chemoWave clarifies what information is shared and not shared with third parties, including, but not limited to, research or medical related non-profit institutions, or care organizations, pharmaceutical companies and medical device companies.
All patient data (private or shared) is stored and managed on a cloud-based infrastructure created and maintained by a company called Catalyze (Datica). This platform has a HITRUST Compliance Security Framework (CSF) Certification from the National Institute of Standards and Technology, and ensures that our users’ data is secure with policies, procedures and technology that goes far beyond HIPAA compliance.
Information chemoWave Users provide about themselves that may be shared with 3rd parties is called “Shared Data.” Before TTI shares patient data with any 3rd party, it is first stripped of identifiable User Profile information (such as profile image, username or email address). All User data is protected in accordance with HIPAA regulations.
Shared Data that chemoWave Users can submit through the application may include:
- General profile or biographical information – e.g. gender, date of birth (age), location (zip code, city, state and country), height, weight
- Diagnosis information – e.g. type and stage of cancer, stage, diagnosis date, new or repeat diagnosis
- Logged condition shifts and symptoms information – The timing of positive and negative shifts in overall condition and mood shifts, as well as reported severity and duration of symptoms or side effects.
- Treatment activity information – e.g. Logged appointments, medications and procedures with associated details provided by users.
- Activity record information – e.g. the timing and details of activities logged by users such as meals, water intake, and other activities involving exercise, entertainment, routine and relaxation with associated details logged and recorded by users.
- Individual and aggregated survey responses
- Information shared via free text fields, e.g. notes associated with activities or other entries and/or general notes.
NOTE: In the course of using the chemoWave Application, Users might share personal information via entry images or free text fields that has the potential of being used to reasonably identify them. This type of “Personal Information” that is submitted through general notes entries and/or via the supplemental details users can add to certain activities or entries such as descriptions, notes or images will also be treated as Shared Data.
Some of the information that Users enter into certain fields when registering to use or using the application will not be shared (“Private Data”). Private Data will not be shared with any 3rd party.
Private Data that chemoWave Users can submit may include:
- Name or username – submitted to register an account or as part of a User’s Account Profile;
- User’s email address – submitted and verified to register an account or as part of a User’s Account Profile;
- Password – created as part of the registration process or as part of a User’s Account Profile;
- Profile Image – uploaded to register an account or as part of a User’s Account Profile.
How personal experience data is used
chemoWave users should have the expectation that every piece of information they submit (even if not displayed in the application), except for Private Data, may be shared anonymously as part of an aggregated database with 3rd parties for the benefit of other patients. There are specific instances where both Shared Data and Private Data, including Personal Profile Information may be used and disclosed including, but not limited to, the following:
- TTI uses Shared Data, Private Data, and Application Usage internally, as needed, for research, for maintenance and operation of the Application, and to create the best possible experience for patients.
- TTI may use a User’s data in the case of an emergency or other circumstance that we determine requires a member of the management team to directly contact the User.
- TTI may share or disclose a User’s data where required by law or to comply with legal process.
- In the event TTI goes through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its assets, the Shared Data and Private Data, including Personal Profile Information, might be among the assets transferred. Users will be notified via this Application of any such change in ownership or control of Personal Profile Information.
How Shared Data is Used
Each User’s personal data can be viewed through their protected account in the Application and is also shared through insights based on aggregated reports and or anonymous survey results. We report Shared Data publicly in aggregate, such as the number of patients following a particular treatment protocol or the percentage of patients that experience certain symptoms. In addition to serving the individual needs of our Users, TTI is dedicated to better understanding patient experiences and optimizing treatment options and outcomes for everyone. For example, we may analyze aggregated chemoWave data to explore questions like, “Do certain medications work better for certain types of patients versus others?” TTI provides Shared Data, in anonymous individual and aggregate format, to trusted third party partners for use in medical and market research. When selling this information, before any data is shared, it is first stripped of identifiable User Profile information (such as their profile picture, username or email address) to reduce the likelihood any specific user could be re-identified. TTI does not allow Partners to directly communicate with Users outside of our system.
Users can complete short surveys and to answer questions about their personal experience. Their survey responses and shared data are aggregated and analyzed with other Users’ responses and data with and/or sold to Partners. TTI does not require Users to participate in these surveys and their experience with the application is not impacted by refusal to participate.
TTI does not provide Private Data to the FDA, CDC, and/or other regulatory bodies (U.S. and international), although we reserve the right to contact Users for follow-up at the request of agencies or Partners.
Users acknowledge and accept that any information they share via free text or images might be connected to their other Shared Data and may be shared with, sold to, or displayed with others. For example, if a Users types their name (or contact information, or other information that might help to identify them) into a free text field, a User should do so knowing this information might be included with other information that is shared with, displayed for, or sold to Partners.
How Private Data is Used
Private Data is not automatically shared with Partners. Specific instances where Private Data may be used include, but are not limited to, the following:
- If a Users offers or agrees to participate in a media interview (as arranged by TTI), TTI will share the contact information the User provides with the media outlet for the purpose of conducting an interview;
- If a User explicitly opts in to have their Private Data shared with a Partner, TTI will share the information as instructed (e.g. co-registration with a non-profit);
- If a User makes a request, TTI may use Private Data, including sharing the User’s Private Data with software/service vendors, for the purpose of fulfilling the request. Examples include requesting to receive a company newsletter via email, requesting an email response from the TTI/chemoWave support team, or requesting a t-shirt be mailed to the User’s residence.
TERMS AND CONDITIONS FOR USE:
Users should know that TTI takes commercially reasonable technical precautions to help keep their information and data secure. All information Users enter in to the chemoWave Application is stored and managed on a cloud-based infrastructure created and maintained by a company called Catalyze. This platform has a HITRUST Compliance Security Framework (CSF) Certification from the National Institute of Standards and Technology, and ensures that our users’ data is secure with policies, procedures and technology that go way beyond HIPAA compliance.
Risks and benefits
While our goal is to help patients improve treatment experiences and health outcomes, there are no certain benefits to using the chemoWave Application. However, keeping track of personal experiences, treatments, overall condition, moods and symptoms has been shown to be helpful in improving overall health. There are also no known risks to using this application, but there is a possibility that users may feel uncomfortable storing their information digitally and sharing details about their treatment experience even though it is made anonymous for the purposes of analysis and before sharing it externally. It is not impossible that a User could potentially be identified using information shared by TTI (and/or in conjunction with other data sources). In the event that a User is identified, there is also a risk the User could be discriminated against or experience repercussions as a result of the health information they shared.
In using the application, Users are free to skip any non-required questions or data fields that make them feel uncomfortable. Users are also free to stop using this service at any time.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law designed to protect health insurance coverage for individuals and their families. The law covers many aspects of healthcare, ranging from portability of health coverage from one job to another to the tax codes dealing with healthcare. Title II, Administrative Simplification, contains the provisions that will have the most significant impact upon VSP. The Administrative Simplification provisions of the law affect healthcare providers, health plans and healthcare information clearinghouses. The provisions seek to improve the efficiency and effectiveness of the healthcare system by:
- Standardizing the electronic data interchange (EDI) of many administrative and financial transactions; and
- Protecting the security and privacy of health information in electronic or paper formats.
Complete information on the electronic data interchange (EDI) rules is available from the Department of Health and Human Services (HHS) Web site.
TTI takes HIPAA rules very seriously and complies with all requirements.
History of Updates/Changes to Terms and Conditions of Use
No updates at this time.
Terms and Conditions of Use
Effective January 19, 2017
The following terms constitute an agreement between you and Treatment Technologies & Insights, LLC (“TTI”), the operator of the chemoWave Application (the “Application”). This agreement governs your use of the application as a registered user (described below). By accessing or using the application, you agree to be bound by the terms of this Agreement. To the extent you register on the Application as a user, then in addition to the terms that are applicable to all users of the Application, the terms that apply only to users shall apply to you too.
To become a user and access the application reserved for users, TTI requires that you are either a (a) diagnosed cancer patient or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a diagnosed cancer patient, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), or (d) guest as authorized by a chemoWave member or employee. Children under the age of 13 are prohibited from registering an account. By registering an account for a cancer patient that is under the age of 13 you represent that you are the legal guardian and caregiver for that child.
chemoWave Does Not Provide Medical Advice to Users
All of the information or material provided on the Application, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, postings, and any other material provided on the application are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health or treatment. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this application.
If you think you may have a medical emergency, call your doctor or 911 immediately. TTI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the application. Reliance on any information provided by TTI and/or chemoWave is solely at your own risk.
Acceptable and Lawful Use of Application by Registered Users
Registered Users shall not post or upload any information or other content on the Application that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Registered Users or organizations may not use the application to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All registered users represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding their health, activities and treatment experiences, is true and accurate and not misleading.
No Interference with Operation of Application
You may not use any robot, spider, scraper, or other automated means to access the Application or content or services provided on the Application for any purposes. You may not post content on the Application that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Application unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by registered users, or collect information about our users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your account to take such actions.
Application for Non-Commercial Use Only
The Application content is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and should not use the Application without express consent from TTI. Registered Users of chemoWave with individual commercial interests may not solicit or overtly promote their products or services within the Application. All content shared within the Application is not for external use. To garner permission and access to users, please direct all media and analyst inquiries to support@chemoWave.com and all research requests to support@chemoWave.com. Representatives from life sciences and insurance companies are prohibited from creating profiles. Please direct inquiries to support@chemoWave.com.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content in this Application infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Application; (iii) a description of the location on the Application of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If the content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to chemoWave at support@chemoWave.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
User Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, you do so at your own risk that they might share personal information that you would consider private. You agree to immediately notify TTI of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Applications or Websites
chemoWave may contain links to other websites or applications that are not under the control of TTI. The inclusion of any link does not imply endorsement by TTI of such application or website and TTI/chemoWave is not responsible for the content of such linked applications.
You agree that TTI may, with or without cause, immediately terminate your chemoWave account or limit or terminate your access to the account or the Application without prior notice. Without limiting the foregoing, the following may lead to a termination by TTI of a member’s account and use of the Application: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. TTI has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Application.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Application. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Disclaimer of Warranties
The Application and the content and services made available on the Application are provided on an “as is” and “as available” basis. TTI does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Application, the Application content, or any advice or services provided through the Application to the extent permitted by law. TTI does not warrant that access to the Application or its content or services will be uninterrupted or error-free or that defects in the Application will be corrected.
Limitation of Liability
Under no circumstances shall TTI, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Application or due to your reliance on any of the content contained or the services provided on the Application.
You agree to indemnify and hold harmless TTI, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
If you register as a user of the Application, you agree that TTI may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Application).
Governing Law and Venue
This agreement shall be governed by the laws of the state of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Application, shall be litigated exclusively in the state and federal courts residing in the State of California, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California.
chemoWave® and the chemoWave logo are trademarks of TTI. You agree not to display or use these trademarks in any manner without TTI’s prior, written permission.
TTI may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
Every effort has been made to ensure that the information provided by chemoWave is accurate, up-to-date, and complete, but no guarantee is made to that effect. chemoWave information has been compiled for use by healthcare practitioners and end-users in the United States. TTI/chemoWave does not warrant that uses outside of the United States are appropriate. TTI/chemoWave does not endorse drugs, diagnose patients or recommend therapy. chemoWave’s drug information is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and/or to serve end-users viewing this service as a supplement to, and not a substitute for, the expertise, skill, knowledge and judgment of healthcare practitioners. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.
Please consult with your doctor, nurse or pharmacist if you have questions about the drugs you are taking.
For any questions or comments, or to report violations of this agreement, let us know
by emailing us at: support@chemoWave.com.
History of Updates/Changes to Terms and Conditions of Use:
On January 19, 2017, original version of this Agreement was added to the Application. There have been no updates or changes to date.