ICEDOT® PROGRAM TERMS OF USE – Effective August 26, 2013 for all parties.
 
These “Terms of Use” (as the same may be modified from time to time) set forth the terms, conditions, and guidelines for use of the ICEdot  (“ICEdot”) Emergency Health Registry (the “Program”).  These Terms of Use constitute a legally binding contract between Docvia, LLC, an Oklahoma limited liability company (“Docvia”), and each person who is registered for or uses the Program (each such registered person being referred to as a “Member” and all such registered persons being collectively referred to as “Members”).  The Program shall include any service or product provided by Docvia in connection with ICEdot, including, without limitation, membership cards, key fobs, stickers, alpha-numeric identifiers and automatic notification services.  Registration for membership in the Program or activation of an ICEdot Identifier (as defined below) constitutes acceptance of these Terms of Use:
 
1. MEMBER BENEFITS. A card, key fobs, stickers and any other identifier (all collectively, “Identifiers”) may be issued to each Member.  The Identifier sets forth the unique alpha-numeric identifier (“ICEdot Number”) assigned to the Member in connection with the Program. The Program provides each Member with the following benefits:
 
a. Grant Emergency Medical Services Providers that are licensees of the Program (“EMS Providers”) and other medical professionals that are licensees of the Program (collectively with EMS Providers, the “Authorized Users”) with access to health information that is provided by a Member through the Program as well as granting access to the general public if the Member so chooses.
 
b. Provide notification to a Member’s designated emergency contact(s) of any ambulance transport.
 
c.  Allow a Member to input up to 160 characters to be provided to an Authorized User in the event that the Member’s ICEdot Number is sent via text message by an Authorized User and/or to a Member’s designated emergency contact(s) if a Member is utilizing certain automatic notification services and experiences an impact, which characters shall be provided to such sending party and/or emergency contact(s) (the “Emergency Notification Feature” also known as the “ICE Alert Message”). Members may also have the option to have the ICE Alert Message pre-populated with information provided by the Member in other sections of the program, or make all of the Member’s information available via text message.
 
d.  Other services, products and benefits as may be created and provided by Docvia from time to time and in Docvia’s sole discretion.
 
Certain of these benefits can only be obtained if an Authorized User or the public can locate the Member’s ICEdot Number in the appropriate situation.  
 
Certain of these benefits can be obtained by the general public by sending a SMS/Text message containing the Member’s IB Number (PIN) to a specified number provided by ICEdot.
 
For a partial list of EMS Providers that participate in the Program, visit icedot.org.
 
2.  MEMBER RESPONSIBILITIES.
 
a.  Each Member is required to activate his or her account and provide a valid email address for participation in the Program.
 
b.  A Member may then input a variety of information (i) related to the Member’s health, including, but not limited to, personal health information, emergency contact information, insurance provider information, physician, prescription and other information (collectively, “ICE Profile”) and (ii) in connection with the Emergency Notification Feature (also known as the ICE Alert Message). 
 
c.  Each Member agrees and acknowledges that he or she has the sole discretion with respect to the information that is included in ICE Profile and ICE Alert Message and that the Member is solely responsible for the accuracy and completeness of the information included in the ICE Profile and ICE Alert Message and solely responsible for maintenance of the accuracy and completeness of ICE Profile and ICE Alert Message.   
 
c. Each Member further agrees, acknowledges and recognizes that all ICE Profiles will be available to Authorized Users for possible use in providing emergency medical treatment. 
 
3. GENERAL TERMS AND CONDITIONS.
 
a. Purchasing an ICEdot membership and activating the ICEdot Identifier are necessary to become a Member, and renewing ICEdot membership on an annual basis is necessary to remain a Member. Each person that registers himself or herself or any dependent or other party as a Member must be eighteen (18) years of age or older.  Each person that registers any dependent or other party as a Member or that updates or supplements any information provided to the Program with respect to any dependent or other party represents and warrants to Docvia that he or she has the power and authority to do so on behalf of such party and has obtained and provided all information submitted in compliance with applicable law. It is understood that these Terms of Use apply to all Members, including, but not limited to, those Members who are registered for the Program by another person.
 
b. ICEdot memberships are nontransferable and may only be used by an individual Member for such Member’s personal benefit. In the event of an emergency, EMS Providers may request proper identification with regard to validating a Member’s personal identity and ICEdot membership. 
 
c. ICEdot memberships are only available in countries where ICEdot chooses to provide them. 
 
d. Docvia does not offer refunds of any kind for purchases through icedot.org. All ICEdot sales are final.
 
e. Docvia accepts credit cards and debit cards as forms of payment. If a credit card company is being used for a transaction, Docvia may obtain a pre-approval from the credit card company for an amount up to the amount of the transaction. Billing to a credit card occurs at the time of purchase or shortly thereafter. Docvia accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Debit cards and check cards have spending limits that may prevent the processing of a transaction. If a transaction has been declined, a Member should ensure all data is correct and resubmit. If the transaction is not accepted, the Member should try to use another credit card.
 
f. ICEdot transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time a transaction is completed if necessary.  Docvia will charge tax in states to the extent required by law. No customers are eligible for tax exemptions for transactions made via icedot.org.
 
g. Docvia is not responsible for damaged, lost or stolen ICEdot Identifiers.
 
h. Each Member is solely and fully responsible for maintaining an accurate and up-to-date ICE Profile and ICE Alert Message. Docvia shall not be responsible for the accuracy, completeness, or omission of any ICE Profile or ICE Alert Message. ICE Profiles and ICE Alert Messages may be updated online at icedot.org by any person that inputs proper credentials to access the Program (including, but not limited to, a username and password).  Each Member (and any person who may register a Member) hereby agrees take reasonable steps and assumes full responsibility to safeguard the credentials for such Member(s). Docvia cannot and does not assume any responsibility or liability for access to a Member’s ICEdot membership account by an unauthorized party using such Member’s credentials or a Member’s or any other person’s use or misuse of information transmitted or received under the Program. Docvia shall not be responsible for ICEdot membership accounts that are unusable as a result of a Member’s failure to provide or update the Member’s personal information and/or renew the Member’s ICEdot membership.  Each Member acknowledges and consents to (i) the use of all ICE Profiles by Authorized Users for the provision of emergency medical care and (ii) the disclosure of ICE Alert Messages in connection with the Emergency Notification Feature, including, but not limited to, disclosure to a person to whom the Member may not otherwise want to disclose ICE Alert Messages, it being understood that access to ICE Alert Messages is not subject to any of the access requirements applicable to an ICE Profile.  Docvia has no responsibility for any party’s reliance (or lack of reliance) on an ICE Profile or ICE Alert Message or for any medical services or other actions taken or not taken by a party based on an ICE Profile or ICE Alert Message.  

i. Docvia may suspend or terminate a Member’s use of the Program if the Member fails to comply with these Terms of Use. Any suspension or termination of the Program or a Member’s membership in the Program may delete the Member’s information, files, and other previously available content.
 
 4. AUTO-REMINDERS.
 
a. Members are provided with an opportunity to receive automatic SMS text or email messages from Docvia on a monthly, quarterly, bi-annual or annual basis in order to remind them to update their personal information. 
 
b. To illustrate, if a Member’s medications or health condition changes frequently, the Member can request a monthly auto reminder. If a Member’s medications and health conditions are stable, the Member may choose to update the Member’s personal information every 6 or 12 months.
 
c.  Each Member is solely responsible for electing to receive such auto-reminders.  Docvia will use reasonable efforts to provide such auto-reminders as requested by a Member; however, Docvia will have no responsibility or liability for failure to send a requested auto-reminder, and each Member remains fully responsible for the maintenance of up-to-date ICE Profile and ICE Alert Message. 
 
5. AUTO RENEWAL.
 
a. To maintain the ability to participate in the Program,  ALL Members must pay an annual membership fee.  Such membership fee is subject to change on an annual basis.  For each Member’s protection, the Member’s ICEdot membership will automatically renew every 12 months unless the Member indicates that the Member does not wish to automatically renew Member’s ICEdot membership during the initial registration process. Members are responsible for updating their payment information (in the case of credit cards and debit cards, such information includes, but is not limited to, the expiration date) as necessary.
 
b. Docvia will notify each Member at least thirty (30) days prior to the date on which Member’s annual membership fee is due.  Should the membership fee change, Docvia will notify Member at this time of the new membership fee for the upcoming year. 
 
c. If Docvia is unable to fully process the membership renewal fee to a Member’s account ten (10) days after such fee is due, the Member’s membership and access to the Program will be terminated. Docvia is not responsible and will be held harmless in the event a Member or someone acting on the Member’s behalf requests emergency medical services and responding EMS Providers are unable to access the Member’s ICE Profile or ICE Alert Message due to lack of payment or expiration or termination of access to the Program. Any Member who fails to keep his or her ICE Profile and ICE Alert Message up-to-date and accurate or fails to make timely payment of all required fees to Docvia, resulting in the termination of Member’s access to the Program,  assumes the full responsibility for any damages that may arise as a result of an Authorized User’s inability to access the ICE Profile or from inability to use the Emergency Notification Feature.  A Member must cease using the ICEdot Identifier upon any termination of his or her participation in the Program. 
 
6. MEMBER PRIVACY. By becoming a Member, each Member agrees to terms and conditions as specified in the ICEdot Security Policy and Privacy Statement, which can be found at icedot.org.
 
7. MODIFICATION AND TERMINATION. Docvia retains the right to modify the Program or these Terms of Use at any time and for any reason. Continued use of the Program constitutes acceptance of any amendment to the Program and/or these Terms of Use. If a Member does not agree to the modified Program and/or Terms of Use, the Member shall immediately cease participation in the Program. The most current Terms of Use of the Program can be found at icedot.org. Docvia may terminate the Program at any time through written notice sent to each Member via email (Members without email will be notified the next time they attempt to log into their ICEdot account at icedot.org). Upon termination of the Program for any reason, all Members immediately forfeit all rights to access the Program, including, without limitation, their ICEdot account, ICE Profile or ICE Alert Message. Members may choose to terminate their participation in the Program at any time.  No membership fees shall be refunded in the event of termination of the Program by Docvia or termination of participation in the Program by Member.  

8. THIRD-PARTY SOFTWARE. Each Member agrees to use third-party software necessary for accessing the Program, including, but not limited to, “web browser” software that supports a data security protocol compatible with the protocol used by Docvia. Until notified otherwise by Docvia, each Member agrees to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by Docvia and to follow logon procedures for services that support such protocols. Each Member agrees that Docvia is not responsible for notifying Members of any upgrades, fixes or enhancements to any such software.  Each Member accepts and acknowledges that he or she is fully responsible for maintaining third-party software systems and security protections that are fully compliant with the Program. 
 
9. TRANSMISSION OF DATA. Docvia is committed to providing a high standard of Member security and privacy as described in Docvia’s Security Policy and Privacy Policy. Nevertheless, each Member understands that the transmission of ICE Profile and ICE Alert Message is fundamentally necessary to the Member’s use of the Program. Each Member expressly consents to Docvia’s interception and storage of ICE Profile and ICE Alert Message and to the provision of ICE Profile to Authorized Users, as well as notification to designated emergency contact(s) of any transport by an EMS Provider, and to the provision of ICE Alert Message pursuant to the Emergency Notification-Feature.  Each Member acknowledges and understands that the transmission of ICE Profile and ICE Alert Message will involve transmission over the Internet, and over various networks not owned and/or operated by Docvia; and that there are risks associated with the transmission of such ICE Profile and ICE Alert Message that is beyond Docvia’s control. Each Member acknowledges and understands that ICE Profile and ICE Alert Message may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Each Member agrees that Docvia is not responsible for any ICE Profile or ICE Alert Message which is delayed, lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by Docvia, including, but not limited to, the Internet. 
 
10. LINKS/THIRD-PARTY DATA. Docvia may provide from time to time, or third parties may provide, links to other websites or resources that Docvia deems, in its sole discretion, useful, informative, or beneficial to Members.  Such links are provided solely for Member’s benefit and Docvia has no control over such sites and resources. Each Member agrees that Docvia is not responsible for the availability of such external sites or resources, or the information included therein and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 
 
11. TRADEMARK INFORMATION; PATENT PROTECTION. All Docvia trademarks, service marks, logos and product and service names (including, but not limited to, ICEDOT®  and ICE, ICE events, ICEdotSM) (collectively, the “Marks”) are  owned by Docvia. Members shall not display or use any of the Marks in any manner without Docvia’s express prior written permission. The Program is the subject of a pending patent application.
 
12. GOVERNING LAW. These Terms of Use shall be governed by and construed under the substantive laws of the United States of America and the State of Oklahoma, without reference to conflict of laws considerations. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use (or the Program) shall be subject to the exclusive jurisdiction of the state and United States federal courts located in Tulsa, Oklahoma. If any provision is held by a court of competent jurisdiction to be contrary to law, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, their interpretations, their performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and/or costs.
 
13. NO WARRANTY; DISCLAIMER. DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS MAKE NO, AND HEREBY DISCLAIM, ANY AND ALL REPRESENTATIONS, WARRANTIES, COVENANTS, GUARANTEES AND/OR ASSURANCES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND/OR GUARANTEES AS TO ACCURACY, ERROR-FREE OPERATION, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) RELATING TO OR ARISING OUT OF THE PROGRAM, THE USE OF THE PROGRAM BY MEMBERS, AUTHORIZED USERS OR OTHER THIRD PARTIES,  OR ANY PRODUCTS OR SERVICES RELATED THERETO. EACH USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALL SERVICES AND PRODUCTS PROVIDED BY DOCVIA ARE DESIGNED FOR NOTIFICATION PURPOSES ONLY, ARE NOT OF A MEDICAL OR MILITARY GRADE, AND SHALL NOT BE USED OR RELIED UPON AS A MEDICAL DIAGNOSTIC TOOL. EACH MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ICE PROFILE WILL BE DISCLOSED TO AUTHORIZED USERS IN THE PROVISION OF MEDICAL CARE AND THAT DOCVIA HAS NO CONTROL OR PARTICIPATION OVER AUTHORIZED USER’S OR ANY THIRD PARTY’S USE OF ICE PROFILE IN ANY WAY OR THE TRANSFER OF ICE PROFILE, ICE ALERT MESSAGE OR OTHER ALERT NOTIFICATIONS FROM AUTHORIZED USERS TO OTHER AUTHORIZED USERS OR MEDICAL PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, INCLUSION OF ICE PROFILE IN RECORDS MAINTAINED BY AUTHORIZED USERS OR MEDICAL PROFESSIONALS.  IN ADDITION, EACH MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ICE ALERT MESSAGE WILL BE DISCLOSED VIA SMS, EMAIL OR BY OTHER MEANS AND THAT DOCVIA HAS NO CONTROL OR PARTICIPATION OVER USE OF ICE ALERT MESSAGE IN ANY WAY OR THE TRANSFER OF ICE ALERT MESSAGE TO ANY PARTY. DOCVIA HEREBY DISCLAIMS, AND EACH MEMBER HEREBY RELEASES DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS FROM, ANY LIABILITY FOR PROPERTY DAMAGE OR PERSONAL INJURY (INCLUDING DEATH) SUSTAINED BY A MEMBER WHILE USING DOCVIA’S SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH SERVICES OR PRODUCTS FAIL TO PERFORM THEIR DESIGNATED FUNCTIONS. 

EACH MEMBER AGREES AND ACKNOWLEDGES THAT THE FUNCTIONALITY OF CERTAIN OF DOCVIA’S SERVICES ARE DEPENDENT UPON, AND MAY BE PARTIALLY OR WHOLLY LIMITED BY, THE FUNCTIONALITY OF HARDWARE OR SERVICES PROVIDED BY MEMBER OR OTHER THIRD PARTIES (THE “THIRD PARTY HARDWARE AND SERVICES”). DOCVIA HAS NO CONTROL OVER THE TECHNICAL OR PERFORMANCE CAPABILITIES OF SUCH THIRD PARTY HARDWARE AND SERVICES, AND DOCVIA HEREBY DISCLAIMS, AND EACH MEMBER HEREBY RELEASES DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS FROM, ANY LIABILITY ARISING OUT OF OR RELATING TO THE FUNCTIONALITY OF SUCH THIRD PARTY HARDWARE AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ABILITY OF A MEMBER’S MOBILE DEVICE TO RECEIVE OR DELIVER A SIGNAL OR ALERT NOTIFICATIONS, THE SYSTEMS SUPPORTING A MEMBER’S MOBILE DEVICE, AND/OR THE SUFFICIENCY OR LACK OF CELLULAR, WIRELESS OR OTHER SERVICE (SUCH AS GPS) SUPPORTING SUCH THIRD PARTY HARDWARE AND SERVICES.
 
14. RELEASE OF LIABILITY. EACH MEMBER HEREBY RELEASES DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS FROM AND AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PROPERTY DAMAGE OR PERSONAL INJURY (INCLUDING DEATH), RELATING TO THE MEMBER'S ICEdot MEMBERSHIP, THE PROGRAM OR THESE TERMS OF USE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH MEMBER FURTHER RELEASES DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM OR IN CONNECTION WITH (I) AN AUTHORIZED USER’S USE, LACK OF USE OR DISCLOSURE OF ICE PROFILE IN PROVIDING MEDICAL SERVICES OR (II) USE OF ICE ALERT MESSAGE BY ANY PARTY PURSUANT TO THE EMERGENCY NOTIFICATION FEATURE.
 
15. LIMITATIONS OF LIABILITY. EACH MEMBER AGREES THAT THE CONSIDERATION WHICH DOCVIA IS CHARGING FOR PARTICIPATION IN THE PROGRAM DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY DOCVIA OF THE RISK OF THE MEMBER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOCVIA BE LIABLE TO A MEMBER OR ANY OTHER PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OR DISCLOSURE OF ICE PROFILE OR ICE ALERT MESSAGE), WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE (INCLUDING TORTS), OR ANY OTHER LEGAL CAUSE OF ACTION, ARISING FROM OR IN CONNECTION WITH THE PROGRAM OR ANY AUTHORIZED USER’S USE OR DISCLOSURE OF ICE PROFILE OR ICE ALERT MESSAGE. EACH MEMBER ACCEPTS AND ACKNOWLEDGES THAT DOCVIA IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ICE PROFILE OR ICE ALERT MESSAGE, AND THAT MEMBER IS SOLELY RESPONSIBLE FOR MAINTAINING ACCURACY AND UP-TO-DATE INFORMATION IN THE PROGRAM AND WITH ALL MEDICAL PROVIDERS.  In the event that the release provided in this Section is invalidated or limited for any reason, it is understood that the maximum liability of Docvia to any Member arising out of or in the connection with the Program, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, negligence, tort, or otherwise, shall in no case exceed the amount of fees paid to Docvia by or on behalf of such Member during the immediately preceding 12-month period. The essential purpose of this provision is to limit the potential liability of Docvia arising from the Program. Each Member acknowledges that the limitations set forth in this provision are integral to the amount of fees charged in connection with the Program and that, were Docvia to assume any further liability other than as set forth in this provision, such fees would of necessity be set substantially higher. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the exclusions set forth above will only apply to a Member as may be permitted by applicable law in those jurisdictions. 
 
16. INDEMNITY. EACH MEMBER AGREES TO DEFEND, INDEMNIFY, AND HOLD DOCVIA, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES AND SETTLEMENTS (INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES) MADE BY ANY PARTY RESULTING FROM, OR ALLEGED TO RESULT FROM, THE MEMBER’S VIOLATION OF THESE TERMS OF USE.
 
17. Assignments. Docvia may assign a Member’s rights under the Program with or without notice to such Member.  A Member may not transfer any of his or her rights under the Program to anyone else, either temporarily or permanently.  The Program is solely for the benefit of the Members and Docvia.  It is not for the benefit of any other person.
 
18. Complete Agreement.  These Terms and Conditions and Docvia’s Security Policy and Privacy Policy constitute the entire agreement between each Member and Docvia with respect to the use of the Program.  In the event of any conflict between Docvia’s Security Policy and Privacy Policy and these Terms of Use, these Terms of Use shall prevail. Any provision of these Terms of Use which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.



ICEDOT® EMERGENCY HEALTH REGISTRY
 
SECURITY POLICY
 
Last updated June 7, 2013
 
Through its ICEdot® (“ICEdot”) Emergency Health Registry (accessible at icedot.org) (the “Program”), Docvia, LLC, an Oklahoma limited liability company (“Docvia”), acts as an application service provider dedicated to providing secure online communication services to individuals and emergency medical services providers that are licensees of the Program (“EMS Providers”) and other medical professionals that are licensees of the Program (collectively with the EMS Providers, “Authorized Users”) for the transmission of secure personal health information, emergency contact information, insurance provider information, physician, prescription, and other medical information (“ICE Profile”). In addition, the Program, through its Emergency Notification text-messaging feature (the “Emergency Notification Feature”), permits Members to share other information with third parties (the “ICE Alert Message”).  References below to “we” and “us” refer to Docvia, and references below to “you” and “your” refer, as applicable, to individuals accessing the icedot.org website, to persons who register for and use the Program (“Member” or “Members”)  or to Emergency Medical Services Providers that are licensees of the Program (“EMS Providers”) or other medical professionals that are licensees of the Program (collectively with EMS Providers, the “Authorized Users”) .
 
 
SECURITY POLICY
 
Docvia employs a high degree of security consciousness. The environment at Docvia currently encompasses the security tenets of the Health Insurance Portability and Accountability Act of 1996 and the accompanying regulations (“HIPAA”). The overall priorities of Docvia as an organization are to assure the security of information provided to Docvia by Members and be fully compliant with HIPAA, as it may be amended from time to time.  Please be advised that Docvia is not subject to HIPAA regulations, but has a policy of adherence to such regulations as an indicator of its commitment to security and privacy of ICE Profile. Access, integrity, availability, ownership, authorization, dependability, authentication, and confidentiality are all major considerations within Docvia’s Security Policy.
 
Docvia upholds its stringent Security Policy with the following security measures:
 
Audit Trail. Docvia maintains an audit trail and log of accesses to information provided by you in connection with the ICEdot service.
 
Auto-Logoff. Docvia protects you against accidentally leaving ICE Profile or ICE Alert Message active on a computer browser screen after a certain period of time.  Docvia uses security controls in the Program that end your on-line “session” if you are logged in to icedot.org but have not actively used the service for a set period of time. This prevents others from accessing your account when you leave a session and forget to log out.  The period of time after which the session will automatically be logged off is determined in Docvia’s sole discretion and is subject to change from time-to-time.  Docvia is not responsible for the availability of ICE Profile or ICE Alert Message prior to the end of such session automatically for inactivity. 
 
Business Partners. We require certain parties with whom we do business to agree to comply with HIPAA and other privacy and security laws.  We are not responsible, however, for ensuring that such parties maintain compliance with HIPAA or other application privacy and security laws on an ongoing basis. 
 
Confidentiality. Docvia has internal policies designed to keep your data private and confidential.  Docvia will not share your data with any unauthorized party.  Nevertheless, your ICE Alert Message is available to any party using the Emergency Notification Feature.
 
Data Security. The third party that owns and operates the servers at the data center at which your data is maintained takes all reasonable measures to secure your data. The data center is administratively, physically and technically secure. The servers are separated from the Internet by a firewall that prevents access by Internet traffic that fails to meet certain security criteria in an effort to block access by unauthorized parties and reduce Internet traffic from non-legitimate sources.
 
Digital Certificates. Docvia uses a digital certificate issued by Network Solutions, LLC, a leading Secure Server Certification Authority. This gives you the confidence that you are connected to a website operated by Docvia, and authenticated as such.
 
Disaster Recovery. In the case of a disaster which affects the primary third-party data center used by Docvia, redundant systems are maintained geographically by the third party to minimize downtime.  Upon detection of such a situation, a managed domain name system (DNS) provider will begin routing traffic to a secondary third-party data center facility where redundant systems will immediately begin servicing requests.
 
Encryption. All communication between you and the third-party server used by Docvia is secured by using TLS/SSL, which uses up to 256-bit encryption depending upon the Internet browser in use.
 
High Availability. The third-party data center used by Docvia maintains redundant subsystems, such as multiple Internet trunks coming into the data center from multiple sources, fully redundant power on the premises, and backup generators to avoid outages caused by power failures, fires, natural disasters and other matters. Additionally, data is regularly backed up by the third party and stored off-site at a geographically dispersed data center location owned by the third party.
 
Login ID and Password. Access to your ICE Profile and ICE Alert Message through your account (“ICEdot Account”) is controlled by a login ID and a password, which you chose. Strict login ID and password rules are designed to eliminate unauthorized users from gaining access to your ICEdot Account.  You are responsible for maintaining the secrecy of your login ID and password.
 
Monitoring and Emergency Preparedness.  Our systems are fully monitored both by the third-party data center staff and a third-party system monitoring agent.  Upon detection of any failure, Docvia staff is notified immediately and is trained to respond by quickly assessing the situation to determine if automated recovery means have been triggered and are performing as expected. If not, immediate action is taken with the assistance of data center staff to correct the situation and restore service as soon as possible.
 
Access to ICE Profile. Authorized Users are granted  access to your ICE Profile and do not have the ability to alter or modify your ICE Profile.  EMS Providers may, however, in providing medical services to you, transfer your ICE Profile, or portions thereof, to other Authorized Users or medical professionals, such that the ICE Profile becomes part of their records.  Docvia is not responsible for the means by which or accuracy with which such ICE Profile is transferred.
 
Sensitive Information. You should follow the EMS Provider’s policy on communicating sensitive information when dealing with personnel of the EMS Provider.
 
PRIVACY POLICY
Last Updated June 7, 2013
 
Docvia respects your privacy and takes Internet privacy very seriously. By accepting Docvia’s Terms of Use, you consent to the use and disclosure of personally identifiable information provided to us as outlined in this Privacy Policy and in Docvia’s Terms of Use.
 
Who Is Collecting Information?
 
Because the Program provides a service for communication between you and Authorized Users, we ask you for the sort of personal health information that Authorized Users may need in order to streamline their response to an emergency. 
 
We will not sell, share or rent information that is collected in the Program to others in ways different than from what is disclosed in this Privacy Policy or Docvia’s Terms of Use or Security Policy. Docvia collects information from you at several points in the Program, and all information provided by you to Docvia in any way is subject to the terms of this Privacy Policy.
 
What Information Is Collected?
 
Information Request. If you wish to request more information about the Program prior to registering, you are required to provide contact information (for example, name and email address). It is optional for you to provide additional contact information. This information will be used by Docvia to contact you about our services.
 
Registration. No matter how you arrive at icedot.org, we require the collection of certain contact information as part of the registration process (for example, name, email address, home zip code, birth date). You may provide additional contact information (for example, health plan, primary health care provider, phone numbers, and home address).  We encourage you to provide as much information as is possible in order to enable optimal use of the Program. In many cases, you will be asked to enter this contact information directly. In other cases, that information may be pre-filled if you have already provided it through a related product or registration process of a business partner website and have consented to its disclosure to Docvia through that business partner website.  In circumstances where the information has been pre-filled by someone other than you, you will be asked to confirm the information provided and agree to Docvia’s Terms of Use before being able to use the Program. If you arrive at icedot.org directly, the registration process requires you to choose a unique identifier (for example, sign in name and password) for your ICEdot Account. If you arrive at icedot.org through a business partner website (for example, your local EMS Provider’s website) the business partner website may provide a unique identifier that confirms to Docvia that you are an authorized member from the business partner website. You will be asked to confirm the information provided and agree to Docvia’s Terms of Use before being able to use the Program.
 
EMS Provider-Patient Communications. One of the purposes of the Program is to provide EMS Providers and Authorized Users that participate in the Program with the ability to access certain medical information concerning you during an emergency. The Program offers various messaging platforms relating to specific requests and/or purposes to facilitate these communications (for example, “In Case of Emergency” or “ICE” email or SMS text notifications). Your provision of information in connection with the Program is voluntary and you therefore have a choice whether or not to disclose this information.
 
Health Information. The Program permits you to provide and store health information online, including health conditions, allergies and medications (your “Health Information”). You have the ability to enter information into your Health Information directly. Health Information is included in the definition of ICE Profile.
 
Pre-Filled Health Information. In certain cases and at your election, you may be able to opt-in to having your Health Information pre-filled and updated by a business partner of Docvia where that business partner has obtained the necessary consents from you to disclose this information to Docvia. In addition, at your option and based upon consents received from you by your physician, your physician may elect to pre-fill medical information and collect your personal health information via the Program. The collection of personal health information may include your contact information, as well as certain health information about you, including health conditions, medications and allergies that you have included in your ICE Profile or ICE Alert Message. The provision of this information is optional by your physician based upon consents your physician has received from you. Additionally, such ICE Profile and ICE Alert Message may be used by Docvia to contact you about our services. In order to register to use the Program, you will be asked to confirm the information provided, review your Health Information, all other ICE Profile and ICE Alert Message and agree to Docvia’s Terms of Use. You have the ability to request not to receive information from Docvia at any time.  You may make this request by contacting Docvia at [email protected].
 
Your Credit Card Information. You must provide accurate credit card or debit card information to participate in the Program. This information is used for Docvia’s billing purposes.
 
Your Log Files. In connection with your use of the Program, Docvia collects and stores the Internet Protocol (IP) address of the computer you are using; the name of the domain and host from which you access the Internet; the browser software you use and your operating system; the default language on your Internet browser or your operating system; the date and time you access the service; and the Internet address of the website from which you directly linked to icedot.org. Docvia uses this log file information to analyze trends, administer the service, and monitor service traffic and usage patterns for internal security purposes and to help make the Program more useful.
 
Authorized User Information.
 
Authorized User Registration. No matter how an Authorized User arrives at icedot.org, we require the collection of certain contact information as part of the Authorized User registration process. In many cases, the Authorized User will be asked to enter this contact information directly. In other cases that information may be pre-filled if the Authorized User has already provided it through a related product or registration process of a business partner’s website and has consented to its disclosure to Docvia through that business partner website. In circumstances where the information has been pre-filled by someone other than the Authorized User, the Authorized User will be asked to confirm the information provided and agree to Docvia’s Application Service Provider Agreement before being able to use the Program. If an Authorized User arrives at icedot.org directly, the registration process requires the Authorized User to choose a unique identifier (for example, sign in name and password) for its account. If the Authorized User arrives at icedot.org through a business partner website, the business partner website may provide a unique identifier that confirms to Docvia that the Authorized User is an authorized member from the business partner website. The Authorized User will be asked to confirm the information provided and agree to Docvia’s Application Service Provider Agreement before being able to use the Program.
  
Billing Information. Docvia may request billing information from each Authorized Provider. Here the Authorized Provider must provide Docvia with billing information (for example, credit card information) for its use and access to the Program. This information is used for billing purposes.
 
All information identified herein may be collected by Docvia and used in the manner and for the purposes set forth herein. 
 
How Will Your Information Be Used And Disclosed?
 
In addition to the uses and disclosures of information outlined above, your information may also be used and disclosed as follows:
 
Use of ICEdot Member Information
 
Docvia maintains an audit trail that keeps track of who has had access to your ICE Profile and ICE Alert Message and whether any changes to your ICEdot Account,  ICE Profile or ICE Alert Message have occurred.
 
You can always view all the information you entered in the Program voluntarily.
 
If another individual is managing your ICEdot Account with your permission (for example, a mother managing the account of her son), this person can view all your ICE Profile and ICE Alert Message entered in the Program on your behalf.
 
An Authorized User can use ICE Profile  about you stored by Docvia in connection with the provision of emergency medical services.
 
Docvia uses the contact information and ICE Profile that you supply to: 1) invite you to register for the Program, 2) construct and update your Health Information based upon your use of the Program, 3) determine service use, 4) survey you to evaluate and improve the Program, 5) operate the Program and to decide what services will meet our members’ needs, 6) provide information as required by law, 7) communicate back to you about customer service issues, and 8) update you on service and Program benefits.
 
Certain features of the Program may be used in conjunction with other Docvia products, and those features may share information to provide a better user experience and to improve the quality of our services.
 
Disclosure of Member Information.
 
Health Information. When an Authorized User determines that you are in need or may be in need of emergency medical services and that you are a Member, you are deemed to have agreed to permit the Authorized User  to have access to your ICE Profile.  In addition, if the EMS Provider transports you to a facility, you are deemed to have agreed to permit notification of such transport to your “in case of emergency” (ICE) contacts provided through the Program and for any party to utilize the Emergency Notification Feature (and the disclosure of your ICE Alert Message as a result of use of this feature).  In addition, if you are utilizing any form of automatic notification services, you are deemed to have agreed to permit the delivery of your ICE Alert Message to your “in case of emergency” (ICE) contacts provided through the Program. You recognize and acknowledge that information that you provide through the Emergency Notification Feature shall be available to any party requesting such information, and is not limited to Authorized Users.    
 
Compliance with Laws. Docvia will not disclose personal information (contact, health and/or billing) to third parties other than as provided in this Privacy Policy or in Docvia’s Terms of Use, except when we believe in good faith that the law requires it or you have otherwise consented to additional use or disclosure of the information.
 
Business Partners. Docvia works with many business partners in making the Program available to consumers. It is our policy to ask companies with whom we do business to support the same privacy policy we do. When you sign up for these services, we will share information only as necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
 
Third Parties. If you use icedot.org to link to another website, you may decide to disclose personal information at that website. For example, you might provide your contact information to obtain an information packet from an organization. Please be aware that in contacting that website, or in providing information on that website, that third party may obtain personal information about you. This Privacy Policy does not apply when you leave icedot.org to access a third party website from icedot.org. We structure the icedot.org service so that no personal information is sent (either via the URL string or post data) when you exit the icedot.org service to access a linked website. We encourage you to be aware that when you leave our service you are subject to the privacy statements of each and every website you access, which privacy statements may allow the  collection of personally identifiable information.
 
What does Docvia do with anonymous (de-identified) information?  Docvia reserves the right to and may remove your identity from your personal information (including, without limitation, contact, health and/or financial information) and may use such information on an anonymous (“de-identified”) basis (“Anonymous Information”) and in any capacity. Anonymous Information is information about a user presented in a form where information about one anonymous user would be indistinguishable from information relating to other anonymous users (e.g., “a 40-year-old female”). Anonymous Information is not in a form that allows anyone studying the information to personally identify any Member.
 
Aggregate information is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users (“Aggregate Information”). Your Anonymous Information may be  combined with the Anonymous Information of other Members and may be used to create statistical and other information for analysis by Docvia.
 
We reserve the right to use Aggregate Information for a number of reasons to be determined by Docvia, which might include use of Aggregate Information within the Program to understand the needs of Members and to determine what kinds of programs and services we can offer to you. Docvia could use this Anonymous Information to give potential users, providers, or business partners a picture of the ICEdot community and services. 
 
Aggregate Information may be provided or sold to third parties. Absolutely no personal identifying information is included in the aggregate reports; each individual remains anonymous.
 
Locator information is your name, electronic messaging address, physical address, and/or other data that enables someone to personally identify you (“Locator Information”).
 
Docvia and your Internet Service Provider (ISP) may use Locator Information as is necessary to enforce any of the terms of the Docvia Terms of Use. 
 
Can Patients Opt Out or Opt In to Specific Uses Of Their Information?
 
Medical Information. If you no longer wish to allow an Authorized User to view your medical information, you may deactivate your ICEdot Account.  Upon deactivation of your ICEdot Account, you will no longer be allowed access to your ICE Profile or ICE Alert Message or the Program.  Your ICE Profile may be used as Anonymous Data and Aggregate Data as described above.
 
Invitations. If you no longer wish to receive invitations to register for the Program, you may request that Docvia no longer send invitations to you using icedot.org.
 
As we add services to the Program that require the collection, use or disclosure of data other than as set forth in this Privacy Policy, we will offer users the option to opt in or opt out of those services.
 
Storage and Maintenance of Information. Docvia stores and maintains all electronic communications sent via the Program, your ICE Profile, your ICE Alert Message, contact information and financial information for a period of at least ten (10) years, regardless of whether Docvia or Member terminated Member’s use of the Program.
 
Does icedot.org Use Cookies or Web Beacons?
 
In order to personalize our service for you and to collect aggregate, non-personal information regarding service usage by all of our users, icedot.org uses “cookies” and may also use “web beacons” on its website or via email. A “cookie” is a small text file that icedot.org transfers to your computer’s hard drive. icedot.org assigns each computer a different cookie. The cookie assigns a random, unique number to your computer. The cookie does not contain personally identifiable information, although other websites are able to access the random, unique number contained in cookies originating from icedot.org.  A “web beacon” is an object embedded in a webpage or email and is usually invisible to the user but allows for a party to check whether a user has viewed a particular webpage or email.  Web beacons help us track usage of our services. While web beacons will be assigned a random, unique number, web beacons do not contain personally identifiable information.
 
Your browser software can be set to warn you of cookies or to reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject cookies originating from icedot.org, you will not be able to use icedot.org.
 
Sponsors or partners of Docvia may also use their own cookies when you click on a hypertext link to their website or service. We do not control these third parties’ use of cookies, or how they manage the non-personal information that they gather through them. You should review the privacy policy of other websites you link to from the icedot.org website to understand how these third-party websites use cookies and information collected through the use of cookies on these websites.
 
What can I do to protect my Privacy?
 
In order to protect your privacy you should: 1) never share your user ID or password, and 2) always sign out when you are finished using any on-line aspects of the Program. Please be advised that your ICE Alert Message will be available to any third party with your ICEdot Number and any third party you have designated as an emergency contact if using certain automatic notification services; you should consider this when determining what information to include in your ICE Alert Message.
 
What if I have questions or concerns regarding this Privacy Policy?
 
If you have any questions about this Privacy Policy or the use of your information via the ICEdot service, please send an email to [email protected].  Information that you send via email is not subject to this Privacy Policy.  
 
How will you be notified about changes to this Privacy Policy?
 
Docvia will only use your ICE Profile and ICE Alert Message, including all personally identifiable information, in the manner described in the Privacy Policy in effect when we collected the information from you. However, we reserve the right to change the terms of this Privacy Policy at any time by posting those changes on our website  so that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We urge you to check here periodically for any updates to this Privacy Policy. If you do not agree with any new provision or amended version of this Privacy Policy, you must immediately terminate your use of the Program and deactivate your ICEdot Account.
 
PROTECTING CHILDREN
 
The Program is designed and intended for use by adults, and is not intended for, nor designed to be used by children under the age of eighteen (18). A parent or guardian, however, may use the Program on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the log-in information for the ICEdot Account is kept secure and that the information submitted in the ICE Profile and ICE Alert Message is accurate.
 
TERMS OF USE
 
Docvia maintains the Program as a service to its customers. By using the Program owned and operated by Docvia, you are agreeing to comply with and be bound by Docvia’s Terms of Use, which may change at any time. You should carefully read and fully understand this notice and Docvia’s Terms of Use and Security Policy before using the Program.
 
INTELLECTUAL PROPERTY
 
Copyright Materials and Other Intellectual Property. The information available through the Program is the exclusive property of Docvia or its licensors and is protected by United States patent, copyright, trademark, and other intellectual-property laws. Information received through the Program may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Docvia or its licensors and related to the Program to anyone, including but not limited to others in your organization or company, as applicable. Any copy made of information obtained through this website must include the copyright notice. Use, reproduction, copying, or redistribution of Docvia’s trademarks, service marks, or logos is strictly prohibited without prior written permission from Docvia. All software and accompanying documentation made available for download through the Program is the copyrighted work of Docvia or its licensors. The copyright holder retains software and documentation ownership. Ownership is not transferred to you; rather, you are granted a limited license to use the software and documentation related to the Program for your personal use of the Program for as long as you are a Member or Authorized User.  Upon termination of your use of the Program, such license is terminated.
 
THIRD PARTY LINKS
 
Although the Program includes links providing direct access to third party websites as a convenience, the inclusion of a link does not imply endorsement of the linked website by Docvia. Docvia takes no responsibility for the content or information contained on such third-party websites, and does not exert any editorial or other control over such websites. Nor does Docvia take responsibility for the privacy policies and practices of these third party websites. Docvia will remove any link from icedot.org within a reasonable amount of time after receiving a written request from the linked entity.
 
EDITORIAL POLICY
 
Docvia is a provider of Internet-based patient-health provider communication services. The Program enables secure communication between individuals and Authorized Users. The aim of Docvia is to insure that the Program is reliable, fully integrated and easy to access, read and understand. 
 
Docvia encourages suggestions and feedback about how the Program works for you and what we might do to improve it. Send emails to [email protected].  Information that you send via email is not subject to this Privacy Policy.
 
Warning: CHOKING HAZARD -These products may contain Small Parts. Not for Children Under 3 yrs.