Last Updated: March 3, 2020
THIS POLICY CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at [email protected] or 1-800-456-2323.
You agree to give up your rights to participate in a class action or representative action with respect to any claim or controversy arising out of or relating to the Site, the Services or FPK. Neither you or FPK will be entitled to join or consolidate claims by or against other parties or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
Any claim or controversy arising out of or relating to the Site, the Services or FPK shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the Award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof. Arbitration costs shall be born by FPK.
Moreover the arbitrator(s) will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Class Action Waiver, Dispute Resolution & Arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator(s) will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties.
If any provision of this Class Action Waiver, Dispute Resolution & Arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
In addition to the uses described above or in our Terms and Conditions of Use, we may use the information that we collect from or about you to analyze and improve the content, materials and services that we make available on the Site, to notify you of changes made to the Site, to evaluate user needs and customize the Site content delivered to you according to those needs, to send you promotional materials that you request from us, and for other legitimate and lawful business purposes. If you contact us for support or assistance, we may use information about you or your system that you provide or that we collect for purposes such as verifying whether your system meets the minimum requirements needed to use the Site and our various services. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may store Collected Information in the United States, or we may transfer it to other countries.
If you wish to subscribe to our promotional emails, we will use your name and email address to send them to you. Out of respect for your privacy, you may choose to stop receiving our promotional emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at firstname.lastname@example.org.
We may share Collected Information with our authorized agents in order to provide services to you, and for any other lawful business reasons. If all or part of FPK is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
In certain situations, FPK Services may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may disclose Collected Information to the proper authorities if we become subject to a subpoena or court order or if we are otherwise legally required to disclose such information, such as bankruptcy proceedings. We may also use and disclose information about you to establish or exercise our legal rights, to enforce our Terms of Service, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
We may provide your personal information to companies that provide services to help us with our business activities. These companies are authorized to use your personal information only as permitted by law and only as necessary to provide these services to us.
When corresponding with FPK or our representatives, or when making a request for information or otherwise interacting with us through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection practices and our information security policy.
Upon request FPK Services, LLC will provide you with information about whether we hold any of your personal information. If your personally identifiable information ("PII") changes, or if you no longer desire our service, you may correct, update, amend your PII, delete inaccuracies or deactivate your web accessible account by calling us at 1-800-456-2323. We will respond to your request within a reasonable timeframe.
When you visit the Site, we may place a “cookie” or other online tracking device (e.g. web beacons) in order to improve your experience by recognising you when you visit the Site. The cookies we place may also collect information about your IP address, or clickstream data within our Site (i.e. the actions taken in connection with the Site). This information helps us improve the functionality of the Site.
STDcheck.com may keep track of the websites and pages users visit within the Site, in order to determine which STDcheck.com Services are most popular. This data is used to deliver advertising from STDcheck.com to customers whose behavior indicates that they are interested in a particular subject area. To opt out of such interest-based advertising, visit Digital Advertising Alliance’s Choices page at optout.aboutads.info.
("Cookies") are small pieces of text that store information on web browsers (such as Google Chrome, Mozilla Firefox, Safari, Microsoft Edge). Every web browser that accesses a website is assigned a unique Cookie. Different Cookies serve different purposes.
Session Cookies are specific to a particular visit and carry information as you view different pages within a Site. Session Cookies expire and delete themselves automatically in a short period of time, e.g., when you leave the Site or when you close your browser.
Persistent Cookies enable us to recognize you when you visit the Site and remember your preferences. Persistent Cookies are stored on your browser or mobile device until you choose to delete them, and otherwise typically delete themselves at expiration.
Third-Party Cookies are placed by someone other than us and may gather browsing activity across multiple websites and sessions. They are usually Persistent Cookies and are stored until you delete them or they expire based on the time period set by the Third-Party Cookie.
Web Beacons are graphic image files embedded in a page of a website typically used to monitor activity on the page. Those files are then sent back to the Web Beacon’s home server (which can belong to the host site, a network advertiser or some other third-party). A few examples of the type of data Web Beacons collect include: browser information such as your IP address, the URL of the page on which the Web Beacon is located, the type of browser that is accessing the site and the ID number of any Cookies on your computer previously placed by that server.
Application SDKs are third-party software development kits for mobile applications that are embedded in mobile applications. These Application SDKs permit the collection of information about the app itself, activity in the app, and the device the application is running on.
Other Tracking Technology We and in some instances our Marketing Partners use other tracking technologies. The Other Tracking Technology may have the capability to: recognize individual users devices when they access the Services through a device, remember a user’s preferences, the ability to keep track of users’ access to and use of the Services, analyze trends and personalize the Services (including advertising on the Site and on third-party websites) so that content is relevant to individual user’s interests. The Other Tracking Technology may infer these preferences based on: a device’s location, a user’s prior activity on the Site and other information that FPK or our Marketing Partners may have about our users. When you use the Services the Other Tracking Technology may collect information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, Cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagements, clicks and the associated dates and times).
The Cookies on the Site are generally used for one of the following purposes:
Essential Functionality These Cookies are essential to access some areas of the Site. For example, certain cookies enable us to identify customers that have an account setup and ensure that they have access to certain content.
Important Functionality These Cookies enable us to remember your preferences, such as your user name, preferred language or the region you are in and provide enhanced, more personalized features. They may also be used to provide Services you have asked for; such as watching a video.
Performance and Analytics These Cookies enable us to analyze how visitors use the Site and to monitor the performance of the Site. We use the information collected by these Cookies to improve the performance of the Site and our Services.
The specific providers we use are subject to change, however below is a list of some of our (“Marketing partners”):
Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" or "Settings" or "Preferences" section of your browser’s toolbar. If you reject our Cookies, certain of the functions and conveniences of our Site may not work properly but you do not have to accept our Cookies in order to productively use most features of the Site. If you have questions about how to reject Cookies on your specific device please check with the device manufacturer.
It is important to note that in order to use the opt-out services described below, such as the Network Advertising Initiative and the TRUSTed Ads™ program, you must not reject all Cookies because these opt-out procedures work by placing Cookies on your browser that enable these opt-out procedures to function. The "Opt-Out Cookies" are placed, for example, in order to help prevent the placement of Cookies used for the targeting of advertising.
Please note that your choice to stop tailored advertising is specific to the browser or mobile device that you are using so if you make a choice to opt out from one computer or mobile device and you want your opt-out to apply to a different computer or mobile device as well please opt out from that computer or mobile device too. In order to give you more control over your privacy choices FPK has implemented an opt-out mechanism for email marketing campaigns that allow you to unsubscribe at the bottom of any of our marketing emails or by submitting a request to [email protected]. Please note that even if you opt-out of our marketing campaigns, you may continue to receive generic advertisements for our Services. The Site does not respond to web browser "do not track" signals.
We have also set up a process for California residents to record their preference to opt-out of the sharing of their personal information with third parties in the future, in the unlikely event we would ever decide to do so. Please email [email protected] to record your California opt-out preference. Alternatively, you may call us at 1-800-456-2323.
For further information about the California Consumer Privacy Act, or our privacy practices generally, please visit https://oag.ca.gov/privacy/ccpa.
Individuals in California or other jurisdictions may have certain data subject rights, subject to certain limitations and/or restrictions. These rights may include the right to request access to and rectification or erasure/deletion of their personal information; and the right to ask for a copy of your personal information to be provided to you, or to a third party, in a digital format; and the right not to be discriminated against for the exercise of your privacy rights. If you would like to exercise your privacy rights, or have any questions with regard to those rights, please contact us at 1-800-456-2323 or send us your request via email to [email protected].
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at
FPK Services, LLC
Attention: Privacy Officer
11150 S Wilcrest Drive
Houston, TX 77099
Please indicate “California Rights” in the subject line of your email. STDcheck.com does not sell your personal data as defined by this law but will document and abide by all verifiable, data collection, right not to share, right not to sell, right to delete (other than as required by certain public health institutions like the California Department of Public Health a subdivision of the California Health and Human Services Agency and or the Centers for Disease Control Prevention or (“CDC”)) opt-out requests in the event we change this practice.
Nevada SB 220 gives consumers that are Nevada residents the right to opt-out of the sale of covered personal information that a website operator has collected or will collect about them. FPK does not sell personal information as defined by this Nevada Law, but will document and abide by verifiable opt-out requests in the event we change this practice. Consumers that are Nevada residents may submit requests to opt-out to [email protected]. Please indicate “Nevada Rights” in the subject line of your email. Note that submitting your Nevada opt-out preferences in this manner will NOT unsubscribe you from receiving text messages or email communications from STDcheck.com. All consumers, including Nevada residents, can do that as directed in any text you receive from us, or by clicking the unsubscribe link in commercial email communications you receive from us.
STDcheck.com is a U.S. company offering affordable lab testing services online to individuals within the United States, and works with CLIA-certified lab locations across the United States. STDcheck.com is not intended to be used by individuals outside of the United States; do not access or use the Site or use our Services if it is illegal to do so in your jurisdiction or if you live in or are a resident of a country that is a part of the European Union.
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.
STDcheck and its affiliates are committed to protecting the privacy of your identifiable health information. This information is known as (“protected health information”) or (“PHI”). PHI includes laboratory test orders and test results as well as invoices for the services we provide.
STDcheck is required by law to maintain the privacy of your PHI. We are also required to provide you with this Notice of our legal duties and privacy practices upon request. It describes our legal duties, privacy practices and your patient rights as determined by the Health Insurance Portability and Accountability Act of 1996 also commonly referred to as (“HIPAA”). We are required to follow the terms of this Notice currently in effect. We are required to notify affected individuals in the event of a breach involving unsecured protected health information. PHI is stored electronically and is subject to electronic disclosure. This Notice does not apply to non-diagnostic Services that we provide.
How We May Use or Disclose Your Health Information
We use your PHI for treatment, payment, or healthcare operations purposes and for other purposes permitted by law. Not every use or disclosure is listed in this Notice, but all of our uses or disclosures of your health information will fall into one of the categories listed below. We need your written authorization to use or disclose your health information for any purpose not covered by one of the categories below. You may revoke any authorization you sign at any time. If you revoke your authorization, we will no longer use or disclose your health information for the reasons stated in your authorization except to the extent we have already taken action based on your authorization.
The law permits us to use and disclose your health information for the following purposes: Treatment, Payment and Healthcare Operations, Business Associates, As Required by Law, Law Enforcement Activities and Legal Proceedings, Other Uses and Disclosures.
STDcheck provides laboratory testing for physicians and other healthcare professionals, and we use your information in our testing process. We disclose your health information to authorized healthcare professionals who order tests or need access to your test results for treatment purposes. Examples of other treatment related purposes include disclosure to a pathologist to help interpret your test results or use of your information to contact you to obtain another specimen, if necessary.
STDcheck will use and disclose your PHI for purposes of billing and payment. For example, we may disclose your PHI to obtain payment for our services.
STDcheck may use and disclose your PHI for activities necessary to support our healthcare operations, such as performing quality checks on our testing, internal audits, arranging for legal services or developing reference ranges for our tests.
STDcheck may provide your PHI to other companies or individuals that need the information to provide services to us. These other entities, known as "Business Associates," are required to maintain the privacy and security of PHI.
As Required by Law
We may use and disclose your PHI as required by law.
Law Enforcement Activities and Legal Proceedings
We may use and disclose your PHI if necessary, to prevent or lessen a serious threat to your health and safety or that of another person. We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI to appropriate agencies if we reasonably believe an individual to be a victim of abuse, neglect or domestic violence.
We may disclose your PHI as required to comply with a court or administrative order. We may disclose your PHI in response to a subpoena, discovery request or other legal process in the course of a judicial or administrative proceeding, but only if efforts have been made to tell you about the request or to obtain an order of protection for the requested information.
Other Uses and Disclosures
As permitted by HIPAA, we may disclose your PHI to:
We may also disclose relevant PHI to a family member, friend, or anyone else you designate in order for that person to be involved in your care or payment related to your care. We may also disclose PHI to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.
Note Regarding State Law
For all of the above purposes, when state law is more restrictive than federal law, we are required to follow the more restrictive state law.
Your Patient Rights
Amend Health Information
You may request amendments to your PHI by making a written request to [email protected]. However, we may deny the request in some cases (such as if we determine the PHI is accurate). If we deny your request to change your PHI we will provide you with a written explanation of the reason for the denial and additional information regarding further actions that you may take.
Accounting of Disclosures
You have the right to receive a list of certain disclosures of your PHI made by us in the past six years from the date of your written request. Under the law, this does not include disclosures made for purposes of treatment, payment, or healthcare operations or certain other purposes.
You may request that we agree to restrictions on certain uses and disclosures of your PHI. We are not required to agree to your request, except in certain situations.
Request Confidential Communications
You have the right to request that we send your health information by alternative means or to an alternative address, and we will accommodate reasonable requests.
Copy of This Notice
You have the right to obtain a paper copy of this Notice upon request.
How to Exercise Your Rights
You may write or send an email to us with your specific request, including requesting a form to complete to obtain a copy of your test results. STDcheck will consider your request and provide you a response.
If you believe your privacy rights have been violated, you have the right to file a complaint with us. You also have the right to file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights.STDcheck will not retaliate against any individual for filing a complaint.
To file a complaint with us, or should you have any questions about this Notice, send an email to us at [email protected], or write to us at the following address:
FPK Services, LLC
Attention: Privacy Officer
11150 S Wilcrest Drive
Houston, TX 77099
You may also contact the Privacy Officer at 1-888-789-5639 ext 1095.
We reserve the right to amend the terms of this Notice to reflect changes in our privacy practices, and to
make the new terms and practices applicable to all PHI that we maintain about you, including PHI created or
received prior to the effective date of the Notice revision. Our Notice is displayed on our website and a copy
is available upon request.
STDcheck and its affiliates comply with applicable federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability, or sex. STDcheck does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
If you believe that STDcheck has discriminated against you or your minor child on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with:
FPK Services, LLC
Attention: Privacy Officer
11150 S Wilcrest Drive
Houston, TX 77099
You can file a grievance in person or by mail or by email. If you need help filing a grievance, the STDcheck Privacy Officer is available to help you.
You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
1.800.368.1019, 800.537.7697 (TDD)
We take your privacy seriously. If you have questions, concerns, or feedback regarding the privacy of your personal and health information, you may contact us at 1-800-456-2323 or [email protected].
If you have a question that is medical in nature, about how our process works, or about service-related issues, please call us at 1-800-456-2323 and speak with a representative.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO OUR PRIVACY PRACTICES AND TO THE USES AND DISCLOSURES OF INFORMATION THAT WE COLLECT ABOUT YOU, AND YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE APPLICABLE TO YOU.
Last Updated: March 3, 2020
Copyright © 2020, STDcheck.com, All Rights Reserved
When you test with STDcheck.com, you can use any one of over 4,500 test centers that offer fast, private STD testing at your convenience. All test centers are accessible and used by most hospitals and doctors in your area. The STD tests we offer are FDA-approved / cleared and these testing centers are CLIA-certified.