Website and/or App Terms & Conditions

Welcome to DPV MOBILE LAB’s official website. The following Terms and Conditions apply to your use of this website and all associated mobile APPS and the information and content available on the website and such APPS.

As used in these Terms and Conditions, “DPV Mobile Lab” includes www.dpvmobilelab.com, and any associated mobile applications (i.e., “app”), “DPV TRANSPORTATION, INC” and its affiliates, parents, subsidiaries, successors and assigns. “DPV MOBILE LAB” as referred to herein includes use of its website and APPS for all purposes. DPV may be referred to in these Terms and Conditions as “we,” “us,” “our” and the like. You may, in some instances, be referred to as a “user” herein.

  • Incorporation

These Terms and Conditions are deemed to incorporate our Privacy Policy as if fully stated herein. The foregoing introductory paragraphs are also deemed incorporated into this agreement.

  • Acceptance Procedure

By visiting, registering for, accessing, viewing and/or otherwise using our website & APPS and its information and content and by communicating with DPV MOBILE LAB in any manner, you accept, without limitation or qualification, the following Terms and Conditions, which constitutes an agreement between you and DPV MOBILE LAB. We may change these terms from time to time. Please read and review these Terms and Conditions carefully before using this website and/or APPS and communicating with us. If you do not agree to these Terms and Conditions, you may not access or use the website and/or APPS or communicate with us.

We reserve the right, at our sole discretion, to change these Terms and Conditions from time to time, and your continuing use of our website, APPS, services and/or your communication with us constitutes your acceptance of and agreement to any changed terms and conditions.

 

  • Not Professional Medical or Healthcare Advice

BY MERELY USING THIS WEBSITE and/or APP, YOU ARE NOT A PATIENT.  THE ADVICE YOU RECEIVE FROM YOUR HEALTH PROFESSIONALS SHOULD SUPERSEDE ANY INFORMATION YOU SEE ON THE WEBSITE and/or APP.

CONTACT 911 OR YOUR DOCTOR IN CASE OF ANY HEALTH EMERGENCY.

No Patient Relationship. Your use of the information and services available does not create a patient relationship with DPV MOBILE LAB.  You should consult in person with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues.  Never disregard professional advice or delay in seeking it because of information you read on DPV MOBILE LAB or due to information that is communicated to you by us.

Medical Emergency.  If you think you may have a medical emergency, call your doctor or 911 immediately.  DPV MOBILE LAB is not intended for emergency situations.

We may include a variety of information and content on and via our website and/or APPS including articles, videos, informative/educational materials, data, references, interactive community tools and advertising. This website and/or app also may contain general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website and/or app.

ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED MEDICAL OR CLINICAL PROFESSIONAL PURSUANT TO PERSONAL IN-PERSON EXAMINATION AND PROFESSIONAL CONSULTATION.

DPV MOBILE LAB DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON DPV MOBILE LAB.

While we hope you find it helpful, you should not use the information contained on DPV MOBILE LAB for selecting a specific course or method of treatment. Healthcare professionals using this website and services should also remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. HEALTHCARE CONSUMERS WHO USE THE INFORMATION FROM THIS WEBSITE and/or app DO SO AT THEIR OWN AND SOLE RISK.

 

  • Use at Own Risk; Limitation of Liability

YOUR USE OF DPV MOBILE LAB IS AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND OR NATURE.

USE OF THE WEBSITE, [APPS], FEATURES AND OTHER ITEMS, SERVICES AND PROVIDERS MADE AVAILABLE THROUGH OR VIA DPV MOBILE LAB IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, OR CUSTOM OF TRADE, AND NONINFRINGEMENT, OR OTHERWISE, AND DPV MOBILE LAB SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH USE, RESULTS OR RELIANCE.

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO DPV MOBILE LAB, OUR WEBSITE, APPS OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH THE DPV MOBILE LAB FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. It is your responsibility to evaluate the information provided on the website and/or app. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website and/or app with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or other qualified healthcare professional.

IN NO EVENT SHALL DPV MOBILE LAB BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITEAPPS AND ITS FEATURES.  THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DPV MOBILE LAB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND THIS LIMITATION AND OTHER PROVISIONS/TERMS OF THIS AGREEMENT SHALL ONLY BE MODIFIED BY A COURT OR ARBITRATOR AS NECESSARY TO MAKE IT ENFORCEABLE TO THE MAXIMUM EXTENT POSSIBLE. Without limiting the availability of protection under the prior provisions of this paragraph as available to greatest extent then-permitted by law and regulation, in no event shall DPV MOBILE LAB’s aggregate liability to you, if ever determined, for all damages, losses, or causes of action collectively exceed one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.  The parties have agreed that the limitations specified in this section will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. If the foregoing modification of terms is not possible in order to meet the expectations of DPV MOBILE LAB herein, then the invalidating clause shall be severable and void ab initio and not be deemed to affect other provisions hereof.

YOU SPECIFICALLY ACKNOWLEDGE THAT DPV MOBILE LAB SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM SERVICES RENDERED OR DISPENSED/SOLD BY ANY THIRD PARTY EVEN IF MARKETED OR LINKED TO ON OUR WEBSITE AND/OR APP OR COMMUNICATED TO YOU BY US IS SOLELY YOUR OWN.

  • Links to Other Websites; Healthcare Providers and Products

TO THE EXTENT THAT DPV MOBILE LAB SUGGESTS A NAME OF A PROFESSIONAL OR ENTITY THAT YOU MAY WISH TO CONSULT OR A PRODUCT YOU MAY WISH TO UTILIZE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH A THIRD PARTY’S PROVISION OF SERVICES AND PRODUCTS ARE NEITHER THE RESPONSIBILITY NOR UNDER THE CONTROL OF DPV MOBILE LAB, AND THAT SUCH DOES NOT CONSTITUTE AN ENDORSEMENT OR REPRESENTATION ABOUT THE QUALITY OF THEIR PRODUCTS, SERVICES, QUALIFICATIONS, CREDENTIALS OR EXPERIENCE — THE SERVICE AND PRODUCT PROVIDED IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY AND YOU SHALL LOOK SOLELY TO THEM FOR ANY REFUNDS, CLAIMS OF MALPRACTICE, INJURY OR OTHERWISE.

DPV MOBILE LAB may contain links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of DPV MOBILE LAB.  Similarly, this website may be accessed from third-party links over which DPV MOBILE LAB has no control. DPV MOBILE LAB cannot attest to the accuracy, reliability, timeliness or completeness of the information on any other website — the information provided is entirely the responsibility of the operator of the external website visited and DPV MOBILE LAB shall have no liability for any losses, damages or injuries of any kind arising from such third-party content or information.  Further, DPV MOBILE LAB does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites.  In the event that any external website relates to the provision of medical, healthcare or related services and/or items – or any other product or service – a link to such third party website on DPV MOBILE LAB does not constitute a recommendation by DPV MOBILE LAB of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH THIRD-PARTY WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD-PARTY PRODUCTS AND/OR SERVICES.

 

  • Sponsorships and Advertising

You understand that paid sponsorships and advertising may be used to supplement the information, content, and materials available on DPV MOBILE LAB. DPV MOBILE LAB is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the DPV MOBILE LAB website and/or app. DPV MOBILE LAB is not responsible for the content of any third-party sponsor’s or advertiser’s website and/or app to which DPV MOBILE LAB links. In all cases involving materials available on or otherwise distributed through the DPV MOBILE LAB website and/or app, the disclaimers, limitations of liability and other provisions of these Terms and Conditions shall apply. With respect to any other content, products, goods or services available on any third-party website and/or app, under no circumstances will DPV MOBILE LAB be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

Please note that patient email addresses may be used for marketing purposes. Patients may opt out of receiving any marketing-related emails by selecting the “unsubscribe” option at the bottom of any e-mail.

 

  • Copyright Ownership; Notification of Possible Copyright or Other Infringement

You acknowledge and agree that DPV MOBILE LAB consists of proprietary property of DPV MOBILE LAB protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to DPV MOBILE LAB are and shall remain with DPV MOBILE LAB.

DPV MOBILE LAB owns and/or may license certain of the information and content on the DPV MOBILE LAB website.  All content on, as well as the design of, our website and/or app is protected under United States and international copyright laws. For information appearing on our website and/or app under license from a third party, all copyrights in that information remain with that third party. You may look at our website and/or app, download individual materials to your computer or phone for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting/posting it on your own or another website and/or app, or using it in any other manner for any commercial purpose without our prior written permission.

DPV MOBILE LAB owns the names and logos we use for our products and services on our website and/or app, and these names and logos are protected by United States and international trademark laws. All trademarks used on our website and/or app and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that DPV MOBILE LAB actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

In the event you believe that material or content published on the website and/or app may infringe on your copyright or trademark, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Louidjy Laflaise, send a detailed e-mail message identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material including a screen shot and/or video to testing@dpvmobilelab.com,  or write to:

DPV MOBILE LAB

Subject: Copyright Infringement

383 Second St., Everett, MA 02128

Attn: Louidjy Laflaise, Safety and Compliance Officer

 

  • Software, Databases and Other Products

We may make software and accompanying documentation available for viewing, downloading and/or printing from our website and/or app. These materials are the copyrighted work of DPV MOBILE LAB or of the individuals or companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website and/or app; rather, you are allowed to access the software, data and documentation under the terms of a revocable license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer software. In addition, software available on our website and/or app may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

  • General Terms

These Terms and Conditions, the Privacy Policy and such additional terms you agree to upon using our website and/or app constitute the entire agreement between you and DPV MOBILE LAB concerning your use of the website and/or apps.  No joint venture, partnership, employment, or agency relationship exists between you and DPV MOBILE LAB as a result of these Terms and Conditions or use of the website and/or app.  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  Except as otherwise stated in these Terms and Conditions, if any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be invalid or exceed the scope of lawful authority, the parties nevertheless agree that the court or arbitrator shall endeavor to give effect to the parties’ intentions as reflected in the provision to the maximum extent available in the jurisdiction in which enforcement is available, and the other provisions of these Terms and Conditions remain in full force and effect.

  • Dispute Resolution

Mandatory arbitration.  Please read this carefully.  It affects user’s rights. You and DPV MOBILE LAB and each of our legal representatives, heirs, estates, successors, and assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement.  Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts.  Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.

Commencing arbitration.  A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message.  The notice to DPV MOBILE LAB should be addressed to testing@dpvmobilelab.com, with a copy to DPV MOBILE LAB, 383 Second St., Everett, MA 02128, Attn: Louidjy Laflaise, Safety and Compliance Officer. The notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or DPV MOBILE LAB may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer-related disputes (the “rules”), as modified by this agreement.  The rules and AAA forms are available at www.adr.org.

Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of arbitration in Boston, Massachusetts will be appointed pursuant to the rules, as modified herein.  The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties, and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No class actions.  User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at DPV MOBILE LAB’s option.

 

Decision of the arbitrator.  Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed.  The arbitrator may extend this deadline by 30 days in the interests of justice.  Arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award.  The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition.  The arbitrator will apply Massachusetts State law during the arbitration. To the extent these terms and user’s use of the service evidence a transaction involving interstate commerce, the United States federal arbitration act will govern the interpretation, enforcement, and proceedings pursuant to the mandatory arbitration clause in these Terms and Conditions.

Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which DPV MOBILE LAB seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond or other security, and notwithstanding anything herein to the contrary whatsoever, DPV MOBILE LAB may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.

Claims.  Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.

Improperly filed claims. All claims a user brings against DPV MOBILE LAB must be resolved in accordance with this section.  All claims filed or brought contrary to this section will be considered improperly filed.  Should user file a claim contrary to this section, DPV MOBILE LAB may recover attorneys’ fees and costs up to $5,000, provided that DPV MOBILE LAB has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.

Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at DPV MOBILE LAB’s sole option, the entirety of this section will be null and void, excluding this paragraph, in which case, the exclusive jurisdiction and venue of Boston, Massachusetts will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by DPV MOBILE LAB. Any other provisions of this agreement which are invalid in their entirety are severable.

  1. Governing Law; Choice of Forum

The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern these Terms and Conditions and your use of the website and/or apps. Your use of the website and/or apps may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms and Conditions. To the extent that any action relating to any dispute hereunder is required to be brought in a court of law, subject to the exceptions stated herein, it will be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts and you hereby irrevocably submit to personal jurisdiction, and waive any defense of inconvenient forum.

This website and/or app and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website and/or app is accessible to users outside of the United States, the information on the website and/or app pertaining to DPV MOBILE LAB information, services and products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. DPV MOBILE LAB makes no representation that materials on its website and/or app are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website and/or app from other locations do so on their own initiative and are responsible for compliance with local laws. DPV MOBILE LAB reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any services and/or products we provide. Any offer for any product or service made on this website and/or app is void where prohibited.

 

  • Miscellaneous

Users represent and warrant that their identity is accurately entered upon submitting a form, scheduling a service and/or creating an account and may not assign this agreement to anyone without the express written consent of DPV MOBILE LAB.  DPV MOBILE LAB may assign DPV MOBILE LAB’s rights and obligations under this agreement.  Captions contained in this agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this agreement or the intent of any provision of this agreement.  It is the intent of the parties that neither this agreement, nor any covenant in this agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.  If any provision of this agreement shall be held invalid or unenforceable by any arbitrator or court of competent jurisdiction or as a result of future legislative action or otherwise, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this agreement.  All provisions of this agreement which by their nature should survive termination of this agreement shall survive such termination including, but not limited to, intellectual property ownership provisions, warranty disclaimers, and limitations of liability.  Users shall not at any time including after account or use/access cancellation disparage, impugn or deprecate the business, functionality, testing, services, products, software or reputation of DPV MOBILE LAB. The parties acknowledge and agree that this agreement shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all parties to this agreement.  Whenever the words “include,” “includes,” or “including” are used in this agreement, they shall be deemed to be followed by the words “without limitation.”  The parties shall take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this agreement whether or not specifically provided for in this agreement. All provisions of this agreement which by their express terms or reasonable implication must survive to be effectuated shall so be deemed to survive.

 

Effective date: December 29th, 2020

Last updated date: December 29th, 2020

Privacy Policy

Website/App Use Privacy Policy

 

WHEREAS, BY USING THE DPV MOBILE LAB WEBSITE/APP (WITH SUCH WEBSITE, MOBILE APP AND TEXT FUNCTIONALITY COLLECTIVELY CONSTITUTING THE “APP”, WHICH APP IS ALSO REFERRED TO IN THIS PRIVACY POLICY FOR EASE OF REFERENCE AS “DPV MOBILE LAB”, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY WHICH IS DEEMED INCORPORATED IN AND A PART OF THE TERMS AND CONDITIONS AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT ACCESS OR USE THE DPV MOBILE LAB WEBSITE and/or APP]. PLEASE REFER TO OUR NOTICE OF PRIVACY PRACTICES REGARDING OUR USE OF YOUR PERSONAL HEALTH INFORMATION (PHI) AND YOUR RIGHTS WITH REGARD TO SUCH PHI.  

 

WHEREAS, as used in this Privacy Policy, terms have the same meaning as set forth in our Terms and Conditions unless otherwise expressly indicated. This policy does not apply to the practices of companies that we do not own or control or to people that we do not employ (i.e., such as third-party independent customer healthcare providers that license our technology or contract for items and services). “DPV TRANSPORTATION, INC” D/B/A “DPV MOBILE LAB”, and its affiliates, parents, subsidiaries, successors and assigns may be referred to in this Privacy Policy as “we,” “us,” “our” and the like.  The terms “website”, “services”, and the like similarly mean the App. Any capitalized term used but not defined in this Privacy Policy shall have the same meaning as in our underlying Terms and Conditions.

WHEREAS, unless otherwise stated, this Privacy Policy applies to personally identifiable information collected on the DPV MOBILE LAB website and/or through a DPV MOBILE LAB e-mail, portal or other contact system, including submission forms, telephone contact and user portals.

WHEREAS, this Privacy Policy applies to personally identifiable information collected on and after the date that this Privacy Policy is posted. However, for any DPV MOBILE LAB users who registered on or used our website prior to this date, we will apply this Privacy Policy to personally identifiable information associated with that account for continued access to and use of DPV MOBILE LAB, whether or not the user is specifically prompted to accept changes/additions. 

The term “personally identifiable information” means information that identifies a particular individual or enables a party to contact an individual, and includes the individual’s name, postal address, e-mail address and telephone number as well as any “Personal Information” defined below. Personally identifiable information is sometimes referred to in this Privacy Policy as “Personal Information” whether or not the words are capitalized.

AGREEMENTS

NOW THEREFORE, In accordance with the HIPAA law, this notice describes DPV MOBILE LAB’ privacy practices and that of:

 

 

  1. How do we collect the personally identifiable information of our users?

DPV MOBILE LAB may collect certain personal identifiable information through a variety of means and sources about users who visit, contact, sign up/register for or otherwise use the DPV MOBILE LAB website/App or who call us. For example, we collect such information in the following manners:

 

  1. Information You Provide to Us

Much of the personally identifiable information we receive comes directly from users who are interested in signing up for DPV MOBILE LAB or who are interested in obtaining information, test results, services or products from us or independent third parties with which we have a relationship. We collect personal information when you register on, complete a profile/account on or contact us through our website and/or App or when you e-mail or call us. We may also collect other types of information (non-identifiable information), such as gender, age, personal interests and medical or health-related information that we may associate with personally identifiable information.

When you access our website and other services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) medical data (such as the doctors or other health care providers you use, your reasons for testing, your dates of service, your medical history, and other medical and health information you choose to share with us), and (4) other information that you voluntarily choose to provide to us, including without limitation; social security number, unique identifiers such as passwords, and Personal Information in emails, contact submissions, letters that you send to us or provide through calls. You might still be able to access and use some or all of DPV MOBILE LAB if you choose not to provide us with any Personal Information, but the features and services of DPV MOBILE LAB that require your Personal Information as then-applicable will not be accessible to you. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

 

  1. Information Collected Through Technology

We may collect information through technology to make our website more useful to you and to track user web/app activity and interests. Our website/app may use “cookies,” which are pieces of information a website/app sends to your computer or mobile device while you are viewing the website/app, for a variety of purposes. For example, when you return to our website/app after logging in, cookies may provide information to the site so that the website/app will remember who you are. We may also use information collected through web beacons, which are small pieces of data that are embedded in images on the pages of the website/app, to analyze the traffic patterns on our website/app, such as the frequency with which our users visit various parts or pages of our website/app. We may also use these technical methods in HTML e-mails that we send to our users to determine whether our users have opened those e-mails and/or clicked on links in those e-mails.

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

If you do not accept cookies, you may not be able to use some features of DPV MOBILE LAB and we recommend that you leave them turned on.

You may be able to engage in certain transactions without registering and logging on to our website/app. We refer to all of these transactions that you engage in without registering and logging on to our website as “Non-Registered Transactions.” When you engage in Non-Registered Transactions (in addition to those engaged in registered user transactions, if any), we may gather personally identifiable information, such as your computer’s IP address and other traffic data. We may automatically collect the following traffic data: (1) IP address; (2) domain server; (3) type(s) of device(s) used to access DPV MOBILE LAB; (4) web browser(s) used to access DPV MOBILE LAB; (5) referring webpage or other sources through which you accessed DPV MOBILE LAB; (6) geo-location information; and (7) other statistics and information associated with the interaction between your browser, mouse or mobile device and DPV MOBILE LAB.

When you place telephone calls to us, we may also log your telephone number and geographic location.

Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through the mobile device, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and traffic data. As with other tracking tools, mobile device identifiers help DPV MOBILE LAB learn more about our users’ demographics and Internet behaviors.

We may manage and place advertisements or sponsorships on our website and/or app on behalf of third parties referred to herein as “network advertisers.” We may also use cookies and other technology to collect information when you click on or move your cursor over banner advertisements. Please note that once you have clicked on any such advertisement and have left our website and/or App, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser/sponsor to see how your personal information will be handled on its website or app. Advertisers or other third-party companies will not have access to our own cookies or our other information-gathering technology.

  1. Information That We Collect from Others

We may supplement personally identifiable information that we have collected directly from our users with other information that we obtain from third parties, such as third-party independent customer healthcare providers and suppliers you seek services and purchases from, or otherwise.

 

  1. PERSONALLY IDENTIFIABLE INFORMATION

PLEASE REFER TO OUR NOTICE OF PRIVACY PRACTICES REGARDING OUR USE OF YOUR PERSONAL HEALTH INFORMATION (PHI) AND YOUR RIGHTS WITH REGARD TO SUCH PHI.  

The below provides additional information regarding uses of personally identifiable information.

 

  1. How is personally identifiable information used?

We will not rent, sell, disseminate or share personally identifiable information about you which can be used to identify or contact you with non-affiliated companies or third parties other than to facilitate any testing, services and/or purchases through or via DPV MOBILE LAB or in conjunction with DPV MOBILE LAB and advertisements/sponsorships conducted via our website/app, as then-applicable, and to secure and store relevant information derived from those services, except when we have your permission and/or under the circumstances set forth in detail below; though we may do so in the event of the transfer of all or any portion of our business or assets to which this agreement relates and without any consideration to you.

Personally identifiable information collected may be shared within and used by DPV MOBILE LAB, and its affiliated companies, parents, subsidiaries, contractors and vendors for several purposes. For example, DPV MOBILE LAB may use your personal information to send you promotional materials about goods and services, including special offers and promotions, either offered by DPV MOBILE LAB or offered by third parties (sent by DPV MOBILE LAB on behalf of these third parties). These promotional materials may be sent to you by the App, push notifications, postal mail, e-mail or other means.

We may also use your personal information for “Operational Uses,” such as to complete transactions requested by you (for example, your purchase of or subscription to a product or service offered on or via our website or by a sponsor/third party provider), to send you administrative communications, and to render administrative scheduling services with third party independent customer providers.

DPV MOBILE LAB may take your personally identifiable information that is associated with other information about you (i.e. demographic information including age, sex, health condition, test sought, etc.) and make it non-personally identifiable (“non-identifiable”) by removing all personally identifiable characteristics, such as your name, address, phone number and e-mail address, and using it for any purpose whatsoever.

At times, DPV MOBILE LAB may engage companies to help deliver products or services that you request from or via DPV MOBILE LAB. Examples of these companies may eventually include call centers as well as packaging, printing, mailing or delivery companies. In these instances, there may be a need to share your information with these companies to fulfill your requests. Unless stated otherwise, these companies are allowed to gather, receive and use your information only for the purposes described in this paragraph, as required by law, or as you otherwise agree with them.

DPV MOBILE LAB may contract with a third party to help manage and optimize our Internet and mobile device business and communications. As described above, website tracking services help websites to measure the effectiveness of advertising and how visitors use a website through the use of web beacons and cookies provided by such company. The type of information we may collect includes, but is not limited to, the pages visited and links clicked by users. By supplementing our records, this information would help us to learn things such as what pages are most useful and attractive to our visitors and which of our tools and information most interest our visitors and users. Although the third-party company would log the information coming from our website on our behalf, we would control how that data and information may and may not be used, though we cannot be responsible for misconduct, acts or omissions by such third parties and you hereby waive any claim against us for same, fully acknowledging the risk of using and/or registering for DPV MOBILE LAB.

DPV MOBILE LAB will also disclose personal information when it believes in good faith that such disclosures (a) are required by law, such as to comply with a court order or subpoena, or (b) will help to enforce our Terms and Conditions including this Privacy Policy; protect your safety or security, including the safety and security of property that belongs to you; and/or protect the safety and security of our website and/or App, DPV MOBILE LAB, and/or third parties, including the safety and security of property that belongs to DPV MOBILE LAB or third parties.

We may also use, publish and exploit any information that is not Personal Information or that is not otherwise PHI as applicable (except to the extent the PHI is de-identified) for statistical, research, study, sale and other purposes, without any consideration due to you. We may, however, share Personal Information with any third-party companies that are commonly owned by us (even if distinct entities) or affiliated with us including for promotion of services to you (excluding information which counts as PHI, subject to appropriate HIPAA authorization as needed pursuant to such regulation).

 

  1. SMS/Text Communications

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.

 

  1. Do Not Track Disclosure

Do Not Track (“DNT”) is a preference you can set in certain web browsers including Chrome and Internet Explorer to inform websites that you do not want to be tracked. If a website operator receives a DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. You can enable or disable Do Not Track by visiting the Preferences or Settings of your web browser although not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. Therefore, DPV MOBILE LAB does not take any action to respond to DNT signals.

 

  1. What choices do you have about the collection and use of your personally identifiable information?

As a threshold, you should not register for or use DPV MOBILE LAB, access DPV MOBILE LAB or schedule testing or services via DPV MOBILE LAB if you do not agree to these terms.

With regard to personal information that you have provided under this Privacy Policy, there may be various opt-out choices available to you (where applicable). For example, you may be able to opt-out from e-mails (a) following any opt-out directions on the website/App or in the e-mail; and (b) by contacting us directly as described below.

Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make or later make a specific request for information or action from DPV MOBILE LAB or use particular DPV MOBILE LAB functionality that necessitates use of the Personal Information, (b) DPV MOBILE LAB uses your personal information for “Operational Uses” (as described above), (c) you either have engaged, simultaneously engage or later engage in Non-Registered Transactions as described above, or (d) DPV MOBILE LAB collects your personally identifiable information under any of the provisions above as a result of your use of its website/App.

Any opt-out choices may take time to be implemented and fully effective. Our systems may require time to update, and promotional mailings, by e-mail or otherwise, using personal information shared before your opt-out may already be in process. Thus, you might continue to receive promotional materials from DPV MOBILE LAB based upon the personal information you have provided under this Privacy Policy for up to ninety (90) days.

 

  1. What kinds of security measures do we take to safeguard your personally identifiable information?

The security of your information is of utmost importance to us. We limit access to personal information about you to employees or contractors who we believe reasonably need to come into contact with that information to provide testing, products or services to you or in order to do their jobs and further as set forth above. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.  Once information including Personal Information is accessed by a viewer or recipient including third-party healthcare providers, however, we have no control over the privacy or security of such information.

 

  1. How can you ask questions or send comments to us about this Privacy Policy?

If you have any questions or wish to send us comments about this Privacy Policy, you can e-mail us directly at testing@dpvmobilelab.com.

 

  1. How will you know if we amend this Privacy Policy?

We may amend this Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will notify you by sending you an e-mail at the last e-mail address that you provided us and/or by prominently posting a notice that the change was made or of the changes on the website/app covered by this Privacy Policy. Please note that, at all times, you are responsible for updating your personal information to provide us with your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us, through such mechanism we provide or make available to you. The effective date of this Privacy Policy is set forth at the bottom of this webpage. Your continued use of DPV MOBILE LAB after the effective date (and after the effective date of any change) constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE WEBSITE/APP.

 

  1. Third Party Software

We may incorporate third-party software as part of DPV MOBILE LAB, including without limitation open source third party software. Your use of such third-party software is subject to any and all applicable additional terms and conditions governing such use provided by the third-party software provider. Where applicable, additional notices relating to the third-party software may be provided by us, which for example may contain differing privacy policy and disclaimer notices applicable to the third-party software.

 

  1. Special Note to International Users

This website is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and/or disclosure that differ from United States laws or regulations, please be advised that through your continued use of this website, which is governed by U.S. law and regulation, this Privacy Policy, and our Terms and Conditions, you are transferring your personal information to the United States and you consent to that transfer.

 

Effective date: December 29th, 2020

Last updated date: December 29th, 2020

 

Rescheduling, Refunds and Discounts Policy 

✓ Our current policy states that ALL DEPOSITS ARE NON-REFUNDABLE. 

✓ A customer can reschedule a test at no cost as long as they notify us with no less than 6 hours prior to the initially scheduled time. 

✓ A $50.00 Rescheduling fee will apply if the customer requests to reschedule a test with less than 6-hour notice. 

✓ The customer must provide us with the exact number of tests they need. If they are not sure of the total number, agent must make sure to get verbal confirmation of the total amount to be charged, always giving them the option to reschedule the service in case they do not require the total requested tests for a $50.00 fee to cover our travel expenses. 

✓ If a customer initially requested a PCR test, but later decides to get an antigen test instead, we can refund the difference however we will discount a $5.00 fee for the refund processing. 

✓ Discounts for groups apply if all the tests will be all done in the same reservation (one trip). 

✓ If when doing a group testing service, the client decides to add more tests and the new total of tests qualifies for a higher discount, the new discount must be honored for the final total number of tests.