Website Terms & Privacy

If you think you may have a medical emergency, call 911 immediately. 

LAST REVISED ­­­­­­­­­­­­­­­­­­­­­­­NOVEMBER 26, 2018

A. Terms of Use

B. Intellectual Property Policy

C. Privacy Policy

D. Electronic Communications Policy

Accessing the Website means you agree to these Terms

These Website Terms (“Terms”) are made up of the Terms of Use, Intellectual Property Policy, Privacy Policy, and Electronic Communications Policy and are a legal agreement between you, the end user of the Website, and Mercy, acting on behalf of its subsidiaries, affiliates, and licensors, ("Mercy"). These Terms govern your use and access to the Mercy Website, or "Website," which includes all websites and pages located at this root domain: https://www.mercy.net/. Please read these Terms carefully.

By your access or use of the Website you agree to these Terms of UseIntellectual Property PolicyPrivacy Policy, and Electronic Communications Policy. If you do not agree with the terms of these policies, do not access or use the Website. You might also be required to acknowledge your consent to these Terms of Use or other third party terms of use if you navigate to certain pages of our Website, or to complete some transactions.

  • Terms of Use – The Terms of Use tell you what rules apply to your use of the Website.
  • Intellectual Property Policy – The Intellectual Property Policy tells you how you can use any material that is protected by intellectual property law, including this Website, as well as how Mercy can use any intellectual property you give to Mercy.
  • Privacy Policy - The Privacy Policy tells you how Mercy collects, uses, protects, shares, and controls information about you related to your interaction with the Website.
  • Electronic Communications Policy – The Electronic Communications Policy gives you more details over how Mercy will communicate with you through certain electronic methods.

This website has security measures in place to help protect against the loss, misuse or 

TERMS OF USE

1.  Materials on the Website are not a substitute for medical advice from your health care provider!

UNLESS EXPRESSLY STATED OTHERWISE, NOTHING CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS OR IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, OR RELIED ON AS AN ENDORSEMENT BY MERCY. NOTHING ON THIS WEBSITE SHOULD BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU READ, VIEWED, OR HEARD VIA THE WEBSITE. IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROVIDER.

2. The Website is for your noncommercial, personal use.

Mercy makes the Website available for your lawful, noncommercial, personal use, limited to general information and educational purposes only. You may not use the Website in a manner that Mercy believes impairs or harms the Website, Mercy, or other users of the Website.

3. Some material on the Website is advertising material.

Mercy is a healthcare provider and as such strives to meet the needs of the community through coordination with other health care providers serving in the community. Information regarding our medical staff and other care providers may be available via the Website.

4. Disclaimer of Warranties and Limitation of Liability.

Although the information posted on the Website is drafted and posted with care, Mercy makes no representations or warranties about the suitability of any materials on the Website for any particular purpose.

Mercy assumes no responsibility for any loss or harm that occurs from your use of the Website.

Your use of the Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK. THIS SITE IS PROVIDED BY MERCY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALTHOUGH THE INFORMATION ON THIS WEBSITE IS REVIEWED BY PROFESSIONALS, MERCY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ON ANY OTHER SERVER. MERCY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM MERCY ARE TOTALLY SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION CONTAINED ON THIS WEBSITE AND IN ANY EMAIL RESPONSES FROM MERCY TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT CONFIDENTIAL, AND ARE NOT IN RESPONSE TO AN INDIVIDUAL'S ACTUAL OR POTENTIAL HEALTH PROBLEMS OR AN INDIVIDUAL'S PARTICULAR SET OF CIRCUMSTANCES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MERCY, ITS AGENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR WHICH ARISE FROM SITES ACCESSED THROUGH THE WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

BY USING OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR MERCY SHALL BE $5.00 USD.

5. Applicable Law and Jurisdiction.

By visiting this Website, you agree that the Terms for all purposes shall be governed and construed in accordance with the laws of the State of Missouri, excluding conflict of laws rules, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Missouri. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

6. Indemnification.

You agree to indemnify, hold harmless and defend Mercy from and against any and all damages, costs, losses, liabilities, claims, causes of action, proceedings, lawsuits and expenses, including attorneys' fees, costs and expenses reasonably incurred by Mercy in connection with, related to, or arising out of your access, use, inability to use, or interaction occurring through the Website or content made available via the Website. 

7. These Terms of Use may change.

From time to time, Mercy may change the Terms at its sole discretion without providing notice to you. You should check the Terms periodically. If you do not agree with the revised Terms, do not continue to use the Website. Accessing or using the Website means that you have accepted any changes to these Terms. If any of the terms in the Terms are determined by a court of law to be unenforceable for any reason, that particular term will be removed from the Terms, but the Terms will otherwise by valid and if any shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

8. Links to Other Websites.

Except for information, products, services or merchandise clearly identified as being supplied by Mercy, Mercy does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Website or through the Internet generally in any way. If you visit another website, you are encouraged to examine the privacy policies and/or terms of use policies of that website. Some portions of the Website are provided in cooperation with third parties or ("Third Party Pages") or are provided by third parties ("Third Party Websites"). Additionally, the Website may produce automated search results. These other resources are not under the control of Mercy, and you acknowledge that Mercy is not responsible for the accuracy, content, privacy policies, terms of use, products, services, legality, reliability, viewpoint, accuracy, currency, copyright compliance, decency or any other aspect of the content of such resources. The inclusion of such a link does not imply endorsement of the linked website or other resource by Mercy or any association with its operators.

Third Party Pages and Third Party Websites are governed by terms that are different from the Mercy Terms of Use, Privacy Policy, and NPP, as applicable. Third Party Pages and Third Party Websites that you may encounter as you navigate across the Website that have different terms of use, privacy policies and NPPs as applicable include, but are not limited to the following:

a. Epic (MyMercy)

b. iCIMS (Careers)

c. 4aGoodCause (Mercy Foundation)

d. Online Registration Center (Classes, Seminars)

e. Vatour-dev.com (Birthing Center Tour)

If you have any questions about the Terms, or the practices of Mercy, you can contact:

Mercy
Paige Toarmina
Product Manager, Digital Acquisition
Paige.Toarmina@mercy.net
314-628-3576

INTELLECTUAL PROPERTY POLICY

1. License for Your Use of this Website

Mercy grants you a limited, revocable and nonexclusive license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Mercy. No part of this Website may be reproduced, duplicated, copied, sold, visited or otherwise exploited for commercial purposes without the express written consent of Mercy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray Mercy, its affiliates or its services in a false, misleading, derogatory, or otherwise offensive manner.

You agree to use this Website only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You agree not to disrupt, modify, or interfere with this Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others' use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.

Any unauthorized use terminates the permission or license granted by Mercy and may violate the law.

2. Copyright and Trademark Information

All content included on this Website, such as text, graphics, logos, button icons, images, digital downloads, and software is the property of Mercy or its content suppliers and is protected by copyright laws. The compilation of all content on this Website is the exclusive property of Mercy and is protected by copyright laws. All software used on this Website is the property of Mercy or its software suppliers and protected by copyright laws.

The Mercy Health logo is a registered trademark of Mercy. The product and service names profiled herein are proprietary marks of Mercy. All other brands and names are the property of their respective owners.

You may not utilize framing to enclose any trademark, logo or other proprietary information contained on this Website without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mercy's name or trademarks without our express written consent.

3. You grant a license to Mercy for all submissions

You grant Mercy a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website by all means and in any media now known or hereafter developed ("Submissions"). You waive all rights to such Submissions and warrant that you have the right to any Submissions. You agree that you shall have no recourse against Mercy for any alleged or actual infringement or misappropriation of any proprietary right in your communication to Mercy. You are responsible for ensuring that any Submissions you post to this Website or a discussion area via email or otherwise do not violate the copyright, trademark, trade secret or other personal or proprietary rights of any third party. We have the right to remove or refuse to post any Submission for any reason.

4. We will comply with the Digital Millennium Copyright Act 

If you have any copyright concerns about materials posted on the Website, you agree to let Mercy know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Mercy's Designated Agent. An effective notification contains the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All inquiries not compliant with the described procedure will not receive a response. For more information email legal@mercy.net and include "IP Policy" in the subject line of your email.

Contact Us

Please contact us at legal@mercy.net and include "IP Policy" in the subject line of your email if you have questions or concerns regarding this Intellectual Property policy.

PRIVACY POLICY

We respect your privacy.  This Privacy Policy explains how we collect and use your personal information on this Website. Please read it carefully.

Mercy only uses your personal information on this Website as stated in this Privacy Policy. You should not post your protected health information (“PHI”) on the Website. The Notice of Privacy Practices describes how we use and disclose your PHI.  This Privacy Policy does not address our use or disclosure of your PHI.

What Information Do We Collect?

When You Visit, Information Automatically Collected From Your Device

Mercy automatically collects certain information from your device when you visit this website.  This information includes information about:

  • Your device, such as which operating system your device uses
  • Where your device is located
  • Which pages on our website you have visited
  • Which page(s) on the Internet you came from
  • The times and dates you visit the Website

Information That You Provide To Us

Mercy also collects information that you provide to us.  You provide this information when you:

  • Fill in forms on our Website(s)
  • Correspond with us by phone, email, text message, or other methods
  • Register for membership, register for an account, or respond to a survey.

What Do We Do With The Information?

We use or disclose the information to:

  • Provide you goods and services
  • Provide you access to information
  • Make our Website operate better
  • Determine what our patients and Website users are interested in, to improve our offerings
  • Assist you if you have problems with the Website, or with any goods or services you have ordered from us
  • Assist you with your membership
  • Operate our business
  • Comply with law
  • Work with law enforcement to identify a user, if we need to protect Mercy or others
  • For information gathered through a research survey:
    • We use information for quality improvement purposes, including to improve information and services offered through the Website.
    • If you provide feedback, you may be individually contacted for follow-up due to concerns raised during the course of such evaluation.
    • Demographic information and web log data may be stored for future research and evaluation.

Mercy will not sell your individually identifiable information.

Many of our services do not require any form of registration, which means you may visit our Website without telling us who you are. However, some services may require you to provide us with personal data. In these situations, if you choose to withhold any personal data requested by us, you may not be able to gain access to certain parts of the Website, or we may not be able to respond to your query.

What about Cookies?

A "cookie" is a small data file that is placed in your browser and allows us to recognize you each time you visit this Website. Cookies help personalize the website for you. Cookies themselves do not contain any personal information. We use two types of cookies: session cookies and persistent cookies. A session cookie is temporary and expires after you end a session and close your web browser. We use session cookies to tailor your experience on our Website and maintain your signed-on status as you navigate through our features. We also use persistent cookies that remain on your hard drive after you've exited from our Website. This lets us remember you when you return to our Website, and remember where you are located. This way, we won't have to ask you for that information again. Persistent cookies will not contain any personal information about you.

Cookies may also be used by 3rd party content providers such as newsfeeds. You can refuse to permit cookies to be used, but some parts of the website may not work properly.  You can also permit cookies to be placed while you are on the website, but delete them when you leave, by clearing your cache on the computer.  You won't be remembered the next time you come to the website if you clear the cache.

What about Web Log Files?

We collect and log the IP address of each visitor to gather aggregate data on visitors to our Website and how our Website is being used. These logs may contain: the Internet domain from which you access the Website (such as aol.com; abc.org; etc.); the IP address which is automatically assigned to your computer when you get on the Internet (a static IP address may be identifiable as being connected to you, while a dynamic address is usually not identifiable); the type of browser and operating system you use; the date and time you visited the Website; the pages you viewed on the Website; and the address of the website you linked from, if any. If you sign on to this website to use its secured features, our web logs will also contain an individual identifier and show the services that you have accessed. All web logs are stored securely, and may only be accessed by Mercy employees or designees on a need-to-know basis for a specific purpose. Mercy uses web log information to: help us design our website; identify popular features; resolve user, hardware and software problems; and to make the Website more useful to visitors.

What about Other Information and Websites?

Mercy uses third party service providers, including but not limited to Google Analytics, Adobe Analytics, and cookies in order to improve our service, user experience, and to analyze how the website is used. Aside from your device's Internet Protocol address (IP address), which can disclose your general location, the information collected by Google Analytics and Adobe Analytics is anonymized traffic data including length of stay on the Website, browser information, and device information. The collected information is used to provide an overview of how people are accessing and using the Website.   For information about how Google Analytics uses data when you use partners' sites or apps see www.google.com/policies/privacy/partners.

What About International Privacy Laws?

Mercy only offers services within the United States, and the Website is only intended to be used by users in the United States.  If you are visiting the Website from outside the United States of America, you information will be transferred to, stored, and processed in the United States. The privacy laws of the United States may not be as protective as those in your jurisdiction. By visiting the Website, you consent to the transfer of your information to the United States and the use and disclosure of your information as described in this Privacy Policy.

With Whom Do We Share Personal Information?

Our Service Providers. 
We may share your personal information with companies (including our affiliates) that perform services on our behalf, for example, companies that help process credit card payments. Our service providers are required by contract to protect the confidentiality of the personal information we share with them and to use it only to provide specific services on our behalf. 

Government and Legal Disclosures 
We may disclose the personal information we collect through this Website, when we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce the Terms or other agreements with you, including agreements that govern your use of this Website; or to protect the rights, property or safety of our company, our users, or others.

What About Third Party Sites?

We are not responsible for the content or privacy practices of external internet sites. We strongly recommend that you read the privacy policy of external sites before disclosing any personal information.

What Else?  Remember the Risks Whenever You Use the Internet.

Security

While we do our best to protect your personal information, we cannot guarantee the security of any information that you transmit to us and you are solely responsible for maintaining the secrecy of any passwords or other account information. In addition, other Internet websites or services that may be accessible through our Website have separate data and privacy practices independent of us, and therefore we disclaim any responsibility or liability for their policies or actions. Please contact those vendors and others directly if you have any questions about their privacy policies. 

COPPA Compliance

The website is not directed at children under the age of 13.  We comply with the Children's Online Privacy Protection Act (“COPPA”) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.  If you believe information of a child under 13 has been submitted, please advise us in writing and we will delete it.

California Do Not Track Notice

Websites and web applications can track your movements on the Internet to better tailor suggestions for you based on your interests.  However, some people do not want their browsing behavior to be tracked.  As noted above, we do not track your movements on the Website over time or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities. This allows those websites to tailor what they present to you. Your web browser allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.  We also suggest that you read the privacy policies of third party websites to see if those websites track your browsing.

Under California Civil Code Section 1798.83, California residents have the right to request from a business any personal information that a business may have shared with a third party for direct marketing purposes.  We do not share personal information with any third party for a third party’s direct marketing purposes.

ELECTRONIC COMMUNICATIONS POLICY

1. Acceptable Use and Indemnification from Improper Use

By using the Website, posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you acknowledge and agree that:

a. Mercy does not actively monitor the content posted by users, and you view all materials at your own risk.

b. You will not publish content or otherwise post information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or language or otherwise harasses an individual or group of individuals on the basis of race, color, religion, age, gender identity, sex, sexual orientation, disability or national origin.

c. You will not post medical advice.

d. At any time, Mercy may disclose information to satisfy applicable laws or regulations.

e. Mercy reserves the right to remove any content you post and monitor or terminate your use of the Website with or without notice at any time and for any reason.

2. Newsletters, Emails and Texts to You

At registration and at various times as you use Website, you will have the option of receiving regular email or texts with informational or promotional newsletters. These may come from Mercy and/or directly from third parties. When you sign up for our newsletters or at any time, you can choose to “opt in” to receive additional promotional emails or texts from Mercy or our sponsors. In order to subscribe to Mercy newsletters via email or text, we need your contact information, like name and email address or phone number. You can unsubscribe from these emails and texts at any time.

3. Emails You Send to Mercy

Email communication that you send to us via the email links on our Website may be shared with a customer experience representative, employee or agent that is most able to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry.

The email functionality on our Website does not provide a completely secure and confidential means of communication. It's possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use email. Do not send sensitive information, like health information or credit card information, in an email.

The content of business information, ideas, concepts or inventions that you send to Mercy by email are not protected by any privacy or other protections. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to Mercy. We try to answer every email within 48 business hours, but are not always able to do so.

4. Secure Messaging

As another form of communication, you can register and/or sign into our Website (MyMercy) with secured measures in place to help protect against the loss, misuse or alteration of information under our control. These measures include encryption of data using the Secure Socket Layer (SSL) system, and using a secured messaging service when we send you personal information electronically. Despite these measures, the confidentiality of any communication or material transmitted to or from us via this Website by Internet or email cannot be guaranteed. This private, secure messaging has been designated as the preferred method of communication for our patients concerning their health care with the Mercy care team.