Privacy Policy
Welcome
to the Alessi Institute website (the "Site"). Alessi Institute provides
the content and services available on the Site to you subject to the
following terms and conditions ("Terms and Conditions"). By accessing
or using the Site, you are acknowledging that you have read,
understand, and agree, without limitation or qualification, to be bound
by these Terms and Conditions which include our Privacy Policy. These
Terms and Conditions were last updated on 4/1/2007.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the
Site, so that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You may not
sell or resell any of the products or services, or samples thereof, you
purchase or otherwise receive from us. We reserve the right, with or
without notice, to cancel or reduce the quantity of any orders that we
believe, in our sole discretion, may result in the violation of our
Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products
on the Site; however, to the extent permitted by applicable law, we do
not warrant that the product descriptions, colors or other content
available on the Site are accurate, complete, reliable, current, or
error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text,
graphics, logos, button icons, images, audio clips, data compilations
and software, and the compilation thereof (collectively, the "Content")
is the property of Alessi Institute, our affiliates, partners or
licensors, and is protected by United States and international
copyright laws.
The trademarks, logos, and service marks displayed on the Site
(collectively, the "Trademarks") are the registered and unregistered
marks of Alessi Institute, our affiliates, partners or licensors, in
the United States and other countries, and are protected by United
States and international trademark laws.
Except as set forth in the limited licenses in Section 5 below, or as
required under applicable law, neither the Content or Trademarks nor
any portion of the Site may be used, reproduced, duplicated, copied,
sold, resold, accessed, modified, or otherwise exploited, in whole or
in part, for any purpose without our prior written consent.
5. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access
and make personal use of the Site. This limited license does not
include the right to: (i) frame or utilize framing techniques to
enclose the Site or any portion thereof; (ii) modify or download the
Site or Content (except caching or as necessary to view the Site);
(iii) make any use of the Site or Content other than personal use; (iv)
create any derivative work based upon either the Site or Content; (v)
collect account information for the benefit of yourself or another
party; (vi) use any meta tags or any other "hidden text" utilizing our
name or the Trademarks or to otherwise use the Trademarks; or (vi) use
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or take any other action that may impose an
unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to
create a hyperlink to the home page of the Site for personal,
non-commercial use only. A website that links to the Site (i) may link
to, but not replicate, our Content; (ii) may not imply that we are
endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; (iv) may not contain content
that could be construed as distasteful, obscene, offensive or
controversial, and may contain only content that is lawful and
appropriate for all ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or
objectionable manner, or associate us with undesirable products,
services, or opinions; (vi) may not use any Trademark; and (vii) may
not link to any page of the Site other than the home page. We may, in
our sole discretion, request that you remove any link to the Site, and
upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses
set forth in this Section 5 without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and
Conditions and the special warnings or instructions for access or use
posted on the Site. You shall act always in accordance with the law,
custom and in good faith. You may not make any change or alteration to
the Site or any Content or services that may appear on this Site and
may not impair in any way the integrity or operation of the Site.
Without limiting the generality of any other provision of these Terms
and Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions (including our
Privacy Policy), you shall be liable for all the losses and damages
that this may cause to Alessi Institute, our affiliates, partners or
licensors.
7. Your Account
You may choose to register at our Site. If you do, you will have an
email address/username and password for your account. You are
responsible for maintaining the confidentiality of your account,
username and password and for restricting access to your computer. You
agree to accept responsibility for all activities that occur under your
account, username and/or password. You agree to provide only accurate,
truthful information.
We reserve the right to refuse service and/or terminate accounts
without prior notice if you violate these Terms and Conditions or if we
decide, in our sole discretion, that it would be in Alessi Institute’s
best interests to do so.
8. Third Party Links
We are not responsible for the content of any off-website pages or any
other websites linked to or from the Site. Links appearing on the Site
are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service,
or supplier. Your linking to or from any off-website pages or other
websites is at your own risk. We are in no way responsible for
examining or evaluating, and we do not warrant the offerings of,
off-website pages or any other websites linked to or from the Site, nor
do we assume any responsibility or liability for the actions, content,
products, or services of such pages and websites, including, without
limitation, their privacy policies and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-website pages and other websites that you visit.
9. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information
you provide us (collectively, "Submissions") will be treated as
non-proprietary and non-confidential. Subject to the terms of our
Privacy Policy, by transmitting or posting any Submission, you hereby
grant us a nonexclusive, royalty-free, perpetual, transferable,
irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, sell, assign, translate, create derivative works from,
distribute and display any Submission in any form, media, or
technology, whether now known or hereafter developed, alone or as part
of other works. You also acknowledge that your Submission may not be
returned and we may use your Submission, and any ideas, concepts or
know how contained therein, for any purpose including, without
limitation, developing, manufacturing, distributing and marketing
products.
If you make a Submission, you represent and warrant that you own or
otherwise control the rights to your Submission. You further represent
and warrant that such Submission does not constitute or contain
software viruses, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false email address,
impersonate any person or entity, or otherwise mislead us as to the
origin of any Submission. You agree to indemnify us for all claims
arising from or in connection with any claims to any rights in any
Submission.
10. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE
TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR
OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF
BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c)
DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E)
COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT
OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
11. Indemnification
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys' fees, resulting from
any third party claim, action, or demand resulting from your use of the
Site. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
12. Disputes
With respect to any dispute regarding the Site, all rights and
obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of California, as if the Terms and
Conditions were a contract wholly entered into and wholly performed
within California. Any dispute relating in any way to your visit to the
Site shall be submitted to confidential arbitration in California,
except that, to the extent you have in any manner violated or
threatened to violate our intellectual property rights or the
intellectual property rights of our affiliates, partners or licensors,
we may seek injunctive or other appropriate relief in any court and you
consent to exclusive jurisdiction and venue in any such court.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to
an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which
include our Privacy Policy, constitute the complete and exclusive
agreement between us concerning your use of the Site, and supersede and
govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Site. Any changes
are effective immediately upon posting to the Site. Your continued use
of the Site constitutes your agreement to all such terms and
conditions. We may, with or without prior notice, terminate any of the
rights granted by these Terms and Conditions. You shall comply
immediately with any termination or other notice, including, as
applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise
between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the
original provision.
If you have any questions regarding these Terms and Conditions, please contact us at info@alessiskincare.com .
Notice of Privacy Practices for Protected Health Information
THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW
IT CAREFULLY.
If you have any questions about this notice, please contact our Privacy Contact, David Alessi, M.D. FACS.
This
Notice of Privacy Practices describes how we may use and disclose your
protected health information to carry out treatment, payment or health
care operations and for other purposes that are permitted or required
by law. It also describes your rights to access and control your
protected health information. “Protected health information” is
information about you, including demographic information, that may
identify you and that relates to your past, present or future physical
or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy
Practices. We may change the terms of our notice at any time. The new
notice will be effective for all protected health information that we
maintain both before and after the change. Upon your request, we will
provide you with any revised Notice of Privacy Practices by calling the
office and requesting that a revised copy be sent to you in the mail or
asking for one at the time of your next appointment.
1. Uses and Disclosures of Protected Health Information
Uses and Disclosures of Protected Health Information
You will be asked by your physician to sign this Notice of Privacy
Practices. We will make a good faith effort to obtain a written
acknowledgement that you received this Notice of Privacy Practices for
Protected Health Information the first time we provide services to you
after April 1, 2007 or as soon as reasonably practicable under the
circumstances. Your protected health information may be used and
disclosed by your physician, our office staff and others outside of our
office that are involved in your care and treatment for the purpose of
providing health care services to you. Your protected health
information may also be used and disclosed to obtain payment for your
health care bills and to support the operation of the physician’s
practice.
Following are examples of the types of uses and disclosures of your
protected health care information that the physician’s office is
permitted to make. These examples are not meant to be exhaustive, but
to describe the types of uses and disclosures that may be made by our
office.
Treatment.
We will use and disclose your protected health information to provide,
coordinate or manage your health care and any related services. This
includes the coordination or management of your health care with a
third party that may need access to your protected health information.
For example, we would disclose your protected health information, as
necessary, to a home health agency that provides care to you. We will
also disclose protected health information to other physicians who may
be treating you. For example, your protected health information may be
provided to a physician to whom you have been referred to ensure that
the physician has the necessary information to diagnose or treat you.
In addition, we may disclose your protected health information from
time-to-time to another physician or health care provider (e.g., a
specialist or laboratory) who, at the request of your physician,
becomes involved in your care by providing assistance with your health
care diagnosis or treatment to your physician.
Payment.
Your protected health information will be used, as needed, to obtain
payment for your health care services. This may include certain
activities that your health insurance plan may undertake before it
approves or pays for the health care services we recommend for you such
as: making a determination of eligibility or coverage for insurance
benefits, reviewing services provided to you for medical necessity and
undertaking utilization review activities. For example, obtaining
approval for a hospital stay may require that your relevant protected
health information be disclosed to the health plan to obtain approval
for the hospital admission.
Healthcare Operations.
We may use or disclose, as needed, your protected health information in
order to support the business activities of your physician’s practice.
These activities include, but are not limited to, quality assessment
activities, employee review activities, training of medical students,
licensing, and conducting or arranging for other business activities.
For example, we may disclose your protected health information to
medical school students that see patients at our office. In addition,
we may use a sign-in sheet at the registration desk where you will be
asked to sign your name and indicate your physician. We may also call
you by name in the waiting room when your physician is ready to see
you. We may use or disclose your protected health information, as
necessary, to contact you to remind you of your appointment.
We will share your protected health information with third party
“business associates” that perform various activities (e.g., billing,
transcription services) for the practice. Whenever an arrangement
between our office and a business associate involves the use or
disclosure of your protected health information, we will have a written
contract that contains terms that will protect the privacy of your
protected health information.
We may use or disclose your protected health information, as necessary,
to provide you with information about treatment alternatives or other
health-related benefits and services that may be of interest to you. We
may also use and disclose your protected health information for other
marketing activities. For example, your name and address may be used to
send you a newsletter about our practice and the services we offer. We
may also send you information about products or services that we
believe may be beneficial to you. You may contact our Privacy Contact
to request that these materials not be sent to you.
We may use or disclose your demographic information and the dates that
you received treatment from your physician, as necessary, in order to
contact you for fundraising activities supported by our office. If you
do not want to receive these materials, please contact our Privacy
Contact and request that these fundraising materials not be sent to you.
Uses and Disclosures of Protected Health Information Based Upon Your Written Authorization
Other uses and disclosures of your protected health information will be
made only with your written authorization, unless otherwise permitted
or required by law as described below. You may revoke this
authorization, at any time, in writing, except to the extent that your
physician or the physician’s practice has taken an action in reliance
on the use or disclosure indicated in the authorization.
Other Permitted and Required Uses and Disclosures that may be made without Your Authorization or Opportunity to Object
We may use and disclose your protected health information in the
following instances. You have the opportunity to agree or object to the
use or disclosure of all or part of your protected health information.
If you are not present or able to agree or object to the use or
disclosure of the protected health information, then your physician
may, using professional judgment, determine whether the disclosure is
in your best interest. In this case, only the protected health
information that is relevant to your health care will be disclosed.
Facility Directories.
Unless you object, we will use and disclose in our facility directory
your name, the location at which you are receiving care, your condition
(in general terms), and your religious affiliation. All of this
information, except religious affiliation, will be disclosed to people
that ask for you by name. Members of the clergy will be told your
religious affiliation.
Others Involved in Your
Healthcare. Unless you object, we may disclose to a member of your
family, a relative, a close friend or any other person you identify,
your protected health information that directly relates to that
person’s involvement in your health care. If you are unable to agree or
object to such a disclosure, we may disclose such information as
necessary if we determine that it is in your best interest based on our
professional judgment. We may use or disclose protected health
information to notify or assist in notifying a family member, personal
representative or any other person that is responsible for your care of
your location, general condition or death. Finally, we may use or
disclose your protected health information to an authorized public or
private entity to assist in disaster relief efforts and to coordinate
uses and disclosures to family or other individuals involved in your
health care.
Emergencies.
We may use or disclose your protected health information in an
emergency treatment situation. If this happens, your physician shall
try to obtain your acknowledgement of our Privacy Practices as soon as
reasonably practicable after the delivery of treatment. If your
physician or another physician in the practice is required by law to
treat you and the physician has attempted to obtain your
acknowledgement, but is unable, he or she may still use or disclose
your protected health information for treatment, payment, and health
care operations.
Communication Barriers.
We may use and disclose your protected health information if your
physician or another physician in the practice attempts to obtain an
acknowledgement of our Privacy Practices from you, but is unable to do
so due to substantial communication barriers.
Other
Permitted and Required Uses and Disclosures that may be made without
Your Consent, Authorization or Opportunity to Object
We may use or disclose your protected health information in the
following situations without your acknowledgement or authorization.
These situations include:
• Required by Law
• Public Health
• Communicable Diseases
• Health Oversight
• Abuse or Neglect
• Food and Drug Administration
• Legal Proceedings
• Law Enforcement
• Coroners, Funeral Directors and Organ Donation
• Research
• Criminal Activity
• Military Activity and National Security
• Workers’ Compensation
• Inmates
• Required Uses and Disclosures
2. Your Rights
Following is a statement of your rights with respect to your protected
health information and a brief description of how you may exercise
these rights.
You have the right to inspect and copy your protected health
information. This means you may inspect and obtain a copy of protected
health information about you that is contained in a designated record
set for as long as we maintain the protected health information. A
“designated record set” contains medical and billing records and any
other records that your physician and the practice uses for making
decisions about you.
Under federal law, however; you may not inspect or copy the following
records: psychotherapy notes; information compiled in reasonable
anticipation of, or use in, a civil, criminal, or administrative action
or proceeding; and protected health information that is subject to law
that prohibits access to protected health information. Depending on the
circumstances, a decision to deny access may be reviewable. In some
circumstances, you may have a right to have this decision reviewed.
Please contact our Privacy Contact if you have questions about access
to your medical record.
You
have the right to request a restriction of your protected health
information. This means you may ask us not to use or disclose any part
of your protected health information for the purposes of treatment,
payment or healthcare operations. You may also request that any part of
your protected health information not be disclosed to family members or
friends who may be involved in your care or for notification purposes
as described in this Notice of Privacy Practices. Your request must
state the specific restriction requested and to whom you want the
restriction to apply.
Your physician is not required to
agree to a restriction that you may request. If a physician believes it
is in your best interest to permit use and disclosure of your protected
health information, your protected health information will not be
restricted. If your physician does agree to the requested restriction,
we may not use or disclose your protected health information in
violation of that restriction unless it is needed to provide emergency
treatment. With this in mind, please discuss any restriction you wish
to request with your physician. You may request a restriction by
submitting a written request to our Privacy Contact.
You have the right to request to receive confidential communications
from us by alternative means or at an alternative location. We will
accommodate reasonable requests. We may also condition this
accommodation by asking you for information as to how payment will be
handled or specification of an alternative address or other method of
contact. We will not request an explanation from you as to the basis
for the request. Please make this request in writing to our Privacy
Contact.
You may have the right to have your physician amend your protected
health information. This means you may request an amendment of
protected health information about you in a designated record set for
as long as we maintain this information. In certain cases, we may deny
your request for an amendment. If we deny your request for amendment,
you have the right to file a statement of disagreement with us and we
may prepare a rebuttal to your statement and will provide you with a
copy of any such rebuttal. Please contact our Privacy Contact if you
have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures we
have made, if any, of your protected health information. This right
applies to disclosures for purposes other than treatment, payment or
healthcare operations and valid authorizations or incidental
disclosures as described in this Notice of Privacy Practices. It
excludes disclosures we may have made to you, for a facility directory,
to family members or friends involved in your care, or for notification
purposes. You have the right to receive specific information regarding
these disclosures that occurred after April 1, 2007. You may request a
shorter timeframe. The right to receive this information is subject to
certain exceptions, restrictions and limitations.
You have the right to obtain a paper copy of this notice from us, upon
request, even if you have agreed to accept this notice electronically.
3. Complaints
You may complain to us or to the Secretary of Health and Human Services
if you believe your privacy rights have been violated by us. You may
file a complaint with us by notifying our Privacy Contact of your
complaint. We will not retaliate against you for filing a complaint.
You may contact our Privacy Contact, David Alessi, M.D., at
310-657-2253 for further information about the complaint process.
This notice was published and becomes effective on April 1, 2007.