Welcome to Sunset Pediatrics Patient Portal!

Patient Portal Privacy Policy

Sunset Pediatrics

9155 SW Barnes Rd Ste 840

Portland OR 97225

ACCEPTANCE OF PRIVACY POLICY

1. This patient portal and its services (“Service”) is provided to you by the healthcare service provider, herein referred to as “Provider”, "we", "us", or "our." The term "you" or "your" refers to the authorized viewers or users of this Service, including but not limited to the patient and their care team.

2. We are committed to maintaining robust privacy protections for the users of our Service. Our Privacy Policy is designed to assist you in making informed decisions when using our Service and help you understand how we collect, use, maintain and protect  the information you provide to us via the Service

3. By using this Service by the Provider, you agree to accept the conditions and practices described in this Privacy Policy and consent to the collection and use of information set forth below.

4. If you do not agree with the terms of this Privacy Policy for any purpose, please do not use the self-service features of the Provider’s Service.

DEFINITIONS

Activity Logs

5. Activity Logs are records of when Protected Health Information (“PHI”) data is generated, accessed, modified, released, deleted, or exported from within the Service.

Aggregate Data

6. Aggregate Data is PHI that is: (1) grouped so it does not identify, relate to, describe, be capable of being associated with, connected, or be linked, implicitly or explicitly, , to you as an individual and (2) has names and other identifiers removed or altered. Strictly speaking, Aggregate Data cannot be used to identify you as an individual.

Authorized User

7. An Authorized User is you or someone you have legally authorized to access the Service or your PHI.

De-identified Data

8. De-identified data is PHI data in which personal identifiers are removed, preventing the ability to  determine a person’s identity.

Dependent

9. A Dependent is a minor or other individual over whom an Authorized User has legal authority.

PHI

10. PHI means Protected Health Information. PHI is stored in an electronic health data application, such as a patient portal or electronic health record software, that can help you compile, administer, and share your health information.

PHI Data

11. When you sign up to our  Service, you provide and/or you authorize all or some of your Providers, and the authorized employees of the Provider’s business, to have access to your PHI. This information makes up the PHI Data. PHI Data includes Personal Information, De-Identified Data and Aggregate Data. PHI Data might include, but is not limited to the following:
1. Your name and contact information, such as your address, phone number, or email address;
2. Your medical history, conditions, treatments, and medications;
3. Your health plan account numbers, healthcare claims, medical bills, and insurance information;
4. Demographic information, such as your age, date of birth, gender, and occupation;
5. Computer information, such as your IP address and "cookie" preferences

6. The Service may use your PHI Data as described below.

Personal Information

12. Personal Information is information or material about you that can be linked to you within reason, such as your name, date of birth, health information, demographic information, and/or other identifiers, as may be defined under U.S. state and federal law. Personal Information may also include but is not limited to your financial details or Social Security Number.

Security Measures

13. Security measures can include computer safeguards, intrusion detectors, application controls, secured files, and supplier and vendor employee security training. In addition, the Service supplier and/or Provider may be required by law to notify you, about particular security and data breaches.

YOUR PERSONAL INFORMATION

14. Provider and Service will not sell, share or rent the information that is collected via the Service to others except as disclosed in this Privacy Policy.

Identifiable Health Information

15. Provider may use any identifiable health information or other data that you voluntarily submit, in order to furnish information, products or services that you wish to request from Provider.

16. Any identifiable health information that you, as a patient, Dependant or legal representative of patient, transmit via the Service will be made accessible to Provider and will become a part of the records maintained by Provider.

17. Service may use your voluntary participation to market special offers and featured services to you, whether from Provider, affiliates, suppliers or vendors, or other third parties, to the extent permitted by applicable law. If you are receiving additional communications and/or special offers, you may revoke your authorization to receive such materials at any time by contacting the Provider.

18. Service also uses your information for communication purposes and to customize your user/browsing experience,and otherwise to respond to your questions and feedback regarding the use of the Service as may be permitted by applicable law.

19. Service may convey your information only with the Provider and the supplier/vendor of the Service to the limited extent permitted by applicable law. We require those suppliers and vendors to comply with all applicable data privacy laws and regulations, including the HIPAA.

20. Service may also use your geographic location to provide you with specific or tailored content to the extent permitted by applicable law.

Non-Identifiable Health Information

21. The non-identifiable, aggregated health information the Service collects may be shared with suppliers and vendors and used in the aggregate to generate summary statistics that assist in the analysis of website usage trends, and help to assess what information is valuable, to determine technical design specifications, to design  a user-friendly service, and to evaluate  system performance or problem areas.

The Use of Aggregate Data

22. Service may aggregate and de-identify health information, in accordance with HIPAA, either alone or along with other data to generate anonymous Aggregate Data regarding the user pattern of the Service. Aggregate and de-identified data, without revealing the identity of particular users, is information that describes the habits, treatment plans, usage patterns, other medical record data and/or demographics of users as a group. This data will not identify you, but will be used to assemble statistics on, for example, user demographics and usage patterns of the Service.

23. Service may use Aggregate Data to understand its users and determine what kinds of programs and services most serve their needs. Aggregate Data may also be provided or sold to third parties, including for the purpose of tailoring content to you by third party vendors, suppliers, business partners and/or affiliates, of acquiring a blueprint of our community and services and/or of participating in surveys

24. Provider might report business and customer activities to others, such as investors, auditors and  potential business partners. Other than with your express consent, or as permitted or required by law, reports will not include any Personal Information.

Other Use and Ownership

25. Service and Provider also reserve the right to share your information collected from the Service, to the extent permitted by applicable law including but not limited to the requirements under HIPAA, and, in the case of identifiable health information, pursuant to the Business Associate Agreement that the supplier/vendor has with Provider.

26. We retain full rights to any information acquired via the Service and may freely collect, use and disclose such information, unless prohibited by this Privacy Policy or applicable law as stated above.

SECURITY

27. The Service and Provider will take all steps reasonably necessary to maintain industry standard security levels, and to be in compliance with all applicable state and federal guidelines. Internal audits for security and compliance are conducted routinely and are part of the Service’s development practice. Nonetheless, no Service can guarantee network security or that loss, misuse or alteration to data hosted by or on, or accessed by or through, a website will not occur. While the Service tries to protect and maintain the integrity of your Personal Information against intentional and unintentional corruption, any data you voluntarily disclose to the Service is submitted at your own risk. You agree to hold harmless Provider, if security protocols fail.

Industry Standard

28. Service uses industry standards, such as Secure Socket Layers ("SSL") or Transport Layer Security (“TSL”) technology, geo-blocking, two-factor authentication and login security protocols to safeguard against the aforementioned incidences and/or other security breaches. To ensure confidentiality, the information passed between your browser and our system is encrypted with SSL or TSL technology (which covers any messages exchanged using our secure messaging services, as well as your personal information and PHI) to create a protected connection between you and the Service.

29. Service permits limited access to personally identifiable information about you to  supplier and vendor employees and third party agents who we reasonably believe need to have access to your information to cater to your needs requested via the Service. In the event that a breach in our security systems occurs by way of unauthorized access or improper disclosure, Provider will notify you of such a breach as may be required by applicable law.

Access

30. Service will maintain your information and you can upload, store and access your personal healthcare records and information, including copies of documents, records, images, and information provided by you, by logging into your Service account. Your account information and profile are password-protected.

31. You should first consult Provider if you wish to make any amendments to the information stored in your account.

MINOR POLICY

32. We do not have the capacity to monitor or distinguish the age of individuals who access our Service, and so Provider carries out the same Privacy Policy for individuals of all ages. If a minor has supplied Provider with personally identifying information without the express consent of his or her legal representative, the representative should contact Provider to restrict access and remove the information.

33. By using our Service, you certify that you are an Authorized User of sufficient legal age with binding legal and financial obligations for any liability you may incur while using the Service.

Important Notice Regarding Children under 13 Years of Age

34. Any information provided via the Service with respect to a minor under the age of 13 must be formally submitted by the minor's legal representative. To the extent permitted by applicable law, minors may access their identifiable health information through their Provider.

THIRD PARTY SERVICES

35. While you use the Service, you may be exposed to services or products offered by other companies that are not part of Service ("Third Party Services"). When taking part in Third Party Services, you are responsible for reviewing any terms and conditions governing such Third Party Services. You understand and agree that the company providing the Third Party Services is solely responsible for the Third Party Services.

36. While the Service may contain links to websites operated by other companies ("Third-Party Sites"), it does not control Third-Party Sites and will not be held accountable  for the content of, or any links in, any Third-Party Site. Service does not monitor, review, approve, or make any representations with respect to Third-Party Sites.

37. You acknowledge and understand that Third-Party Sites may contain terms and privacy policies that are different from Provider and all access to Third-Party Sites is at your own risk. Provider and Service are not responsible for or bound by such provisions, and expressly disclaim any liability for them.

MODIFICATIONS TO THE PRIVACY POLICY

38. Provider reserves the right to make amends to the Service and this Privacy Policy at any time. Any changes to Provider’s policies will be expressly communicated to you in advance of its effective date and any information collected before changes are made, will be protected and stored according to the aforementioned provisions.

39. If any part of these conditions shall be deemed invalid, void, or for any reason unenforceable, the provision in question will be deemed severable to the extent of such prohibition or unenforceability without invalidating the remaining conditions hereof. All other provisions set forth in this Privacy Policy shall continue to remain in effect.

By clicking “Agree” below, you confirm that you have read and understood the Privacy Policy and hereby accept all the terms and conditions contained herein.

Agreement template made available by Bridge Patient Portal LLC. Copyright © Bridge Patient Portal LLC. All rights reserved.

Sunset Patient Portal Terms of Use

Sunset Pediatrics

9155 SW Barnes Rd Ste 840

Portland OR 97225

TERMS OF USE AGREEMENT

1. The patient portal and its services (“Service”) is provided to you by the healthcare service provider, herein referred to as “Provider”, "we", "us", or "our." The term "you" or "your" refers to the authorized viewer or users of this Service, including but not limited to the patient and their care team.

2. The Service offers an overview of your Electronic Health Record (EHR), which is maintained and stored by your Provider. The Service further allows you to securely communicate your personal information, among being able to perform other self-service features. The Service is governed by these Terms of Use (“Terms”); as well as our Privacy Policy, and Communications and Telehealth consent agreements if applicable, all of which are incorporated by this reference into these Terms.

3. By signing up for and accessing the portal you “Agree” you understand and agree to the terms and conditions set forth herein.

4. The Service is a private internet application provided and maintained by and proprietary to the Provider, on behalf of itself and its subsidiaries. Unless the Provider has specifically authorized you to access the Service, it is a violation of U.S. state and federal law to access the private computer network of another user, or another implementation of the Service to which you are not authorized to access. Use of another’s username and password is not permitted and does not amount to authorization to use this Service.

5. There may be times when the Service is unavailable due to technical problems maintenance (schedule and unscheduled) and/or support activities. We shall make reasonable and appropriate efforts to limit such activities to off-peak hours. The Provider will not be held responsible for service outages.

UPDATES TO SERVICE

6. Any changes to our Service will apply both to information you submitted to us before the time of the revision, and any personal information transmitted after the revision takes effect.

7. The Service may make revisions, changes, updates and/or improvements in products and/or Services provided and described in these Terms or add and remove features at any time without prior notice.

DESCRIPTION OF SERVICE

8. The Service is an online platform designed to allow you to communicate and share information with your Provider. You can exchange secure messages with your Provider, request an appointment, receive telehealth treatment, view your Personal Health Record, check on your lab results, request a prescription refill, fill out Service and Provider satisfaction surveys, complete registration and health information forms, and access educational resources. In addition to your personal information, maintained in the electronic Personal Health Record by Provider, the Service may also offer certain additional news and features, or third party content

9. Do not attempt to access emergency care or urgent care through this Service. You understand that in an emergency, you should dial 911 or immediately go to the nearest hospital.

USING THE SERVICE

Application Programming Interface (API)

10. As per the ONC Health IT Certification Program Final Rule (ONC Cures Act Final Rule), implemented on April 1, 2021, Providers in collaboration with their Electronic Health Record (EHR) and/or Patient Portal vendor, are required to provide patients with access to an API, enabling patients to access their health information via a smartphone, or other device. For convenience, the Provider has also provided access to a patient portal to access the same information available in the API, which includes “all data elements of a patient’s electronic health record to the extent permissible under applicable privacy laws.”

Accessing the Service

11. Your Service account information and profile are password-protected. You may not permit any other person to access the Service using your username and password. The security of your password and the use of your account is your responsibility. If you learn or suspect that your username or password has been wrongfully used or disclosed, you should immediately notify Provider of the breach and reset your password.

Caregiver / Proxy Use of the Service

12. You may authorize a proxy(ies), including a minor or otherwise legally dependent patient, to use portions of the Service, based on privileges you’ve explicitly assigned. If the proxy is a minor, you understand that you are consenting to these Terms on the minor’s behalf, and are solely responsible for the minor’s compliance with these Terms and the possible consequence thereof. You further agree to supervise the online conduct of the minor while using the Service.

13. You acknowledge that if you grant another individual access to the information stored within the Service, they are able to view and interact with potentially confidential and/or sensitive information. Privileges you grant to someone can be amended, updated or removed by you at any time and, at your sole discretion.

Use with Your Mobile Device

14. Use of these Services on a mobile device requires a compatible operating system, internet access and a web browser. You agree that you are solely responsible for the fulfillment of these requirements, including any applicable changes, updates and fees, and the terms of your agreement with your telecommunications provider.

Text Messaging

15. The Service may include text message (ie. SMS) communications. Such text message communications may be sent to your mobile device for purposes including, but not limited to the following categories: healthcare or telehealth related communications; advertising, marketing or promotional communications; prescription or appointment reminders, and account or payment management functions. Any fees associated with receiving an SMS text message will not be the responsibility of the Provider. You can turn off receiving SMS messages in the patient portal profile management section, or contact your Provider.

SECURE MESSAGING GUIDELINES

16. The content of any message exchanged between you and your Provider may be stored and maintained in your Personal Health Record. You agree that all interactions through the Service will only be about you and your own health. Asking for advice or information about another person, who you are not authorized as a caregiver and clearly specifying such, is a violation of the Terms, and could potentially be harmful to you and others.

17. The secure messaging feature may only be used to ask a non-emergency question, information about a bill or payment, request a refill of an existing prescription or to request a non-emergency appointment, or change to an existing appointment.

18. Patients who use the Service will be notified via e-mail, SMS, IVR and/or mobile push notification when there is new or updated medical information to be viewed on the Service. This means that any person, including a minor, spouse or employer, with access to your email account or mobile phone may see this notification. While the email or SMS will not include detailed information about your prescriptions or treatment, the notification that new medical information is available on the Service may still be sensitive information that you would not want to share with others.

19. Your secure messages may be viewed and read by your Provider, other authorized health care providers, administrators and others who work with your Provider and your Provider’s practice.

20. We are only able to provide responses to your messages based on the information you supply. If you do not submit sufficient, complete or accurate information, your Provider may not be able to communicate effectively with you via the Service and may request that you schedule an appointment.

21. Communications and secure messages sent via the Service may be included in your Personal Health Record.

NO UNLAWFUL AND PROHIBITED USE

22. You may only use the Service for lawful purposes. In your access and use of the Service, you agree that you will not:
1. Infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of ours or any third party;
2. Abuse, defame, harass, or stalk any individual or other user of the Service;
3. Interfere or attempt to interfere with, or damage or attempt to damage, the Service or the proper working of the Service;
4. Use any technical or manual process to access, copy and/or export any information maintained and stored within the Service;
5. Misrepresent your identity, provide false information, impersonate another person or entity, misrepresent your affiliation with a person or entity or attempt to use another user’s account;
6. Attempt to obtain unauthorized access to the Service;
7. Engage, directly or indirectly, in transmission of any type of unsolicited solicitation;
8. Engage in any activity that interferes with any third party’s ability to use or enjoy the Service;
9. Probe, scan or test the vulnerability of the Service, or breach the security or authentication measures on the Service; or
10. Assist any third party in engaging in any activity prohibited by these Terms.

UN-ENROLLING

23.  If you want to discontinue your use of the Service, you agree to contact the Provider to request the account be removed.

24. You understand that once your account has been terminated, you will no longer be able to use or access the Service.

25. You understand that any information stored in the Service at the time your account is closed will be archived in our database, as per HIPAA regulations.

PAYMENT POLICY

26. You agree to pay Provider for the performance of the Services in accordance with the rates and fees specified by the Provider.

27. Provider reserves the right to deny non-emergency services if your account is delinquent.

NOT MEDICAL ADVICE

28. You acknowledge and agree that the Service does not offer medical advice, including any patient education found in the Service.

YOUR INFORMATION

29. Your interactions with the Service  (such as secure messaging, scheduling and completing questionnaires) are interactions with your Provider. The information exchanged during these interactions is not a complete and comprehensive overview of all the data in your Provider’s EHR.

30. You have an obligation not to transmit any information, video or image through the Service that violates the privacy and publicity rights of others. No material submitted or shared through the Service can be of bullying, harassing or discriminatory nature.

THE USE OF INFORMATION

Unique Username and Password

31. You will create your own account with the Service by choosing a unique username and password. You agree not to share your account information for the Service with anyone else, unless explicitly stated otherwise.

Access requirements

32. Once you are granted access through your unique username and password you are authorized by Provider to use the Service in accordance with these Terms and in compliance with all applicable laws, rules and regulations.

Responsibility for username and password

33. You are solely responsible for any activities related to your username and password. You will immediately report:
1. Any inappropriate or unauthorized access to your account;
2. Any loss or disclosure of your username or password;
3. Any actual and/or suspected unauthorized, or otherwise improper access to or disclosure of personal health information.

Right to revoke user name and password

34. Provider reserves the right to discontinue your access to the Service at any time in its sole discretion. You will be notified if Provider revokes your access to the Service.

Logout

35. You shall always log out of the Service once the session is completed and before leaving your computer.

Wireless

36. If you use the Service with a wireless device, you are solely responsible for the security, and the privacy policies therein, during the session.

COPYRIGHT AND TRADEMARK NOTICES

Copyrights

37. All content of the Service is Copyright Sunset Pediatrics LLC unless otherwise noted. All rights reserved.

38. All content stored by the Service is the property of Provider and/or its licensors and is protected by applicable law, unless explicitly stated otherwise. The use of the material provided by the Service is not permitted, except in connection with your authorized usage of the Service, in accordance with the Terms stated herein.

Trademarks and Service Marks

39. The names, words, symbols, logos and graphics representing the Service and Provider are the trademarks or registered trademarks of the Service and Provider and are protected by domestic and international trademark laws.

40. All trademarks and distinctive brand features remain the exclusive property of Provider and users of this Service are not authorized to exploit the Providers marks, including but not limited to, as metatags or in any other fashion which may give an inaccurate impression of affiliation or sponsorship with or by Provider.

MODIFICATIONS AND TERMINATION

Termination

41. The Service at its own discretion may at any time place limits on, amend, suspend or discontinue the Service, or portions thereof, without giving advance notice. Moreover, notwithstanding the rights you may have to your Personal Information and/or PHI/PHR Data shared during the Service if any, the Service and/or Provider may terminate your account and delete all data associated with your account, if Provider deems that you have violated the Terms set forth in this agreement.

Modification of Terms

42. Provider will notify registered users of any amendments made to these Terms, and/or prompt users to review and accept the new Terms at next login. We encourage you to periodically review these Terms to see if there have been any changes to our policies that may affect you. If you do not agree to revised Terms, you must cease using the Service.

43. Your continued use of the Service constitutes your acceptance of the modified Terms.

Indemnification

44. You agree to indemnity, defend, and hold the Provider, the Service and its suppliers harmless from and against all claims, damages, and expenses arising out of or related to your use of Service in violation of this Agreement.

WARRANTY DISCLAIMER

45. YOU ACKNOWLEDGE AND AGREE THAT SERVICE, AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY KNOWN AS THE "SUPPLIERS"), TOGETHER WITH PROVIDER HAVE REPRESENTED THE SERVICE AS HAVING THE CAPACITY TO BE USED TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE.

46. THE SERVICE PROVIDED BY THE SUPPLIERS AND PROVIDER MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF SERVICE.

47. SERVICE, SUPPLIERS AND PROVIDER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEITHER SERVICE, SUPPLIERS OR PROVIDER WILL BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE SERVICE. YOU ASSUME ALL RISK FOR SELECTION AND USE OF SERVICE.

LIMITATION OF LIABILITY

48. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SERVICE, SUPPLIERS AND PROVIDER SHALL NOT BE LIABLE TO AUTHORIZED USERS OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF USE, ATTORNEYS’ FEES, LOST REVENUES OR LOST PROFITS), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

49. NEITHER SERVICE SUPPLIERS NOR PROVIDER WILL BE LIABLE FOR ANY DAMAGES EXCEEDING THE GREATER OF THE FEES PAID BY YOU FOR YOUR SERVICE CONNECTION.

50. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE.

51. IF YOU ARE NOT SATISFIED WITH ANY PORTION OF SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE USING SERVICE.

GENERAL

52. You understand that the performance of these Terms is governed by U.S. state and federal laws. All disputes, which arise out of or are connected to, the use of the Service, are bound by the exclusive jurisdiction of the principal location of Provider.

53. Provider may at any time assign its rights and duties at its own discretion without notifying you.

54. Nothing stipulated in these Terms is a derogation of the legal obligation of the Provider and Service to comply with the requests therein, or any other requirements pertaining to the use of Service and the information transmitted during such use.

55. If any part of these Terms shall be deemed invalid, void, or for any reason unenforceable, the provision in question will be deemed severable to the extent of such prohibition or unenforceability without invalidating the remaining conditions hereof. The unenforceable term(s) shall not affect the validity of any remaining term hereof.

56. Unless explicitly stated otherwise, these Terms constitute the entire agreement between you and your Provider and these Terms supersede and extinguish any preceding arrangements and understandings, as well as contemporaneous communications, whether written or oral, relating to the use of the Service.

By registering for and using this portal, you confirm that you have read and understood the Terms of Use and hereby accept all the terms and conditions contained herein.

Agreement template made available by Bridge Patient Portal LLC. Copyright © Bridge Patient Portal LLC. All rights reserved.