Legal Notice AND TERMS OF USE
The materials on Foundation Medicine’s web site (FoundationMedicine.com) are provided by Foundation Medicine as a service to its customers and the general public and shall be used for informational purposes only.
By accessing and/or downloading materials from the FoundationMedicine.com web site, you agree to the terms of this Legal Notice and Terms of Use. If you do not agree to these terms, you are not authorized to use the FoundationMedicine.com web site or to download any materials from it.
Use of Personally Identifiable Information
Information submitted to Foundation Medicine through web forms or e-mail will be governed by Foundation Medicine’s Privacy Policy.
No Unlawful or Prohibited Use
As a condition of your use of the FoundationMedicine.com web site or its content, you agree to not use the web site or its content for any purpose that is unlawful or prohibited by these Terms of Use. The FoundationMedicine.com web site and its content may not be used in any manner that could damage, disable, overburden, or impair the FoundationMedicine.com web site or interfere with any other party's use and the FoundationMedicine.com web site. No content from the FoundationMedicine.com web site may be downloaded or otherwise exported in violation of United States law.
Personal and Non-Commercial Use
The FoundationMedicine.com web site is intended for personal, non-commercial use. The FoundationMedicine.com web site and its content are protected by United States copyright law. Except as specifically permitted, you may not copy, modify, distribute, transmit, display, publish, reproduce, license, create derivative works from, or sell any information obtained from the FoundationMedicine.com web site.
Links to Other Web Sites
The FoundationMedicine.com site may contain hyperlinks to web sites owned, operated, or controlled by other parties. Foundation Medicine provides these links as a convenience only, and Foundation Medicine does not endorse, warrant, or guarantee the products, services, or information described or offered on other parties’ web sites. Foundation Medicine does not control the content of other parties’ web sites. Accessing any other web site is undertaken at your own risk, and Foundation Medicine is not responsible for the completeness, accuracy, or reliability of any information, data, opinions, advice or statements made on these web sites.
Trademarks
Unauthorized use of any Foundation Medicine trademark, service mark, or logo may be a violation of federal and state trademark law. Foundation Medicine products, service marks, and logos referenced by the FoundationMedicine.com web site are trademarks or registered trademarks of Foundation Medicine and/or its affiliates in the United States and other countries. Other trademarks, products, service marks, or logos are the property of their respective owners.
FoundationMedicine.com Does Not Provide Medical or Professional Services Advice
Much of the information contained on the FoundationMedicine.com web site is presented for the purpose of general education for the public regarding cancer genomics and diagnostic testing, personalized cancer care, genomic research, and other general information concerning Foundation Medicine. Nothing contained on the FoundationMedicine.com web site is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided on FoundationMedicine.com should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the FoundationMedicine.com web site should not be relied upon for personal, medical, legal, technical, or financial decisions. It should not be used in place of the consultation or advice of a physician or other qualified healthcare provider. Should you have any healthcare related questions, please consult with your physician or other qualified health care provider promptly. The information contained on the FoundationMedicine.com web site is compiled from a variety of sources. Foundation Medicine does not, through the FoundationMedicine.com web site or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services.
No Warranties
FOUNDATION MEDICINE makes no representations or warranties about the suitability, reliability, availability, timeliness, completeness, OR accuracy of the information, services, OR related graphics contained on the FOUNDATIONMEDICINE.COM web site for any purpose. All such information, services, and related graphics are provided "as is" without warranty of any kind. founDATION MEDICINE hereby disclaims aLL express OR implied warranties and conditions with regard to the information, services, and related graphics, including all implied warranties OR conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability
In no event shall Foundation Medicine be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any claim for lost profits or lost data arising out of or in any way connected with the use or performance of the FoundationMedicine.com web site, or with any delay or inability to use the FoundationMedicine.com web site, whether arising in contract, tort, negligence, strict liability, or otherwise, even if Foundation Medicine has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the FoundationMedicine.com web site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the FoundationMedicine.com web site.
Updates
The information and services included in or available through the FoundationMedicine.com web site may include inaccuracies or typographical errors. Revisions are periodically made to the information contained on the FoundationMedicine.com web site. Foundation Medicine may make revisions, improvements, and/or changes to the FoundationMedicine.com web site at any time without notice.
Foundation Medicine may revise these Terms of Use at any time without notice. Certain provisions of these terms may be modified or superseded by legal notices or other terms located on particular pages within the FoundationMedicine.com web site. You are responsible for regularly reviewing these Terms of Use.
Contact Information
If you have any questions about Foundation Medicine’s Legal Notice and Terms of Use, please use the contact information listed on our Contact page.
Foundation Medicine Privacy Policy
Foundation Medicine, Inc. (“Foundation Medicine”) is committed to protecting the privacy of personal and health information of each person who visits the FoundationMedicine.com web site such that visitors will feel comfortable gathering information or making comments or inquiries. Toward that end, Foundation Medicine has developed the following privacy policy, which outlines how Foundation Medicine treats information we learn about you from your visit to our web site.
What personal information does Foundation Medicine collect?
Foundation Medicine obtains personally identifying information about you through its web site only if you volunteer such information by e-mail or comment to Foundation Medicine. The FoundationMedicine.com web site logs IP addresses, browser types, and other information for system administration purposes. We use this information to measure the number of visitors to each section of our site, to help make our site more useful, and to improve the value of the information available on our site. A user's session may be tracked in some cases, but we do not link sessions or IP addresses to any personally identifiable information.
If you choose to identify yourself by sending us an e-mail or filling out an online form:
We may use e-mail links or forms located on contact pages and other areas of the site to communicate with users and to allow them to contact us directly with any questions or comments. This information is used to respond directly to questions or comments. Any communication or material that you transmit to our site, by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, is, and will be treated as non-confidential and nonproprietary information. You should not communicate any personal health information. We may store the information users send in order to respond to requests, improve the site, or otherwise ensure quality.
In some cases, authorized third-party agents may need access to some of your personal information in order for us to complete a request that you have made. In such instance, we only provide third-party agents with the minimum amount of information needed to complete the requested service or transaction. By providing Foundation Medicine with your personal information, you agree to the foregoing. Otherwise, if you choose to provide us with personal information, either by e-mail or by filling out a form and submitting it to us through the web site, this information will not be released, disclosed, sold, or transferred to any outside source unless required for law enforcement or otherwise by law, or you have granted us permission to do so.
Here's what you should know about the security of the information you provide to us:
We do not forward your mail outside of Foundation Medicine nor do we collect your name and email address for any purpose other than to respond to your query. Nevertheless, you should be aware that e-mail is not necessarily secure against interception. If your communication contains sensitive or personal information, you may want to send it by postal mail.
About links to other web sites:
As a convenience, the Foundation Medicine web site may provide links to web sites maintained by other organizations that contain information that may be useful to our visitors. Foundation Medicine is not responsible for the content or privacy practices of any non-Foundation Medicine web site. Once you access another web site, you may be subject to privacy policies and other terms and conditions of use that differ from those of Foundation Medicine. Since we do not control web sites of other parties, we encourage you to review the privacy policies posted on these third-party sites. Foundation Medicine disclaims any responsibility for the policies, procedures or practices followed by non-Foundation Medicine web sites.
About "Cookies":
While visiting sites within the FoundationMedicine.com domain, you may encounter a web page that employs "cookies." A cookie is a small file that a web site transfers to your computer's hard disk allowing our server to "remember" specific information about your session while you are connected. Requests to send cookies from FoundationMedicine.com web pages are not designed to collect information about you, but only about your browser "session."
To protect your privacy, be sure to close your browser completely after you have finished using a web site that uses cookies. If you are concerned about the potential use of information gathered from your computer by cookies, you can set your browser to prompt you before it accepts a cookie. Most Internet browsers have settings that allow you identify and/or reject cookies.
Policy Updates
Foundation Medicine reserves the right to change or modify the terms of this Privacy Policy at any time.
Contact Information
If you have any questions about our privacy policy, please use the contact forms, phone numbers and/or email addresses listed on our Contact page.
HIPAA
NOTICE OF PRIVACY PRACTICES
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.
Foundation Medicine, Inc. (“Foundation Medicine”) is committed to obtaining, maintaining, using and disclosing patient protected health information in a manner that protects patient privacy. We urge you to read this Notice of Privacy Practices (“Notice”) carefully in order to understand both our commitment to the privacy of your protected health information and your rights.
Foundation Medicine is required by law to maintain the privacy of your protected health information and to provide you with a notice of our legal duties and privacy practices with respect to protected health information. This Notice describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other specified purposes that are permitted or required by law. The Notice also describes your rights with respect to your protected health information. "Protected health information" or "PHI" is information about you, including basic 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 follow the terms of this Notice. We will not use or disclose your protected health information without your written permission, except as described in this Notice. We reserve the right to change our practices and this Notice as and to the extent permitted by law and to make a new Notice effective for all protected health information we maintain. Upon your request, we will provide you with a revised Notice.
Examples of How We Use and Disclose Protected Health Information About You
Your PHI may be used and disclosed for treatment, payment, healthcare operations, and other purposes permitted or required by law. If we wish to use or disclose your PHI for other purposes, we would have to obtain your written authorization. Foundation Medicine may, however, use or disclose your PHI without specific authorization or permission for certain purposes, including:
Treatment: Foundation Medicine may use your health information to provide and coordinate the treatment and services you receive. For example, we may use your information to perform diagnostic tests, or provide your test results to your physician.
Payment: Foundation Medicine may use and disclose your health information to others for purposes of receiving payment for treatment and services that you receive. For example, we will submit a claim to you or your health plan/insurer that includes information that identifies you and the type of services we performed for you.
Health Care Operations: Foundation Medicine may use or disclose your PHI in order to support the operations of our laboratories and monitor the quality of the services we provide. For example, we may use information in your health record to evaluate the services our laboratories provide or to train our staff. In addition, we may contact you as part of a fundraising effort.
To Communicate with Individuals Involved in Your Care or Payment for Your Care: We may disclose to a family member, other relative, close personal friend or any other person you identify, PHI directly relevant to that person's involvement in your care or payment related to your care.
Minors’ Protected Health Information: As permitted by federal and state law, we may disclose PHI about minors to their parents or guardians.
Business Associates: There are some services provided by Foundation Medicine through contracts with business associates (e.g., billing services), and we may disclose your PHI to our business associate so that they can perform the job we have asked them to do. To protect your information, however, we require the business associate to appropriately safeguard your information.
Food and Drug Administration (FDA): We may disclose to the FDA, or persons under the jurisdiction of the FDA, PHI relative to adverse events with respect to drugs, foods, supplements, products and product defects, or post marketing surveillance information to enable product recalls, repairs, or replacement.
Worker's Compensation: We may disclose your PHI to the extent authorized by and to the extent necessary to comply with laws relating to worker's compensation or other similar programs established by law.
Public Health: As required by law, we may disclose your PHI to public health or legal authorities charged with preventing or controlling disease, injury, or disability.
Law Enforcement: We may disclose your PHI for law enforcement purposes as permitted by law or in response to a valid subpoena or court order.
As Required by Law: We will disclose your PHI when required to do so by federal, state, or local law.
Health Oversight Activities: We may disclose your PHI to an oversight agency for activities authorized by law. These oversight activities include audits, investigations, and inspections necessary for licensure and for the government to monitor the health care system, government programs, and compliance with civil rights laws.
Judicial and Administrative Proceedings: If you are involved in a lawsuit or a dispute, we may disclose your PHI in response to a court or administrative order. We may also disclose PHI in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made, either by the requesting party or by us to tell you about the request or to obtain an order protecting the information requested.
Research: We may disclose your PHI to researchers when their research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your information.
Coroners, Medical Examiners, and Funeral Directors: We may release your PHI to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose PHI to funeral directors consistent with applicable law to enable them to carry out their duties.
Organ or Tissue Procurement Organizations: Consistent with applicable law, we may disclose your PHI to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of tissue donation and transplant.
Notification: We may use or disclose your PHI to notify or assist in notifying a family member, personal representative, or another person responsible for your care, regarding your location and general condition.
Correctional Institution: If you are or become an inmate of a correctional institution, we may disclose to the institution or its agents PHI necessary for your health and the health and safety of other individuals.
To Avert a Serious Threat to Health or Safety: We may use and disclose your PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.
Military and Veterans: If you are a member of the armed forces, we may release PHI about you as required by military command authorities. We may also release PHI about foreign military personnel to the appropriate foreign military authority.
Specialized Government Functions: Under certain circumstances, we may disclose your PHI to units of the government with specialized functions such as the U.S. Military or the U.S. Department of State in response to requests as authorized by law.
Victims of Abuse or Neglect: We may disclose PHI about you to a government authority if we reasonably believe you are a victim of abuse or neglect. We will only disclose this type of information to the extent required by law, if you agree to the disclosure, or if the disclosure is allowed by law and we believe it is necessary to prevent serious harm to you or someone else.
Other Uses and Disclosures of PHI
We will obtain your written authorization before using or disclosing your PHI for purposes other than those provided for above (or as otherwise permitted or required by law). You may revoke this authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your PHI, except to the extent that we have already taken action in reliance on the authorization.
Your Health Information Rights
Obtain a paper copy of the Notice upon request. You may request a copy of our current Notice at any time from the Privacy Officer. Even if you have agreed to receive the Notice electronically, you are still entitled to a paper copy.
Request a restriction on certain uses and disclosures of PHI. You have the right to request additional restrictions on our use or disclosure of your PHI by sending a written request to Foundation Medicine's Privacy Officer. We are not required to agree to those restrictions.
Inspect and obtain a copy of PHI. By law, a patient generally has the right to access and copy his/her PHI. However, PHI that is maintained by entities that are subject to the Clinical Laboratory Improvement Amendments of 1988 ("CLIA") is specifically exempted from the right to access, to the extent the provision of access to the patient would be prohibited by law. Since Foundation Medicine is subject to CLIA, the applicable state law provisions may restrict your right to access and copy your PHI. If state law permits access, to inspect and copy your PHI, you must send a written request to the Privacy Officer. We may charge you a fee for the costs of copying, mailing and supplies that are necessary to fulfill your request. We may deny your request to inspect and copy in certain limited circumstances.
Request an amendment of PHI. If you feel that PHI we maintain about you is incomplete or incorrect, you may request that we amend it. To request an amendment, you must send a written request to the Privacy Officer. You must include a reason that supports your request. In certain cases, we may deny your request for amendment. For example, in circumstances under which the patient would be denied access to his/her PHI, we may deny a request for amendment.
Receive an accounting of disclosures of PHI. You have the right to receive an accounting of the disclosures we have made of your PHI for purposes other than treatment, payment, healthcare operations, and certain other activities. The right to receive an accounting is subject to certain exceptions, restrictions, and limitations. To request an accounting, you must submit a request in writing to the Privacy Officer. Your request must specify the time period for which you would like an accounting, but this time period may not be longer than six years.
Request communications of PHI by alternative means or at alternative locations. You have a right to request to receive communications of PHI by alternate means or at alternate locations. For instance, you may request that we contact you about medical matters only in writing or at a different residence or post office box. To request confidential communication of your PHI, you must submit a request in writing to the Privacy Officer. Your request must state how or where you would like to be contacted. We will accommodate all reasonable requests.
For More Information or to Report a Problem
If you have questions or would like additional information about our privacy practices, you may contact:
Foundation Medicine, Inc.
Privacy Officer
One Kendall Square, Suite 3501B
Cambridge, MA 02139
If you believe your privacy rights have been violated, you can file a complaint with the Privacy Officer or with the United States Secretary of Health and Human Services. There will be no retaliation for filing a complaint.
Effective Date
This Notice is effective as of September 19, 2011.