Privacy and Terms of Use

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Effective Date: October 2022

Thank you for visiting our website. The information contained here applies to your access to the information contained on our website and the use of Services offered by Navigator Healthcare Inc., including, but not limited to, our telephonic navigational support and scheduling services for evaluation of substance use conditions with evidence-based treatment providers.

OUR SERVICES

Navigator is an independent central resource for individuals and families. We are committed to helping eligible individuals and families navigate to the right health care when and where they need it. We provide information about substance use conditions and professionally recognized treatment options. Navigator collaborates with providers supporting local knowledge and service access. If you have a Health Plan or Employer that has purchased services from Navigator, there is no charge to you for our Services.

ELIGIBILITY TO PARTICIPATE IN THE STUDY AND USE THE SERVICES

Eligible members are notified of the availability of Navigator’s services through their health plan or other communication channels such as Employee newsletters, Employer websites, and other communication channels used by Employer benefits managers and Health Plans.

CONFIDENTIALITY AND PRIVACY

If you choose to use our Services, then you agree to the collection and use of Protected Health Information (PHI) as described herein.

We comply with applicable state and federal laws that support your privacy. For example, HIPAA, is a federal law that includes very specific protections related to Protected Health Information (PHI). We have implemented industry-recognized safeguards designed to protect your information including limiting information shared to that which is necessary (e.g., for scheduling of a healthcare appointment on your behalf).

We hold information you share in confidence. This means we do not share your information with anyone except as needed to provide or improve the Services you seek. When we schedule an appointment on your behalf, the participating network provider can access limited demographic information to support initiation of their services. Your verbal consent to schedule on your behalf is obtained during the call. Your verbal consent is documented in our system.

Information We Collect

We may collect different types of PHI when you use our Services. We may also collect certain PHI from your healthcare provider, such as information that can be used to coordinate care and/or assess the effectiveness of the Services.

Examples of information we may collect from or about you include:

Direct identifiers, such as your name, postal address, email address, phone number, and date of birth;
Individually identifiable health information, including medical and health insurance information we receive directly from you, or your healthcare provider;
Appointment status; and
Any other information you voluntarily provide to us when requesting or using our Services.

How We Use Your Information

We may use your information to:

Provide, maintain, and improve the Services you seek (e.g., providing you with information, referrals, and/or scheduling an evaluation appointment with a healthcare provider);
Send you follow-up communications with you as part of our Services, including responses to your inquiries;
Maintain records for internal business purposes;
Carry out any other purpose described to you at the time we collect your PHI
Help us understand your needs and provide you with a better experience.

How We Share Your Information

We may share information with the following types of third parties:

With your healthcare provider(s);
With your authorized or designated representative(s);
Between and among Navigator and any current or future parent, subsidiary, and/or affiliated company; Public and governmental authorities that regulate or have jurisdiction over Navigator, such as regulatory authorities, law enforcement, public bodies, and judicial bodies; and
Other third parties, as reasonably necessary:

To: (i) comply with laws applicable to Navigator, a request from law enforcement, a regulatory agency, or other legal process; (ii) protect the legitimate rights, privacy, property, interests or safety of Navigator, our customers, business partners, personnel, or the general public; (iii) pursue available remedies or limit damages; (iv) enforce our Terms of Use; or (v) respond to an emergency;
To establish, exercise, or defend our legal rights; and
To prevent fraud and reduce credit risk.

PARTICIPATING HEALTH CARE PROVIDER ORGANIZATION

The healthcare providers with whom we collaborate (the “Participating Providers”) are solely responsible for evaluation and treatment planning as indicated for all clients without limitation. Participating Providers must meet and maintain professional and industry standards in their clinical and business practices, including but not limited to use of The ASAM Criteria, accepted (evidence-based) practices of care, and privacy protections as defined by HIPAA.

NOT A BROKER AND NOT AFFILIATED

We are not a representative of or agent for the consumer, Participating Provider, or any health plan with which we collaborate (the “Participating Health Plans”) and do not act on their behalf. We do coordinate with both Participating Health Plans and Participating Providers to support accuracy of information and to support referrals to healthcare providers that are part of the Participating Health Plans’ provider networks. It is the responsibility solely of the Participating Provider and the individual seeking care to determine whether any person is an appropriate admission to any services recommended by the Provider. Navigator does not broker, sell, or lease space directly and is not a party to any transaction between the provider and the consumer.

NO MEDICAL ADVICE

The information landing page is for informational purposes only and does not constitute professional medical advice, diagnosis, or treatment.

The Services are not intended to provide instructions in the event of an emergency. If you are experiencing a medical emergency, you should seek appropriate emergency assistance such as calling 911.

APPROPRIATE USE OF THE SERVICES

All materials made available through the Services are solely for your personal use, subject to the terms and conditions set forth here. You will not use the Services other than for their intended purpose or in any way that is unlawful or harms Navigator. Unauthorized use of the materials, images, logos, service marks on this site or available through the Services may violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

INTELLECTUAL PROPERTY OWNERSHIP

Navigator owns any and all intellectual property rights relating to our brand and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other content including text and graphics that has or provides the “look and feel” of Navigator’s brand image contained herein (the “Intellectual Property”). None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. All other content, including product names, names of services, trademarks, service marks and other intellectual property of third parties, including third-party health care providers or plans, is the property of their respective owners. You may not use or display any Navigator trademarks, trade names, or logos without our prior written permission.

RELEASE

To the fullest extent permitted by applicable law, you release Navigator and our owners, subsidiaries, affiliated companies, employees, shareholders, or directors (collectively, the “Navigator Parties”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

DISCLAIMER OF WARRANTIES

THE SERVICES AND/OR PRODUCTS OFFERED BY NAVIGATOR ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. NAVIGATOR DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER NAVIGATOR NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE SERVICES, INCLUDING THIS WEBSITE, SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE, THE SERVICES, OR CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NAVIGATOR AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT, OR THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE NAVIGATOR PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR ANY OTHER KIND OF DAMAGE WHATSOEVER.

YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF NAVIGATOR AND ASSOCIATED PARTIES TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Navigator Parties from and against any and all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, arising out of or relating to: (a) your access to or misuse of the Services, or the Content; (b) any User Content you submit or transmit; (c) your violation of any of these Terms; (d) your conduct in connection with our Services and/or (e) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

COPYRIGHT INFRINGEMENT - DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Website or the Services infringes a copyright owned by you, you (or your agent) may send Navigator a notice requesting that the material be removed, or access to it be blocked. This request should be sent to Navigator’s designated agent as follows:

Designated Agent: Copyright Agent

Address: 623 Fifth Ave, New York, NY 10022

Email: CopyrightAgent@navigator.health

Please note that we will not process your complaint if it is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification, which includes:

The signature of the copyright owner or owner’s agent, in physical or electronic form.
Identification of the: (i) copyrighted work(s) infringed; (ii) the infringing activity; and (iii) the location of the infringing activity (typically by providing the URL).
Contact information of the notice sender, including name, address, telephone number and email address.
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law.
A statement that the information provided is accurate and the notifier is authorized to make the complaint on behalf of the intellectual property or copyright owner.