As a participant in the Teleflex Incorporated (“Teleflex”) text and web-based program:
- I certify that I am over 18 years of age and a resident of the United States.
- I agree to (1) receive text messages and/or email messages related to benign prostatic hyperplasia (BPH) / bladder health for 6 months or until I reply STOP, or the BPH Advisor program is otherwise discontinued; (2) complete and submit online and/or mobile program survey(s); and (3) contact my healthcare provider if I have questions about the information available through the program or about my health condition, medications, or treatment.
This program does not provide medical advice, professional diagnosis, treatment, or services. Medical information provided by Teleflex and Gold Group Enterprises, Inc. dba GoMo Health (“GoMo Health”) is for informational and educational purposes only. After reading program messages or web pages, you are encouraged to review the information carefully with your healthcare provider. Information entered by you through the program will not be used to evaluate whether you should seek medical care. Never disregard professional medical advice, delay in seeking treatment, or rely on the information contained in this program in place of seeking professional medical advice.
The information sent through text/email should not be considered a medical consultation, nor is it meant to replace a healthcare provider’s decisions about the appropriateness or risks of a procedure given to a patient. If you think you may have a medical emergency, call your healthcare provider or 911 immediately.
Medical information changes constantly. Teleflex and GoMo Health do not guarantee the accuracy, adequacy, timeliness or completeness of any of the information on this site or any linked websites, and we are not responsible for any errors, omissions, or any consequences arising from the use of the information contained at this or any linked website.
References to any entity, product, service, or source of information not related to Teleflex and GoMo Health should not be considered an endorsement, either direct or implied, by Teleflex or GoMo Health. Teleflex and GoMo Health do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be provided on any linked websites. The linked websites may contain text, graphics, images, or information that you find offensive. Teleflex and GoMo Health have no control over and accept no responsibility for such materials. We hope that you find this program useful in providing information about certain conditions and helpful in making your own healthcare decisions.
Health Safety Procedures
I understand and acknowledge that this program is not a substitute for receiving healthcare from a healthcare provider or following my healthcare provider’s recommended care plan. I understand the program is designed to give me background information that may be helpful in managing my health. I understand that the information available through the program may not be complete or necessarily apply to my health.
I understand that GoMo Health will collect information, including my personal information, and I consent to the collection and usage of such information for the purposes described in these Terms and Conditions:
Information on urinary symptoms regarding:
- Incomplete emptying
- Weak Stream
- Quality of Life
Information regarding indicated urinary condition:
- Type of urinary condition
- Current type of care received for urinary condition
- History of dizziness, falls and/or lightheadedness
- Status on whether the participant has a catheter (tube) or has ever required a catheter (tube) longer than 24 – 48 hours.
- Current or most recent type of treatment for urinary condition
- Supplements taken for urinary condition
- Name of medications prescribed for urinary condition
- Procedures had for urinary condition
- Satisfaction level with urinary condition treatment
- Treatment goals for urinary condition
- Lifestyle challenges related to urinary condition
- Mobile phone number
- Email address
GoMo Health and Teleflex respect your privacy. Teleflex has engaged GoMo Health to provide the BPH Advisor Program, a software platform with educational content that is available via a web link in a care message via text.
Teleflex will not receive any identifiable personal information about you as part of this program other than your email address, which will be used solely for communications about new and existing products and services. You have the right to opt out of these communications. Any other information Teleflex receives about you will be in an aggregated or deidentified format. This information may include indicated urinary symptom severity and details, past or current methods of treatment for indicated urinary condition, treatment preferences, goals, and any additional information collected through the program.
GoMo Health collects participant information submitted to this program in their enrollment forms and survey responses, including the BPH Symptom Screener and the myBPH Questionnaire. This includes phone numbers, email addresses, medical conditions, or treatments. When a participant sends a text or email message with program-specific data from his/her mobile phone number and/or e-mail address, the full content of the message, attached files, or other information provided may be recorded by GoMo Health. That information is not shared with Teleflex.
In addition, GoMo Health may gather information about you automatically through the use of the https://bphadvisor.gomocompanion.com/(Program Website) and additional URLS provided in the messages, your IP address and how you navigate our Site.
An IP address is a number that is automatically assigned to a participant computer when they use the Internet. In some cases, an IP Address may stay the same from browser session to browser session; but if participants use a consumer internet service provider (ISP), your IP Address will likely vary from session to session. The program may use both session Cookies (which expire once the web browser closes) and persistent Cookies (which remain on the computer until deleted) to provide a more personal and interactive program experience. Persistent Cookies can be removed by following the Internet browser’s help file directions. Participants may manage cookie preferences via browser settings (see http://www.aboutcookies.org for more information).
This program offers choices to participants regarding the collection, use and sharing of their personal information. Participants have a right at any time to unsubscribe and discontinue program contact by replying “STOP” at any time after receiving a text message.
Participants may contact GoMo Health directly, via email, at firstname.lastname@example.org.
Use and Disclosure of Information
In general, GoMo Health may use personal information about participants for the following purposes: to enable participant access to program services; to personalize the content provided by the program; to inform future outreach activities; to improve program performance.
The de-identified and aggregated participant information that GoMo Health provides to Teleflex may be used by Teleflex to assess the performance of the BPH Advisor Program, understand participant preferences, and conduct customer service analytics. Such information cannot reasonably be re-associated or connected with you. Teleflex’s use of your email address will be limited solely to marketing communications and, with the exception of the aforementioned limited use where Teleflex may share the email addresses with marketing service providers, will not be shared with or sold to any third parties.
Except as otherwise stated in these Terms and Conditions, GoMo Health does not sell, trade, rent or otherwise share the information that we collect with third parties.
We may, when required, provide participant information to third-party service providers or affiliates who work on our behalf, to provide the relevant program services. Examples of such services include sending texts, analyzing data, and providing customer service. If you are not willing to allow the program to use or disclose your collected personal information as identified above, you may choose to not participate in the program.
The program uses Google Analytics to analyze how visitors interact with the Program Website. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on the Program Website and where visitors went when they left the Program Website.
The program may also de-identify participant information to help ensure that such information cannot reasonably be re-associated or connected with participants. Generally, this information is de-identified and aggregated to be used in statistical analysis to help analyze patterns of use. These Terms and Conditions do not limit use or disclosure of de-identified information (i.e., that is not connected with an individual user) in any way, and we reserve the right to use and disclose such information to program partners, sponsors and other third parties at our discretion.
In the event GoMo Health goes through a business transition such as a merger, acquisition by another company or sale of all or a portion of our assets, your personal information may be among the assets transferred. Program participants acknowledge that such transfers may occur and are permitted by these Terms and Conditions and that any acquirer will continue to process personal information as set forth in Terms and Conditions.
GoMo Health may disclose personal information if it is believed in good faith that such disclosure is necessary to; (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights, property, or you the participant. You hereby consent to us sharing your personal information under the circumstances described herein.
We use technical, administrative, and procedural measures that are designed to safeguard your information from unauthorized access or use. No such measure is ever 100% effective, so we do not guarantee that your personal information will be secure from theft, loss, or unauthorized access or use.
GoMo Health uses Secure Sockets Layer (SSL) technology for our Site to keep your personal information as secure as possible.
I understand that text and email are not considered a secure technology and that the messages I receive may indicate the nature of my condition. Beyond the nature of my condition, GoMo Health will not send information about my health via text or email as part of this program.
We will retain your information for as long as you are a participant in the program unless there is a legal obligation to which we are subject, or in light of our legal position it is advisable to retain your information.
California “Do Not Track” disclosure
California law (CalOPPA) requires GoMo Health to let you know how we respond to web browser “Do Not Track (DNT) signals.” Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not honor Do Not Track requests at this time.
We do not knowingly collect any personal information from children under the age of 13 through our Site. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce these Terms and Conditions by instructing their children never to provide personal information to us without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at email@example.com.
Prohibited Uses of The Platform
You shall not transmit, redistribute, or promote any communications, content, or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, obscene, or otherwise objectionable; (c) infringes, misappropriates, or violates the intellectual property rights or other rights of any third party; (d) impersonate any person, business, or entity, including our company, employees, or agents; (e) violate any law; or (f) amounts to any conduct that, in our judgment, restricts, impairs, interferes, or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Platform. You shall not: (g) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Platform; (h) cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform; or (i) access or use the Platform to collect any market research for a competing business.
DISCLAIMER AND LIMITATION OF LIABILITY
THE CONTENT PROVIDED ON THE PLATFORM AND IN ANY OTHER COMMUNICATIONS FROM, OR PROVIDED THROUGH, THE PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. TELEFLEX AND GOMO HEALTH MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO YOUR MEDICAL HISTORY OR MEDICAL RECORDS.
YOU ACKNOWLEDGE THAT THE PLATFORM MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
GOMO HEALTH AND TELEFLEX DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) GOMO HEALTH AND TELEFLEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.