Last Revised: August 28th, 2020
- ABOUT THE PLATFORM
WELLCO IS NOT A HEALTHCARE PROVIDER, AND THE PLATFORM PROVIDED BY WELLCO DOES NOT INCLUDE THE PROVISION OF PROFESSIONAL MEDICAL SERVICES, MENTAL HEALTH CARE OR OTHER PROFESSIONAL SERVICES, INCLUDING LEGAL SERVICES. THE INFORMATION COLLECTED BY WELLCO WITH RESPECT TO INDIVIDUAL USERS’ TEST RESULTS, AND THE INFORMATION GENERATED BY THE PLATFORM FOR THE SUPPORTED PROVIDERS WITH RESPECT TO THE FOREGOING INFORMATION, IS INTENDED SOLELY FOR USE BY THE SUPPORTED PROVIDERS TO PROVIDE TEST RESULTS TO INDIVIDUAL USERS IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL REQUIREMENTS AND GUIDELINES. ANY MEDICAL CONTENT, SERVICES, INFORMATION, ADVICE OR MATERIALS OF ANY KIND ACCESSED THROUGH THE PLATFORM IS FOR GENERAL INFORMATION OR REFERENCE PURPOSES ONLY AND SHALL NOT BE RELIED UPON OR REPLACE ANY PROFESSIONAL, CLINICAL OR MEDICAL ADVICE OR JUDGEMENT PROVIDED BY A HEALTHCARE PROFESSIONAL, OR ANY ADVICE OR JUDGMENT PROVIDED BY A LEGAL PROFESSIONAL. AS A PLATFORM PROVIDER, WELLCO IS NOT RESPONSIBLE FOR, AND IS UNDER NO OBLIGATION TO BECOME INVOLVED IN, ANY DISPUTES BETWEEN (A) ANY USERS OF THE PLATFORM, AND (B) BETWEEN THE USERS OF THE PLATFORM AND ANY THIRD PARTY OTHER THAN WELLCO (INCLUDING SUPPORTED PROVIDERS) ARISING IN CONNECTION WITH THE USE OF THE PLATFORM.
- what information we may collect about you;
- what we use that information for;
- what third-party information, if any, you are agreeing to share by using the Platform; and
- with whom we share that information.
- To register an account on the Platform, you must be at least 18 years of age (or the age of legal majority in your jurisdiction).
You do not need to create a WellCo account (a “User Account”) to visit the public pages of the Platform, however, you do need a User Account to access the applicable Portal or the App. You are responsible for providing and maintaining up-to-date and accurate contact information, including your telephone number and email address, and other account information on our Platform. Telephone calls, SMS messages and email correspondence with WellCo may be recorded or monitored.
- You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password, account number and other log-in information provided by you or WellCo for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, including activities occurring through the Portals, via telephone (through telephone calls or SMS messages), and via email. WellCo does not have any control over the use of your or any User’s account, and WellCo expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your (or another User’s) password or account or you suspect any other breach of security, you will cease all use of such password or account and contact WellCo immediately by emailing email@example.com.
- If (i) your User information changes or (ii) you wish to update your preferences with respect to SMS messaging or other communications from us, you may correct, delete inaccuracies, or amend your User information and preferences by making the change on our user information page or by emailing us at firstname.lastname@example.org. We will make commercially reasonable efforts to respond to your access request within thirty (30) days.]
- USING THE PLATFORM
- Data Uploaded to the Portals and the App. Each User is responsible for the accuracy and completeness of any information that such User and its agents or representatives (as applicable) enter on, submit to or upload to the Platform (including but not limited to, User contact information, such as a current telephone number and email address). WellCo may not be able to verify the accuracy of such information, and may rely on such input information without further corroboration or inquiry. Each User further understands that any changes to such User’s telephone number or email address may affect services received under the Platform[, that the User is responsible for notifying us of such changes in a timely manner in accordance with Section II.3,] and that the User is solely responsible for any changes in the Platform provided to the User following a change in telephone number or email address by the User [about which we are not notified in accordance with Section II.3].
WellCo makes no representations or warranties regarding, nor is responsible for, the efficacy, safety, sensitivity, specificity, or validation of the tests supplied by Supported Provider or other third parties or the accuracy of the Test Results reported by such parties, including the accuracy of any external data (including but not limited to laboratory test information) uploaded to or modified on the Platform by the Supported Provider or other external data providers.
- TERMS APPLICABLE TO THE PLATFORM
- Use Restrictions.
- You agree to protect the Platform, and its proprietary content, and any associated information and other materials, from any unauthorized access or use, and you agree that you will not use the Platform or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by WellCo. Except as specifically permitted herein or expressly authorized in writing by WellCo, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit any of the Platform in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use any of the Platform in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Platform, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from any of the Platform, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
- Third Party Services and Materials.
- As part of the Platform, we will be displaying, including or making available content, data, information, applications or materials from third parties, including but not limited to from Supported Providers, including COVID-19 test results (collectively, “Third Party Materials”) or provide links to certain third-party websites. By using the Platform, you acknowledge and agree that WellCo is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. WellCo does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. WellCo does not guarantee the availability or display of Third Party Materials and reserves the right to remove any Third Party Materials at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Materials expressed or made available on the Platform are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions or those of our licensors. You use or rely on Third Party Materials at your own risk.
- In addition, the Platform, as well as any third-party services and Third Party Materials that may be accessed from, displayed on or linked to from the Platform are not available in all languages or in all countries. WellCo makes no representation that any third-party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, rules and regulations, including but not limited to applicable local laws.
- Support Services. If you have a question regarding your use of the Platform or would otherwise like to speak to a member of our support services team, you may email email@example.com.
- DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY, RELEASE & INDEMNITY
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM (INCLUDING, WITHOUT LIMITATION, THE PORTALS, THE APP, ANY THIRD PARTY MATERIALS, AND THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WELLCO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FOREGOING (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. WELLCO SHALL NOT BE RESPONSIBLE FOR ANY SERVICES PROVIDED BY ANY SUPPORTED PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE COLLECTIONS FOR TESTS PERFORMED AS PART OF THE PLATFORM, AND ANY FAULT OR FAILURE IN THE PERFORMANCE OF SUCH COLLECTIONS SHALL BE THE SOLE RESPONSIBILITY OF THE SUPPORTED PROVIDERS. WELLCO DOES NOT WARRANT THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE PLATFORM WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WELLCO OR ITS AUTHORIZED REPRESENTATIVE OR AGENTS SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
- Informal Process First. You agree that in the event of any dispute between you and WellCo, you will first contact WellCo and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including, without limitation, any court action.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to WellCo Health LLC, 400 Concar Drive, San Mateo, CA 94402. The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Platform on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law, without regard to conflicts of law principles, will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Platform on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with WellCo and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use the Platform.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and WellCo each waive any right to a jury trial.
- GENERAL PROVISIONS
- Export Laws. You agree that you will not export or re-export, directly or indirectly the Platform and/or other information or materials provided by WellCo hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export of such software or data without first obtaining such license, approval or other applicable license exemption or exception. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Platform, you represent and warrant that you are not located in any such country or included on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
- Electronic Communications Notice. When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Platform. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our Platform.
- Mobile. To the extent you access our Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Platform may be prohibited or restricted by your carrier, and not all aspects of the Platform may work with all carriers or devices. By using the Platform, you agree that we may communicate with you regarding the Platform by electronic means and that certain information about your usage of the Platform may be communicated to us.
[Under California Civil Code Section 1789.3, California users of the Platform receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.]
400 Concar Drive, San Mateo, CA 94402
WellCo Healthcare LLC d/b/a GoGetTested.com (“WellCo,” “we,” or “our”) provides a digital management system that enables users to create a test request form to facilitate scheduling for COVID-19 testing on behalf of the Supported Provider (defined below) and provide the results of such testing to [you and your health care providers], as well as provide reporting required under applicable laws (“COVID-19 Testing Platform”).
We are providing the Platform on behalf of certain health care providers and their third-party service providers, including laboratories, that utilize the Platform to facilitate scheduling of COVID-19 testing and provide you with results of such tests (together with their subcontracted providers, each a “Supported Provider”).
- Eligibility Requirements / Access to the Platform
We do not knowingly collect or solicit Personal Information (as listed in Section II below) from anyone under the age of 13 or knowingly allow such persons to register on the Platform. In the event that we learn that we have collected Personal Information from a child under age 13, we will make commercially reasonable efforts to delete that information. If you believe that we might have any such information from or about a child under 13, please contact us.
- Information We Collect
When you register to use the Platform, you will populate a user profile. This profile includes certain personally identifiable information you actively enter onto our online forms during registration or while using the Platform (“Personal Information”) and you may at other times also provide us with additional Personal Information.
To facilitate scheduling of your COVID-19 test on behalf of the Supported Provider, we collect certain Personal Information from you, including: (i) name; (ii) phone number; (iii) gender (optional); (iv) race; (v) ethnicity; (vi) current medical symptoms; (vii) whether you have come into contact with someone with a lab-confirmed COVID-19 result; (viii) date of birth; (ix) address; (x) email address; (xi) height and weight; (xii) current prescription medications; (xiii) pre-existing health conditions; and (xiv) health insurance information.
We also collect information from our Supported Providers, including laboratories engaged by the Supported Providers that will process the samples and conduct the COVID-19 tests. Some of the information provided by the Supported Providers will include Personal Information relating to you and/or health information related to your COVID-19 tests.
We does not track users across third party websites, and therefore does not use or respond to "do not track" signals in your web browser.
We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, as part of our Platform or in our communications with you, to enable us to know whether you have visited a part of our Platform or received a message from us. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote website on the Internet enabling the verification of an individual’s viewing or receipt of a website or message.
- How We Use Your Information
- To Provide the Platform
We use the information that we collect from you to provide you with access to the Platform, support and enhance your use of the Platform, which allows us to monitor which features of the Platform are used most and to determine which features we need to focus on improving. For the avoidance of doubt, we only use users’ Personal Information in order to provide the Platform to users on behalf of our Supported Providers.
We use the information that you provide to us to facilitate the scheduling of your COVID-19 tests on behalf of our Supported Providers and provide the results of such tests to you and your health care providers.
We use non-Personal Information collected from users and/or from Supported Providers in the aggregate, so that we can improve the Platform and for business and administrative purposes.
- Diagnose Website Problems
We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer the Website. Your IP address is also used to gather broad demographic data. It is not stored or linked to your personal profile information, such as name or contact information.
- Service-related Announcements
We will use your contact information to send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
Generally, you may not opt-out of these communications, which are not promotional in nature. By using the Platform, you agree to receive these communications.
- Customer Service
- Our Disclosure of Your Information
- Aggregated Data
We may de-identify Personal Information and use and disclose such de-identified data for any purpose. We may also share aggregated usage and log data collected from users of the Platform and/or Supported Providers with third parties for industry analysis and demographic profiling, but such aggregated data will not include any Personal Information.
- Supported Providers / Third Party Service Providers
We may provide third-party companies, including our Supported Providers, and individuals with access to your information to the extent that it is needed by them to facilitate the Platform, to provide the Platform on our behalf, provide customer support, perform Platform-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Platform’s features) or to assist us in analyzing how the Platform are used. These third parties have access to your Personal Information only to perform these tasks on our behalf, and we will contractually require them to protect and safeguard your Personal Information to at least the same extent that we do.
- Regulatory Reporting
We will report your test results as require by applicable laws, on behalf of the Supported Providers, including to health care authorities.
- Law Enforcement
We cooperate with government and law enforcement officials, agencies and private parties to facilitate enforcement and compliance with the law. We will disclose information about you to government or law enforcement officials, agencies or private parties to the extent that we, in our sole discretion, believe such disclosure is necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of WellCo or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.
- Business Transfers
- Accessing and Updating Your Personal Information and Preferences
If (i) your Personal Information changes, (ii) you no longer desire to use the Platform, or (iii) you wish to update your preferences to receive SMS messaging or other communications from us, you may correct, delete inaccuracies, or amend your Personal Information and preferences by making the change on our user information page or by emailing us at email@example.com. We will use our best efforts to respond to your access request within 30 days.
- Linked Sites.
In addition to the third-party entities referenced above, we may provide links to other third-party websites through the Platform solely as a convenience to you. However, such linking does not mean, and should not be interpreted to mean, that GoGetTested.com endorses, is affiliated with or makes any representations concerning such third-party websites. GoGetTested.com neither reviews, nor controls, nor is responsible for these third-party sites or any content therein. By using such links, you will leave the Platform. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk. GoGetTested.com shall not be liable for any consequences arising from use of any third-party websites to which the Platform link.
We strive to maintain the security of your information by using appropriate measures designed to protect our systems. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet, and any information you transmit to us you do at your own risk. Consequently, we do not insure or warrant the security of any information you transmit, and you do so at your own risk.
- Data Retention
- Contact Us