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OUTPAGE™ Secure Messaging Application Privacy Policy

The OUTPAGE™ Secure Messaging Application is a HIPAA compliant application (“Application”) designed to operate in conjunction with the existing medical answering service of the Pulaski County Medical Exchange (PCME). Please review our Privacy Policy carefully and click “I Agree” to acknowledge that you understand the ways in which PCME may process personal information in connection with your use of the Application.

The general types of Personal Information that the Application collects to register your account or when otherwise provided by the User include: name, email address, phone number, and credentials. We use this information to manage your account, verify your identity, and deliver the Application services to you.

Personal Information collected through the Application may be used by PCME for many reasons, for example, managing your account, verifying your identity, delivering services, and storing your User preferences. We may also track and examine your use of our Application, including preparing reports to help improve user experience within the Application.

PCME may also provide your Personal Information to third parties with your express consent. Additionally, we may be required to disclose your Personal Information to comply with a legal request or to fulfill regulatory requirements (i.e., disclosure to public authorities in response to a subpoena). Finally, we may transfer your Personal Information to an entity or individual that acquires, buys or merges with PCME, or through some other business reorganization.

If you create an account and provide your email address, we may send you administrative emails. You cannot opt-out of them while you remain an account holder.

PCME does not license or sell your Personal Information to third parties. PCME may use third parties to help provide Application services to you on our behalf and may share your Personal Information with them for this purpose. These third parties are contractually bound to protect your Personal Information.

In addition to the Personal Information categories, uses, and disclosures discussed above, we may remove the identifiable parts of your Personal Information to create de-identified information (“De-identified Information”). This De-identified Information does not contain any PHI or details of a task. De-identified Information may be combined with other data into aggregated datasets. We use De-identified Information in the following ways, to the extent permitted applicable law:

1. Disclosure for Business Purposes: We may license, sell, or otherwise share De-identified Information with other clients, partners, investors, and contractors for any purposes related to our business practices.

2. Product Improvement and Analytics: We may use De-identified Information for product improvement purposes or to understand our customer base and better serve our market.

3. Research: We may use De-identified Information for research, whether scientific, marketing, or business in nature. This research may be made public through publications such as within a scientific journal.

PCME has a legal duty to protect your Personal Information. We have put in place reasonable physical, technical, and administrative controls to safeguard and help prevent unauthorized access to your Personal Information. All Personal Information collected through the Application is encrypted in transit and at rest in HIPAA-compliant databases. While we endeavor to protect the privacy of the Personal Information we maintain in our Application, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of your Personal Information at any time. Accordingly, you agree to abide by HIPAA-accepted administrative, physical, and technical safeguards to ensure the security of this information, including but not limited to, keeping your login credentials secret, avoiding public WiFi networks, and password protecting your mobile device. If you ever suspect a security issue with your account, contact derek@pulaskicms.org immediately.

You may request access, changes, updates, or deletions to your Personal Information and request information about our collection, use, and disclosure of such information by contacting derek@pulaskicms.org. We use best efforts to keep our records as accurate and complete as possible. You can help us maintain the accuracy of your information by notifying us of any changes to your Personal Information as soon as possible. Your rights to access, change, or delete your Personal Information are not absolute. For example, we may deny you such rights when required by law.

PCME stores and processes all Personal Information provided to it through the Application in the United States of America. We retain your data for as long as reasonably necessary to provide you with services related to the Application or to comply with applicable law.

Minors are not allowed to register for or use the Application. PCME does not knowingly allow any minors to register for the Application on their own. If we learn that Personal Information has inadvertently been collected from a person under age 13, we will delete that information.

Patient Information is also collected through the Application at the direction of the user. Such data may include demographics such as patient name, date of birth, medical record number, gender, and contact information, along with clinical or diagnostic information about the patient. The sharing and safeguarding of this information is governed by the HIPAA Business Associate Agreement existing between the “covered entity” (on whose behalf the user has authority to utilize the Application) and PCME. By registering for and using the Application, the user represents and warrants that it is a “covered entity” under HIPAA, that PCME is a “business associate” under HIPAA, and that use of the Application is governed by an executed Business Associate Agreement between the “covered entity” and PCME. To the extent that PCME uses third parties to help provide Application services, these third parties are contractually bound to a downstream HIPAA Business Associate Agreement.

We may update this Privacy Policy from time to time by posting a new version within our Application. You should check this page periodically to review any changes as well as within the settings section of our Application. Your continued use of the Application, and/or continued provision of Personal Information to us, will be subject to the terms of the then-current Privacy Policy.

If you have any questions or suggestions about this Privacy Policy, please contact us at derek@pulaskicms.org.

OUTPAGE™ Secure Messaging Application End User License Agreement

This Mobile Application End User License Agreement (Agreement) is a binding agreement between you (User or you) and Pulaski County Medical Exchange (PCME). This Agreement governs your use of the OUTPAGE™ Secure Messaging Application (Application) on any mobile platform. The Application is licensed, not sold, to you.

BY ACCESSING AND USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, OR USE THE APPLICATION.

1. License Grant. Subject to the terms of this Agreement, PCME grants you a limited, non-exclusive, and nontransferable license to:

1. download, install, and use the Application for your own individual use on a single mobile device owned or otherwise controlled by you (Mobile Device) strictly in accordance with this Agreement and the Privacy Policy applicable to such content and services; and

(b) access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Privacy Policy applicable to such content and services.

2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

1. copy the Application, except as expressly permitted by this license;

2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

6. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

7. use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without PCME’s prior written consent;

8. frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

9. use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; or

10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

3. Use Obligations. You are responsible for all activities that occur under your password(s) or account and agree to keep your account login credentials, including your username(s), Org ID(s), and password(s), confidential. You will immediately notify us of any unauthorized use of your login credentials or account or any other breach of security.

To the extent that your use of the Application requires, or permits utilization of, wireless, cellular data or internet access, you are independently responsible for securing the necessary data access service.

4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. PCME reserves and retains entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade secrets, relating to the contents of this Application, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with PCME. Any grants not expressly granted herein are reserved.

All contents of this Application are protected under © 2024 Pulaski County Medical Exchange. All rights reserved.

5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, PCME may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information collected through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Protected Health Information. PCME maintains appropriate administrative, physical, and technical safeguards to provide for continuing security and privacy of PHI or ePHI as is required by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Health Information Technology for Economic and Clinical Health (HITECH) Act.

PCME acts as a “Business Associate” (as that term is defined under HIPAA) and shall transmit and store PHI solely for the purpose of performing its obligations under existing contracts with its customers; and, for no commercial purpose other than the performance of such obligations and improvement of the services provided. While PCME is HIPAA compliant as a Business Associate, it is your responsibility as a “Covered Entity” (as that term is defined under HIPAA) for evaluating and ensuring your own HIPAA compliance. PCME is not a “Designated Record Set” holder under HIPAA. PCME does not communicate medical advice.

7. Geographic Restrictions. The Application is based in the State of Arkansas and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Application from locations other than the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States of America or the country in which you reside.

8. Updates. PCME may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features. These updates may also modify or delete in their entirety certain features and functionality. You agree that PCME has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings and when your Mobile Device is connected to the internet:

1. the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

PCME reserves the right at any time and from time to time to modify or discontinue the Application, temporarily or permanently, with or without notice. You agree that PCME shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.

9. Term and Termination.

(a) The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or PCME as set forth in this Section 9.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) PCME may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

1. all rights granted to you under this Agreement will also terminate; and

2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of PCME’s rights or remedies at law or in equity.

10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PCME, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PCME PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PCME OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PCME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification. You agree to indemnify, defend, and hold harmless PCME and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to any content you submit or make available through this Application.

13. Severability. If any provision of this Agreement is determined to be illegal or unenforceable under applicable law, including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas in each case located in Little Rock, Arkansas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Entire Agreement. This Agreement and PCME’s Privacy Policy constitute the entire agreement between you and PCME with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. Waiver. No failure to exercise, and no delay in exercising, on the part of PCME, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

18. Force Majeure. PCME is not responsible for any delay or interruption of services provided by the Application that are caused by weather, fire, earthquake, or any other event beyond its control; provided, in those situations, PCME will use reasonable efforts, under the circumstances, to notify you of the cause of such delay and to resume services as soon as possible.

19. Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof by either or both parties shall so survive the expiration or earlier termination of the term of this Agreement.

20. Execution of Agreement. This Agreement is considered executed at the time you check the box “I accept the terms and conditions set forth in the End User License Agreement.”

The Pulaski County Medical Exchange (PCME) has worked with a local app developer to create a replacement for PingMD.  The secure messaging app we have created, OUTPAGE™, is now available. 

We have not been using PingMD for quite some time now, and the only way to receive a text message will be from the OUTPAGE™ app as a notification that there is a message waiting for you.   

Below are the instructions on how to download the app to your smartphone, and some tidbits of information to remember when using it.  

Sincerely, 

Pulaski County Medical Exchange

The following are the instructions for downloading the OUTPAGE™ app for use with the Pulaski County Medical Exchange (PCME).

1. Depending on your phone use one of the two links below
   • Apple - private link: https://apps.apple.com/app/outpage/id6480348622
   • Android - public: https://play.google.com/store/apps/details?id=com.few.pulaski

1. Follow the prompts to set up an account.  Be sure to use an email address that you can check from your phone because the app will send a verification code to it as well as your cell phone.  
   • The app is defaulted to use SMS messages as your notifications.  There is no other option for notifications at this time.  
   • During account set-up you should, when asked, save the phone number to your contacts that will be sending SMS notifications to you.  You can add a unique ringtone if you like to differentiate it from others. 
   • Once you have created the account and clicked the submit button at the end, PCME will receive a notification that an account has been created.  You will not be able to use the app until it has been approved.
   • Once approved, and the appropriate information is added to your record at PCME, a test message will be sent to you from the Medical Exchange to make sure it is working and you are receiving notifications. YOU HAVE TO CALL US BACK AT THE NUMBER LISTED IN THE NOTIFICATION AND LET US KNOW YOU RECEIVED THE MESSAGE, otherwise we will not move forward with contacting you.  
   • The text notification you receive will have two parts; the top message with the callback phone number for you to use (it will also include a name if that person is a healthcare professional), the bottom part will contain a link to your app to see the actual full message within the OUTPAGE™ app.  
   • When the app is working on your phone that will be the primary way PCME sends information to you and text messages from our phone numbers (501-663-1450 and 501-663-6900) will stop.  We will not be sending text messages from these numbers again and we will delete all PingMD information from your account (if you had it).

1. NEVER LOG OUT OF THE APP.  If you do, you will have to re-enter your phone number, password, and choose a Pin Entry ID each time.  That is for security reasons.  If you have been inactive on the app for 10 minutes, it will ask you for the PIN Entry you set up during the creation of your account (this is usually the pin you use to enter your phone, or maybe FaceID) 

1. Interesting items from the app you will need to know.

1. • The app is currently a one-way communication tool for PCME to send notifications directly to you.  Two-way communication is not available. 
   • SMS messaging is automatically chosen for you in the notifications tab.
   • To add the PCME SMS phone number to your phone, click on the fear icon at the bottom of your screen and tap “Add Contact”.
   • To update your profile information (Name, Title, Email, Location), click the gear icon at the bottom of your screen and tap into "Profile Information".  
   • To update your phone number, password, or other login information, click on the gear icon at the bottom of your screen and tap into "Security Settings" 
   • Notifications will consist of two items; the message containing the phone number for you to call (and a name of the person calling if it is a medical professional) and a second item that is a link directly to the “Notifications” tab in the app, if you did not Log Out.    
     1. When using the link to the app you will not have to remember your password if you set up a passkey when you created your account, and have not logged out of the app.  If you logged out, then you have to enter all that information to log in again.  
   • You will be able to “swipe left” on messages and archive them so they do not show in your inbox.  If you have too many there is an option to “Select All”. Choose “EDIT” at the bottom of the screen, choose “SELECT ALL” at the top, then touch “ARCHIVE”.  This will send them all to the Archive section.
   • Within the ARCHIVE section, you may put a message back into your INBOX if you desire.