All About NuageDx VNA
All About NuageDx
NuageDx is an interactive cloud-based system that will provide attorneys with a seamless, timesaving, cost-effective way to collaborate and consult with healthcare professionals, consultants, and others in the legal community.
No need to copy, store or mail discs containing medical images. The medical images from the discs can be directly uploaded into the Client’s Profile and then immediately viewed in the NuageDx viewer during a video conference.
Features That Matter
The Reasons You’ll Love It
File Sharing
You will have an amazing sharing system, as owner you will have admins, consultants and associates.
Sharing your files will be super easy.
Medical Images Viewer
Use a web Medical Images Viewer, you can see all your studies, make annotations and use a lot of tools.
Meetings
Schedule meetings for a video conference with your partners, clients or other users. Invite them by email notification, integrate Google Calendar, Office 365 and Outlook.
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Privacy Policy
Protecting your private information is our priority. This statement of privacy applies to www. NuageDx.com and Medical Insights Diagnostic Centers Inc. (www.MIDxC.com )and governs data collection and usage. The purpose of this Privacy Policy, unless otherwise noted, all references to Medical Insights Diagnostic Centers Inc. include www. NuageDx.com and MIDxC.com. By using the MIDxC or Nuage website you consent to the data practices described in this statement.
Collection of your Personal Information
In order to provide you with products and services offered to our site, MIDxC may collect personally identifiable information such as:
- Your first and last name
- Billing address
- Email address
- Phone number
If you purchase MIDxC ‘s products and services, we collect billing in credit card information. This information is used to complete the purchase transaction.
We did not collect any personal information about unless you personally provided it to us. However, you may be required to provide certain personal information to us when you elect to use certain products and services available on the Site. This may include: (a) registering for an account on our site; (b) sending us an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. We will use her information for, but not limited to communicating with you in relation to services and/or products you had requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
MIDxC collects and uses your personal information to operates website delivering the services you have requested.
MIDxC may also use her personal identifiable information to inform you of the products of service available from MIDxC and its affiliates.
Sharing information with third parties
MIDxC does not sell, rent, or release customer lists to third parties. MIDxC may share with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support a more arrange for deliveries. Also, such third parties are prohibited from using your personal information except to provide the services to MIDxC, and they are required to maintain the confidentiality of your information.
MIDxC may disclose your personal information without notice if required to do so by law or in the good faith belief that such action is necessary to: (a) conform the edicts of the law or comply with legal process served on or MIDxC or the site; (b) protected and defend the rights or property of MIDxC and/or (c) packed under exigent circumstances to protect the personal safety of users of MIDxC , or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by MIDxC. This information may include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation the service, to maintain quality of the service, and to provide general statistics regarding use of the MIDxC website.
Use of Cookies
The MIDxC website may use cookies to help you personalize her online experience. A cookie is a text file placed on your hard disc by a web page server. Cookies cannot be used to run programs and deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of the cookie is to provide a convenience feature to save you time. The purpose of a cookies to tell the Web server that you have returned to a specific page. For example, if you personalize MIDxC pages, or register with MIDxC site or services, a cookie helps MIDxC to recall specific information on subsequent visits. The simplified the process of recording her personal information, such as billing addresses, shipping addresses. When you return to the same MIDxC website the information you previously provided can be retrieved and can easily use the MIDxC features that you have customized.
You have the ability to accept or decline cookies. Most web browser have automatically except cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience interactive features of MIDxC services websites you visit.
Security of your Personal Information
MIDxC secures a personal information from unauthorized access use or disclosure. MIDxC uses the following method for this purpose:
- OWASP Top Ten Verified
- 2- factor authentication
- Strong Passwords
- Password expiry 60 day
- Malware screening
- Session timeout – 2 hour
- Audit Log
- Hosted on the Secure Google Cloud Platform
- PCI Compliance via Recurly for subscription payment
- SSL protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption such as a Secure Socket Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access or to alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result while we strive to protect your personal information, you acknowledge (a) that there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchange between you and us through the site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a very firm request from you, we will:
- Delete your personal information from records; and
- Direct any service providers delete your personal information from the records.
Please note that we may not be able to comply with request to delete personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, are reasonably anticipated within the context of her ongoing visits relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for the activity;
Debug to identify and repair errors that impair existing intended functionality; - Comply with the California electronic communications privacy act;
- Enable internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with existing legal obligations; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided information.
E-mail Communications
From time to time MIDxC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmation, surveys, and/or other general communications.
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to the statement
MIDxC reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) knowledge of the modified privacy policy; and (b) agreement to abide be bound by that policy.
Contact Information
MIDxC welcomes your questions or comments regarding this Statement of Privacy. If you believe the MIDxC has not adhered to the statement, please contact MIDxC at:
Medical Insights Diagnostic Centers Inc.
14 Avenue Andra
Palm Desert, CA 92260
Email address: management@nuagedx.com
Telephone number: 888-287-8945
Effective as of June 30, 2020
HIPAA Business Associate Addendum
Preamble: Your organization will be accepting the Medical Insights Diagnostic Centers, Inc. Cloud Platform HIPAA Business Associate Addendum, please verify that the Contact Information is correct and that the person listed is a qualified representative from your organization. That person needs to read and accept our terms and conditions to initiate the Medical Insights Diagnostic Centers, Inc. Cloud Platform HIPAA Business Associate Addendum.
Effective Date: Coincides with the start of subscription.
HIPAA Business Associate Addendum
This HIPAA Business Associate Addendum (“BAA”) is entered into between Medical Insights Diagnostic Centers, Inc (“Medical Insights Diagnostic Centers, Inc. dba Nuage Diagnostics aka NuageDx) and the customer agreeing to the terms below (“Customer”), and supplements, amends and is incorporated into the Services Agreement(s) (defined below) solely with respect to Covered Services (defined below). This BAA will be effective when Customer clicks to accept this Agreement (the “BAA Effective Date”).
Customer must have an existing Services Agreement in place for this BAA to be valid and effective. Together with the Services Agreement, this BAA will govern each party’s respective obligations regarding Protected Health Information (defined below).
You represent and warrant that (i) you have the full legal authority to bind Customer to this BAA, (ii) you have read and understand this BAA, and (iii) you agree, on behalf of Customer, to the terms of this BAA. If you do not have legal authority to bind Customer, or do not agree to these terms, please do not sign or click to accept the terms of this BAA.
1. Definitions. Any capitalized terms used but not otherwise defined in this BAA will have the meaning given to them in either (a) HIPAA and the HITECH Act or (b) the Services Agreement(s).
“Business Associate” has the definition given to it under HIPAA.
“Breach” has the definition given to it under HIPAA. A Breach will not include an acquisition, access, use, or disclosure of PHI with respect to which Medical Insights Diagnostic Centers, Inc. has determined in accordance with 45 C.F.R. § 164.402 that there is a low probability that the PHI has been compromised.
“Covered Entity” has the definition given to it under HIPAA.
“Covered Services” means the Medical Insights Diagnostic Centers, Inc. and Google products and services specifically identified at https://cloud.google.com/security/compliance/hipaa/ as being covered by the Google Cloud Platform BAA (BAA from Google) . and Nuage Terms and Conditions Of Service.
(b) Medical Insights Diagnostic Centers, Inc. may use and disclose PHI for the proper management and administration of Medical Insights Diagnostic Centers, Inc.’s business and to carry out the legal responsibilities of Medical Insights Diagnostic Centers, Inc., provided that any disclosure of PHI for such purposes may only occur if: (1) Required by Law; or (2) Medical Insights Diagnostic Centers, Inc. obtains written reasonable assurances from the person to whom PHI will be disclosed that it will be held in confidence, used only for the purpose for which it was disclosed, and that Medical Insights Diagnostic Centers, Inc. will be notified of any Security Breach. BAA from Google.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996 and the rules and the regulations thereunder, as amended.
“HIPAA Implementation Guide” means the informational guide that Google makes available describing how the Covered Services may be configured by Customer in connection with Customer’s HIPAA compliance efforts. The HIPAA Implementation Guide for the Covered Services is available for review at the following URL: https://cloud.google.com/security/compliance/hipaa/.
“HITECH Act” means the Health Information Technology for Economic and Clinical Health Act enacted in the United States Congress, which is Title XIII of the American Recovery & Reinvestment Act, and the regulations thereunder, as amended.
“Protected Health Information” or “PHI” has the definition given to it under HIPAA and for purposes of this BAA is limited to PHI within Customer Data to which Medical Insights Diagnostic Centers, Inc. has access through the Covered Services in connection with Customer’s permitted use of Covered Services.
“Security Breach” means any Breach of Unsecured PHI or Security Incident of which Medical Insights Diagnostic Centers, Inc. becomes aware.
“Security Incident” has the definition given to it under HIPAA.
“Services Agreement(s)” means the written agreement(s) entered into between Medical Insights Diagnostic Centers, Inc. and Customer for provision of the Covered Services, which agreement(s) may be in the form of online terms of service. “Unsecured PHI” has the definition given to it under HIPAA.
2. Applicability. This BAA applies to the extent Customer is acting as a Covered Entity or a Business Associate to create, receive, maintain, or transmit PHI via a Covered Service and to the extent Medical Insights Diagnostic Centers, Inc., as a result, is deemed under HIPAA to be acting as a Business Associate or Subcontractor of Customer. Customer acknowledges that this BAA does not apply to, or govern, any other Medical Insights Diagnostic Centers, Inc. product, service, or feature that is not a Covered Service.
3. Use and Disclosure of PHI.
(a) Except as otherwise stated in this BAA, Medical Insights Diagnostic Centers, Inc. may use and disclose PHI only as permitted or required by the Services Agreements and/or this BAA or as Required by Law.
(b) Medical Insights Diagnostic Centers, Inc. may use and disclose PHI for the proper management and administration of Medical Insights Diagnostic Centers, Inc.’s business and to carry out the legal responsibilities of Medical Insights Diagnostic Centers, Inc., provided that any disclosure of PHI for such purposes may only occur if: (1) Required by Law; or (2) Medical Insights Diagnostic Centers, Inc. obtains written reasonable assurances from the person to whom PHI will be disclosed that it will be held in confidence, used only for the purpose for which it was disclosed, and that Medical Insights Diagnostic Centers, Inc. will be notified of any Security Breach. Google BAA covering Medical Insights Diagnostic Centers, Inc.
(c) Medical Insights Diagnostic Centers, Inc. has no obligations under this BAA with respect to any PHI that Customer creates, receives, maintains, or transmits outside of the Covered Services (including Customer’s use of its offline or on premise storage tools or third-party applications) and this BAA will not apply to any PHI created, received, maintained or transmitted outside of the Covered Services.
4. Customer Obligations.
(a) Customer may only use the Covered Services to create, receive, maintain, or transmit PHI. Customer is solely responsible for managing whether Customer’s End Users are authorized to share, disclose, create, and/or use PHI within the Covered Services.
(b) Customer will not request that Medical Insights Diagnostic Centers, Inc. or the Covered Services use or disclose PHI in any manner that would not be permissible under HIPAA if done by Customer (if Customer is a Covered Entity) or by the Covered Entity to which Customer is a Business Associate (unless expressly permitted under HIPAA for a Business Associate).
(c) For End Users that use the Covered Services in connection with PHI, Customer will use controls available within the Services, including those detailed in the HIPAA Implementation Guide, to ensure its use of PHI is limited to the Covered Services. Customer acknowledges and agrees that the HIPAA Implementation Guide is provided by Google solely as an informational guide with respect to Customer’s configuration options, and that Customer is solely responsible for ensuring that its and its End Users’ use of the Covered Services complies with HIPAA and HITECH.
(d) Customer will take appropriate measures to limit its use of PHI to the Covered Services and will limit its use within the Covered Services to the minimum extent necessary for Customer to carry out its authorized use of such PHI.
(e) Customer warrants that it has obtained and will obtain any consents, authorizations and/or other legal permissions required under HIPAA and/or other applicable law for the disclosure of PHI to Medical Insights Diagnostic Centers, Inc.. If there are any changes in, or revocation of, the permission given by an Individual for use or disclosure of PHI, Customer is responsible for managing its use of the Covered Services accordingly to update and/or delete such PHI in the Covered Services.
5. Appropriate Safeguards. Medical Insights Diagnostic Centers, Inc. and Customer will each use appropriate safeguards designed to prevent against unauthorized use or disclosure of PHI, and as otherwise required under HIPAA, with respect to the Covered Services.
6. Reporting.
(a) Subject to Section 6(d), Medical Insights Diagnostic Centers, Inc. will promptly notify Customer following Medical Insights Diagnostic Centers, Inc.’s Discovery of a Security Breach in accordance with HIPAA and in the most expedient time possible under the circumstances, consistent with the legitimate needs of applicable law enforcement and applicable laws, and after taking any measures Medical Insights Diagnostic Centers, Inc. deems necessary to determine the scope of the Security Breach and to restore the reasonable integrity of Medical Insights Diagnostic Centers, Inc.’s systems.
(b) To the extent practicable, Medical Insights Diagnostic Centers, Inc. will use commercially reasonable efforts to mitigate any further harmful effects of a Security Breach caused by Medical Insights Diagnostic Centers, Inc.
(c) Medical Insights Diagnostic Centers, Inc. will send any applicable Security Breach notifications to the notification email address provided by Customer in the Services Agreement or via direct communication with the Customer.
(d) Notwithstanding Section 6(a), this Section 6(d) will be deemed as notice to Customer that Google periodically receives unsuccessful attempts for unauthorized access, use, disclosure, modification or destruction of information, or interference with the general operation of Google’s information systems and the Covered Services. Customer acknowledges and agrees that even if such events constitute a Security Incident as that term is defined under HIPAA, Medical Insights Diagnostic Centers, Inc. will not be required to provide any notice under this BAA regarding such unsuccessful attempts other than this Section 6(d).
7. Subcontractors. Medical Insights Diagnostic Centers, Inc. will take appropriate measures to ensure that any Subcontractors used by Medical Insights Diagnostic Centers, Inc. to perform its obligations under the Services Agreements that require access to PHI on behalf of Medical Insights Diagnostic Centers, Inc. are bound by written obligations that provide the same material level of protection for PHI as this BAA. To the extent Medical Insights Diagnostic Centers, Inc. uses Subcontractors in its performance of obligations hereunder, Medical Insights Diagnostic Centers, Inc. will remain responsible for their performance as if performed by Medical Insights Diagnostic Centers, Inc.
8. Access and Amendment. Customer acknowledges and agrees that Customer is solely responsible for the form and content of PHI maintained by Customer within the Covered Services, including whether Customer maintains such PHI in a Designated Record Set within the Covered Services. Medical Insights Diagnostic Centers, Inc. will provide Customer with access to Customer’s PHI via the Covered Services so that Customer may fulfill its obligations under HIPAA with respect to Individuals’ rights of access and amendment but will have no other obligations to Customer or any Individual with respect to the rights afforded to Individuals by HIPAA with respect to Designated Record Sets, including rights of access or amendment of PHI. Customer is responsible for managing its use of the Covered Services to appropriately respond to such Individual requests.
9. Accounting of Disclosures. Medical Insights Diagnostic Centers, Inc. will document disclosures of PHI by Medical Insights Diagnostic Centers, Inc. and provide an accounting of such disclosures to Customer as and to the extent required of a Business Associate under HIPAA and in accordance with the requirements applicable to a Business Associate under HIPAA.
10. Access to Records. To the extent required by law, and subject to applicable attorney client privileges, Medical Insights Diagnostic Centers, Inc. will make its internal practices, books, and records concerning the use and disclosure of PHI received from Customer, or created or received by Medical Insights Diagnostic Centers, Inc. on behalf of Customer, available to the Secretary of the U.S. Department of Health and Human Services (the “Secretary”) for the purpose of the Secretary determining compliance with this BAA
11. Expiration and Termination.
(a) This BAA will terminate on the earlier of (i) a permitted termination in accordance with Section 11(b) below, or (ii) the expiration or termination of all Services Agreements under which Customer has access to a Covered Service.
(b) If either party materially breaches this BAA, the non-breaching party may terminate this BAA on 10 days’ written notice to the breaching party unless the breach is cured within the 10-day period. If a cure under this Section 11(b) is not reasonably possible, the non-breaching party may immediately terminate this BAA, or if neither termination nor cure is reasonably possible under this Section 11(b), the non breaching party may report the violation to the Secretary, subject to all applicable legal privileges.
(c) If this BAA is terminated earlier than the Services Agreements, Customer may continue to use the Services in accordance with the Services Agreements, but must delete any PHI it maintains in the Covered Services and cease to further create, receive, maintain, or transmit such PHI to Medical Insights Diagnostic Centers, Inc.
12. Return/Destruction of Information. On termination of the Services Agreements, Medical Insights Diagnostic Centers, Inc. will return or destroy all PHI received from Customer, or created or received by Medical Insights Diagnostic Centers, Inc. on behalf of Customer; provided, however, that if such return or destruction is not feasible, Medical Insights Diagnostic Centers, Inc. will extend the protections of this BAA to the PHI not returned or destroyed and limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible.
13. Miscellaneous.
(a) Survival. Sections 12 (Return/Destruction of Information) and 13 (Miscellaneous) will survive termination or expiration of this BAA.
(b) Counterparts. The parties may execute this BAA in counterparts, including facsimile, PDF or other electronic copies, which taken together will constitute one instrument.
(c) Effects of Addendum. To the extent this BAA conflicts with the remainder of the Services Agreement(s), this BAA will govern. This BAA is subject to the “Governing Law” section in the Services Agreement(s). Except as expressly modified or amended under this BAA, the terms of the Services Agreement(s)
MIDXC Google Contract
TERMS AND CONDITIONS
A. ACKNOWLEDGMENTS. User acknowledges and agrees to each of the following:
By clicking “I agree With Terms of Service” and “I have read and accept the BAA”:
a) User acknowledges that they have read, understand, and agree to each and every term of this Contract.
b) If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don’t have the legal authority to bind, please do not click the “Accepted and Agreed” button below.
c) I am also accepting this Medical Insights Diagnostic Centers, Inc. Business Associate Agreement (BAA with Subscribers) on behalf of the entity (Subscriber to the Nuage Diagnostic application, aka NuageDx). I represent and warrant that (a) I have full legal authority to bind the entity to this Agreement, (b) I have read and understand this Agreement, and (c) I agree to all terms and conditions of this Agreement on behalf of the entity that I represent.
i. The initial term of this Contract is based on the subscription level User chooses. (See Attachment A).
ii. NuageDx is not a legal or medical consultant and provides no such services.
iii. NuageDx has explained to User the full range of services that NuageDx can provide User. Additional services over those identified in this Contract may be available and may be purchased from NuageDx at an additional cost to User. User has selected and purchased only the services identified in User’s subscription designation. (See Section C.1. and www.NuageDx.com)
iv. Cloud based systems cannot provide complete protection or guarantee prevention of loss of information, files, or records. User agrees to backup and keep copies of all files that are being uploaded into the Nuage App. By using this service User acknowledges that they have a copy of all files they store on the NuageDx App backed up in another location within User’s custody or control. User therefore acknowledges and agrees that NuageDx bears no liability whatsoever to User, or any other party, for any data loss that may occur on the NuageDx App. Additionally, NuageDx cannot guarantee against theft of confidential information, or other data, of User’s by the illegal acts of third parties – User expressly acknowledges the risk that information, including confidential information, may be stolen as a result of User’s use of the NuageDx App and agrees that NuageDx bears no liability whatsoever to User, or any other party, for any such loss.
v. This Contract requires final approval by a NuageDx authorized manager before NuageDx may provide any services, and if approval is denied, then this Contract will be terminated, and NuageDx’s only obligation will be to notify User of such termination and refund any amounts User paid NuageDx in advance.
vi. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE OTHER PARTY.
B. DEFINITIONS
i. “Contract Term” is either 1 year or 3 years, depending on the subscription User selects, as set forth in Attachment A.
ii. “Familiarization Period” is a 30 calendar day period beginning on the date this Contract is entered into, and ending after 30 days from such date. The 1st day of the Familiarization Period is also the start of the Contract Term. (i.e. the start of the Familiarization Period and start of the Contract Term are the same day). If this Contract is renewed after the Contract Term, no Familiarization Period applies to the renewed Contract Term.
iii. “NuageDx App” refers to the HIPAA compliant, cloud-based software application that User is provided access to pursuant to the terms of this Contract.
iv. “ACH” means an Automated Clearing House.
v. “Contract Termination Charges” are an amount of money equal to 75% of the remaining Service Charges for the Contract Term, owed by User to NuageDx, if User cancels this Contract after the Familiarization Period and before 30 days from the Renewal. Anniversary.
vi. “Transaction Date” is the date NuageDx attempts to collect payment from User, for any charges owed to NuageDx under this Contract.
vii. “Service Charge” or “Service Charges” mean to the monthly, annual, or lump sum fees for NuageDx’s services – the Service Charges are set forth in Attachment A.
viii. “Overage Charges” are those charges outside of the Service Charges – the Overage Charges are identified in Attachment A.
ix. “NSF” means non-sufficient funds. “NSF Charge(s)” means the charges imposed by NuageDx’s financial service provider resulting from User’s NSF when processing any payments owed by User to NuageDx under this Contract.
x. “Renewal Anniversary” means the 1st annual anniversary (for 1 year subscriptions) of the 1st day of the Contract Term, or the 3rd annual anniversary (for 3 year subscriptions) of the 1st day of the Contract Term.
xi. “Notice” means any notice required pursuant to this Contract. Notice to NuageDx must be by certified mail to: 40101 Monterey Blvd. Suite B1-327 Rancho Mirage, CA 92270. Notice to User will be provided to the contact information User provides NuageDx.
xii. “Parties” means User and NuageDx collectively, “Party” means either User or NuageDx individually.
xiii. “Dispute” means any dispute, claim or controversy arising out of or relating to this Contract or the breach, termination, enforcement, interpretation or validity thereof.
C. TERMS & CONDITIONS
1. Services to be Provided.
a. NuageDx will provide to User the NuageDX App, a HIPAA compliant cloud-based software application, that may be installed on User’s PC, Mac, smartphone, laptop, tablet, or any other device that will accept the application installation, for User’s use pursuant to the terms of this Contract.
b. The NuageDX App will allow User to organize and store files (documents, video, JPEG images, video discs, and DICOM medical studies).
c. The NuageDX App will provide User with videoconference capabilities that can be used to teleconference and screen share all the files User stores on the NuageDx App, and other files, with the recipient(s) of User’s teleconference invite.
d. Videoconference sessions and screen share of User’s files stored on the NuageDx App will allow User and any invited recipient(s) to simultaneously share and see all User’s files stored on the NuageDx App and the teleconference-invited recipient(s) files. These videoconference sessions may be recorded.
e. Recorded video conferences can be stored in the NuageDx App as a file.
2. Term and Termination.
a. The Contract will automatically renew on the Renewal Anniversary, for the same period of time as the initial Contract Term, unless terminated by NuageDX or User pursuant to the terms of this Contract.
b. User may terminate this Contract at any time within the Familiarization Period or within 30 days prior to the Renewal Anniversary, without incurring any Contract Termination Charges by providing NuageDx written Notice of the same using Attachment B, or by completing any cancellation form provided by NuageDx on NuageDx App or NuageDx’s website, within such time periods. If User terminates this Contract within 30 days prior to the Renewal Anniversary, User will still owe NuageDx the Service Charges, Overage Charges (if any), late charges (if any), and NSF Charges (if any) for the last month of the Contract Term, but will not owe any Contract Termination Charges. User may terminate this Contract at any other time by providing written Notice to NuageDx using Attachment B, or by completing any cancellation form provided by NuageDx on NuageDx App or NuageDx’s website, subject to payment of the Contract Termination Charges, and any other outstanding charges due under this Contract, including without limitation Overage Charges (if any), late charges (if any) and NSF Charges (if any), all of which are immediately due to NuageDx upon such termination.
c. If User fails to abide by the terms of this Contract, including without limitation timely payment of any Service Charges, Overage Charges or any other charges for which User is responsible under this Contract, NuageDx may terminate this Contract and or cease all service to User without Notice to User, among all other legal remedies available to NuageDx. NuageDx may terminate this Contract at any time for any other, or no, reason upon Notice to User. If NuageDx terminates this Contract due to damage to NuageDx’s equipment, and or technical problems, making it impractical for NuageDx to continue service, NuageDx will refund User a pro-rata amount of any advance payments made for services to be supplied after the date of such termination, less any amounts still due for services already rendered and for any other charges due; additionally, NuageDx will not assess Contract Termination Charges, if any.
3. Payments.
a. There is no finance charge or cost of credit associated with this Contract.
b. User must pay the Service Charges for access to the NuageDx App, and the services NuageDx provides pursuant to this Contract. The Service Charges depend on User’s subscription level, as set forth in Attachment A. User may be liable for Overage Charges on top of Service Charges, as set forth in Attachment A.
c. NuageDx may impose a one-time late charge, up to $5.00 on each payment that is more than ten(10) days past due.
d. If User prepays the total amount of payments due under this Contract prior to the end of the initial term of the Contract, there is no penalty or refund, except as provided in Section C.2. above.
e. By entering into this Contract, User authorizes NuageDx to withdraw from User’s bank account and/or charge User’s credit/debit card provided to NuageDx through an ACH for: (i) all charges as set forth in this Contract, including but not limited Service Charges, Overage Charges, Contract Termination Charges and NSF Charges; and all other charges and amounts for which User is liable under this Contract.
f. This authorization to withdraw from User’s bank account and/or charge User’s credit/debit card will remain in effect until: (1) termination of this Contract; and (2) payment is received by NuageDx for all outstanding charges and fees owed by User to NuageDx under this Contract. User may revoke this authorization only by notifying NuageDx and User’s bank or credit card company at least 30 days before the scheduled debit or charge or the termination date of this Contract. User agrees to notify NuageDx of any other changes in User’s account information at least 15 days prior to the next billing date. If the date or amount of the withdrawal changes, or if Contract Termination Charges apply, NuageDx will notify User at least 15 business days prior to the payment being collected. If a payment date falls on a weekend or holiday, payment may be collected on the next business day. Charges may be applied to User’s account each month, for monthly subscriptions, each year for annual subscriptions, or otherwise immediately after the Familiarization Period for lump sum subscriptions, on the Transaction Date determined by NuageDx. If an ACH transaction is rejected for NSF, NuageDx may attempt to process the charge again within 30 days, and User will be responsible for a NSF Charge.
g. The origination of ACH transactions to User’s account must comply with the provisions of U.S. law. User is an authorized user of the bank account or credit card account provided to NuageDx for payment of charges under this Contract, and User will not dispute payments under this Contract with User’s credit card company or bank so long as the amount corresponds to the terms of this Contract.
h. All charges are payable in advance of service provided, and set forth in Attachment A. The Contract Term is based on User’s subscription level, and defined in Section B. above. NuageDx services will begin upon completion of the install and assignment of username (UN), password (PW) and authentication of the User.
i. User understands that User’s initial charges will commence on day 31 after the end of the Familiarization Period (30 days after entering into this Contract). Initial withdrawal (1st payment) from User’s bank account and/or charge on User’s credit/debit card will be on day 31 of the Contract Term and will include payment for that month, year, or 3-year period (depending on subscription level) and Overage Charges of the prior month. Subsequent withdrawals from User’s bank account and/or charges on User’s credit/debit card will be based on User’s subscription level.
j. After the Familiarization Period, monthly, annual or lump sum Service Charges will be deducted from User’s designated bank account or credit card for the remainder of the Contract Term, as set forth in Attachment A. After the Renewal Anniversary the Contract will automatically renew, unless terminated pursuant to the terms of this Contract, and monthly, annual or lump sum Service Charge payments (depending on subscription level) will continue until the Contract is terminated.
k. Increase in Charges. NuageDx has the right to increase the Service Charges at any time after the Renewal Anniversary. If User provides NuageDx written Notice objecting to such increase within thirty (30) days of receiving NuageDx’s Notice of the increase, NuageDx may in its sole discretion reduce or waive the increase – if NuageDx does not reduce or waive the increase, then User may terminate this Contract effective thirty (30) days after NuageDx’s receipt of User’s written Notice of termination and User will not have to pay the Contract Termination Charges.
l. Additional Charges and Offset Rights. If NuageDx owes User money when this Contract ends, NuageDx has the right to deduct from any refund owed to User: (A) Service Charges for thirty (30) days, if User fails to give the required written termination Notice set forth herein; (B) any Contract Termination Charges User may owe; and (C) any other additional charges that User owes NuageDx. If the amount of the deduction equals or exceeds the amount that NuageDx owes User or if NuageDx owes User $5.00 or less, NuageDx will not be obligated to refund any amounts to User.
m. Upgrade / Downgrade. User may upgrade their subscription at any time – in which case the monthly, annual, or lump sum Service Charges will be adjusted accordingly for the remainder of the Contract Period. User may Downgrade to a lower level of subscription by Notice to NuageDx at least 30 calendar days prior to the Renewal Anniversary – such downgrade, and reduction in Service Charges, will take effect at the beginning of the renewed Contract Period. The monthly, annual or lump sum debit of Service Charges will continue and will be automatically renewed, along with a new Contract Term, for a 1 or 3 year period based on the subscription level User chooses pursuant to the terms of this Contract.
4. Liability.
a. Limitation of Liability. User agrees to waive, discharge and release NuageDx (including NuageDx’s officers, directors, shareholders, partners, members, managers, principals, insurers, assigns, attorneys, representatives, parent entities, sister entities, divisions, subsidiaries, predecessors, successors in interest, agents, employees, licensees, affiliates, contractors, servants, affinity marketers and their respective successors and assigns, collectively “Released Parties”) for loss or damage of any functionality to any: (1) hard copy material; (2) electronically stored information, files, or documents of every kind, including without limitation, DICOM medical images; and (3) any computer system, including hardware and software. User agrees, to the fullest extent permitted by law, to limit the liability of NuageDx for any and all claims, losses, costs, expenses, or damages of any nature whatsoever, including attorney and investigative fees and costs, from any claims, demands, and or causes of action for any actions or omissions related to this Contract, including without limitation any claims based on any data breach and or data theft, including without limitation confidential information, that may occur from User’s use of the NuageDx App, to 10% of the Service Charges or $500, whichever is greater. User agrees this is their sole and exclusive remedy for any legal action based on this Contract or the services provided by NuageDx. Under no circumstances will NuageDX be liable for more than what is stated in this paragraph, and under no circumstances will NuageDx be liable for any lost profits, lost revenue, lost opportunities, downtime, punitive damage, exemplary damages, or any consequential damages or costs, related to this Contract, or the services provided by NuageDx.
b. Indemnity. User shall DEFEND, INDEMNIFY AND HOLD HARMLESS NuageDx (including NuageDx’s officers, directors, shareholders, partners, members, managers, principals, insurers, assigns, attorneys, representatives, parent entities, sister entities, divisions, subsidiaries, predecessors, successors in interest, agents, employees, licensees, affiliates, contractors, servants, affinity marketers and their respective successors and assigns, collectively “Indemnified Parties”) FROM ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, WRONGFUL DEATH CLAIMS, DAMAGES, COSTS, LOSSES, EXPENSES AND LIABILITIES OF EVERY NATURE (including, without limitation, attorney fees and other costs incurred in connection with the defense of any such claims or actions or in the enforcement of this defense and indemnity obligation) whether based on tort, contract, or equitable principles, and whether based on intentional or unintentional acts or omissions, arising from or in connection with the provisions of this Contract, or NuageDx’s services provided herein. User’s obligation to defend and indemnify herein shall extend to, but not be limited to, any and all claims, demands, obligations, actions, causes of action, wrongful death claims, damages, costs, expenses and liabilities, (including, without limitation, attorneys’ fees and other costs incurred in the defense of claims or actions or in the enforcement of this defense and indemnity obligation) whether occurring before, during or after the performance of this Contract, which arise from the actions or omissions of User and/or User’s employees, agents, contractors, suppliers, subcontractors, officers, directors, shareholders, partners, members, insurers, assigns, attorneys, representatives, principals, parent entities, divisions, subsidiaries, successors in interest, licensees, affiliates or servants, or their respective successors and assigns. All indemnifications by User in this Contract in favor of NuageDx shall continue in full force and effect until all statutes of limitation pertaining to any relevant claim or cause of action have expired. User’s duty to defend is separate and distinct from User’s duty to indemnify, and arises upon the assertion of a claim or demand against NuageDx, regardless whether NuageDx has been found liable or whether NuageDx has incurred any cost or expense as a result of the claim.
c. Time to Bring Claim or Suit. No lawsuit, arbitration, judicial reference, or any legal action whatsoever may be brought against NuageDx after the shorter of: (A) 1 year after the date of loss; or (B) the time allowed by law.
d. Application of this Section. The provisions in this “Liability” section above apply no matter how the loss, damage, injury, or other consequence occurs, even if due to the performance or nonperformance by NuageDx of its obligations under this Contract or from Negligence (active or otherwise), Strict Liability, violation of any appliable consumer protection Law or any other theory of liability or alleged fault on the part of NuageDx, its agents or employees.
5. Other Party’s Limitation. If User purchases services from NuageDx through another business or person, or from NuageDx through a referral from another business or person, User agrees that such other business or person acts solely as an independent contractor and has no responsibility or liability to User for the performance or nonperformance of the services provided by NuageDx. User also agrees that any such business or person is entitled to the same rights as NuageDx under this Contract, including without limitation, the Section above titled “Liability.”
6. Other Terms & Conditions.
a. Forum and Arbitration.
i. Arbitration. Any dispute, claim or controversy arising out of or relating to this Contract or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, initiated by User, shall be determined by arbitration in San Diego, California before one retired judge as arbitrator. Arbitration is the only forum in which a dispute regarding this Contract, initiated by User, may be heard. User hereby expressly waives all rights, constitutional and otherwise, to have their disputes under this Contract determined by a jury trial or bench trial. The arbitration shall be administered by either: (1) JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules; or (2) American Arbitration Association (“AAA”) in accordance with its Commercial or other Arbitration Rules. Judgment on the arbitration award (“Award”) may be entered in any court having jurisdiction. Notwithstanding this arbitration provision, NuageDx may choose, in its sole discretion, to pursue any claim it has against User in any State, Federal or international Court having jurisdiction.
ii. Pre-Arbitration Notice Requirement. Before a Party initiates arbitration, or if NuageDx elects in its sole discretion to pursue a claim in State, Federal or international Court, the Party initiating the claim agrees to first provide to the other Party Notice that will contain: (a) a written description of the Dispute and the supporting documents and information, and (b) a specific request for money or other relief. NuageDx and User agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, either Party may commence an arbitration proceeding pursuant to the terms of this Contract, or a legal action in State or Federal Court if NuageDx in its sole discretion elects to do so.
iii. Governing Law. This Contract and the rights of the Parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
iv. FAA Applies. The Parties acknowledge that this Contract evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Contract shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The Parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
v. Confidentiality. The Parties shall maintain the confidential nature of the arbitration proceeding and the arbitration decision or award, including all hearings within the arbitration process, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an arbitration award or decision or its enforcement, or unless otherwise required by law or judicial decision.
vi. Attorney Fees & Costs to Prevailing Party. In any arbitration arising out of or related to this Contract, the arbitrator shall award to the prevailing party the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a Party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorney fees reasonably incurred by the prevailing party in connection with the arbitration. In any legal action in State, Federal, or international court, initiated by Nuagedx, the prevailing party is entitled to collect its reasonable attorney fees and costs from the non-prevailing party.
vii. Appeal. The Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Contract) with respect to any final award in any arbitration arising out of or related to this Contract.
viii. Waiver of Class Action Rights. In addition to User waiving their rights to have any Dispute regarding this Contract determined by a jury or bench trial, User also waives their right to participate in a representative capacity or participate as a member of any class action relating to this Contract or any Dispute. This means that all Disputes initiated by User will be arbitrated on an individual basis, between NuageDx and User only, without exception. A Dispute cannot be joined or consolidated with any other claim or action.
b. Ownership. All software, and intellectual property rights thereto, installed through the subscription of the Nuage App pursuant to this Contract shall be owned by NuageDx. NuageDx has the right upon termination of this Contract to remove, disable or abandon all or any of the software owned by NuageDx. If any service is disabled by NuageDx, Users understands and agrees that User will not be able to use the NuageDx App for any purpose. NuageDx understands and agrees that any of User’s cloud-based storage files uploaded to the NuageDx App by User are User’s property.
c. Installation. NuageDx will not install maintain or service any equipment of User’s pursuant to this Contract. Further, User represents and agrees to the following:
i. User owns the information and or files entered into the NuageDx App or otherwise has authority to use such information and or files for that purpose.
ii. User is responsible for obtaining compatible internet connectivity, and hardware, for use of the NuageDx App. NuageDx will have no liability for the maintenance, operation, non-operation, actuation, non-actuation, or erroneous actuation of any of User’s computers, smartphones, tablets internet connection or other devices required to use the NuageDx App.
d. Warranty.
i. Limited Warranty. NuageDx warrants that during the Contract Term the NuageDx App and any supporting software provided by NuageDx, under normal use, will substantially perform as intended and represented in this Contract. NuageDx will use commercially reasonable efforts to cause the NuageDx App and any supporting software provided by NuageDx to be free of any known computer virus or harmful, malicious, or hidden program, data, or other computer instructions whose purpose is to disrupt, damage, or interfere with the use of computer and telecommunications software or hardware for their normal purposes.
ii. Warranty Exclusions. NuageDx performs support services only during normal working hours (9AM – 5PM, PST). NuageDx does not warranty any hardware or software that are not part of the NuageDx App. If User requests NuageDx to perform warranty services outside normal working hours (9AM – 5PM, PST), User will pay for the services at NuageDx’s then-current rates for labor. The limited warranty provided under this Contract does not apply if NuageDx determines that any of the following conditions caused the need for service: (A) damage resulting from accidents, theft, pandemics, Acts of God, natural disasters, labor disputes, war, terrorism, force majeure, civil strife, electrical surge; (B) User fails to properly use the NuageDx App or alters it in any way; (C) User fails to properly follow the operating instructions for the NuageDx App; (D) trouble in User’s connectivity to the NuageDx App through telephone line, use of non-traditional telephone line or service (including but not limited to DSL, ADSL, VoIP, digital phone, internet-based phone, cellular, radio) or due to interruption of power; (E) loss or disruption of User’s internet connectivity; (F) alterations to User’s hardware or software systems; (G) alterations or damage to the NuageDx App caused by User or by a cause beyond NuageDx’s control.
iii. No Other Warranties. Other than the limited warranty provided above in this Contract, User understands and agrees that NuageDx makes no other guarantee or warranty of any kind, including without limitation implied warranty of merchantability or fitness for a particular purpose, with respect to the services NuageDx performs and or the NuageDx App.
e. Reporting to Credit Bureaus. In addition to all other remedies available to NuageDx for User’s breach of this Contract, NuageDx may report User’s delinquent payments to any and all credit bureaus as permitted by law.
f. Assignment. User may not assign this Contract without prior written consent from NuageDx. NuageDx has the right to assign this Contract or to subcontract any of its obligations under this Contract without my approval and without Notice to User.
g. Delays. NuageDx has no liability or responsibility to User or to any other entity for delays in the installation or repair of the NuageDx App, or any of its functionality, regardless the reason. NuageDx has no responsibility or liability for interruptions in service or resulting consequences, whether due to strike, riot, flood, fire, terrorism, pandemic, Acts of God, natural disasters, force majeure, or any other cause within or beyond NuageDx’s control. If there are any service interruptions, NuageDx has no obligation to provide User with substitute services.
h. Personal Information. User consents to NuageDx’s use of User’s personal information and that of third parties provided by User for the purpose of monitoring, setting up and administering User’s NuageDx services (including without limitation credit approval, invoicing and collecting) and providing information on new services.
User consents to NuageDx recording my telephone conversations with NuageDx representatives or assignee of this Contract.
i. Privacy Policy. NuageDx maintains a privacy policy applicable to this Contract, in Attachment C.
j. Confidentiality. All software is proprietary to NuageDx and/or NuageDx’s suppliers and is licensed or sub licensed to User on a non-exclusive basis. User will not: (a) disclose the software or any source code for the software to any third parties; (b) duplicate, reproduce, reverse engineer, modify, create derivative works from or copy all or any part of the NuageDx App or any software therein. NuageDx is not responsible or liable for any damages to or changes in the performance of User’s computer, smartphone or tablet following installation of any software or provision of services under this Contract. User agrees to receive any software updates and upgrades that NuageDx or its contractors send or remotely download.
k. Integration. This Contract constitutes the complete understanding between the Parties as to the subject matter of this Contract, and a fully integrated written memorialization of same. No prior or contemporaneous statements or writings may be considered in the interpretation of this Contract. This Contract may be modified only upon mutual agreement between the Parties, memorialized in a fully executed writing.
l. Severability. The Parties agree that, to the extent that any provision of this Contract is determined to be unenforceable, the unenforceable provision should be severed from the Contract or modified to comply with the law, without affecting the validity or enforceability of any of the other terms or provisions of the Contract.
ATTACHMENT A
The ultimate in medical image and file sharing for consultations and collaborations</em > | Free | Silver | Gold | Platinum |
---|---|---|---|---|
One (1) additional user- either associate or admin. | ||||
Owner (subscriber) can add additional users. | ||||
Each subscriber can simultaneously share same documents with one (1) administrator and one (1) associate of choice | ||||
Consultants: 3 at any one time. | ||||
Unlimited number of consultants/experts. | ||||
Video conference recording and storage | ||||
ZOOM MEETINGS: 4/month. | ||||
DICOM image disc upload and Cloud storage (medical imaging studies: (Limit 6 studies at any one time). | ||||
2TB /month storage comes with plan ** Unlimited storage as needed | ||||
4TB /month storage comes with plan ** Unlimited storage as needed | ||||
5TB /month storage comes with plan ** Unlimited storage as needed | ||||
Remote Client upload – discs and documents – no extra charge | ||||
Video conference transcription (coming soon) – no extra charge | ||||
Voice recognition (coming soon) – no extra charge |
Our Features (all our plans)
- Upload from Practice Management systems & Desktop.
- DICOM image disc upload and Cloud storage (medical imaging studies).
- Document and video (MP4, MOV, AVI) upload and Cloud storage.
- HIPAA Compliant Storage.
- Built-in Zoom video conference feature with unlimited Video conference time
and 300 participants/session. - Built-in DICOM viewer for medical imaging studies.
FREE Plan
- One (1) additional user- either associate or admin.
- Consultants: 3 at any one time.
- DICOM image disc upload and Cloud storage (medical imaging studies: (Limit 6
studies at any one time). - ZOOM MEETINGS: 4/month.
SILVER Plan $19.95/month with yearly renewable subscription</span >
- Each subscriber simultaneously shares same documents with (1) administrator
and/or (1) associate. - Unlimited number of consultants & experts.
- Unlimited Zoom Video conference time /session (300 participants/session).
- 2TB storage/month** (overage @ $0.20/GB/month).
GOLD Plan $24.95/month with yearly renewable subscription</span >
All the benefits of Silver plus:</span >
- Add 1 additional user (associate or administrator).
- 4TB storage/month** (overage @ $0.20/GB/month).
- Video conference recording and storage.
PLATINUM Plan $39.95/month with yearly renewable subscription</span >
All the benefits of Gold plus:
- Add UNLIMITED additional users (associates and/or administrators).
- 5TB storage/month** (overage @ $0.15/GB/month).
- Remote Client upload for documents and discs* (available soon at no extra
charge) . - Voice recognition input* (available soon at no extra charge).
- Zoom video conference transcription* (available soon at no extra charge).
**Cumulative storage/month for all documents, images, recordings, and video is
included in your monthly subscription pricing. You will incur an extra fee
based on the accumulated storage above your subscription level allocation
(overage).
ATTACHMENT B
CANCELLATION NOTICE. YOU MAY CANCEL THIS CONTRACT BY MAILING, VIA CERTIFIED MAIL, THIS CANCELLATION NOTICE AS SET FORTH BELOW. USER MAY ALSO CANCEL THIS CONTRACT BY COMPLETING AND SUBMITTING ANY CANCELLATION FORM PROVIDED BY NUAGEDX ON THE NUAGEDX APP OR NUAGEDX’S WEBSITE. PER THE CONTRACT’S TERMS, TERMINATION FEES MAY APPLY.
NOTICE TO:
NuageDx
ATTN: Sales Manager
40101 Monterey Blvd. Suite B1-327
Rancho Mirage, CA 92270
INCLUDE:
I HEREBY CANCEL THIS TRANSACTION. ___ / ___ / ______ (month / day / year)
OWNER’S NAME: _________________________________
OWNER’S SIGNATURE: _________________________________
ADDRESS OF SERVICE: _________________________________
PHONE CONTACT: _________________________________
E-MAIL ADDRESS: _________________________________
REASON FOR CANCELLATION:
ATTACHMENT C
Privacy Policy
Protecting your private information is our[1] priority. It is NuageDx’s policy to comply with all applicable privacy laws, including but not limited to the California Consumer Protection Act (CCPA), the EU General Data Protection Act (GDPR), the Virginia Consumer Data Protection Act (CDPA) and the Colorado Privacy Act (CPA), as well as the privacy policies of its third party vendors, including but not limited to Zoom, Google, and Microsoft (collectively “Privacy Laws & Policies”). NuageDx expressly reserves the right to modify this Privacy Policy at any time, without prior notice, if necessary or prudent to comply with any of the aforementioned privacy laws or policies.
This Privacy Policy constitutes notice to you, that NuageDx utilizes products and technology from third party vendors in providing NuageDx’s services, including but not limited to Zoom, Google and Microsoft.
This statement of privacy applies to www.NuageDx.com and Medical Insights Diagnostic Centers, Inc. (www.MIDxC.com) and governs data collection and usage. Unless otherwise noted, all references to Medical Insights Diagnostic Centers, Inc. include www.NuageDx.com and www.MIDxC.com. By using the MIDxC or Nuage website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to provide you with products and services offered to our site, NuageDx may collect personally identifiable information such as:
- Your first and last name
- Billing address
- Email address
- Phone number
If you purchase NuageDx’s products and services, we collect billing in credit card information. This information is used to complete the purchase transaction.
We did not collect any personal information about unless you personally provided it to us. However, you may be required to provide certain personal information to us when you elect to use certain products and services available on the Site. This may include: (a) registering for an account on our site; (b) sending us an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. We will use your information for, but not limited to communicating with you in relation to services and/or products you had requested from us. We also may gather additional personal or non-personal information in the future.
Additionally, we maintain personal information to any extent such personal information is included in the documentation you store on our site.
Use of Your Personal Information
NuageDx collects and uses your personal information to operates website delivering the services you have requested. NuageDx may also use your personal identifiable information to inform you of the products of service available from NuageDx and its affiliates.
Sharing Information With Third Parties
NuageDx does not sell, rent, or release customer lists to third parties. NuageDx may share with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support and arrange for deliveries. Also, such third parties are prohibited from using your personal information except to provide the services to NuageDx, and they are required to maintain the confidentiality of your information.
NuageDx may disclose your personal information without notice if required to do so by law or in the good faith belief that such action is necessary to: (a) conform the edicts of the law or comply with legal process served on or NuageDx or the site; (b) protected and defend the rights or property of NuageDx; and/or (c) under exigent circumstances to protect the personal safety of users of NuageDx, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by NuageDx. This information may include your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation the service, to maintain quality of the service, and to provide general statistics regarding use of the NuageDx website.
Use of Cookies
The MIDxC and NuageDx website may use cookies to help you personalize your online experience. A cookie is a text file placed on your hard disc by a web page server. Cookies cannot be used to run programs and deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of the cookie is to provide a convenience feature to save you time. The purpose of a cookies to tell the Web server that you have returned to a specific page. For example, if you personalize MIDxC or NuageDx pages, or register with MIDxC site, NuageDx site or services, a cookie helps NuageDx to recall specific information on subsequent visits. The simplified the process of recording her personal information, such as billing addresses, shipping addresses. When you return to the same MIDxC or NuageDx website the information you previously provided can be retrieved and can easily use the MIDxC or NuageDx features that you have customized.
You have the ability to accept or decline cookies. Most web browser have automatically except cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience interactive features and services of the MIDxC and NuageDx websites you visit.
Security of your Personal Information
NuageDx secures personal information from unauthorized access use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption such as a Secure Socket Layer (SSL) protocol. NuageDx uses the SSL protocol method for this purpose.
We strive to take appropriate security measures to protect against unauthorized access or to alteration of your personal information. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result while we strive to protect your personal information, you acknowledge: (a) that there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchange between you and us through the site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of written request from you, subject to the limitations below, we will:
- Delete your personal information from records; and
- Direct any service providers delete your personal information from the records.
Please note that we may not be able to comply with request to delete personal information if it is necessary to:
- Complete the transaction for which the personal information was collected, fulfill the terms of written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, are reasonably anticipated within the context of her ongoing visits relationship with you, or otherwise perform a contract between you and us;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for the activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the business’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- Comply with existing legal obligations; or
- Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided information.
E-mail Communications
From time to time NuageDx may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmation, surveys, and/or other general communications.
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to the statement
NuageDx reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) knowledge of the modified privacy policy; and (b) agreement to abide be bound by that policy.
Contact Information
NuageDx welcomes your questions or comments regarding this Statement of Privacy. If you wish to exercise any of your rights under the Privacy Laws & Policies, please contact MIDxC at:
Medical Insights Diagnostic Centers, Inc. dba Nuage Diagnostics
40101 Monterey Blvd. Suite B1-327
Rancho Mirage, CA 92270
Email address: management@midxc.com
Effective as of July 14, 2021
As used in this Attachment C, the terms “we” and “our” refer to NuageDx, and the terms “you” and “your” refer to User.
More about NuageDx
Users and Files Management
Have the ability to create, store & view a List of your Clients, Admins, Associates and Consultants/Experts
Can Store and then Share your Cient’s files, medical images, videos or anything from your desktop with others
Can schedule a Video Conference and simultaneously see, discuss and annotate the files and medical images while screen sharing with others
Medical Images Viewer
You and multiple consultants/experts can simultaneously view and discuss the images. Annotate the images while in video conference and save them for later review.
Video Conference
Schedule meetings for a video conference.
Simultaneously view and discuss the same images or files with one (1) or more of your Consultants, Expert Witnesses and others while in video conference.
You have the option to record and have the meetings transcribed.
No More discs
No need to copy, store or mail discs containing medical images. The medical images from the discs can be directly uploaded into the Client’s Profile and then immediately viewed in the NuageDx viewer during the video conference