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Patient Messaging CTIA Compliance.

TEXT SERVICES TERMS OF USE

These Text Services Terms of Use (“Terms”) govern your participation in Short Message Service (“SMS”), Multimedia Messaging Service (“MMS”), Rich Communication Services (“RCS”), and/or other texting services (“Text Services”) offered by Central Outreach Wellness Center (“COWC,” “Clinic,” “we,” “us,” or “our”)

By enrolling in or otherwise requesting the Text Services, you agree to the following terms and conditions of use.

  1. Description of Messaging Services

We may use the Text Services to communication with you regarding a variety of matters, including, but not limited, to:

  1. Your appointments, scheduling, confirmations, cancellations, and reminders;
  2. Coordination of your healthcare;
  3. Information regarding your prescription, laboratory, diagnostic, or treatment-related information;
  4. Your pre-visit, post-visit, or follow-up information;
  5. Certain patient-service and administrative notices;
  6. Your billing or payment-related information, when permitted by applicable law;
  7. Messages and/or requests for assistance by you;
  8. Account and/or administrative information;
  9. Authentication or verification your identity when appropriate; and
  10. Other Clinic-related information or services for which you have authorized or requested communications.

The particular contents of any message(s) will depend upon the Text Services for which you have enrolled in and/or requested use.

  1. Opt-In/Enrollment

By providing your mobile telephone number and enrolling in one or more Text Services, you authorize COWC and its service providers to send text messages to the supplied mobile telephone number, consistent with your enrollment/opt-in and any applicable law or regulation.

Your decision to opt into or withhold consent for the Text Services will in no way affect your ability to receive healthcare from the Clinic, unless otherwise required or permitted by law or regulation.

You may opt-out of or withdraw consent for the Text Services at any time through use of the ‘Opt-Out’ process, identified below.

  1. Communication Preferences

The terms and conditions set forth herein are applicable to anyone who opt-in to or otherwise requests the Text Services from COWC and its service providers. When you opt-in to the Text Services, you are agreeing to receive text messages related to your relationship with the Clinic. The terms and conditions set forth herein are applicable to both texts sent to and received by you.

  1. Message Frequency

The frequency of messages received by you as a part of the Text Services will vary depending upon the specific Text Services you have opted into, your specific healthcare and related administrative activities, and your communication preferences.

  1. Message and Data Rates

The Clinic does not charge for use of the Text Services. However, message and data rates may apply depending upon your wireless carrier and mobile service plan.

Not all messaging features are available on all devices or networks.

  1. Automated Messages

Some messages may be generated or sent automatically based on events, transactions, appointments, healthcare activities, account activity, or other information associated with your participation in the Messaging Services.

You may receive messages generated using automated technology, including automated dialing or messaging systems, where permitted by applicable law.

  1. Third-Party Providers and Telecommunications Networks

Messages sent as a part of the Text Services may pass through third-party telecommunications carriers, messaging platforms, cloud-based service providers, aggregators, and other third-party infrastructure. We will make reasonable efforts to ensure that messages sent to you are received as intended. However, does not control the policies, practices, availability, or security of wireless carriers or other telecommunications networks. Messages may be delayed, blocked, filtered, altered, or not delivered due to circumstances outside of the control of the Clinic, including, but not limited to, wireless-network limitations, carrier filtering, device settings, connectivity problems, incorrect or deactivated phone numbers, messaging-platform limitations, or technical failures.

Carriers and service providers are not liable for delayed or undelivered messages.

COWC does not guarantee the timing, availability, completeness, or delivery of any particular message sent as a part of the Text Services. You should not rely upon the Text Services as the sole means of receiving urgent, time-sensitive or emergency healthcare information.

YOU HEREBY EXPRESSLY WAIVE ANY LIABILITY OR CLAIM AGAINST THE CLINIC, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND/OR SERVICE PROVIDERS FOR DAMAGES RELATED TO THE TIMING AVAILABILITY, COMPLETENESS, DELIVERY, OR ACCURACY OF ANY MESSAGE SENT OR RECEIVED VIA THE TEXT SERVICES.

  1. Warranty and Disclaimer

The Clinic maintains reasonable administrative, technical, and physical safeguards to protect information associated with the Messaging Services against unauthorized access, use, disclosure, alteration, or destruction, as required by law. However, the Text Services may use SMS, MMS, and/or RCS depending upon your device, wireless carrier, the messaging application, the network, and/or other technical factors. Data transmission over cellular airwaves, including SMS, MMS, and/or RCS messaging, is not a secure method of communication and does not provide the same level of security and protection as messaging through other secure, encrypted communication systems, such as the Clinic’s patient portal. The Clinic does not guarantee that communication through the Text Services will be 100% secure or encrypted end-to-end.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLINIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE TEXT SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR THAT TEXTING WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

NOTHING IN THIS SECTION LIMITS ANY RIGHTS OR PROTECTIONS THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CLINIC AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND/OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLINIC AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND/OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DEVICE CAUSED BY YOUR FAILURE TO MAINTAIN APPROPRIATE SECURITY MEASURES, INCLUDING FAILURE TO PROTECT YOUR CREDENTIALS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Opt-Out and Help

If you need regarding any and/or all of the Text Services or wish to opt-out of any and/or all of the Text Services, you may do so as follows:

Artera automatically recognizes and processes the following exact keywords (not case-sensitive, and must be sent on their own without extra words like "Please stop"): [1]

  • STOP
  • STOPALL
  • UNSUBSCRIBE
  • CANCEL
  • END
  • QUIT

RingCentral automatically processes standard compliance keywords:

  • Opt-Out Keywords:STOP, UNSUBSCRIBE, QUIT, CANCEL, END, REVOKE, OPT OUT (English), and ARRÊT (French).
  • Opt-In Keywords:START, SUBSCRIBE, RESUME, CONTINUE, UNSTOP.
  • Help Keywords:HELP, AIDE

You can opt out of MyChart text messages at any time by replying STOP to the short code or text number that sent you the message. 



  1. Emergency Communications

The Text Services ARE NOT intended to be used for emergencies. If you are experiencing a medical emergency, call 911 or obtain the appropriate emergency services.

If you are in need of immediate medical assistance or desire to communicate information requiring an immediate response, please directly contact the Clinic or a member of your care team.

  1. Patient Responsibilities

In connection with your use of the Text Services, you agree to:

  1. Provide a mobile telephone number that you are authorized to use;
  2. Promptly notify the Clinic if your mobile telephone number changes or is stolen;
  3. Maintain security of your mobile telephone and account(s);
  4. Refrain from impersonating another person to provide false information in connection with the Text Services; and
  5. Use the messaging services for only lawful purposes.

If you provide a mobile telephone number that belongs to another person, you represent that you have authorization to provide that mobile telephone number and receive communications at that mobile telephone number. 

  1. Suspension or Termination of the Text Services

The Clinic reserves the right to suspend or terminate your access to the Text Services, in whole or in part, at any time, including where necessary for legal, regulatory, operational, security, or technical reasons.

The Clinic or its service providers may also discontinue particular messaging programs or changes the types of messages provided.

Termination of one or more Text Services do not necessarily terminate your underlying relationship with the Clinic or your healthcare services.

  1. Eligibility

You must be at least 18 years old to be eligible to partake in the Text Services. No one under age 18 may partake in the Text Services under any circumstances. By signing up to participate in the Text Services, you are representing and warranting to COWC that you are at least 18 years of age.

  1. Governing Law and Jurisdiction

Your use of the Text Services will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles, except to the extent federal law governs the subject matter. Any transaction or occurrence arising out of your receipt of the Text Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding the Text Services shall be brought only in Allegheny County, Pennsylvania.

  1. Changes to These Terms

We reserve the right to update or otherwise modify these Terms from time-to-time, as deemed appropriate by COWC.

If any material changes to these Terms, we may provide notice of such material changes through appropriate means, including, but not limited to, through posting any updated or modified version of these Terms or providing notice through the Text Services or other communications.

The effective date contained herein indicates the effective date of the current iteration of these Terms.

  1. Contact Us

If you have any questions about the Text Services or these Terms, please contact us via telephone at (412) 515-0000.

TEXT SERVICES PRIVACY POLICY

Central Outreach Wellness Center (“COWC,” “Clinic,” “we,” “us,” or “our”) offers its patients the option of receiving certain information by Short Message Service (“SMS”), Multimedia Messaging Service (“MMS”), Rich Communication Services (“RCS”), and/or other texting services (“Text Services”). This Text Messaging Privacy Policy (“Privacy Policy”) describes how COWC collects, uses, discloses, retains, and protects telephone numbers and other information in connection with its Text Services, and governs the terms and conditions of your use of the Text Services.

Please note, this Text Messaging Privacy Policy does not replace, but rather supplements, the Clinic’s Notice of Privacy Practices, which governs the Clinic’s use and disclosure of protected health information (“PHI”) as outlined under the Health Information Portability and Accountability Act of 1996 (“HIPAA”) and other applicable law and regulation, as well as our general Privacy Policy.

The terms and conditions governing your use of the Text Services are governed by the Clinic’s Text Services Terms of Use.

  1. Information We Collect

If you choose to opt-in to receive Text Services from us, we may collect the following information:

  1. Your mobile telephone number
  2. Your legal name, alias, or other identifier;
  3. Information regarding your consent and enrollment in the Text Services;
  4. Records of opt-in and opt-out requests concerning the Text Services;
  5. Records of messages sent to or received from you;
  6. Information contained in or associated with messages sent by you, including, where applicable, PHI;
  7. Records of customer-service or support requests concerning the Text Services; or
  8. Content and metadata associated with the Text Services necessary to provide, administer, secure, document, or troubleshoot the messaging service.

The Text Services may include information regarding or related to your healthcare, appointments, treatment, prescriptions, laboratory testing, billing, and/or other healthcare-related activities.

  1. How We Collect Mobile Telephone Numbers

We may obtain your mobile telephone number directly from you through a number of means, including:

  1. During registration for in-person or telemedicine appointments;
  2. Where submitted through an online patient portal (e.g., MyChart), website, online form, electronic application, or other digital service;
  3. Where provided directly to a staff member;
  4. Where submitted during enrollment for the Text Services; or
  5. As otherwise provided for purposes for which the Clinic may lawfully communicate with you.
  1. How Your Mobile Telephone Number Will Be Used by Us

Where provided, we may use your mobile telephone number for a variety of purposes, including:

  1. Sending messages for which you have provided consent
  2. Communicating with you regarding appointments, scheduling, confirmations, cancellations, and reminders;
  3. Coordinating your healthcare;
  4. Communicating with you regarding certain prescription, laboratory, diagnostic, or treatment-related information;
  5. Providing you with pre-visit, post-visit, or follow-up information;
  6. Providing patient-service and administrative notices;
  7. Communicating billing or payment-related information to you when permitted by applicable law;
  8. Responding to your messages and requests for assistance;
  9. Administering and maintain our Text Services;
  10. Authenticating or verifying your identity when appropriate;
  11. Detecting, preventing, investigating, and responding to security incidents, fraud, abuse, or unauthorized use;
  12. Complying with applicable legal, regulatory, contractual, or professional obligations;
  13. Permitting other uses permitted by HIPAA, applicable state law, or your consent, consistent with the purposes for which the information was collected.
  1. Disclosure of Messaging Information

We may disclose information contained in any messages sent to or received from you as a part of the Text Services as follows:

  1. To service providers, vendors, contractors, and other parties that perform services on our behalf and need the information to provide, maintain, or support the Messaging Services;
  2. To healthcare providers and other persons involved in your care or the provision of services to you, as permitted by applicable law;
  3. As permitted by HIPAA or other applicable law or regulation, including insofar as it relates to treatment, payment, and healthcare operations;
  4. Where necessary to process, route, deliver, or otherwise facilitate text messages;
  5. In order to prevent or address fraud, security issues, unlawful activity, or threats to the safety of individuals or systems;
  6. When required or permitted by applicable law; and
  7. With your authorization or as otherwise permitted by applicable law or regulation.

We at COWC value and make your privacy a priority. As such, your mobile telephone number will not be sold or shared with third-parties or affiliates for any purposes, including, but not limited to, marketing or promotional purposes. We will not use your mobile telephone number for unrelated marketing purposes without your express written consent.

  1. HIPAA Privacy Risks

If you elect to opt-in to the Text Services, we will use reasonable means to protect the privacy of your PHI contained in any messages, consistent with our Notice of Privacy Practices, HIPAA, and other applicable law and regulation. However, communication through third-party telecommunication networks and mobile devices, including through text message, may not provide the same level of confidentiality as communications transmitted through certain secure healthcare messaging portals.

Highly sensitive medical information should be communicated to the Clinic through more secure means of communication.

You should consider the privacy and security of your mobile device and the potential for other persons with access to your device, telephone account, or messaging applications to see messages sent to you.

  1. Security Measures

The Clinic maintains reasonable administrative, technical, and physical safeguards to protect information associated with the Messaging Services against unauthorized access, use, disclosure, alteration, or destruction, as required by law. However, the Text Services may use SMS, MMS, and/or RCS depending upon your device, wireless carrier, the messaging application, the network, and/or other technical factors. Data transmission over cellular airwaves, including SMS, MMS, and/or RCS messaging, is not a secure method of communication and does not provide the same level of security and protection as messaging through other secure, encrypted communication systems, such as the Clinic’s patient portal. The Clinic does not guarantee that communication through the Text Services will be 100% secure or encrypted end-to-end.

  1. Opting Out of the Text Services

You may opt out of the Text Services at any time through the method(s) identified in the Text Services Terms of Use.

Opting out of the Text Services does not necessarily terminate other forms of communication or services provided by the Clinic.

  1. Retention

We may retain information relating to the Text Services for as long as reasonably necessary to provide the Text Services, to assist in providing care to you, to comply with legal and regulatory obligations, maintain appropriate business and healthcare record, resolve disputes, enforce agreements, and protect our legal rights.

Depending upon the specifics of any message sent as a part of the Text Services, certain records may be retained for longer periods of time.

  1. Governing Law and Jurisdiction

Your use of the Text Services will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles, except to the extent federal law governs the subject matter. Any transaction or occurrence arising out of your receipt of the Text Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding the Text Services shall be brought only in Allegheny County, Pennsylvania.

  1. Changes to this Privacy Policy

We reserve the right to update or otherwise modify this Privacy Policy from time-to-time, as deemed appropriate by COWC.

If any material changes to this Privacy Policy, we may provide notice of such material changes through appropriate means, including, but not limited to, through posting any updated or modified version of this Privacy Policy or providing notice through the Text Services or other communications.

The effective date contained herein indicates the effective date of the current iteration of the Privacy Policy.

  1. Contact Us

If you have any questions about this Privacy Policy or the Clinic’s use of your information in connection with the Text Services, please contact us via telephone at (412) 515-0000.

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