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The Patient Recruiting Agency™ Privacy Policy |
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July 1, 2005 Privacy Policy This website is powered by The Patient Recruiting Agency™. This Privacy Policy and Terms of Use describes how The Patient Recruiting Agency™ keeps any personal information that you submit safe and confidential. As a user of this website, you have certain responsibilities. You also have the right to know how we protect your privacy and what you should expect from us. Your Role, Responsibilities, and Risks
Your Rights
What You Can Expect From Us
Summary The Patient Recruiting Agency™ is committed to protecting our users' privacy. We offer timely, trustworthy, and personalized information that may assist our users in making better medical treatment decisions. We have taken great care to create a secure and safe online environment and are dedicated to privacy and confidentiality. This company was founded by physicians who understand the importance of privacy in healthcare, particularly with respect to Internet resources. The Patient Recruiting Agency™ will not knowingly use or disclose information about our users without notifying them and obtaining their consent. We may make small changes to this policy statement on occasion, but we will not add any new uses and disclosures without adequate advance notice. Openness The Patient Recruiting Agency™ is committed to protecting the privacy of our users and visitors to our websites. This privacy policy statement is part of that commitment. We display a version number and date on the policy so that it will be easier for users to know when there has been a change. This statement may be amended from time to time as we add new features and services, as laws change, and as the Internet evolves. If we make any changes to our policy on use and disclosure of personally identifiable information, we will notify users via email 30 days prior to the implementation of any changes and will provide a notice on the site alerting users to the new version of the privacy policy. Small changes and changes that do not significantly affect individual privacy interests may be made at any time. Data Collection The Patient Recruiting Agency™ collects personally identifiable information and personal health information about users via direct user input. The Patient Recruiting Agency™ also uses Web logs and temporary, 24-hour cookies. Personally identifiable information or personal health information is collected by: 1. User Input Registration is not required for use of this website. Anyone can visit the website, read our content, and fill out the clinical trials questionnaire to determine their eligibility for the relevant clinical trial(s). In the process of filling out this questionnaire, users are asked to provide non-identifiable information about their medical condition (such as disease stage, medications taken), age and ZIP code. At the request of a user, we use this information to match against the clinical trial criteria. User questionnaire answers are added to an aggregate collection of questionnaire data. Users who wish to register for a particular clinical trial and to be referred to a study site are asked to supply us with the patient's name, telephone number and email address. This information is forwarded to the clinical site so that they may contact the patient directly about participation in the study (see Use and Disclosure). We may also ask you to identify who the clinical trial information is for: "for myself," "for a friend or relative," or "for a patient of mine." If you choose either the "friend or relative" or "patient of mine" option you will be asked to confirm that the patient has consented to share their personal information with The Patient Recruiting Agency™. All information provided by users is stored in the The Patient Recruiting Agency™ database for a maximum of five years. Please see sections below about the ways in which The Patient Recruiting Agency™ works to keep your data secure and confidential. Privileged Communication The Patient Recruiting Agency™ wants you to know that if you disclose a privileged communication to us through our website, it is possible that the information will lose its privileged status. If you are engaged in litigation that involves your medical status, you may want to consult with your lawyer first. The Patient Recruiting Agency™ cannot advise users whether information may be privileged. Users with such concerns should contact an attorney for advice about legal privileges relating to medical information and its disclosure. 2. Web Logs The Patient Recruiting Agency™ uses standard Web logs that record basic data about people who visit our websites. The following information is contained in these logs:
We do not normally seek to identify individuals from Web logs. However, Web logs may be used to identify an individual who we suspect tried to damage our website or use it in an unauthorized way. If we have reason to believe that there has been a violation of computer security or related laws, we may share our Web logs with law enforcement agencies. We use Web logs as a way of conducting our own basic market research and to study how our site is being used. We will periodically analyze the Web logs and use what we learn to make improvements or refinements to our website. In addition, we may share our Web logs (which do not contain any individually identifiable information) with our partners to assist them in better designing their websites or clinical trials. 3. Cookies Cookies are packets of information that a website transfers to a user's computer for record-keeping purposes. They are a means of keeping track of a user's preferences during a visit to a website. For example, The Patient Recruiting Agency™ users who search for clinical trials expect the application to "remember" their criteria from search to search so that this information does not have to be entered freshly for each search. In order to provide persistence of such search criteria, The Patient Recruiting Agency™ stores a unique identifier in a temporary cookie. Then, when a new search is started, the identifier can be extracted from the cookie and used to request detailed search information for that user from our database. These identifiers are stored in a "temporary" cookie that only exists during the browser's session with the website. Thus all personally identifiable information or personal health information that a user enters on our website is stored in the secure The Patient Recruiting Agency™ database as outlined above, and not in a permanent cookie. The Patient Recruiting Agency™ also stores certain non-user-identifying data in "permanent" cookies. These values expire 24 hours after the last use of the The Patient Recruiting Agency™ website. They keep track of the user's current preferences regarding editorial content, as well as branding details for components of the website that are incorporated into the websites of The Patient Recruiting Agency™ partners. In addition, visitors clicking through to this website from either Google or Yahoo! Search engine sponsored Ads will have a cookie placed on their computer for 30 days. This allows Google and Yahoo!, along with The Patient Recruiting Agency™, to measure the effectiveness of their search engine advertising. No cookies are used to track an identifiable individual's movement through the website or on the Internet. They are only used to enhance the usability of the site. Cookies are required for trial searching on The Patient Recruiting Agency™ websites. All health information may be read with cookies turned off. If you do not want the information described above to be collected via cookies, you can turn off cookies in your browser. Data about users of The Patient Recruiting Agency™ websites will never be used or disclosed for any purpose not described in this Privacy Policy. If these uses change at any time from what is described in this privacy policy, The Patient Recruiting Agency™ will notify users via email and obtain their consent, if required. The Patient Recruiting Agency™ will only use and disclose data obtained from users in the following ways: Sharing Information with Clinical Trial Coordinators At the request of the user, The Patient Recruiting Agency™ forwards the patient's name, date of birth, telephone number and the answers to the clinical trials questionnaire to the study coordinator at the medical center running the clinical trial of interest. Our website and service are free to users. We are compensated when we successfully refer willing patients to clinical trials that are appropriate for them. We never give personally identifiable information to a site conducting a clinical trial without the express consent of the individual. Sharing Information with Third Parties It is possible that we could be forced to disclose personally identifiable user information and personal health information in response to a search warrant, subpoena, or court order. This is a possibility that could confront any record keeper. Disclosures may also be appropriate to protect our legal rights, to protect the security or integrity of our website, to take precautions against liability, or during emergencies if physical safety is believed to be at risk. These types of disclosures are unlikely, but they are possible and so we describe them here. Aggregate Data Use The Patient Recruiting Agency™ may use aggregate data, derived from our Web logs and the clinical trials questionnaire to study how our site is being used. We will periodically analyze this aggregate data and use what we learn to make improvements or refinements to our website. In addition, we may share this aggregate data (which does not contain any uniquely identifying information) with our partners to assist them in better designing their websites or clinical trials. Changes to Use and Disclosure Practices If we make any changes to the use and disclosure of personally identifiable information or personal health information, we will notify users via email 30 days prior to the implementation of any changes. Users will be asked to opt-in to any such changes by responding to the email notification. No data will be used or disclosed in any way from that originally agreed to in the initial opt-in until The Patient Recruiting Agency™ receives a response from the user. In addition, a new version of the privacy policy will be posted on the site, along with a notice alerting users to the new version. Access, Correction, Deletion, and Removal of Information Users may also correct or delete their personal information by emailing The Patient Recruiting Agency™ at info@tprausa.com, or by calling our Patient Support Center at 1-877-5-TRIALS (1-877-587-4257). We will respond to users who call or email us within ten business days. Non-identifiable information in our aggregate database will not be deleted. Like all responsible websites, The Patient Recruiting Agency™ maintains backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lessen the risk of loss of valuable data. Removing a record from our principal files does not remove that record from any of the backup systems. It may take up to six months before all information in a backup record is completely erased through the normal recycling of backup files. In the meantime, as long as backup records exist, they receive the same privacy and security protections as our other records. Storing our data in a secure manner is essential to our business and for your protection as a user. Maintaining a secure system is in the best interests of our users and our partners. The Patient Recruiting Agency™ stores personally identifiable data using industry standard physical, technical, and administrative safeguards to secure data against foreseeable risks such as unauthorized use, access, disclosure, destruction, and modification. The Patient Recruiting Agency™ provides users with default encryption during the transmission of their personally identifiable information regardless of the user's browser type. Our servers are physically located in a sophisticated co-location facility. This facility provides emergency back-up electrical power generators, fire suppression systems, and guard protection 24 hours a day, seven days a week. Children's Privacy The Patient Recruiting Agency™ is committed to protecting the privacy of children. We recognize and strive to comply with the Children's Online Privacy Protection Act. This site is not intended for or designed to attract minors. Users under the age of 18 should not submit information to our site, and we do not collect information from any user we have reason to believe is a child under the age of 18. The Patient Recruiting Agency™ requires users that are interested in pediatric trials to enter their date of birth. If the date of birth is equal to age 17 or under, the site will ask the user to verify that he or she is the parent, legal guardian or health care provider of the child for which information is being entered. If the user does verify, the user is allowed to continue and submit the information. Accountability The Patient Recruiting Agency™ is committed to protecting the privacy of our users. We have posted this Privacy Policy to communicate the specifics of this commitment. In addition, The Patient Recruiting Agency™ will address any complaints or questions that our users may have regarding this policy or its implementation. If you have a complaint or question about our Privacy Policy please send e-mail to privacy@tprausa.com. Alternatively, you can send a letter to the following address: Privacy Officer The Patient Recruiting Agency™ will respond to your comments or concerns within 10 business days from the time your inquiry is received. The Patient Recruiting Agency™ complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.
These Terms of Use do not limit any of your rights as a participant in a clinical study. You do not waive any of those rights when you use this website or if you were to participate in a clinical trial. By using the The Patient Recruiting Agency™ ("The Patient Recruiting Agency™") website, you are indicating that you are at least eighteen years old and have the legal authority to accept the terms and conditions of this Terms of Use statement ("Terms of Use") and you have agreed to be bound by them. The terms and conditions contained in the Terms of Use apply to the contents of this website and all services of The Patient Recruiting Agency™ made available through this website. The Patient Recruiting Agency™ may change the terms of the Terms of Use at any time, but all modifications will appear on this web page. As the Terms of Use are subject to change, it is your responsibility to check the Terms of Use for any changes each time you visit the website. If you do not agree to the Terms of Use or if you are under eighteen years old, please do not use the website. Emergency Medical Conditions DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER. Copyright, Trademarks, and Limitations All content and intellectual property available through this website and appearing on this website is the property of The Patient Recruiting Agency™ or its licensors and is protected by copyright and other intellectual property laws. This website is protected by copyright as a collective work or compilation under United States copyright law. Any content downloaded from this website may be used for your personal, noncommercial use only, provided that you keep intact all copyright and proprietary notices of The Patient Recruiting Agency™ and its licensors. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content received from this website over any network. You may not post any content from this website to newsgroups, mail lists or electronic bulletin boards without the prior written consent of The Patient Recruiting Agency™ and/or its licensors. The Patient Recruiting Agency™ is a registered trademark of The Patient Recruiting Agency™ in the United States. The Patient Recruiting Agency™ trademarks may not be used in connection with any product or service that is not The Patient Recruiting Agency™, in any manner likely to cause confusion among customers or in any way that disparages or discredits The Patient Recruiting Agency™. Other trademarks that appear on this website are the property of their respective owners. Disclaimer The information maintained on this website is provided for informational and educational purposes and is not intended to constitute or substitute for the medical diagnosis, treatment and advice rendered by a qualified practitioner. It is suggested that users consult other sources and consult directly with a physician when seeking medical advice. THIS WEBSITE IS PROVIDED BY The Patient Recruiting Agency™ ON AN "AS IS" BASIS. The Patient Recruiting Agency™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION , CONTENT, MATERIALS OR PRODUCTS, INCLUDING ANY MEDICAL INFORMATION, CONTAINED ON THIS WEBSITE OR IN ANY EMAIL UPDATES TRANSMITTED BY The Patient Recruiting Agency™. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, The Patient Recruiting Agency™ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. The Patient Recruiting Agency™ MAKES NO WARRANTY AS TO THE ACCURACY, TIMELINESS, ADEQUACY AND COMPLETENESS OF THE INFORMATION PRESENTED ON THE WEBSITE OR IN ITS EMAIL UPDATES, WHICH CONTAIN INFORMATION FROM The Patient Recruiting Agency™, ITS AFFILIATES, LICENSORS AND OTHER SOURCES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SUCH EXCLUSIONS THEREFORE MAY NOT APPLY TO YOU. NO ORAL OR WRITTEN INFORMATION, INCLUDING ANY MEDICAL INFORMATION PUBLISHED ON THIS WEBSITE OR IN AN EMAIL UPDATE TRANSMITTED BY The Patient Recruiting Agency™, OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH INFORMATION. The Patient Recruiting Agency™ MAKES NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. The Patient Recruiting Agency™ MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. The Patient Recruiting Agency™ WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE INAVAILABLITY OR MALFUNCTION OF THIS WEBSITE. DOWNLOADING OR OTHERWISE OBTAINING ANY MATERIAL AND/OR DATA FROM THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND The Patient Recruiting Agency™ WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Limitation of Liability Under no circumstances shall The Patient Recruiting Agency™ be liable for any damages of any kind arising from the use of this website or reliance on any information contained herein, including without limitation, direct, incidental, punitive, indirect, social, exemplary or special or consequential damages, regardless of whether The Patient Recruiting Agency™ has been advised of the possibility of such damages. The sole and maximum liability of The Patient Recruiting Agency™ and its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with this website or the contents of the website or the contents of any e-mail update, shall not exceed the price paid, if any, to access the website. These Terms of Use do not limit any of your rights as a participant in a clinical study. You do not waive any of those rights when you use this website or if you were to participate in a clinical trial. Third Party SitesMention of and links to third-party companies and products are for informational purposes only and are not intended to suggest any affiliation unless expressly stated. You may be able to access other internet sites not created by The Patient Recruiting Agency™ or its affiliates through this website. The reliability, availability, legality and performance of those websites is beyond The Patient Recruiting Agency™ control, and The Patient Recruiting Agency™ makes no representations or warranties with respect to such websites. Governing Law and Jurisdiction This website is intended for use by U.S. and Canadian residents only. Your use of this website, and any related legal action, shall be governed by the laws of The Commonwealth of Massachusetts, without regard to conflict of laws principles. The sole jurisdiction and venue for any litigation arising out of your use of or inquiries to the The Patient Recruiting Agency™ website shall be an appropriate federal or state court located in The Commonwealth of Massachusetts. Indemnification You agree to indemnify and hold harmless each of The Patient Recruiting Agency™, its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this website, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity. Entire Agreement These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of The Patient Recruiting Agency™, be deleted or modified to correct the defect, and the remainder of the terms of these Terms of Use will remain valid and enforceable. |
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