Webmaster (email@example.com).
You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). UPMC strongly encourages you to not share your username and password, except that you shall not share your username or password to allow anyone access to your account in order to use a UPMC’s live audio and video service. You understand that UPMC takes no responsibility for, and disclaims all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact UPMC. If UPMC has reason to believe that your account has been compromised or misused, UPMC may suspend or discontinue your account(s) without prior notice.
You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.
Not a Substitute for Medical Advice
The contents of the UPMC online services, such as text, graphics, images, information obtained from UPMC's licensors, and other material contained on the UPMC.COM and UPMC.EDU online services ("Content") are for informational purposes only and does not render medical advice or professional services unless we otherwise indicate. The information provided through our online services should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on UPMC's online services.
UPMC disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the online services. UPMC does not warrant or guarantee that the information will not be offensive to any user. User is hereby put on notice that by accessing and using the online services, user assumes the risk that the information and documentation contained in the online services may be offensive and/or may not meet the needs and requirements of the user.
If you think you may have a medical emergency, call your doctor or emergency medical services immediately. If you are seeking a referral or consultation with a medical expert, please contact the UPMC Consumer Referral Service, Monday through Friday, 9 a.m. to 5 p.m., at 1-800-533-UPMC.
UPMC will use reasonable means to protect the privacy of your health information sent by email. However, because of the risks outlined below, UPMC cannot guarantee that email communications will be confidential. Additionally, UPMC will not be liable in the event that you or anyone else inappropriately uses your email. UPMC will not be liable for improper disclosure of your health information that is not caused by UPMC's intentional misconduct.
Email Risks and Your Responsibility
At the discretion of the UPMC, its staff, physicians and agents (UPMC) and upon your agreement to the terms outlined within this consent form, you may use email to communicate with UPMC. These emails may contain your personal health information. If you decide to use email to communicate with UPMC, you should be aware of the following risks and/or your responsibilities:
- Because the Internet is not secure or private, unauthorized people may be able to intercept, read and possibly modify email you send or are sent by UPMC.
- You must protect your email account, password and computer against access by unauthorized people.
- Because email can be used to spread viruses, some which cause email messages to be sent to people who you do not intend to send email messages to, you should install and maintain virus protection software on your PC.
- Because emails can be copied, printed and forwarded by people to whom you send emails, you should be careful regarding whom you send emails.
- As your employer may claim ownership of, or the right to access, the email account issued to you by your email, you should avoid using an employer issued email account to communicate with UPMC.
- If you do provide an employer-issued email account to communicate with UPMC, you understand and agree that your employer may have the right to access to all email sent by UPMC to the account, and you provide permission to UPMC to send email, including billing statement availability emails, to the account, unless and until you change the email address for UPMC communication in MyUPMC.
Conditions For The Use Of Email
By consenting to the use of email with UPMC, you agree that:
- UPMC may forward emails as appropriate for diagnosis, treatment, reimbursement, billing, and other related reasons. As such, UPMC staff members, other than the recipient, may have access to emails that you send. Such access will only be to such persons who have a right to access your email to provide services to you. Otherwise, UPMC will not, otherwise, forward emails to independent third parties without your prior written consent, except as authorized or required by law.
- Although UPMC will try to read and respond promptly to your emails, UPMC staff may not read your email immediately. Therefore, you should not use email to communicate with UPMC if there is an emergency or where you require an answer in a short period of time.
- If your email requires or asks for a response, and you have not received a response within a reasonable time period, it is your responsibility to follow up directly with UPMC.
- You should carefully consider the risk of using email for the communication of sensitive medical information, such as, but not limited to, information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
- You should carefully word your email messages so the information provided clearly, yet briefly, describes the information you intend to convey. You should avoid writing long "chatty" emails.
- You are responsible for correcting any unclear or incorrect information.
- UPMC reserves the right to save your email and include your email or information contained within your email in your medical record.
- It is the patient's responsibility to follow up and/or schedule an appointment if warranted or recommended by UPMC.
- Emails may not be the only form of communication that UPMC will use to communicate with you. Additionally, UPMC may decide that it is not in your best interest to continue to communicate with you by email. In such case, UPMC will notify that it no longer intends to communicate with you by email.
- If you provide an email address to UPMC for communication, UPMC may use that email address to notify you when a new billing statement is available.
- You shall immediately inform those individuals with whom you communicate with at UPMC of changes in your email address.
- You shall send emails only to such UPMC email addresses as instructed.
- You shall put your name and such other information as is necessary for UPMC to identify you in the body of the email.
- You shall include the category of the communications in the email's subject line, for handling purposes (e.g. prescription, appointment, medical advice, billing question, etc.)
- Prior to sending the email, you shall review the email to make sure it is clear and that all relevant or requested information is provided.
- You consent to communicate by email by sending an email to all of the email addresses (mailboxes) that you had previously communicated to.
You can unsubscribe from UPMC emails at any time.
Suspension and Termination
UPMC may suspend or terminate your access to an online service at any time, for any reason or for no reason at all. UPMC has the right (but not the obligation) to refuse to provide access to an online service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. UPMC reserves the right to change, suspend, or discontinue all or part of the online service, temporarily or permanently, without prior notice.
UPMC’s online services are designed for and intended for users in the United States of America only. UPMC, its affiliates and UPMC Providers make no representations that the online services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the online service from territories where the content in the online services is illegal is prohibited. If you choose to access or use the online services from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.
YOUR USE OF THE ONLINE SERVICES (INCLUDING ANY DOCUMENTATION, INFORMATION, PROGRAMS, SOFTWARE, OR OTHER MATERIAL ACCESSED ON THE ONLINE SERVICES) IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UPMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, UPMC DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE ONLINE SERVICES WILL BE CORRECTED.
UPMC IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, UPMC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, GLPP, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH UPMC ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UPMC.
a. Scope of Dispute Resolution Section
b. Waiver of Right to Pursue Class Action or Collective Claims (“Class Action Waiver Provision”)
You agree to resolve Disputes with us only in arbitration and only on an individual basis, and you waive any right to pursue any claims on a class, collective, or consolidated basis or in a representative capacity to the maximum extent permitted by applicable law. You and UPMC agree that each may bring claims against the other only on an individual (non-class) basis and not as a plaintiff or a class member in any purported class or representative action or proceeding. Further, you and UPMC agree that a Dispute cannot be brought as a class, collective, consolidated, or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals to the maximum extent permitted by law.
c. Agreement to Arbitrate Claims; Waiver of Jury Trial
In addition, you and UPMC agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date the Dispute arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to UPMC shall be sent by certified mail or courier to 200 Lothrop Street, Pittsburgh, PA, 15213. Your notice must include: (i) your name, street address, telephone number, the email address you use or used for your online services account (e.g., MyUPMC), and, if any, an email address at which you can be contacted; (ii) a brief description of the Dispute; (iii) the amount of money, if any, at issue in the Dispute; and (iv) the specific relief you are seeking. UPMC will send notice to your last known street and email addresses on file, if any. Any UPMC notice will include: (i) our name, street address, telephone number and an email address at which we can be contacted with respect to the Dispute; (ii) a description in reasonable detail of the nature of basis of the Dispute; and (iii) the specific relief that we are seeking.
If you and UPMC cannot agree how to resolve the Dispute within thirty (30) days after the notice is received by the other party, then either you or UPMC may, as appropriate and in accordance with this Section, commence an arbitration proceeding with a written demand for arbitration.
d. Limitation on Time to Bring Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action for or related to a Dispute brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
e. Arbitration Administration and Certain Procedures
You and UPMC agree that, if and as available, any arbitration will be administered by JAMS under either its Streamlined or Comprehensive Arbitration Rules and Procedures, as applicable (“JAMS Rules”), except as otherwise modified by these Terms. The JAMS Rules are available here: https://www.jamsadr.com/rules-streamlined-arbitration/ or https://www.jamsadr.com/rules-comprehensive-arbitration/.
The JAMS form for a written demand for arbitration is available at https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
If JAMS is unavailable or unwilling to conduct the arbitration for any reason, or the parties mutually agree that JAMS should not conduct the arbitration, then by mutual agreement the parties shall select an alternative, impartial, substitute arbitration administration service. This agreement to arbitrate is not contingent on JAMS being available or willing to conduct the arbitration.
You and UPMC also agree to the following relating to any arbitration proceeding:
- You and UPMC waive any right to bring Disputes before any court of law. Rights that you would have if you went to court, such as access to discovery, may be unavailable or limited in arbitration.
- Arbitration proceedings will take place in a mutually convenient location as agreed by the parties. If the parties are unable to agree on a location, the arbitrator will select the arbitration venue, which will be within Pennsylvania. Alternatively, the arbitrator, in his or her discretion, may order that the arbitration proceedings be conducted by telephone, online, and/or solely based on written submissions.
- The arbitrator will be either a retired judge or an attorney licensed to practice law in Pennsylvania and will be selected by the parties from the JAMS roster of arbitrators. If you and UPMC are unable to agree to an arbitrator within fourteen (14) days of JAMS’ notice to the parties of its receipt of the arbitration demand, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
- The arbitrator may award declaratory or injunctive relief only in favor of you or UPMC and only to the extent necessary to provide the relief warranted by your or UPMC’s individual claim. The arbitrator shall not have any power to issue relief to anyone but you or UPMC.
- These Terms affect interstate commerce and the interpretation and enforceability of this Section shall be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as otherwise modified by these Terms.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
- You have the right at your own expense to be represented by an attorney of your own choosing. UPMC, likewise, has the right, at its own expense, to be represented by an attorney of its own choosing.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, UPMC will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse UPMC for all costs and fees associated with the arbitration that UPMC paid on your behalf which you otherwise would be obligated to pay under the JAMS Rules.
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in this Section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.