Quest powered by 98point6 Terms of Use

Last Modified: 7/12/2023

PLEASE READ THESE TERMS OF USE CAREFULLY. Quest Diagnostics Health & Wellness, LLC (“us“, “our“, “we“) provides for companies (“Client(s)“) a platform to facilitate access to medical care and services rendered by licensed physicians and other licensed medical providers. Our Clients can use the platform and Services therein (collectively, the “App“), which can be accessed and used by their employees or customers (“Participants“).

These Terms of Use (this “Agreement“) creates a contract by and between Quest Diagnostics Health & Wellness, LLC and the person (“you,” “yourself,” or “your“) who is accessing and using the App, including any and all services provided therein. “You” means any adult user of the App as either on behalf of a Client or a Participant, or on behalf of an entity, individual or yourself.

This Agreement describes the terms and conditions for your use of the App. Also, upon your acceptance of the terms of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of receiving medical care using remote, electronic communications, as described in the Consent to Treat set forth in Section 6 below. And finally, by providing your mobile phone number through the app, you agree to opt-in to receive Security Code messages via SMS, as further described in Section 8 below. If you do not agree to all of the terms of this Agreement, do not access or use the App.

Your compliance with this Agreement is a condition to your access to and use thereof. By accessing or using the App, you accept and agree to be bound by these Terms of Use.

If you are registering on behalf of a Client, you represent that you are authorized to enter into and bind the Client to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Client and the right to access the App is revoked where these Terms or such use is prohibited.

By clicking on the button marked “I agree” you signify your assent to this Agreement, and, if you are a Client or Participant, to our Notice of Privacy Practices (“NPP“) (defined below).

1. Eligibility to Use the App. By using the App, you represent and warrant that all registration information you submit is truthful and accurate, that you will maintain the accuracy of such information, and that your use of the App does not violate any applicable law or regulation or any obligation you may have to a third party. You must be at least 18 years of age (or the age of legal majority where you live) in order to use the App.

2. Modifications to this Agreement. Quest Diagnostics Health & Wellness, LLC reserves the right to modify the terms, conditions, limitations, and restrictions set forth in this Agreement, or any policies related to access to and use of the App, at any time and in its sole discretion; provided, that, in the event that Quest Diagnostics Health & Wellness, LLC makes such a modification, it will endeavor to notify you and other users of the App of the modification the next time that you and others access the user accounts created at the App and allow you to review and accept this Agreement, as modified, prior to continuing to access or use the App. Your continued use of the App, following notice of such modifications, will constitute your acceptance of this Agreement, as modified. If you do not agree to any modifications of this Agreement or related policies, as they occur, you will immediately discontinue accessing or using the App.

3. License Grant. Subject to the terms of this Agreement, including the eligibility requirements set forth in Section 1 above, Quest Diagnostics Health & Wellness, LLC hereby grants to you a limited, non-transferable, non-exclusive right to use the App on any Internet-enabled device that you own or control solely for the purpose of obtaining medical care from those physicians and other medical providers to whom you are granted access via the App (the “Medical Providers“) in accordance with terms, conditions, limitations, and restrictions set forth in this Agreement, including, but not limited to, terms and conditions governing the payment of any fees required by Quest Diagnostics Health & Wellness, LLC.

4. Ownership of the App; Restrictions on Use. You agree with Quest Diagnostics Health & Wellness, LLC that, as between you and Quest Diagnostics Health & Wellness, LLC, the App, and all of the information, materials, features, functionality, and other content included in the App or otherwise made accessible to you via the App, including, but not limited to, any and all software, displays, images, graphics, text, algorithms, video, and audio and the design, selection, and arrangement of the same (collectively, the “Product“) is owned by Quest Diagnostics Health & Wellness, LLC, including any and all worldwide intellectual property rights and the trademarks, service marks, and logos contained therein, registered and unregistered, in or related to the Product, and any authorized or unauthorized enhancements, updates, upgrades, improvements, or other modifications to or reproductions or derivative works of the Product. The Product, including each of the elements described in the preceding sentence, is the property of Quest Diagnostics Health & Wellness, LLC and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Quest Diagnostics Health & Wellness, LLC reserves all rights in this regard. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit, or otherwise use the App. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Quest Diagnostics Health & Wellness, LLC, Quest Diagnostics Health & Wellness, LLC, or any third party.

To create an account, you must provide information as may be requested by Quest Diagnostics Health & Wellness, LLC . Quest Diagnostics Health & Wellness, LLC reserves the right to refuse to allow a user, whether a Client or a Participant, to open an account for any reason, or to limit the number of accounts a user can establish, all at its sole discretion. Each account registered with Quest Diagnostics Health & Wellness, LLC is for a single user only. Further, you acknowledge that only one user account is permitted per individual, and you agree that you will not create more than one user account for an individual user, including creation of one or more additional user accounts using alternate identification information. You are responsible for maintaining the confidentiality of any account authentication credentials used to access your user account. You may not share your account authentication credentials, if any, with anyone else or otherwise permit anyone other than yourself to access the Product using your user account or, if applicable, your account authentication credentials. You are responsible for maintaining the confidentiality of your own user account and account authentication credentials. Quest Diagnostics Health & Wellness, LLC reserves the right to cancel or suspend your access to the Product if you share your user account, create more than one user account for an individual user, or share your account authentication credentials.

You agree to notify Quest Diagnostics Health & Wellness, LLC immediately of any unauthorized use of your Quest Diagnostics Health & Wellness, LLC account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Quest Diagnostics Health & Wellness, LLC will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Quest Diagnostics Health & Wellness, LLC harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to Wellness@questdiagnostics.com that your account has been compromised and have requested that we block access to it. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the App.

Unless otherwise specifically agreed by Quest Diagnostics Health & Wellness, LLC in writing, you will not (a) reproduce, modify, make derivative works of, reverse engineer, decompile, or disassemble the Product, (b) modify copyright or other proprietary rights notices of Quest Diagnostics Health & Wellness, LLC or its licensors in or accompanying the Product, (c) make the Product available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the Product in order to build or support any products or services competitive with the Product, or inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Quest Diagnostics Health & Wellness, LLC or the Medical Providers.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) are not listed on any U.S. Government list of prohibited or restricted parties.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. The App is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. Quest Diagnostics Health & Wellness, LLC may direct you to an emergency room or other appropriate facility at any time.

5. Feedback; Testimonials. Quest Diagnostics Health & Wellness, LLC has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Product (“Feedback”), and nothing in this Agreement or in your Quest Diagnostics Health & Wellness, LLC’s dealings arising out of or related to this Agreement will restrict Quest Diagnostics Health & Wellness, LLC’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product. Quest Diagnostics Health & Wellness, LLC will publish your name or other identifying information in connection with any testimonial only with your prior approval.

6. Consent to Treat. You consent to receive medical care from the Medical Providers (as defined in Section 3 above) using remote, electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the App, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data (each instance, a “Visit“). You agree to be treated via a virtual visit with a physician or other medical provider (i.e., not an in-person visit) and understand that there are inherent risks and limitations associated with a virtual visit with a physician or other medical provider, including, but not limited to, risks and limitations arising from such physician’s or medical provider’s ability, or inability, to comprehensively assess and accurately diagnose illness, injury, disease, or other medical issues using remote, electronic communications.

You agree to accurately disclose your location prior to participating in a Visit using the App. Medical Providers will only be permitted to render medical care to you via the App if you are located in a state and jurisdiction in the United States of America in which such Medical Providers are licensed to practice medicine.

You understand and agree that, as part of a Visit using the App, you cannot select a specific Medical Provider. Further, you understand and agree that, due to emergencies, scheduling, and other circumstances, Quest Diagnostics Health & Wellness, LLC cannot warrant or otherwise guarantee, and does not warrant or otherwise guarantee, that you will have access to the Medical Providers, including any specific Medical Provider.

You acknowledge that the Medical Providers that render medical care to you via the App are engaged by physician groups and other medical care organizations that are affiliated with (e.g., subsidiaries of) or otherwise associated with (e.g., a subcontractor to) Steady MD or one of its affiliated physician groups or other medical care organizations and, in connection therewith, such Medical Providers may have a financial interest in Steady MD.

During your Visit, you consent to the following:

(a) Data, chat text, audio, video, and/or digital photos may be recorded;
(b) Details of your medical information may be discussed with you and the Medical Providers via the App using electronic technology, including chat, audio, video, and/or graphics technology;
(c) Virtual examination of you may take place; and
(d) Medical personnel and non-medical technical personnel may join the Visit, either physically or virtually, to aid in delivery of medical care to you.

All existing laws regarding your access to medical information and copies of your medical records apply to your Visit using the App. Reasonable efforts will be made to eliminate any confidentiality risks associated with your Visit. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your Visit. You understand that there are risks and consequences from a virtual visit with a physician or other medical provider, including, but not limited to, the possibility, that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons, and/or the electronic storage of your medical information could be accessed by unauthorized persons.

You may withhold or withdraw consent to the Visit at any time without affecting your right to future care or treatment.

7. Opt-In to Receive Security Code Messages via SMS. When you provide your phone number to create your account with Quest Diagnostics Health & Wellness, LLC you opt-in to the Security Code Message service and we will send you an SMS message to provide you with a security code, which will verify your identity and confirm you are signing up to receive Security Code messages for future sign ins to Quest Diagnostics Health & Wellness, LLC.

(a) Quest Diagnostics Health & Wellness, LLC will only send Security Code messages when you create your account and each time you sign in. Each message will provide you with a security code that you will enter into the app to verify your identity.
(b) You can cancel the Security Code service at any time but please be aware that canceling the service will also disrupt your ability to access care from Quest Diagnostics Health & Wellness, LLC. To cancel, just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
(c) If after unsubscribing, you decide you want to receive care again, opt back into the Security Code service by sending START to the same phone number and you will be able to receive Security Code services again. Quest Diagnostics Health & Wellness, LLC support can also restore Security Code message delivery; please create a request here: questsupport@98point6.com
(d) If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
(e) We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, Ntelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
(f) As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages when you create your account and each time you sign in to Quest Diagnostics Health & Wellness, LLC. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to questsupport@98point6.com

8. Users Receiving Promotional Access. Users receiving promotional access to the App shall have full access to the App and shall receive the same level of service as other users of the App. Quest Diagnostics Health & Wellness, LLC will direct users receiving a promotional price on how to access the promotion. For example, Quest Diagnostics Health & Wellness, LLC may provide a promo code that must be entered during the account registration process to access the promotion. If you are an employee of Quest Diagnostics Health & Wellness, LLC, your participation as a user of the App is NOT a requirement in order to obtain or continue employment, and any services that you receive in connection with the App are provided outside of the terms and conditions of your employment.

9. Limited Performance Warranty. We warrant to you that, during any period in which you have a user account in good standing and subject to your adherence to the terms and conditions of this Agreement at all times, the App, as provided by Quest Diagnostics Health & Wellness, LLC to you and without any modifications by you or others, will conform in all material respects to the documentation provided by Quest Diagnostics Health & Wellness, LLC to you in connection with your access to and use of the App that describes the design features and functionality of the App. Except for the limited performance warranty set forth in this Section 9, Quest Diagnostics Health & Wellness, LLC makes no warranties of any kind regarding the performance of the Product or the compatibility between the App and any future versions of it. If you identify an error, bug, or other non-conformity that does not comply with the limited performance warranty set forth in this Section 9, you will notify Quest Diagnostics Health & Wellness, LLC, and Quest Diagnostics Health & Wellness, LLC’s sole obligation, and your sole remedy, will be for it to use commercially reasonable efforts to correct the error, bug, or non-conformity. Your use of the App is at your sole discretion and risk. Except for the foregoing obligation, Quest Diagnostics Health & Wellness, LLC shall not have any obligation whatsoever to furnish any maintenance and support services with respect to the Product. Except as otherwise set forth in this Section 9 and to the maximum extent permitted by applicable law, the App, the Product as a whole, and any related services provided to you or your dependents (including, but not limited to, any medical care provided in connection therewith) are provided strictly on an “as is” and “as available” basis without warranty of any kind, express, implied, or statutory. While we make reasonable efforts to have Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find any Content to be informative or useful for your own needs.

THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC EXPRESSLY DISCLAIMS, ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP, CONTENT (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP; OR (II) THAT THE APP WILL BE ERROR-FREE OR WITHOUT INTERRUPTION; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APP; OR (IV) THAT THE PRODUCT WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR (V) THAT YOUR SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ACKNOWLEDGE THAT QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PRODUCT MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC WILL NOT BE LIABLE FOR ANY ALTERATION, THEFT, DESTRUCTION OR LOSS OF YOUR DATA, FILES, RECORDS, OR PROGRAMS.

We are not responsible for any incorrect or inaccurate content posted on the App, or by any of the equipment or programming associated with the App. We take no responsibility for third-party advertisements which are posted on this App, nor do we take any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

10. Limitations of Liability. Medical care made available via the App is rendered by Medical Providers at SteadyMD, contracted by Quest Diagnostics Health & Wellness, LLC. SteadyMD is, or otherwise comprises, a medical practice and medical organization. The Medical Providers at SteadyMD render the medical care made available via the App, including assessment, diagnosis, and treatment or referral, as appropriate, of any illness, disease, or other adverse medical conditions.

Quest Diagnostics Health & Wellness, LLC is not a medical practice or medical organization. Neither the App, the Services as a whole, nor any hardware, software, technology, or related services provided by Quest Diagnostics Health & Wellness, LLC are intended to treat any illness, disease, or other adverse medical condition and should not be considered the practice of medicine and are not the documentation of medical advice of any kind.

Quest Diagnostics Health & Wellness, LLC is not insurance. Quest Diagnostics Health & Wellness, LLC is not engaged in the business of insurance, and neither this Agreement nor any incorporated terms or conditions are or shall be deemed a contract for insurance. The fee, if any, earned by Quest Diagnostics Health & Wellness, LLC does not cover the provision of medical care. The fee earned by Quest Diagnostics Health & Wellness, LLC shall cover the rendering of medical care by the Medical Providers only and shall not cover the cost of any diagnostic tests, prescription medications or medical devices, or specialty medical care rendered by any third party.

Aside from personalized information you receive directly from one or more of the Medical Providers via the App during a Visit or in a care plan provided to you by a Medical Provider, the contents of the App, including but not limited to information you receive via our risk assessment tool, are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, treatment, or recommendations of any kind. Reliance on any information appearing on the App, except as otherwise described in this paragraph, is solely at your own risk.

Hardware, software, and other technology is complex and Quest Diagnostics Health & Wellness, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. Quest Diagnostics Health & Wellness, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the App, Services, or a combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the App or Services. Under no circumstances shall Quest Diagnostics Health & Wellness, LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the App or Services, from any Content posted on or through the App, App, or Services, or from the conduct of any Users of the App or Services, whether online or offline.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AGENTS, AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN OR SERVICES RELATED THERETO, OR THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE APP, APP, OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE, OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE APP IS TO STOP USING THE APP.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. IF YOU HAVE NOT MADE ANY PAYMENTS TO QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC FOR THE USE OF THE APP, APP, OR SERVICES, THEN QUEST DIAGNOSTICS HEALTH & WELLNESS, LLC SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

11. Confidentiality.
“Confidential Information” includes all confidential and proprietary aspects of the Product, in addition to any information you submit through the App that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal health information or other personal data or information).

Quest Diagnostics Health & Wellness, LLC and you (each a “Party“) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information.

The Parties agree that any breach of this Section 11 by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity, or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief without the obligation to post a bond.

12. Privacy. The Notice of Privacy Practices set forth below explains how Quest Diagnostics Health & Wellness, LLC treats your personal data and other information and protects your privacy. By accessing or using the App, you agree that Quest Diagnostics Health & Wellness, LLC can use such data and information pursuant to and in accordance with the Notice of Privacy Practices.

13. Term and Termination. The term of this Agreement commences upon your acceptance of this Agreement, as evidenced by your access to and use of the App. Quest Diagnostics Health & Wellness, LLC may suspend or terminate your access to and/or use of the App by canceling or suspending your user account at any time for any reason or no reason. If your account is terminated, you may not rejoin Quest Diagnostics Health & Wellness, LLC again without our express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account. Quest Diagnostics Health & Wellness, LLC may maintain, delete, or destroy all communications and materials posted or uploaded to the App per its record retention and/or content destruction policies. Whether during the term of this Agreement or after termination of this Agreement, Quest Diagnostics Health & Wellness, LLC has no obligation to continue to provide the Product or otherwise make the medical care available via the App; however, Quest Diagnostics Health & Wellness, LLC will provide access to you to any of your health records in Quest Diagnostics Health & Wellness, LLC possession as a result of this Agreement as may be required under applicable legal, ethical, and professional obligations. In the event of termination, Quest Diagnostics Health & Wellness, LLC shall refund to you all amounts you have paid in respect of Services that you have not received up to the effective date of the termination of your account.

If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the App and/or Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior, or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

14. Notices. Notices from one Party to the other shall be in writing and may be sent via email. You can notify Quest Diagnostics Health & Wellness, LLC or send questions, complaints, or claims related to the Product to Quest Diagnostics Health & Wellness, LLC by contacting Quest Diagnostics Health & Wellness, LLC at Wellness@questdiagnostics.com. Notices from Quest Diagnostics Health & Wellness, LLC to you will be sent to the email address or mailing address provided by you as part of your user account.

15. Indemnification. You agree to defend, indemnify and hold harmless Quest Diagnostics Health & Wellness, LLC and its officers, employees, directors, subcontractors, subsidiaries, affiliates, agents, licensors, suppliers, and other customers (including, but not limited to, employers facilitating use of or purchasing access to the App for their employees, group health plans facilitating use of or purchasing access to the App for their members, and other organizations and entities facilitating use of or purchasing access to the App for individuals affiliated with the organization or entity) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising directly or indirectly from, out of, or relating to your (a) your use of the App; (b) breach of these Terms by you or anyone using your computer or password; (c) any claim, loss or damage experienced from your use or attempted use of the App or the Services, including any message or Content you transmit through the App or Services; (d) your violation of any law or regulation; (e) your infringement of any right of any third party; and (f) any other matter for which you are responsible hereunder or under law.

16. Dispute Resolution:. For any dispute that you have against Quest Diagnostics Health & Wellness, LLC, you agree to first contact Quest Diagnostics Health & Wellness, LLC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice“) to Quest Diagnostics Health & Wellness, LLC by email at Wellness@questdiagnostics.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Any notice of a claim that Quest Diagnostics Health & Wellness, LLC provides to you will be similar in form to that described above.

You and Quest Diagnostics Health & Wellness, LLC agree that any dispute arising out of or related to this Agreement or the Product is personal to you and Quest Diagnostics Health & Wellness, LLC and will not be brought as a class arbitration, class action, or any other type of representative action or proceeding.

Any claim against Quest Diagnostics Health & Wellness, LLC arising out of or related to this Agreement or the Product must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you will not have the right to assert the claim.

17. Governing Law. This Agreement and your access to and use of the App, including the Product as a whole, are governed by the laws of the State of New York, USA, without regard to its conflict of laws principles (exclusive of its choice of law rules), and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws.

18. Miscellaneous. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the Parties, and that this Agreement shall in any event otherwise remain valid and enforceable. In no event will Quest Diagnostics Health & Wellness, LLC be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms, or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within Quest Diagnostics Health & Wellness, LLC’s reasonable control. This Agreement is for the benefit of, and shall be binding upon the Parties. No third-party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Quest Diagnostics Health & Wellness, LLC. You and Quest Diagnostics Health & Wellness, LLC are independent contractors with respect to this Agreement and the Product. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Quest Diagnostics Health & Wellness, LLC or enables you to act on behalf of Quest Diagnostics Health & Wellness, LLC . Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided upon registration.

19. Responsibility for Security Devices. You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Information System(s)“). In the event you are accessing the App through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your device access credentials at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations and ensure adequate security of your Information System(s). Each of you and Quest Diagnostics Health & Wellness, LLC agree to notify the other of any violation of data security of which they become aware.

20. Links to Third-Party Websites. The App and/or Services (including, without limitation, advertisements) may contain links to third-party websites for your convenience, including, without limitation, for the purpose of reviewing or purchasing items. Quest Diagnostics Health & Wellness, LLC is not responsible for the content of such third-party websites and does not make any representations or warranties regarding such websites or their content. Use of or reliance on such third-party websites is at your sole risk. Additionally, Quest Diagnostics Health & Wellness, LLC cannot accept responsibility for any payments processed or submitted through such third-party sites, or for the privacy practices of any such sites. Quest Diagnostics Health & Wellness, LLC is not responsible for content or services available by means of such sites. Quest Diagnostics Health & Wellness, LLC does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

21. Prohibited Uses. You agree that you may not, and may not allow any third party, to do or attempt to do any of the following:
Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
Use, modify, sell, assign, or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use the Application in any way for any public or commercial purpose.
Decipher, reverse engineer, disassemble, or decompile any software and/or code if and as applicable, used to provide the App or in connection with the Product, including framing or mirroring any part of the App
Circumvent, disable, or otherwise interfere with security-related features of the Services or the App, or features that prevent or restrict use or copying of any Content.
Use any robot, spider, App search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App.
Use or access another user’s account or password without permission.
Use the App in any manner not permitted by these Terms.
Use the Application for any purpose in violation of local, state, national, or international laws.
Use the App, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms.
Use the Product as a means to distribute or post advertising or other unsolicited material to any party.
Impersonate any person or entity or falsely represent your identification or affiliation.
Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Quest Diagnostics Health & Wellness, LLC or the Medical Providers.
Distribute viruses or other harmful computer code.
Harvest or otherwise collect information about others.
Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
Interfere with the operation of the Application or any other Quest Diagnostics Health & Wellness, LLC product, service, hardware, software, technology, equipment, network, or systems.
Copy or distribute in any medium any part of the Product.
Post, distribute or edit any Content or links in violation of the requests or wishes of the individual that provided you with such Content or links.
Use or access the Application in an abusive, excessive, or inappropriate manner as determined in the sole discretion of Quest Diagnostics Health & Wellness, LLC, which may include, but is not limited to:

Initiating or engaging in excessive, superfluous, or unsuitable Visits.
Repeatedly terminating or dropping off Visits prior to their conclusion.
Repeated failure to respond to and comply with the Medical Providers’ follow-up and treatment plans.
Creating a hostile environment, harassing one or more Medical Providers, or otherwise engaging in inappropriate behavior through the use of the Product.

If Quest Diagnostics Health & Wellness, LLC becomes aware that any person or entity is using the App in violation of this Agreement, Quest Diagnostics Health & Wellness, LLC may prohibit and block or terminate such person’s or entity’s access to and/or use of the App.

Notice of Privacy Practices

We know that privacy is important to you. Your privacy is important to us too. This Notice explains how Quest Diagnostics and its affiliates (“Quest”, “we”, “our”) collect information from or about you (“you” or “your”) when you visit the websites or any applications, social media networks, interactive features, and other services that link to this Notice (the “Platforms”), and how we use, maintain, protect and disclose that information.

If you are using our Platforms in connection with our HIPAA covered services, please refer to our HIPAA Notice of Privacy Practices, which describes how we use and disclose your protected health information, our legal duties with respect to your protected health information, and your rights with respect to your protected health information and how you may exercise them. In connection with HIPAA covered services, in the event of conflict between this Notice and our HIPAA Notice of Privacy Practices, our HIPAA Notice of Privacy Practices will prevail.

Information We Collect

We may collect information about you including non-personally identifiable information and/or “Personal Information,” which is information that may identify, relate to, describe, or be capable of being associated with or reasonably linked, directly or indirectly, with a particular identified or identifiable person or household.

Personal Information we might collect includes data such as the following:

Type of Information	Categories of Sources	Business or commercial purposes for collection	Disclosed for a Business Purpose?	Third parties to whom Disclosed for Business Purpose
Identifiers such as a real name, postal address, unique personal identifier, online identifier, Internet Protocol address, signature, email address, account name, or other similar identifiers.	Direct contact with users through the Platforms, phone, email, web form and social media.	As described below, e.g., to provide you with products and services and for internal purposes.	Yes	Service providers, marketing and promotional partners, other entities that provide a service directly to you.
Financial information such as credit card number or debit card number and address or other information related to a billing or payment transaction.	Direct contact with users through the Platforms, phone, email and social media; from subsidiaries and affiliates and third parties.	As described below, e.g., to provide you with products, schedule an appointment, or complete transactions, and for internal purposes.	Yes	Service providers and affiliates.
Professional or employment-related information.	Direct contact with users through the Platforms, phone, email and social media and from service providers assisting in filling open positions.	To process applications for potential employment and for internal employment and benefit purposes.	Yes	Service providers; where permitted or with consent, with third parties such as future employers or pursuant to legal request.
Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Platforms, cookies and other tracking technologies, third parties and affiliates such as service providers.	As described below, e.g., for internal and marketing purposes.	Yes	Service providers, analytics, marketing, and promotional partners.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, form submissions, email unsubscribes and subscribes, email engagement or advertisement.	Platforms.	As described below regarding cookies, e.g., for internal purposes and for marketing purposes, as described in our Cookie Notice.	Yes	Service providers, analytics, marketing, and promotional partners.
Geolocation data.	Platforms; e.g. to provide nearby Patient Service Center locations.	As described below regarding cookies, e.g., for internal, marketing, and other operational and business purposes.	Yes	Service providers, marketing and promotional partners.
Inferences drawn from any personal information collected to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Direct contact with users through the Platforms, phone, email and social media; cookies and other tracking technologies, third parties and affiliates such as service providers.	As described below, in order to facilitate more targeted marketing, as well as for internal reporting and analytics purposes.	Yes	Service providers, marketing and promotional partners, third parties for operational purposes.
Quest employee information, including employee identification number, identifiers and address details, contact information, employment details, job location, financial or payroll related information, other potentially sensitive personal information including National or State Identification Numbers for various employment-related purposes or background checks, and dependent information for the administration of certain employee benefits or programs.	Direct contact with Quest employees and any third-party employee recruitment sources.	To conduct background checks and for other purposes in the ordinary course of employment (e.g., to facilitate onboarding processes, manage compensation, provide benefits, review performance, etc.)	Yes	Service providers, marketing and promotional partners, third parties for operational purposes
Sensitive personal information, including driver’s license number, national or state identification number, citizenship status, immigration status, race, national origin, religious or philosophical beliefs, sexual orientation, sex life, precise geolocation, information concerning your health, and genetic information.	Direct contact with users and Quest employees	Internal reporting and analytics purposes, for other purposes in the ordinary course of employment, and to facilitate more targeted marketing.	Yes	Service providers, analytics, marketing, and promotional partners, and third parties for operational purposes.

We do not consider Personal Information to include information that can no longer be used to identify a specific natural person, whether in combination with other information or otherwise. For example, de-identified or aggregated consumer information.

Additionally, the following types of information are not considered Personal Information:

publicly available information from government records; or
information excluded from the applicable data privacy law’s scope, including but not limited to PHI covered by HIPAA, information derived from PHI that is de-identified in accordance with HIPAA, and personal information we handle in our capacity as a service provider to a business.

If we combine non-personally identifiable information with Personal Information, we will treat such information appropriately, but not all rights may apply to the non-personally identifiable information portion.

How We Use Personal Information That We Collect for Business or Commercial Purposes
We may use your Personal Information:

to fulfill the purposes for which the information was provided (e.g., to provide a service or perform on a contract); to identify you in order to respond to requests, provide services or products, personalize information we provide to you, or otherwise as described below;
to communicate with you about your account or our relationship, such as making announcements about the Platforms or our privacy policies and terms;
to send push notifications and other information through our Platforms;
to design, improve and administer our Platforms;
to improve our products and services;
to recruit and evaluate job applicants and candidates for employment and to conduct background checks;
to engage in the ordinary course of employment (e.g., facilitate onboarding processes, manage compensation, provide benefits, review performance, etc.) and for other internal human resources purposes;
to audit and measure user interaction with our Platforms, so we can improve the relevancy or effectiveness of our content and messaging;
to develop and carry out marketing, advertising and analytics;
to provide texts or emails containing information about our products or services, or events or news, that may be of interest to recipients, as permitted by law;
to deliver content and products or services relevant to your interests, including targeted ads on third party sites;
to detect security incidents or monitor for fraudulent or illegal activity;
to enable security measures (such as, to protect our Platforms, customers, employees and business partners);
debugging to identify and repair errors;
to protect our rights and to protect your safety or the safety of others;
to investigate fraud or respond to government inquiries;
to complete corporate transactions (from time to time, we sell, buy, merge or otherwise reorganize our businesses, and these corporate restructurings may involve disclosure of Personal Information to prospective or actual purchasers, or the receipt of it from sellers);
to comply with laws, regulations or other legal process; or
otherwise use your Personal Information with your consent.

We may also use your Personal Information to:

provide you with the services and products you request or that have been ordered and/or requested by your healthcare provider;
process or collect payments for our services; or
respond to your questions and otherwise provide support you request.

We may use Precise Location Data from your device in accordance with the device’s consent process on some of our Platforms to help us improve your user experience and provide information that is relevant to you, such as nearby Patient Service Center locations.

When you choose to print or email one of your results from within the MyQuest application, the result file is temporarily stored on your mobile device to aid in more efficient delivery of your result. The result file will be deleted from your mobile device storage once the action of printing or emailing is complete.

How Long We Retain Your Personal Information

Quest Diagnostics retains your Personal Information only for as long as is necessary for our legitimate business purposes. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups. This applies to all categories of Personal Information in use by us.

Selling Personal Information or Disclosing of Personal Information for Targeted Advertising

We do not sell Personal Information. We may disclose the following categories of Personal Information to the categories of third parties listed below for the purpose of targeted or cross-context advertising (under California law, this is called “Sharing”):

Type of Information	Disclosed for Targeted Advertising?	Third parties to whom Disclosed for Targeted Advertising	Business or commercial purposes for Disclosing for Targeted Advertising
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Yes	Marketing and promotional third parties such as advertising and social networks.	For marketing our products and services to you, and promoting career opportunities.
Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Yes	Marketing and promotional third parties such as advertising and social networks.	For marketing our products and services to you, and promoting career opportunities.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.	Yes	Marketing and promotional third parties such as advertising and social networks.	For marketing our products and services to you, and promoting career opportunities.
Geolocation data.	Yes.	Marketing and promotional third parties such as advertising and social networks.	For marketing our products and services to you, and promoting career opportunities.
Inferences drawn from any personal information collected to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Yes	Marketing and promotional third parties such as advertising and social networks.	For marketing our products and services to you, and promoting career opportunities.

Cookie Notice

Our websites, like almost all other websites, use cookies and other technologies to make the website work as you expect and to collect and share information. Please see our Cookie Notice for more information.

Keeping Your Information Secure

Quest Diagnostics has adopted physical, technical and administrative measures that are designed to prevent unauthorized access or disclosure, maintain data accuracy, and ensure appropriate use of Personal Information. We cannot, however, ensure or warrant the security of information. No security measures are infallible.

How can you help protect your information?

If you are using a Quest Diagnostics Platform for which you registered and chose a password, you should not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the Quest Diagnostics Platform and close your browser window when you have finished your work.

Please note that unencrypted email is not a secure method of transmission, as information in such emails may be accessed and viewed by others while in transit to us. For this reason, we prefer that you not communicate confidential or sensitive information to us via regular unencrypted email. We will, however, honor patient requests for communications through unencrypted email.

Links to Other Sites

Our Platforms may be accessed from or contain links to other websites that we do not own or operate. If you access those links, you will leave our Platforms. Quest does not control those third party websites or their privacy practices, which may differ from ours. We do not endorse or make any representations about third-party sites, including about the content or security of those sites. The information you choose to provide to or that is collected by these third parties is not covered by this Notice.

Children’s Privacy

We do not knowingly collect information from children (as defined by COPPA) and we do not target our Platforms to children. If we learn that we have collected any information from children, we will delete it. For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

Additional Rights of Individuals in Certain Jurisdictions

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:

1. The Right to Know About Personal Information Collected, Disclosed, or Sold.

Residents of certain U.S. states have the right to request that Quest disclose what Personal Information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the categories of Personal Information we have collected about you, the categories of sources from which that information is collected, how we use the information (e.g., our business or commercial purposes for collecting Personal Information), categories of other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you. For further details about this information, please visit the Information We Collect section above.

If you are a resident of a state that confers this right and would like to request to access your information, you may visit your state’s section below.

California
Virginia
Colorado
Connecticut

When you make a request under your Right to Know, you can expect the following:

b) We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.

c) We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

d) In certain cases, a Request to Know may be denied. For example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

2. The Right to Access and Receive your Specific Personal Information

Residents of certain U.S. states have the right to request that Quest provide a portable copy of the Personal Information it collects, uses, discloses, and sells. You can request a listing of the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling personal information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you. For further details about this information, please visit the Information We Collect section above.

If you are a resident of a state that confers this right and would like to request a portable copy of your information, you may visit your state’s section below.

California
Virginia
Colorado
Connecticut

When you request a portable copy of your information, you can expect the following:

d) In certain cases, a Request to Access may be denied. For example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

3. The Right to Correct Personal Information.

Residents of certain U.S. states have the right to request that Quest correct the Personal Information it collects, uses, discloses, and sells. This is called the “Right to Correct”. Under the Right to Correct, you can request a correction of any inaccurate Personal Information, and Quest will use commercially reasonable efforts to correct this information.

If you are a resident of a state that confers this right and would like to request to correct your information, you may visit your state’s section below.

California
Virginia
Colorado
Connecticut

When you make a request under your Right to Correct, you can expect the following:

a) We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, so that we can verify that you are who you say you are. Which information may depend on the type and sensitivity of information requested.
b) We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
c) We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
d) In certain cases, a Request to Correct may be denied. For example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

4. The Right to Request Deletion of Personal Information about You.

Residents of certain U.S. states have a right to request the deletion of their Personal Information collected or maintained by Quest. If you are a resident of a state that confers this right and would like to request to delete your information, you may visit your state’s section below.

California
Virginia
Colorado
Connecticut

When you make a request for deletion, you can expect the following:

We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, in order for us to verify that you are who you say you are. Which information may depend on the type and sensitivity of information that you would like to have deleted.
We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
In certain cases, a request for deletion may be denied, for example, if we cannot verify your identity; the law requires that we maintain the information (e.g., to comply with federal and state medical record retention requirements); or, if we need the information for internal purposes such as to continue to provide you services. If we deny your request, we will explain why we denied it, and delete any other information that is not protected from deletion.

5. The Right to Opt-Out of the Sale or Cross-Context Behavioral Advertising of Personal Information

This Section of the Notice also serves as a Notice to residents of the State of California and the Commonwealth of Virginia of their right to opt-out of the sale of Personal Information and of the use of Personal Information for certain types of advertising.

Residents of California have a right to direct businesses not to sell or share their Personal Information if the businesses otherwise would. Virginia residents have the right to direct businesses not to process their personal data for purposes of (i) targeted advertising, (ii) sale, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. Under California and Virginia, this is known as the “right to opt out.” We do not sell your Personal Information. However, when you visit our websites, we may share information about your use of our website with our advertising and analytics partners. You can opt out of sharing or using your Personal Information for the purposes of targeted advertising, by interacting with the cookie banner that may appear at the bottom of Quest websites the first time you come to the website or the “Your Privacy Choices” link that may appear in the footer of our websites. You can also opt back into these cookies through the same link.

For more information about your right to opt-out, please see your state’s section below.

California
Virginia
Colorado
Connecticut

6. The Right to Limit the Use or Disclosure of Sensitive Personal Information
Residents of certain U.S. states have a right to limit the use or disclosure of sensitive Personal Information, including one’s precise geolocation and health-related information, by Quest. For more information about your right to limit the use or disclosure of sensitive Personal Information, please see your state’s section below.

California

7. The Right to Appeal a Business or Controller’s Refusal to Take Action

Residents of certain U.S. states have a right to appeal if the consumer’s privacy rights-related request is denied in whole or in part. For more information about your right to appeal, please see your state’s section below.

Virginia
Colorado
Connecticut

8. The Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You have a right not to receive discriminatory treatment by Quest for exercising any of your privacy rights conferred by your state’s consumer privacy laws. Quest will not discriminate against any consumer because such person exercised any of the consumer’s rights under these privacy laws, including, but not limited to:

denying goods or services;
charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties;
providing a different level or quality of goods or services; or
suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Quest may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.

9. Authorized Agents

Certain state residents may designate an authorized agent to make a request on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

California Resident’s Privacy Rights

California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)

The California Consumer Privacy Act (CCPA), which has been amended by the California Privacy Rights Act (CPRA), is a law intended to enhance privacy rights and consumer protection for residents of the state of California. The CCPA and CPRA apply to certain business entities that do business in California. For further details on the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you, please visit the Information We Collect section above.

The following rights apply to all California residents (but not including legal entities, such as companies):
If you are a California resident, you have certain rights regarding your Personal Information that is covered under the CCPA.
Please review each of the rights, below, and the section that follows for more information applicable to these rights.

The Right to Know
The right to receive (“access”) a copy of your Personal Information
The Right to Correct
The right to request deletion of your Personal Information
The right to opt out of certain disclosures (“sharing”) of your Personal Information (for more information about your right to opt-out, please see our Notice of Right to Opt-Out)
The right to limit the use or disclosure of your sensitive Personal Information. We collect sensitive Personal Information either (i) when we collect your IP address when you visit a website related to your health information or (ii) if you are an employee or contractor of Quest. You can limit the use of disclosure of your sensitive Personal Information as set forth in subsection (i) by interacting with the cookie banner that may appear at the bottom of Quest websites the first time you come to the website or the “Your Privacy Choices” link in the footer of our websites. You can also opt back into these cookies through the same link. With regard to subsection (ii), we do not use your sensitive Personal Information for any purpose that is subject to limitation. In addition, we may collect sensitive Personal Information as part of protected health information. Please note that such sensitive Personal Information is subject to our HIPAA Notice of Privacy Practices and not subject to the CPRA. For more information on how we use and disclose your protected health information, please visit this link.

These rights will not apply, however, if Quest Diagnostics does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CCPA and CPRA do not protect information that is already protected by certain other privacy laws such as HIPAA and do not protect information that is already publicly available).

Request under CPRA

To make a request under the CPRA visit our online form. You may also call (833) 341-0196.

“Shine the Light” Law

Under California Civil Code Section 1798.83, California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about the Personal Information we shared, if any, with other businesses for their own direct marketing uses during the prior year.

Virginia Resident’s Privacy Rights

Virginia Consumer Data Protection Act (VCDPA)

The Virginia Consumer Data Protection Act (VCDPA) is a law intended to enhance privacy rights and consumer protection for residents of the state of Virginia. The VCDPA applies to certain business entities that do business in Virginia. For further details on the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you, please visit the Information We Collect section.

The following rights apply to all Virginia residents (but not including legal entities, such as companies):

The Right to Know
The right to receive (“access”) a copy of your Personal Information
The Right to Correct
The right to request deletion of your Personal Information
The right to opt out of certain disclosures of your Personal Information (for more information about your right to opt-out, please see our Notice of Right to Opt-Out)
The right to appeal a Controller’s refusal to take action regarding a privacy rights request.

These rights will not apply, however, if Quest does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the VCDPA does not protect information that is already protected by certain other privacy laws such as HIPAA and does not protect information that is already publicly available).

Requests under VCDPA

To make a request under the VCDPA you may visit our online request form. You may also call (833) 341-0196. To exercise your right to appeal, you may email us at Privacy@QuestDiagnostics.com and include the Request ID from your previous request.

Colorado Resident’s Privacy Rights

Colorado Privacy Act (CPA)

The Colorado Privacy Act (CPA) is a law intended to enhance privacy rights and consumer protection for residents of the state of Colorado. For further details on the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal
Information that we have collected about you, please visit the Information We Collect section.

The following rights apply to all Colorado residents (but not including legal entities, such as companies):

The Right to Know
The right to receive (“access”) a copy of your Personal Information
The Right to Correct
The right to request deletion of your Personal Information
The right to opt out of sales or certain disclosures of your Personal Information (for more information about your right to opt-out, please see our Notice of Right to Opt-Out)
The right to appeal a Controller’s refusal to take action regarding a privacy rights request.

These rights will not apply, however, if Quest does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CPA does not protect information that is already protected by certain other privacy laws such as HIPAA and does not protect information that is already publicly available).

Requests under CPA

To make a request under the CPA you may visit our online request form. You may also call (833) 341-0196. To exercise your right to appeal, you may email us at privacy@questdiagnostics.com and include the Request ID from your previous request.

Connecticut Resident’s Privacy Rights

Connecticut Data Privacy Act (CTDPA)

The Connecticut Data Privacy Act (CTDPA) is a law intended to enhance privacy rights and consumer protection for residents of the state of Connecticut. The CTDPA applies to certain business entities that do business in Connecticut. For further details on the types of Personal Information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling Personal Information), other individuals and business with whom we share Personal Information, and the specific pieces of Personal Information that we have collected about you, please visit the Information We Collect.

The following rights apply to all Connecticut residents (but not including legal entities, such as companies):

The Right to Know
The right to receive (“access”) a copy of your Personal Information
The Right to Correct
The right to request deletion of your Personal Information
The right to opt out of sales or certain disclosures of your Personal Information (for more information about your right to opt-out, please see our Notice of Right to Opt-Out)
The right to appeal a Controller’s refusal to take action regarding a privacy rights request.

These rights will not apply, however, if Quest does not collect any Personal Information about you or if all of the information we collect is exempt from the statute (for example, the CTDPA does not protect information that is already protected by certain other privacy laws such as HIPAA and does not protect information that is already publicly available).

Requests under CTDPA

To make a request under the CTDPA you may visit our online request form. You may also call (833) 341-0196. To exercise your right to appeal, you may email us at privacy@questdiagnostics.com and include the Request ID from your previous request.

EU/European Economic Area/United Kingdom: If you are located in one of these locations, this Notice does not apply to you. Please click here to access the Data Protection Notice for Patients and other Individuals located in these areas.
EU-US Privacy Shield Framework
As further described in our Privacy Shield Notice, Quest Diagnostics and some of our US-based affiliated companies have certified to and adhere to the principles of the EU-US Privacy Shield framework, but no longer rely on it as a legal basis for transfers of personal data in light of the Schrems II decision. As of July 16, 2020, we instead rely on other available transfer mechanisms, such as the Standard Contractual Clauses and supplementary measures, as appropriate. For more information on Privacy Shield or to view our certification, please visit here.
Non-Discrimination Notice and Language Assistance Services

Please refer to our Non-Discrimination Notice which includes language assistance services.

Updates To This Privacy Notice

From time to time, we may change this Privacy Notice. If we make changes, we will revise the “Last Updated” date at the bottom of this Notice. We encourage you to review this Notice periodically to be sure you are aware of those changes. Changes will become effective as of the “Last Updated” date.

Contact Us

Should you have any questions about this Notice or our privacy practices more generally, please email us at Privacy@QuestDiagnostics.com or write to us at:
Quest Diagnostics
Attention: Privacy Office
500 Plaza Drive
Secaucus, NJ 07094
You can also call us at 800-222-0446, ext. 1020123.

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Notice of Privacy Practices

Information We Collect

Type of Information

Categories of Sources

Business or commercial purposes for collection

Disclosed for a Business Purpose?

Third parties to whom Disclosed for Business Purpose

We may also use your Personal Information to:

How Long We Retain Your Personal Information

Selling Personal Information or Disclosing of Personal Information for Targeted Advertising

Type of Information

Disclosed for Targeted Advertising?

Third parties to whom Disclosed for Targeted Advertising

Business or commercial purposes for Disclosing for Targeted Advertising

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