Sharing results with a provider can make them part of medical records
Function advises discretion about sharing results and strongly discourages posting them on social media. If you give results or other Personal Information to a healthcare provider, they may become medical records accessible to insurers or other providers, subject to law. This is a warning about your disclosures, not a statement that Function automatically sends results to insurers.
Supporting quotations
e. You acknowledge that Function recommends your careful discretion in deciding what aspects of your Lab Results to share, how to share them (e.g., we strongly advise against posting Lab Results on social media), and with whom. You further acknowledge that, to the extent you disclose your Lab Results, or any other Personal Information, with a healthcare provider, such data and information may become part of your medical records and may thereby be available to insurance companies and/or other healthcare providers, except as limited by applicable law.
Sharing & Disclosure · Restriction or exception
You must have consent for automated invitation texts
You may invite others by supplying numbers or selecting uploaded contacts. Asking Function to send an automated invitation represents that invitees consent and that you are authorized to convey their consent.
Supporting quotations
You can invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list (if you have uploaded one). By asking us to invite others to use the Service, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us.
Sharing & Disclosure · Permission or license
Contractors and providers may share results to facilitate your services
For facilitated testing and medical care directly for you, you authorize affiliated contractors and providers to transmit documents containing Personal Information, including Lab Results, among themselves as necessary for the services and to recipients you specifically designate for your results. This does not establish unrestricted sharing with all third parties.
Supporting quotations
c. In furtherance of facilitating third-party laboratory testing and medical care services directly for you, you hereby expressly permit affiliated contractors and providers to (i) receive, handle, store, transport, and analyze your Sample; (ii) transmit and disclose documents and files containing and/or reflecting Personal Information (including without limitation Lab Results) (1) within and among one other as necessary to furnish and/or facilitate the Services and (2) to persons and/or entities whom you specifically designate for receipt of your Lab Results.
Legally required disclosures may occur without another notice or consent
Function and providers, laboratories, professionals, vendors and suppliers may have independent legal or reporting duties. You authorize disclosures of personal, health and other information required to meet them, including to public-health, regulatory, law-enforcement or government bodies, without further notice or authorization to the extent permitted or required by law and consistent with the Privacy Policy. That policy’s separate text is not supplied here.
Supporting quotations
d. You acknowledge and agree that Function and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Function and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Function’s Privacy Policy.
Not stated here
Function and providers, laboratories, professionals, vendors and suppliers may have independent legal or reporting duties. You authorize disclosures of personal, health and other information required to meet them, including to public-health, regulatory, law-enforcement or government bodies, without further notice or authorization to the extent permitted or required by law and consistent with the Privacy Policy. That policy’s separate text is not supplied here.
Sharing & Disclosure · Restriction or exception
Third-party privacy practices and reporting duties remain separate
Function disclaims control over third-party terms and privacy practices, even for facilitated offerings, and requires a release for related claims to the fullest extent law allows. It recommends reviewing their terms before use. The clause specifically includes independent reporting duties: the supplied reporting provision authorizes required disclosures, without further notice or consent only as permitted or required by law and consistent with Function’s Privacy Policy. Third-party policies and the separate Privacy Policy are not supplied here.
Supporting quotations
f. YOU ACKNOWLEDGE AND AGREE THAT NEITHER FUNCTION NOR OUR AFFILIATES HAS ANY CONTROL, INPUT, OR AUTHORITY WITH RESPECT TO ANY THIRD PARTY'S TERMS OF SERVICE, PRIVACY POLICY, OR RELATED POLICIES AND PRACTICES — INCLUDING WITHOUT LIMITATION POLICIES AND PRACTICES RELATING TO THE COLLECTION, STORAGE, AND USE OF YOUR PERSONAL INFORMATION — EVEN IF FUNCTION INCORPORATES, LINKS TO, RELIES ON, OFFERS, FEATURES, AND/OR OTHERWISE FACILITATES ACCESS TO THE OFFERINGS OF SUCH THIRD PARTIES. THIS INCLUDES, WITHOUT LIMITATION, DISCLOSURES REQUIRED TO SATISFY INDEPENDENT LEGAL OR REGULATORY REPORTING OBLIGATIONS AS DESCRIBED IN SECTION 10(d). YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE FUNCTION AND OUR AFFILIATES AND HOLD FUNCTION AND OUR AFFILIATES HARMLESS FROM ANY CLAIM ARISING OUT OF AND/OR RELATING TO ANY THIRD PARTY'S TERMS OF SERVICES PRIVACY POLICY, AND/OR RELATED POLICIES AND PRACTICES. YOU FURTHER ACKNOWLEDGE THAT FUNCTION STRONGLY RECOMMENDS THAT, FOR ALL THIRD-PARTY OFFERINGS YOU ENCOUNTER IN CONNECTION WITH OUR PRODUCTS AND SERVICES, YOU CAREFULLY REVIEW ALL APPLICABLE TERMS OF SERVICE, PRIVACY POLICIES, AND RELATED POLICIES AND PRACTICES PRIOR TO ACCESSING, USING, AND/OR INTERACTING WITH SUCH OFFERINGS.
d. You acknowledge and agree that Function and its third-party providers, laboratories, medical professionals, vendors, and suppliers may have independent legal, regulatory, public health, or reporting obligations under applicable federal, state, or local laws, rules, or regulations. You expressly authorize Function and such third parties to disclose Personal Information, health information, and other data as required to comply with such obligations, including without limitation reporting to public health authorities, regulatory agencies, law enforcement, or other governmental entities, without further notice to or authorization from you, to the extent permitted or required by law and consistent with Function’s Privacy Policy.
Not stated here
Function disclaims control over third-party terms and privacy practices, even for facilitated offerings, and requires a release for related claims to the fullest extent law allows. It recommends reviewing their terms before use. The clause specifically includes independent reporting duties: the supplied reporting provision authorizes required disclosures, without further notice or consent only as permitted or required by law and consistent with Function’s Privacy Policy. Third-party policies and the separate Privacy Policy are not supplied here.
Sharing & Disclosure · User right or choice
Health-information sharing is optional, off by default and revocable
Optional features may let a user grant read-only access to selected information categories. Only that user can enable, change or revoke it; Family Plan status or payment alone is insufficient. Enabled sharing may cover current and future information until revocation is processed. Revocation ends access through Function but cannot undo information already viewed or saved. Recipients cannot edit accounts, order services, answer communications or make healthcare decisions. Function may change feature availability, scope or controls.
Supporting quotations
i. Optional Account Features. Function may make optional account features available that allow a User to give another User read-only access to specified categories of information. Participation in a Family Plan, payment for a Seat, or status as the Payer does not itself authorize access to another User’s Personal Information, Lab Results, clinician notes, messages, or other health information. Any such access is optional, off by default, and may be enabled, modified, or revoked only by the User whose information is involved. If enabled, access may include current and future information within the selected category until revoked. Revocation ends access through Function when processed, but Function cannot control, rescind, or otherwise manage information the recipient previously viewed or separately saved. Access does not permit the recipient to edit or control the other User’s Account, order Services, respond to communications, or make healthcare decisions on the other User’s behalf. Function may establish or modify the availability, scope, and controls associated with these features.
Family Plan participants may see limited administrative information
Function may send billing and plan-status communications to payers and member-specific messages to members. It may disclose reasonably necessary administrative data to the payer, such as names, invite/Seat status, price and renewal date, and limited directory or invite details to participants, including names, emails, roles and participation dates. This is not general access to health data or individual purchases.
Supporting quotations
o. Plan Administration and Privacy. Function may send the Payer communications relating to Family Plan billing, Seat status, renewal dates, payment failures, Invites, approvals, and other Plan administration. Function may send a Sponsored Member communications relating to that Sponsored Member’s own Account, Seat, Services, and Sponsorship status. Function may disclose to the Payer limited administrative information reasonably necessary to operate the Family Plan, such as participants’ names, Invite status, Seat and Sponsorship status, applicable Seat price, and renewal date. Function may make limited Plan-directory and administrative information visible to Plan participants, such as participants’ names, email addresses, Plan roles, and Plan participation dates. Function may also make limited information about pending Invites visible to Plan participants, such as the invitee’s name or email address and Invite status. Except for limited appointment information that Function, in its discretion, makes available through an authorized coordinated-scheduling feature, this administrative access does not include access to another participant’s health information, laboratory results, clinical communications, appointments, or individual purchases. Function does not disclose one Plan participant’s health information to another solely because they participate in the same Family Plan, use the same Payment Method, live in the same household, or identify a particular relationship. These circumstances do not constitute a HIPAA authorization, healthcare proxy, power of attorney, personal-representative designation, or other legal authority to access or control another person’s health information. Function’s collection, use, and disclosure of Personal Information in connection with the Family Plan is governed by the Privacy Policy and applicable law.
Sharing & Disclosure · Restriction or exception
Household, relationship and payment links do not authorize health-data sharing
Administrative plan access excludes health information, lab results, clinical communications, appointments and individual purchases, except limited appointment information in an authorized coordinated-scheduling feature. Shared plans, payment methods, homes or relationship labels do not constitute medical consent, proxy or other authority. Optional read-only sharing requires the information subject’s separate opt-in and remains revocable. The Privacy Policy also governs; its separate text is not supplied here.
Supporting quotations
o. Plan Administration and Privacy. Function may send the Payer communications relating to Family Plan billing, Seat status, renewal dates, payment failures, Invites, approvals, and other Plan administration. Function may send a Sponsored Member communications relating to that Sponsored Member’s own Account, Seat, Services, and Sponsorship status. Function may disclose to the Payer limited administrative information reasonably necessary to operate the Family Plan, such as participants’ names, Invite status, Seat and Sponsorship status, applicable Seat price, and renewal date. Function may make limited Plan-directory and administrative information visible to Plan participants, such as participants’ names, email addresses, Plan roles, and Plan participation dates. Function may also make limited information about pending Invites visible to Plan participants, such as the invitee’s name or email address and Invite status. Except for limited appointment information that Function, in its discretion, makes available through an authorized coordinated-scheduling feature, this administrative access does not include access to another participant’s health information, laboratory results, clinical communications, appointments, or individual purchases. Function does not disclose one Plan participant’s health information to another solely because they participate in the same Family Plan, use the same Payment Method, live in the same household, or identify a particular relationship. These circumstances do not constitute a HIPAA authorization, healthcare proxy, power of attorney, personal-representative designation, or other legal authority to access or control another person’s health information. Function’s collection, use, and disclosure of Personal Information in connection with the Family Plan is governed by the Privacy Policy and applicable law.
i. Optional Account Features. Function may make optional account features available that allow a User to give another User read-only access to specified categories of information. Participation in a Family Plan, payment for a Seat, or status as the Payer does not itself authorize access to another User’s Personal Information, Lab Results, clinician notes, messages, or other health information. Any such access is optional, off by default, and may be enabled, modified, or revoked only by the User whose information is involved. If enabled, access may include current and future information within the selected category until revoked. Revocation ends access through Function when processed, but Function cannot control, rescind, or otherwise manage information the recipient previously viewed or separately saved. Access does not permit the recipient to edit or control the other User’s Account, order Services, respond to communications, or make healthcare decisions on the other User’s behalf. Function may establish or modify the availability, scope, and controls associated with these features.
Not stated here
Administrative plan access excludes health information, lab results, clinical communications, appointments and individual purchases, except limited appointment information in an authorized coordinated-scheduling feature. Shared plans, payment methods, homes or relationship labels do not constitute medical consent, proxy or other authority. Optional read-only sharing requires the information subject’s separate opt-in and remains revocable. The Privacy Policy also governs; its separate text is not supplied here.
Sharing & Disclosure · Permission or license
Necessary purchase and delivery information may be shared with providers
Purchases authorize sharing Personal Information, including financially sensitive Payment Information, with affiliates, payment providers, labs, shipping and other providers as reasonably necessary to facilitate purchase or delivery of the services, products and related offerings. This is a purpose-limited authorization.
Supporting quotations
a. You Authorize Function to Effectuate Your Purchase. You should plan for your payment to process immediately upon finalizing your purchase with Function. Effective immediately, you hereby authorize Function to: (i) charge your Payment Method in full for all amounts listed at the time of purchase/transaction confirmation, inclusive of any taxes, charges, surcharges, and fees; (ii) disclose your Personal Information, inclusive of your Payment Information, to our Affiliates, as well as our payment providers, and any laboratory companies, shipping providers, and other service providers, as reasonably necessary to facilitate the purchase and/or delivery of our Services and Products and related third-party Offerings; (iii) make use of any other Payment Methods you have submitted in the event that one of your Payment Methods is refused or denied. You represent and warrant that, to the extent you submit Payment Information during the course of using our Services: (i) the entity, organization, or institution connected to such a transaction will honor the charges you have incurred; (ii) you shall bear full responsibility for all amounts denied, refused, or uncollected by said entity, organization, or institution. You agree that Function may limit, suspend, or revoke your access if you fail to submit and keep up-to-date a viable Payment Method. Function does not accept commercial or governmental health insurance plans, is not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services and/or subscribing to the Services, you are specifically choosing to obtain products and services exclusively on a private-pay basis outside of any commercial health insurance plan or federal or state healthcare program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a state or federal health program beneficiary, you agree that neither you nor Function will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. If a third-party (including without limitation an employer, organization, or other sponsor) is designated, authorized, or expected to pay for any portion of the Services or Products on your behalf, whether pursuant to contract or otherwise, you acknowledge and agree that you remain fully financially responsible for all amounts due to Function in the event such third-party fails or refuses to pay for any reason. Function reserves the right to seek payment directly from you for any unpaid amounts and to suspend or terminate access to the Services until payment is received. In jurisdictions where applicable law or laboratory billing requirements require laboratory services to be billed separately (including, without limitation, New York and New Jersey), some or all laboratory testing fees are not included in the Subscription fee or other amounts paid to Function. Those fees may be billed directly to you by the applicable third-party laboratory and are separate from amounts charged by Function. You are responsible for paying any such laboratory fees in accordance with the laboratory’s applicable billing terms, even if another person or entity pays for your Subscription, unless Function or the laboratory expressly informs you otherwise. Direct laboratory fees are governed by the laboratory’s own terms, pricing, and billing and payment policies. Questions or disputes about direct laboratory fees should be directed to the laboratory. The refund and credit provisions of Section 13(e) apply only to amounts paid to Function and do not apply to direct laboratory fees.
h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.