Privacy Policy and Terms of Use

The following is specific information about our policy on the collection, use and disclosure of the personally identifiable information that you provide to us and that we collect from you when you use the Pdlaw.org Site (“Personal Information”), and your choices regarding the use and sharing of that information, as well as the other terms that govern your use of the Pdlaw.org Site.  We will not use or share Personal Information with anyone except as described in this Privacy Policy and Terms of Use (“Privacy Policy and Terms”), and as permitted by a consent (“Authorization”) signed by you or your legally authorized representative, as applicable.

The Pdlaw.org Site is intended for use by individuals who are 18 years of age or older.  If you are not at least 18 years old, you are not permitted to use this Site to submit information to us. This Privacy Policy and Terms constitute a legally binding agreement between PD Law and you.  If you do not agree to the terms of this Privacy Policy and Terms, do not accept this document and do not use the Pdlaw.org Site or submit any information through it.  You have the option to communicate with us via phone, facsimile, or mail.

The Pdlaw.org Site is intended for use in the United States.  Any use outside the United States is at the risk of the user.  You may not use the Pdlaw.org Site in violation of any export laws or data transfer laws.

Note that this Privacy Policy and Terms only applies to the Personal Information that we collect from you directly through the Pdlaw.org Site.

THE PDLAW.ORG SITE IS NOT INTENDED TO PROVIDE LEGAL OR MEDICAL ADVICE.  DISCUSSION OF LEGAL, MEDICAL, AND HEALTH TOPICS ON THE PDLAW.ORG SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NEVER BE CONSTRUED AS, OR USED AS A SUBSTITUTE FOR, LEGAL OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  YOU SHOULD ALWAYS TALK TO YOUR LAWYER AND HEALTH CARE PROVIDER REGARDING YOUR SPECIFIC LEGAL AND MEDICAL NEEDS AND FOR ANY DIAGNOSIS OR TREATMENT.

FORMS ON THE PDLAW.ORG SITE ARE NOT DESIGNED TO ADDRESS LEGAL OR MEDICAL EMERGENCIES.  IF YOU HAVE A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO REQUEST PROMPT MEDICAL ATTENTION.

About the Pdlaw.org Site

Research Catalyst focuses on matching individuals to clinical research trials seeking solutions to neurological disorders (each a “Study” or “Research Catalyst Studies”).

Medical Records Release Form

We may decide to assist you in obtaining your medical records and ask you to complete and submit a Medical Records Release Form (“Records Release Form”) on the Pdlaw.org Site.  We will submit this form to all of your doctors that you have listed in this Release Form and ask that they send copies of your medical records to us.  Alternatively, we may ask that you print the form and send it to your doctors to request that your medical records be sent to us.

Upload Medical Records Form

If you have medical records or other relevant information that you would like to submit to us, you may use the Upload form to securely send information to our office.  This permits the secure submission of medical records.  Please do not send medical records by email, as email may not be secure.

Warning about Email Communications

We want to emphasize that email is generally not encrypted and is not a secure method of communication. This means that there is a risk that Personal Information in emails may be intercepted and read by, or disclosed to, unauthorized parties.  IF YOU DO NOT WISH TO ACCEPT THE RISKS ASSOCIATED WITH RECEIVING AND COMMUNICATING YOUR PERSONAL INFORMATION WITH US BY EMAIL, PLEASE DO NOT PROVIDE YOUR EMAIL ADDRESS TO US IN ANY OF THE PDLAW.ORG SITE FORMS.  In that case, our staff will contact you via phone and you can decide how you wish to receive further communications and documents from us.  However, by providing your email address to us and agreeing to the terms of this Privacy Policy and Terms, you are indicating that you wish to accept the risk and are consenting to allow us to communicate with you by email.  Medical records should be submitted through the secure upload process described previously.

How You Accept the Privacy Policy and Terms

By clicking “I have read and agree to the Pdlaw.org Site Privacy Policy and Terms of Use” and “Submit” and by using the Pdlaw.org Site, you agree to the collection, use and dissemination of the Personal Information you provide through the Pdlaw.org Site for the purposes set forth in the Pdlaw.org Site Privacy Policy and Terms of Use.  If you do not agree to be bound by and comply with the Privacy Policy and Terms of Use, you may not submit any Personal Information to us through our Pdlaw.org Site.

When you submit Personal Information to us through the Pdlaw.org Site, you are representing and warranting to us that you are at least 18 years of age, that you are who you say you are and that you have the authority to disclose that Personal Information to us through the Pdlaw.org Site.  If you do not have the authority to do so, you may not submit Personal Information to us through our Pdlaw.org Site.  You release Research Catalyst, our shareholders, directors, officers, employees, agents and customers from any claims and damages, known and unknown, arising out of or in any way connected with your unauthorized submission of Personal Information to us through the Pdlaw.org Site.

Personal Information We Collect From You and How We Use and Share It

The Personal Information that you may submit to us in the Pdlaw.org Site Forms includes your name, date of birth, phone number, gender, email address, medical records, and general legal and health information and information.  It may also include your doctors’ names and contact information, details about your health insurance, and information about your living conditions.

Our Internal Uses

We use your Personal Information to help us to evaluate whether you might qualify to participate in certain legal actions, research Studies, or potentially benefit from a particular Treatment Option.  If you appear to qualify, we may send your Personal Information to affiliate law firms, and entities conducting research, or the manufacturer of treatment options.  We also may use your  Personal Information to contact you to (1) obtain additional information from you that we may need to make such evaluations, or to obtain required written authorizations from you that will be needed for your participation in a Study (2) provide you with information about our office, a Study or a Treatment Option or (3) answer any questions that you may have.  We also use your Personal Information for general, legal, medical and market research purposes, and to promote Treatment Options that might be suitable for your condition.  Your Personal Information may be provided to a third party who is conducting a Study, so that they can contact you about participating in that Study; or provided to third parties that have Treatment Options that might be appropriate for your condition.  You authorize us and any third-party with whom we have provided information pursuant to this Privacy Policy and Terms of Use to contact you for the purposes set forth in this Privacy Policy and Terms of Use.  Information that is protected under the Health Insurance Portability and Accountability Act, as modified, and its implementing regulations (“HIPAA”), if any, will be protected in compliance with those requirements to the extent required under HIPAA.

We may also use your Personal Information for our internal office administration, and to obtain payment for our services from manufacturers, Study sponsors or research institutions.

We will store and maintain your Personal Information so that we can review your Personal Information in the future to determine if you are eligible for Treatment Options , any future Studies, and to contact you to discuss your interest in participation in any such future Studies or new Treatment Options.  All Personal Information (including medical records) that you send to us, or authorize us to obtain on our behalf, will be stored by Research Catalyst in accordance with applicable law.  If you later decide that you no longer want us to store your Personal Information and contact you for these purposes, please contact our Privacy Officer at Privacy@ResearchCat.com

We also use Personal Information as necessary to administer the Pdlaw.org Site.

Sharing Personal Information

If you submit a Medical Records Release Form at our request, we will share your Personal Information with the doctors and the offices you have listed in the form so that we may obtain your medical records.

If you are eligible for potential litigation or Study and desire to continue the process to become a Plantiff or Study subject, we may share your Personal Information with an entity conducting the Study or affiliate law firms.  We may also share your Personal Information for general, legal, medical and market research purposes, and to promote or educate you on Treatment Options that might be suitable for your condition.  Your Personal Information may be shared with a third party that has Treatment Options that might be appropriate for your condition so that they can contact you to provide you with information or education about those Treatment Options.

We share the Personal Information you provide to the Pdlaw.org Site with those of our third party service providers as necessary for them to provide us services to help us to provide and administer the Pdlaw.org Site and to increase the Pdlaw.org Site’s functionality. Our contracts with these service providers obligate them to only use and share Personal Information for these purposes.

We will disclose Personal Information where required to do so by law, including pursuant to subpoena and otherwise if we believe that disclosure is necessary to comply with the law. We will disclose Personal Information upon the request of law enforcement or to protect the security or integrity of the Pdlaw.org Site if we believe that disclosure is required or authorized by applicable law.

We do not share Personal Information with any other third parties except as described in this Privacy Policy.

Collection and Use of Non-Personal/Aggregated Information

When you use the Pdlaw.org Site, we receive and store certain non-identifiable information. Such information, which is collected passively using various technologies, is not used to specifically identify you. We may use this information and pool it with other information to track, for example, the total number of visitors to Pdlaw.org Site and the domain names of our visitors’ Internet service providers.  The following is additional information about this collection and use of technical information.

Log Data

We may collect information that your browser sends whenever you visit our Pdlaw.org Site (“Log Data”).  This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, the pages of our Pdlaw.org Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.  We use the Log Data for purposes of providing and improving the Pdlaw.org Site.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our Pdlaw.org Site.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.

We may use third party products, such as Google Analytics, to assist us with the effectiveness of our advertising campaigns on other third-party websites. When you visit a page that uses one of these products, either on our Pdlaw.org Site or one of one of the sites on which we have placed our advertisements, various cookies may be sent to your browser. These may be sent from a few different domains. These cookies enable us to use other services in conjunction with trusted 3rd party providers to help us to measure the effectiveness of our advertising efforts and these third party services may send their own cookies to your browser and collect information about your use of our Pdlaw.org Site.

Google recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser if you wish to opt-out. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents have the right to request from a business any personal information that a business may have shared with a third party for direct marketing purposes.  California residents may submit such requests to privacy@ResearchCat.com.  We share Personal Information with pharmaceutical and device manufacturers and their designees for direct marketing, promotion and educational activitiesrelated to Treatment Options that may be suitable for your condition.  We also share Personal Information with entities that are conducting Studies that you may qualify for. We do not otherwise share Personal Information with any third party for direct marketing purposes.

The California Online Privacy Protection Act (CalOPPA) requires us to disclose how we respond to Do Not Track signals set in a user’s browser.  The following is information about how we respond to Do Not Track.

• Do Not Track

Internet browsers generally offer a Do Not Track option that relies on technology known as a Do Not Track header that sends a signal to the websites that a user visits to tell the website about that user’s Do Not Track preference.  You can usually access your browser’s Do Not Track option in your browser’s preferences.  There is currently not an industry standard for Do Not Track technology and we are not able to support Do Not Track preferences.  However, if you do not wish to be tracked through Google Analytics, then opt-out by going to the following link: https://tools.google.com/dlpage/gaoptout.

Security of Personal Information

The security of the Personal Information that you provide to us through the Pdlaw.org Site is important to us, and we implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

The Pdlaw.org Site is Hyper Text Transfer Protocol Secure (HTTPS). HTTPS is the protocol over which data is sent between your browser and the Pdlaw.org Site and the “S” stands for ‘Secure’ meaning that all communications between your browser and the Pdlaw.org Site are encrypted.

We use reasonable efforts to keep the Pdlaw.org Site and Personal Information safe and secure, but you are still using the Pdlaw.org Site at your own risk.  There is no guarantee that the Pdlaw.org Site is 100% safe and secure.  We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Prohibited Use of Pdlaw.org Site

You agree not to submit any information to through the Pdlaw.org Site that:

1. Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
2. Infringes on the copyright or any other proprietary right of a third party;
3. Would invade the privacy of any other person;
4. Contains a virus, worm, trojan horse, time bomb, constitutes ransomware, or contains or constitutes any other harmful program or component; or
5. Attempts to gain unauthorized access to other computer systems or networks connected to the Pdlaw.org Site.

Intellectual Property Ownership

Research Catalyst alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Pdlaw.org Site, all content therein (including, but not limited to, the Records Release Form and any questionnaires or information-gathering documents), and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any party relating to the Pdlaw.org Site or any services provided in connection therewith.  You may not remove, alter, or obscure any trademark or copyright notice or any other proprietary notice that appears on or in the Pdlaw.org Site.   Research Catalyst’s name, logo, and the product and service brand names associated with the Pdlaw.org Site are trademarks of Research Catalyst and no right or license is granted to use them.  All logos, trademarks, service marks, domain names and trade names appearing on or within the Pdlaw.org Site (collective “Marks”), whether registered or not, are the sole property of Research Catalyst or their respective owners. You may not use any Marks without the express written permission of Research Catalyst or their owners.

Modifications, Termination, Interruption and Disruptions to the Pdlaw.org Site

You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Pdlaw.org Site whether to all users of the Pdlaw.org Site or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.  We do not guarantee that the Pdlaw.org Site will be uninterrupted or that it will be secure, consistent, timely or error-free.

Disclaimers

We provide the Pdlaw.org Site for your convenience only. Because of the possibility of human and mechanical error, as well as other factors, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF OUR PDLAW.ORG SITE, OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. If this limitation of liability is not wholly enforceable as drafted, in no event shall damages payable by Research Catalyst or its officers, directors, employees, agents, or owners exceed $5.00 USD.

Indemnification

You agree to defend, indemnify and hold us harmless against any claims, losses, damages, expenses or costs (including without limitation reasonable costs of litigation such as attorneys’ fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Pdlaw.org Site or the information contained within or transmitted through it.

Changes to This Privacy Policy and Terms

This Privacy Policy and Terms is effective as of  July 2019 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on the Pdlaw.org Site. We reserve the right to update or change our Privacy Policy and Terms at any time and you should check this Privacy Policy and Terms periodically. We will post the effective date of the current Privacy Policy and Terms so that you will have notice of changes.  The changes to the Privacy Policy and Terms will apply to all of the Personal Information that we have collected from you on the Pdlaw.org Site.  Your continued use of the Pdlaw.org Site after we post any modifications to the Privacy Policy and Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy and Terms.

Jurisdiction and Arbitration. This Privacy Policy and Terms will be governed by and interpreted according to the laws of the State of Colorado, without regard to conflicts of law principles. We and you agree that all disputes and litigation regarding the  Privacy Policy and Terms, the Pdlaw.org Site, and matters connected with its performance or relating to the use of the Pdlaw.org Site or the relationship between you and Research Catalyst shall be submitted to confidential arbitration in Denver, Colorado, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Privacy Policy and Terms shall be joined to an arbitration involving any other party subject to this Privacy Policy and Terms, whether through class arbitration proceedings or otherwise. Use of the Pdlaw.org Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

Limitation on Claims. Any cause of action you may have with regard to the use of Pdlaw.org Site or the relationship between Research Catalyst and you must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Privacy Policy and Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.

If you have any questions pertaining to this Privacy Policy and Terms, and its contents, please contact our Privacy Officer at privacy@ResearchCat.com.

Effective Date: 1 July 2019