TherapyNotes Privacy Policy <p>
Last Updated: December 14, 2022
</p>
<p>
TherapyNotes, LLC
(“<strong>TherapyNotes</strong>,”
“<strong>Company</strong>,”
“<strong>we</strong>,”
“<strong>us</strong>,”
or
“<strong>our</strong>”)
is committed to maintaining robust privacy
protections for its users.
Our Privacy Policy
(“Privacy Policy” or “Policy”) is designed to help you understand how and why we collect,
use, and share information about you when you use our TherapyNotes.com and TherapyPortal.com
websites, applications, or other online services we provide (collectively, the
“<strong>Services</strong>”).
By accessing the TherapyNotes.com or TherapyPortal.com website
or using our Services, you accept our Privacy Policy and Terms of Service (collectively, the “<strong>Agreement</strong>”)
and your consent to our collection, storage, use and
disclosure of your Personal Information as described in this Privacy Policy.
This
Policy
does not address the privacy practices of any third party, including those with whom
your
information may be shared through your use of the Services.
Please be sure to review
the
privacy practices of any third party prior to sharing your information.
</p> Information We Collect <p>
Some information we collect cannot be used to personally identify you, such as anonymous
usage data, general demographic information, referring/exit pages and URLs, preferences you
submit, and preferences that are generated based on the data you submit and number of clicks
(collectively, “<strong>Non-Personal Information</strong>”).
</p>
<p>
We also collect information that identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly or indirectly, with a
particular individual consumer or household (“<strong>Personal Information</strong>”).
We collect Personal Information about you when you create a user account
(“<strong>Account</strong>”).
We collect additional Personal Information about you as you
complete your
Account information, including your (and/or your practice's) address, phone number, and
other information.
Some aspects of the Services through your Account may be subject to
fees.
We collect Personal Information about your payment information, such as credit
card information, when you sign up for these aspects of the Services.
We may
de-identify and anonymize Personal Information so it is no longer associated with any
individual(s) in order to use it for other purposes, such as aggregating the data for
statistical analysis.
</p>
<p>
Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”)
and subsequent laws and regulations, when TherapyNotes receives certain health-related
information, that information may be classified as “Protected Health Information”
(<strong>“PHI”</strong>) under the law.
HIPAA provides specific protections for the privacy
and security of PHI and restricts how it may be used and disclosed.
Notwithstanding any
statements about the use of your Personal Information more generally in this Privacy Policy,
TherapyNotes will only use and disclose PHI as authorized by you and/or your Service
Provider(s) in accordance with applicable law.
</p>
<p>
To that end, before any PHI that
you provide is shared with a Service Provider, you may be asked to affirmatively authorize
TherapyNotes to do so.
By providing such authorization, you are permitting TherapyNotes to
release your Personal Information, including PHI, to those specified Service Provider(s)
pursuant to HIPAA.
Your authorization is entirely voluntary, but without authorization,
TherapyNotes will not be able to share your information with selected Service Providers.
</p> Information Use and Sharing Account Information <p>
Some aspects of the Services require you to create a user account
(“<strong>Account</strong>”) to access and use them.
Your Account information is used to administer your account,
provide, support, develop the Services, provide you with information and updates about
the Services and your Account, and process any payments you may make through our
third-party payment processing vendor.
</p> Content You Submit <p>
Throughout your use of the Services, you may submit various forms of
additional information, text, links, graphics, photos, videos, audio, streams, or
other materials.
We will use the content you submit to administer, support, and provide the
Services.
We collect a range of Personal Information and usage statistics to maintain a
high-quality user experience and deliver superior customer service.
We request some
information directly from you during registration.
We gather other pieces of data indirectly
from website traffic, your computer hardware and Internet connection, or your activities
within the Services, communications, and usage.
</p> Information We Collect Automatically <p>
Through your use of the Services, there are certain types of Non-Personal Information that
we
will automatically collect with no direct input from you.
</p> Logs and Usage Data <p>
Like most other website providers, when you access or use the Services, we may collect your
IP address, user agent, device and browser information, pages visited, links clicked, search
terms, and interactions with results.
We may also collect your location information, either
by you explicitly granting this permission to the Services or by deriving your approximate
location based on other information, including your IP address.
We use this information to
provide you with the best possible experience with the Services, understand user
interactions with the Services, and monitor, improve, support, and develop the Services.
</p> Cookies and Other Similar Technologies <p>
We utilize cookies and other similar technologies within the Services.
You can find out more
about the use of cookies and your choices about their use in the Cookie Policy below.
</p> Information Collected from Third Parties <p>
As you utilize various aspects of the Services, we may actively or automatically gather
information from third parties (“<strong>Third Party Information</strong>”).
</p> Information for Provider Profile Verification <p>
If you create a Provider Profile as part of your Account, you may participate in the
TherapyNotes Verification process.
We may gather Third Party Information from third party
resources as part of the Verification process, such as confirming your license information
with a state licensing board or your practice address from your business registration.
We
may confirm any or all information in your Provider Profile with appropriate third-party
resources.
We use this information to provide your Provider Profile with a Badge.
</p> Analytics and Advertiser Information <p>
We may collect Third Party Information about you and your use of the Services from
third-party analytics tools and advertisers.
We may combine the information received from
third parties with our own information using a common account identifier.
We use this
information to monitor, improve, support, and develop existing and new Services and
customize your experience with the Services such as showing more relevant Content or
advertising.
</p> Additional Uses of Your Information Service Providers <p>
We will share your information with vendors and other services providers who need to access
this information to carry out the work they do for us.
For example, we share your payment
information with our payment processing vendor to process transactions on our behalf.
Your
information can also be shared with our cloud hosting and service providers who host our
data and the Services and provide additional tools for security and management of the
Services.
By registering for or using our Services, you consent to the transfer of your
personal information to anywhere where we, our contractors, or service providers maintain
facilities for the use of your information as described in this Agreement.
</p> Compliance with Legal Requirements <p>
We may access, preserve, and share information about you, without consent, to government or
law enforcement officials or private parties as we in good faith believe necessary or
appropriate to respond to claims and legal process (including, but not limited to,
subpoenas), to comply with applicable laws, to protect the property and rights of
TherapyNotes, you or a third party, to protect the safety of the public or any person, or to
prevent or stop activity we may consider to pose a risk of being, or is illegal, unethical
or legally actionable.
This may include responding to legal requests from jurisdictions
outside of the United States where we have a good faith belief that the response is required
by law in that jurisdiction, affects users in that jurisdiction, and is consistent with
internationally recognized standards.
You shall be responsible for any fees and expenses
reasonably incurred by TherapyNotes in responding to a subpoena or other order.
</p>
<p>
We may also access, preserve, and share information when we have a good faith belief it is
necessary to: detect, prevent, and address fraud and other illegal activity.
to protect
ourselves, you, and others, including as part of investigations.
and to prevent death or
imminent bodily harm.
Information we receive about you may be accessed, processed, and
retained for an extended period when it is the subject of a legal request or obligation,
governmental investigation, or investigations concerning possible violations of our terms or
policies, or otherwise to prevent harm.
</p> Change of Ownership or Corporate Organization <p>
We may transfer to another entity or its affiliates or service providers some or all
information about you in connection with, or during negotiations of, any merger,
acquisition, sale of assets or any line of business, change in ownership control, or
financing transaction.
</p> Protection of Your Information <p>
We implement commercially reasonable administrative, physical, and technical security
measures designed to protect your information from unauthorized access.
We cannot ensure the
security of any information you transmit to us or guarantee that this information will not
be accessed, disclosed, altered, or destroyed.
We will make any legally required disclosures
of any breach of the security, confidentiality, or integrity of your Personal Information.
</p> Your Choices About Your Information <p>
You may be able to modify certain features in your Account profile page.
In addition, please
note the following:
</p>
<ul>
<li>
If we offer any communications by text message, you may opt-out of receiving text
messages by replying “STOP” to any text message received.
</li>
<li>
<p>
In all promotional emails, you will be given the opportunity to opt-out of receiving
such messages in the future by clicking on the link at the bottom of the email that
says “unsubscribe.” It may take up to ten (10) business days for us to process your
opt-out request.
</p>
<p>
Even if you have unsubscribed from receiving promotional emails from us, we may send
you other types of important email communications without offering you the
opportunity to opt-out of receiving them, such as announcements about the Services
and administrative notices (e.g., account verification, payment confirmations,
technical and security notices).
</p>
</li>
</ul> Data Retention <p>
We will retain your Personal Information for as long as it is necessary for legal and
business purposes.
If you cease being a user or otherwise terminate your account, we may
retain your information in the event you wish to rejoin the Services, for anti-fraud or
other business purposes, or other purposes we deem necessary.
In the event we retain your
information, it will be subject to the same provisions for protection and notification in
the event of breach as an active user of the Services.
</p> Use of Cookies <p>
Our websites use “cookies” to help personalize your online experience.
A cookie is a text
file that is placed on your hard disk by a Web server.
We, and third parties we allow, may
use session cookies or persistent cookies.
Session cookies only last for the specific
duration of your visit and are deleted when you close your browser.
Persistent cookies
remain on your device's hard drive until you delete them or they expire.
Different cookies
are used to perform different functions, which we explain below:
</p>
<ul>
<li>
Essential: Some cookies are essential to enable you to move around our website and use
its features, such as accessing secure areas of our Site.
Without these cookies, we
cannot enable appropriate content based on the type of device you are using.
</li>
<li>
Browsing and functionality: One of the primary purposes of cookies is to provide a
convenience feature to save you time.
Browsing and functionality cookies tell the Web
server that you have returned to a specific page.
For example, if you register with the
Services, a cookie helps us to recall your specific information on subsequent visits.
This simplifies the process of recording your personal information, such as billing
addresses, shipping addresses, and so on.
When you return to the Site, the information
you previously provided can be retrieved, so you can easily use our Services that you
customized.
</li>
<li>
Analytics: We use analytics cookies to measure how you interact with our website and to
improve your user experience.
In particular, we use Google Analytics.
To learn more
about Google Analytics privacy practices and opt-out mechanisms, please visit the Google
Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en
.
Google also provides a complete privacy policy and instructions on opting-out of
Google Analytics at https://tools.google.com/dlpage/gaoptout
.
</li>
<li>
Targeted advertising: Third parties may use cookies and other similar technologies to
collect or receive information from our website and elsewhere on the Internet and use
that information to provide you with targeted ads.
If you would like to opt-out of such
advertising practices on the device on which you are accessing this Privacy Statement,
please go to https://optout.aboutads.info/
.
The Network Advertising Initiative also
offers a means to opt-out of a number of advertising cookies.
Please visit https://thenai.org/opt-out/ama-opt-out/ to learn more.
Note that opting out does not
mean you will no longer receive online advertising.
It does mean that the company or
companies from which you opted-out will no longer deliver ads tailored to your
preferences and usage patterns.
</li>
</ul>
<br>
<p>
You can accept or decline cookies.
Most Web browsers automatically accept cookies, but you
can usually modify your browser setting to decline cookies if you prefer.
If you choose to
decline cookies, you may not be able to fully experience the interactive features of the
Site.
</p> Children's Privacy <p>
We do not knowingly collect or solicit any information from anyone under the age of 13 or
knowingly allow such persons to register for the Services.
The Services and their content
are not directed at children under the age of 13.
In the event we learn that we have
collected Personal Information from a child under age 13 without parental consent, we will
delete that information as quickly as possible.
If you believe that we might have any
information from a child under 13, please contact us immediately as listed below.
</p> Third Party Links <p>
Our websites contain links to other websites.
We encourage you to review the privacy
statements of websites you choose to link to from us so that you can understand how those
websites collect, use, and share your information.
We are not responsible for the privacy
statements or other content on websites outside of our Services.
</p> Do-Not-Track Signals <p>
At this time, our Services do not recognize automated browser signals regarding tracking
mechanisms, which may include Do-Not-Track instructions.
</p> Privacy for Users in the European Union <p>
The Services are not targeted to, nor intended for use by, any resident of the European
Union.
At no time shall the personal information of a resident of the European Union be
entered into the Services.
</p> Privacy Rights of United States Residents <p>
Depending on where in the U.S.
you reside, you may have additional data rights with respect
to Personal Information (but not PHI):
</p> Right to Know and to Access <p>
You have the right to request that we disclose certain information to you about our
collection and use of your Personal Information over the past 12 months.
This information is
disclosed in our Privacy Policy.
</p>
<p>
You also have the right to request access to Personal Information collected about you and
information regarding the source of that information, the purposes for which we collect it,
and the third parties and service providers with whom we share it.
You may submit such a
request as described below.
To protect our customers' Personal Information, we are required
to verify your identify before we can act on your request.
</p> Right to Portability <p>
You have the right to request that we provide a copy of the Personal Information we have
collected about you, in a portable and, to the extent technically feasible, readily usable
format that allows you to transmit the data to another entity without hindrance.
Once we
receive your request and confirm your identity, we will provide to you a copy of your data
as required under the applicable data protection laws.
We may provide this data to you
through your user account with us, or via email to the email address you have provided with
your request.
</p> Right to Delete <p>
Subject to certain exceptions, you have the right to request that we delete any of your
Personal Information.
Once we receive your request and confirm your identity, we will review
your request to see if an exception allowing us to retain the information applies.
We will
delete or de-identify Personal Information not subject to one of these exceptions from our
records and will direct our service providers to take similar action.
</p> Right to Correct <p>
Subject to certain exceptions, you have the right to request that we correct inaccurate
Personal Information that we have collected about you.
Once we receive your request and
confirm your identity, we will review your request, taking into account the nature of the
personal information and the purposes of the processing of the personal information to see
if we can correct the data.
We may also request additional information showing that the
information you want to correct is inaccurate.
</p> Right to Opt-out <p>
You have the right to opt-out of processing of your Personal Information for the purpose of
(i) targeted advertising, (ii) sale of Personal Information, or (iii) profiling to provide
you with tailored content, including suggested advertising.
</p> Non-Discrimination <p>
We will not discriminate against you for exercising any of your data privacy rights.
</p> How to Submit a Request <p>
You may submit a request to exercise your rights through one of two ways:
</p>
<ol>
<li>
By filling out a Consumer Data Request Form available at https://blog.therapynotes.com/data-subject-request </li>
<li>
By emailing us at support@TherapyNotes.com .
</li>
</ol> Verification Procedures <p>
In order to process your request to exercise your rights, we must first verify it.
We do
this
by asking you to:
</p>
<ul>
<li>
Provide personal identifiers we can match against information we may have collected from
you previously.
and
</li>
<li>
Confirm your request using the email and/or telephone account stated in the request.
</li>
</ul>
<br>
<p>
We will not collect additional Personal Information from you for the sole purpose of your
exercising your rights under the data protection laws.
Similarly, we will not require you to
create an account with us, solely for the purpose of exercising your rights under the data
protection laws.
</p> Authorized Agent <p>
You may authorize another individual or a business, called an authorized agent, to make
requests on your behalf.
We may require that you and the individual complete notarized
affidavits in order to verify the identity of the authorized agent and confirm that you have
authorized them to act on your behalf.
Parents of minor children may submit a birth
certificate of the child in lieu of an affidavit, in order to make requests on the child's
behalf.
</p> Additional Rights for California Residents <p>
As a resident of California, you may be eligible for additional protections and options
under
the California Privacy Rights Act (“CPRA”).
We may disclose your Personal Information to our
service providers and contractors either as a necessary business purpose for providing the
Services or at your direction (such as to our credit card processing vendor to process a
transaction on your behalf).
We have agreements in place with all service providers and
contractors to ensure that your information is properly protected and cannot be further
shared or sold.
</p>
<p>
We also act as a service provider to our professional customers, who are business owners and
operators (“Professional”).
If you are a California resident and the client/patient of a
Professional that uses TherapyNotes, you may have the right to request certain information
from that Professional regarding the personal information they collected about you.
Please
make any personal information requests that you have directly to the relevant Professional.
Note that not all Professionals will be subject to CPRA.
</p> Financial Incentive Program <p>
We do not offer any financial incentives as those are defined under the applicable data
protection laws.
</p> California Shine the Light <p>
Residents of the State of California have the right to request information about other
companies to whom the company has disclosed certain categories of personal information
during the preceding year for those companies' direct marketing purposes.
If you are a
California resident and would like to make such a request, please email: support@TherapyNotes.com.
</p> Additional Rights for Virginia and Colorado Residents Right to Appeal <p>
If you make a request to exercise any of the above data access rights and we are unable to
comply with your request, you may request to appeal our decision.
To appeal any data privacy
request decision, please contact us by emailing support@TherapyNotes.com with the subject line “Data Access Request Appeal.” If after you complete the appeal process
with us, you are still not satisfied with our response, you may contact your Attorney
General to file a complaint.
Below is the contact information for the appropriate entity
where you can inquire about filing an appeal:
</p>
<p>
<u>
Virginia residents
</u>
</p>
<p>
Office of the Attorney General
</p>
<p>
202 North 9th Street
</p>
<p>
Richmond, Virginia 23219
</p>
<p>
Phone: (804) 786-2071
</p>
<p> https://www.oag.state.va.us/ </p>
<br>
<p>
<u>
Colorado residents
</u>
</p>
<p>
Office of the Attorney General
</p>
<p>
Colorado Department of Law
</p>
<p>
Ralph L.
Carr Judicial Building
</p>
<p>
1300 Broadway, 10th Floor
</p>
<p>
Denver, CO 80203
</p>
<p>
(720) 508-6000
</p>
<p> https://coag.gov/ </p> Special Information for Nevada Residents <p>
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of
their information to other companies who will sell or license their information to others.
We do not engage in the sale of information.
</p> Changes to Our Privacy Policy <p>
We reserve the right to change this Privacy Policy at any time.
The last date this Privacy
Policy was updated is listed on the top under “Last Updated.” You should periodically check
the Site and this privacy page for updates.
</p> Contact Us <p>
You have the right to understand how we collect and use your information.
Please direct and
questions or comments about this Privacy Policy to: support@TherapyNotes.com .
</p>