myOrtho App, LLC ("MOA") owns and operates this website and application related to software for dental practice management and other related online products and services. The MOA products and services include “myOrthoApp” website, interface, and application, which allows dental patients to book appointments for a dental provider or practice from that provider's or practice's webpage, application page, or other online listing, and any other current or future websites, mobile access or mobile applications, or other applications. These websites, interfaces, and applications are collectively referred to herein as the "Services."
The purpose of the Services is to provide a secure network that will assist patients in managing their appointments and other dental care related items online and/or from their mobile devices in order to assist them in obtaining improved quality, safety, and efficiency of dental care.
The Services are intended to be used by individuals whose dental practices are provided services from MOA and all other individuals who wish to use the Services' functionality in connection with their dental care and wellbeing. To begin use of the Services, You may be asked to provide information about Yourself (or the person on whose behalf You are accessing, using or downloading the Services, including all related websites and applications). If You are under 18 years old, please discuss whether You should use and download the Services with Your dentist and/or Your parent(s) or guardian(s). To access or use the Services, You may be required to provide MOA with information relating to Your identity and certain other information, including Your email address. By submitting such information to MOA, You hereby certify that any and all information provided to MOA by You is true and correct and You authorize MOA to use any method it chooses to verify the truth and accuracy of the information that You provide to the extent MOA needs to do so to protect its rights or other users of the Services. Failure to provide truthful and accurate information to MOA may result in termination of Your access to the Services.
Use of the Services and/or any information or Content that is included on or transmitted through the Services is not intended to and will not create any healthcare provider/patient relationship of any kind involving MOA. Communications between patients and healthcare providers may not occur, and cannot be guaranteed to occur, in real-time.
Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a dental care professional in diagnosing and treating patients. Neither the Content nor any other service offered by or through the Services is intended to be substituted for medical diagnosis or treatment. MOA is not responsible for the accuracy of any information or content provided or sent by You or other users of the Services, including Your dentist, other healthcare providers, insurance providers, or their representatives. You are responsible for verifying the accuracy of any information You send or receive through the Services, including any of Your patient health information, data, or records.
In connection with using the Services to locate and schedule appointments with dental professionals, you understand that You are responsible for choosing to begin a relationship with any dental provider. Providers listed on the Services may have a contractual relationship with MOA.
When You use the Services to upload, transmit, or receive PHI, You agree that, to the extent applicable, You shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that You will, at all times, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that MOA, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.
To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, You hereby grant to MOA a license to use the data and information that is compiled or passes through the Services that specifically relates to You, Your patient care, Your dental provider's procedures, diagnoses, insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the "Client Data"), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that MOA shall comply with the Privacy Laws in connection with any such actions.
MOA may disclose any information it has about You, including Your identity, if it determines that such disclosure is necessary as part of any investigation or complaint regarding Your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with MOA's rights or property, or another person's rights or property. MOA reserves the right to disclose any information MOA deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
MOA may, in its sole and absolute discretion and without any liability, change, discontinue, make improvements to, modify, or suspend, any aspect or all of the Services, temporarily or permanently, at any time for any reason without prior notice. MOA is under no obligation to retain a record of your Account or any data or information that you may have used, disclosed, processed, retrieved, transmitted, or viewed on MOA’s website or application.
By using the Services, You expressly waive Your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.
Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be solely on behalf of an individual person, and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by both You and MOA.
MOA may assign its rights, in whole or in part, in the Services in accordance with its sole discretion.
You acknowledge and agree that it is the intent of both you and MOA to limit the period of time in which a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to MOA must commence within (1) ONE YEAR AFTER the cause of ACTION accrues, otherwise such cause of ACTION is permanently barred.
MOA uses information collected from the users of the Services to personalize and improve Your visit and experience and for other purposes set out below. Through Your interactions with the website and application, MOA collects “Personal Information,” which is information that identifies an individual or related to an identified individual. Personal Information includes any information You have provided in connection with Your use of the Services or any information that You have provided in connection with Your use of the Services of Your dental provider. Personal Information is collected when You establish an account with MOA, or when You or Your dental provider communicates with MOA about Your dental care or Your use of the website or application.
Upon Your request or with Your consent, Your dental provider may share information about You, including Your Personal Information, with MOA. MOA shall only use such information as a “business associate” or a “covered entity” in accordance with the instructions or restrictions provided to MOA by Your dental provider.
MOA uses the Personal Information collected in an effort to improve Your experience with the website or application, to provide services to You and to communicate with You about information that You request. MOA may also use Personal Information to help target specific offers to You and to help MOA develop and improve its services. Additionally, MOA may use Your Personal Information to: (1) respond to user service requests; (2) administer user accounts; (3) provide service to our clients, which may include dental providers; (4) respond to Your questions or concerns; (5) to communicate with users about our products, services, and related issues; and (6) to conduct research and analysis.
MOA has reasonable and appropriate safeguards in place to help protect the Personal Information that MOA collects from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Although MOA attempts to protect the Personal Information in our possession, no security system is perfect, and MOA cannot promise that Your Personal Information will remain absolutely secure in all circumstances.
MOA limits the use of Personal Information to ways that are compatible and relevant to the purposes for which the Personal Information was collected or subsequently authorized or for which consent is obtained. MOA will take reasonable steps to ensure that Personal Information is reliable for its intended use, accurate, complete, and current.
MOA will retain Your Personal Information as needed to fulfill the purposes for which it was collected. MOA will retain and use Your Personal Information as necessary to comply with MOA’s business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements.
MOA strives to make sure that our information is reliable, accurate, and current. While Personal Information is maintained by MOA, You may access the Personal Information that MOA has collected directly from You to the extent required by law to review, update, and correct inaccuracies. Upon request made to the contact listed below under the section titled “Contact Information,” MOA will provide You with reasonable access to the Personal Information that MOA has collected from You. Because some Personal Information is required to use the website or application, MOA retains certain Personal information as long as your account is active.
However, except as required by applicable law, MOA does not provide You with access to patient records and will recommend that Your directly contact Your dental provider to obtain a copy of Your patient records.
Updated on June 27, 2019