Terms and Privacy

ARCHIVE WEBSITE TERMS OF USE

Effective Date: August 26, 2022

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Archive Health (“Archive”, “we”, “our”, or “us”) and govern your use of our website, archivetherapy.com (the “Site”).

By accessing or using the Site, you acknowledge that you have read, understood, and accept these Terms, and you consent to the collection, use, and sharing of your information and other activities as described in our Privacy Policy below. If you do not agree to these Terms, please do not use the Site.

These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date”. Your use of the Site following a change to these Terms signals your acceptance of the modification(s).

1. Medical Disclaimer

The use of this Site does not create a physician-patient relationship.

If you are experiencing a medical emergency, you should not rely on any information on the Site and should seek appropriate emergency medical assistance, such as calling “911.” Statements made by any persons on this Site is not intended to substitute for discussion or evaluation with your healthcare professional or provide any guarantee as to outcomes. The information and content provided on or accessed through this Site are intended for general, noncommercial, informational purposes only, and do not constitute the practice of medicine or any other professional judgement, advice, diagnosis, or treatment, and should not be considered or used as a substitute for the independent professional judgement, advice, diagnosis, or treatment of a duly licensed and qualified healthcare provider.

2. Use of the Site

Content. The Site may contain: (i) materials and other items relating to Archive and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Archive; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of Archive, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Limited License. Subject to your strict compliance with these Terms, Archive grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Archive’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions. Persons under the age of 18 are not permitted to use the Site. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not: (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Archive; (iii) harvest any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with Archive or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

Requests and Notifications. You agree to cooperate with all reasonable requests of Archive and to notify Archive promptly upon learning of any actual or suspected unauthorized use or abuse of the Site or Content, or if you breach these Terms.

Reservation of All Rights. All rights not expressly granted to you are reserved by Archive and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.

3. Access to the Site

Your use of the Site must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Archive in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from Archive.

The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Archive, access to the Site may be interrupted or suspended from time to time. Archive shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, hours of availability, and equipment needed for access or use.

Archive may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in Archive’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from Archive, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

4. Site Content Accuracy

Archive will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to hours of availability and other matters. Archive reserves the right to correct any errors and to update Site information at any time.

5. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Archive, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Archive. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

6. Warranty Disclaimer

THE SITE, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ARCHIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Limitations on Liability and Remedies

TO THE FULLEST EXTENT PROVIDED BY LAW, ARCHIVE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ARCHIVE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. ARCHIVE, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ARCHIVE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARCHIVE, ITS AFFILIATES, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ARCHIVE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

8. Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ARCHIVE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Archive from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. Archive reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Archive’s defense of any claim. You will not in any event settle any claim without the prior written consent of Archive.

10. Third-Party Sites and Other Information

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Archive has no control or responsibility. Archive has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under Archive’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with Archive, Archive is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by Archive or any association with its operators.

11. Electronic Communications

We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Archive. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.

12. General Provisions

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Archive may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Archive.

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms, (i) no failure or delay by Archive in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by Archive.

Governing Law; Venue. These Terms, your rights and the rights of Archive within these Terms shall be governed by and construed in accordance with the laws of Ohio without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in Ohio and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.

Investigations; Cooperation with Law Enforcement. Archive reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Archive may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

13. Contact Information

If you have any questions regarding these Terms or the Site, you may contact us by email at info@archivetherapy.com.

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WEBSITE PRIVACY POLICY

Effective Date: August 26, 2022

This Online Privacy Policy (“Privacy Policy”) describes how we may collect, use, and share information about you when you access or interact with our website, archivetherapy.com (the “Site”), operated by Archive Health (“Archive”, “we”, “us”, “our”). Archive is the data controller for personal data collected through the Site.

INFORMATION ARCHIVE MAY COLLECT

Personal data you provide to us

We, and our vendors, may obtain “Personal Data”, which is information that may identify you as an individual, that you provide to us directly (for example, when you complete a contact form). The Personal Data we collect may include contact data such as your name, telephone number, and email address and other information you include in the emails and other communications you send to us.

Information that is automatically collected

In addition to any Personal Data or other information that you choose to submit to the Site, we and our vendors (including content and analytics providers and advertising companies), may use a variety of tracking technologies (such as cookies and web beacons) that automatically or passively collect certain information whenever you visit or interact with the Site or one of our advertisements or other content elsewhere online. This type of usage information may include the browser you are using, your IP address or other unique identifier, search terms, the URL that referred you to our Site, pages that you visit, and the time of the visit.

“Cookies” are small data files stored by your web browser on your computer. Cookies may allow a website to recognize a user’s device, record user preferences, track the pages a user clicks on while visiting the website, and identify the website visited immediately beforehand. Most web browsers accept cookies by default, but you may be able to adjust your browser settings to remove or reject cookies. Please note that blocking cookies may affect the availability and functionality of the Site and other websites. Also, disabling cookies may invalidate opt outs that use cookies to recognize devices that have opted out.

“Web Beacons” are small electronic files known (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count visitors to the Site who have visited those pages or opened an email from us, and for other related website statistics (such as recording the popularity of certain website content and verifying system and server integrity).

Please note that we or third parties may collect Personal Data about your online activities over time and across different devices and online properties when you use the Site. Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, our Site is not designed to respond to “Do Not Track” signals received from web browsers. To learn more about “Do Not Track” signals, visit www.allaboutdnt.com.

For more information on how Google Analytics uses the data it collects, visit google.com/policies/privacy/partners. To opt out of Google Analytics visit: tools.google.com/dlpage/gaoptout.

HOW WE MAY USE THE PERSONAL DATA WE COLLECT

We may use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

– To provide products and services you request;
– To respond to requests, questions, and comments, and provide other types of user support;

– To send marketing communications, or direct you to portions of the Site that we believe may interest you;

– To carry out, evaluate, and improve our business (which may include developing new features for the Site, analyzing and enhancing the user experience, assessing the effectiveness of our marketing and advertising, and managing our communications);

– To perform data analytics regarding usage of the Site;

– To guard against, identify, and prevent fraud and other criminal activity;

– To comply with applicable legal requirements, law enforcement requests, and our company policies; and

– For any other purpose, with your consent.

HOW WE MAY SHARE YOUR PERSONAL DATA

We may share your Personal Data we have obtained about you as described above with our affiliates, business partners, and vendors. For example, we may use services providers to help us operationally or to carry out work on our behalf. In addition, we may share information:

– If we are required to do so by law, regulation, or legal process (such as a court order or subpoena);

– In response to requests from government agencies, such as law enforcement authorities;

– If we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity;

– In the event we sell or transfer all or a portion of our business or assets (including a reorganization, dissolution, or liquidation) and negotiations of such transactions;

– To enforce our policies; and

– With your consent or at your discretion.

SOCIAL FEATURES

The Site may permit you to interact with social media platforms operated by unaffiliated parties, for example, to “like” Archive or to share content from the Site on those platforms (“Social Features”). If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the other platform may receive certain information about you and your use of the Site. Similarly, if you interact with us through Social Features (e.g., if you “like” or “follow” our page on another platform), we may have access to information about you from that platform. Please note that if you mention or comment about Archive or our Site in your post on another platform, that platform may allow us to publish your post on our Site. In addition, we may receive information about you if a user on a social media platform gives us access to their profile and you are one of their connections, or information about you is otherwise accessible through that other user. You should review the terms, policies, and settings of these other platforms to learn more about their data practices and/or adjust your settings.

YOUR CHOICES

We offer choices about the types of information you receive from us. You may opt out of email newsletter at any time by clicking the unsubscribe link in the body of the email or by contacting us at info@archivetherapy.com.

LINKS FROM ARCHIVE TO OTHER SITES

The Site may contain links to other websites for your convenience and information. This Privacy Policy does not apply to those websites, which may have their own privacy policies or notices. We are not responsible for the privacy practices of other websites. You should review those privacy policies to understand how they may use or disclose your information. We are not responsible for the content or privacy practices of linked websites that we do not control.

CHILDREN’S PRIVACY

The Site is not intended for children under the age of 18 and we do not knowingly collect Personal Data online from individuals under the age of 18. If we become aware that we have obtained Personal Data from an individual under the age of 18, we will delete such information in accordance with applicable law.

HOW WE PROTECT PERSONAL DATA

We take reasonable measures to protect your Personal Data from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure, so we cannot guarantee the security of your information collected through the Site.

INFORMATION FOR ALL VISITORS OUTSIDE THE UNITED STATES

If you are visiting the Site from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the Site, you acknowledge your Personal Data may be transferred to, and processed in, jurisdictions outside your own. Please be aware that the data protection laws and regulations that apply to your Personal Data transferred to the United States or other countries may be different from the laws in your country of residence.

INFORMATION FOR VISITORS FROM THE EUROPEAN ECONOMIC AREA AND UNITED KINGDOM

In accordance with the EU’s General Data Protection Regulation and the UK’s General Data Protection Regulation (collectively, the “GDPR”), our processing of your Personal Data is carried out under the following legal bases:

– The processing is necessary for us to provide you with the services you request or to respond to your inquiries.

– We have a legal obligation to process your Personal Data, such as compliance with applicable tax laws or other government regulations or compliance with a court order or binding law enforcement request.

– We have a legitimate interest in processing your Personal Data. In particular, we have a legitimate interest in the following instances:

– To analyze and improve the safety and security of our website and services, including by implementing and enhancing security measures and safeguards and protecting against fraud, spam, and other abuse;

– To maintain and improve our Site and services; and

– To operate our Site and provide you with information and communications about our services that are tailored to, and in accordance with, your preferences.

– You have consented to our processing of your Personal Data. When you consent, you may change your mind and withdraw your consent at any time.

Your rights under the GDPR

The GDPR provides individuals with certain rights regarding their Personal Data. You may ask us to take the following actions in relation to your Personal Data:

– Provide you with information about our processing of your Personal Data and give you access to your Personal Data.

– Update or correct inaccuracies in your Personal Data.

– Delete your Personal Data.

– Transfer a copy of your Personal Data to you or a third party of your choice.

– Restrict the processing of your Personal Data.

– Object to our processing of your Personal Data for direct marketing purposes.

– Object to our reliance on legitimate interests as the basis for processing your Personal Data.

You may submit these requests by email to info@archivetherapy.com. We may request specific information from you to help us verify your identity prior to processing your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to any legal restrictions on providing this information.

If you would like to submit a complaint about our use of your Personal Data or our response to your request regarding your Personal Data, you may contact us at info@archivetherapy.com or submit a complaint directly to the data protection authority in your jurisdiction. If you reside in the EEA, you can find information about your data protection authorityhere. If you reside in the United Kingdom, you may file complaints with the Information Commissioner’s Office here.

OUR RETENTION OF YOUR PERSONAL DATA

We will keep your Personal Data for no longer than is necessary to achieve the purposes for which the Personal Data was collected, or as may be permitted or required under applicable law. To determine the appropriate retention period, we will consider the scope and sensitivity of the Personal Data; the potential risk of harm from unauthorized access to, use, or disclosure of the data; the purposes for which we process the data and whether we can achieve those purposes through other means; and applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period, we will securely destroy your Personal Data or take appropriate anonymization steps.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to change at our discretion. We will indicate changes to the Privacy Policy by updating the “Effective Date” at the beginning of the Privacy Policy. Your continued use of the Site after any update to this Privacy Policy will constitute your acceptance of the changes.

CONTACT US

For questions about this Privacy Policy or our data practices, you may contact us at info@archivetherapy.com or by mail at: Archive Health, 2000 Auburn Drive, Suite 200, Beachwood, Ohio, 44122.

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HIPAA NOTICE OF PRIVACY PRACTICES

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

This Notice of Privacy Practices explains how we may use and disclose your protected health information to carry out Treatment, Payment, or Healthcare Operations (TPO) and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” (PHI) is information about you, including demographic information, that may identify you and relates to your past, present, or future physical or mental health or condition and related health care services.

We are required by law to maintain the privacy of your PHI.

1. Uses and Disclosure of Protected Health Information

Your PHI may be used and disclosed by your practitioner, our office staff and others outside our office that are involved in your care and treatment for the purpose of providing healthcare services to you, to pay your healthcare bills, to support the operation of the practitioner’s practice and any other use required by law.

Treatment: We will use and disclose our protected health information to provide, coordinate, or manage health care and any related services. This includes the coordination or management of your healthcare with a third party. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care for you. For example, your protected health information may be provided to a practitioner to whom you have been referred to ensure that the practitioner has the necessary information to diagnose or to treat you.

Payment: Your PHI will be used, as needed, to obtain payment for your healthcare services. For example, awaiting approval for a hospital stay may require that your relevant PHI be disclosed to the health plan to obtain approval for the hospital admission.

Healthcare Operations: We may use and disclose your PHI, as needed, to support the business activities of your practitioner’s practices. These activities include, but are not limited to, quality assessment activities, employee review activities, training of medical students, licensing, limited marketing and fundraising activities, and conducting or arranging for other business. For example, we may disclose PHI, such as the name of your practitioner, to medical school students to further their training. If you are in one of our physician clinics, we may also call you by name in the waiting room when your practitioner is ready to see you. We may use or disclose your PHI as necessary to contact you to remind you of your appointment.

Additionally, we may use or disclose your PHI in the following situations without your authorization: as Required by Law, Public Neglect Food and Drug Administration requirements, Legal Proceedings, Law Enforcement, Coroners, Funeral Directors, Organ Donations Research, Criminal Activity, Military Activity, National Security Workers Compensation and Inmates Required Uses and Disclosures. Under the law, we must make disclosures to you and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of 45 C.F.R. § 164.500.

The use and disclosure of your PHI for most marketing efforts, the sale of your PHI, and the use and disclosure of your psychotherapy notes outside of TPO require your consent. Other Permitted and Required Uses and Disclosures will be made only with your consent, authorization, and opportunity to object unless required by the law.

You may revoke this authorization any time in writing except to the extent that your practitioner or the practitioner’s practices had already taken an action in reliance on the use or disclosure.

2. Your Rights

The following is a statement of your rights with respect to your PHI.

You have the right to inspect and copy your PHI. Under the federal law you may not, however, inspect or copy the following records: psychotherapy notes, information compiled in reasonable anticipation of or use in a civil, criminal, administrative action, or proceeding and PHI that is subject to law that prohibits access to said PHI.

You have the right to request a restriction. This means you may ask us not to disclose any part of your PHI for the purposes of treatment, payment, or healthcare operations. You may also request that any part of your PHI not be disclosed to family members who may be involved in your care or for notification purposes as described in the Notice of Privacy Practices. Your request must state the specific restriction and to whom you want the restriction to apply.

Your practitioner is not required to agree to a restriction that you may request. If your practitioner believes it is in your best interest to permit use of your PHI, disclosure of your information will not be restricted. You then have the right to use another healthcare professional.

You have the right to request to receive confidential communication from us by alternative means or at an alternative location. You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice alternatively (i.e., electronically).

You may have the right to request that your practitioner amend your PHI. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to your statement and will provide you a copy of such rebuttal.

You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI.

We reserve the right to change the terms of this notice and will inform you by mail of any changes. You then have the right to object or withdraw as provided in this notice.

Complaints. You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our privacy contact of your complaint. We will not retaliate against you for filing a complaint.

This notice was published and becomes effective on or before July 30th, 2021.

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