WEBSITE PRIVACY POLICY

Sleep Centers of Middle Tennessee, PLLC

Sleep Centers of Middle Tennessee, PLLC (“SCMT,” “we,” “us” or “our) welcomes you to our Website.  This Website Privacy Policy (“Site Privacy Policy”) explains how we collect, use, and disclose information from and/or about you when you use the SCMT Website (the “Site”) or the services provided through the Site.

THE SITE WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE SITE, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS SITE PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

SCMT complies with the information privacy and security regulations under HIPAA.  We have prepared a Notice of Privacy Practices required by HIPAA. This Notice is available at the following link: https://sleepcenterinfo.com/wp-content/uploads/2019/07/SCMT-HIPAA-Notice-of-Privacy-Practices-01511156xBE13C.pdf

By using the Site, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Site Privacy Policy, both as it exists now and as it is changed from time to time.

Important Definitions

“Personal Information” means information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information.

“De-Identified Information” means information that is neither used nor intended to be used to personally identify an individual.  

“Cookies” means the small pieces of information that a Site sends to your browser while you are viewing a website.

Information We Collect

The Personal information we collect or maintain may include:

• Your name, age, email address, username, password, and other registration information.
• Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
• Health information about you prepared or obtained by the Healthcare Professionals(s) who provide clinical services through the Site such as medical and therapy records, treatment and examination notes, and other health related information.
• Billing information that you provide us, such as credit card information, or that we receive from a health plan, employer or other provider of healthcare benefits on your behalf.
• Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site.
• Other information you input into the Site or related services.

We may use your Personal Information for the following purposes (subject to the restrictions relating to our use of Health Information described in our HIPAA Notice of Privacy Practices):

• To provide you with the Services.
• To improve healthcare quality through the performance of quality reviews and similar activities.
• To create De-identified Information such as aggregate statistics relating to the use of the Services.
• To notify you when Site updates are available.
• To market and promote the Site and the Services to you.
• To fulfill any other purpose for which you provide us Personal Information.
• For the purposes described in Section I relating to the use of Health Information.
• For any other purpose for which you give us authorization.

Subject to the restrictions set out in our HIPAA Notice of Privacy Practice, we may also disclose Personal Information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential.
• As required by law, which can include providing information as required by a court order.
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of SCMT’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.

Other Information Collected

Users of our Site may have certain information passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services.  Situations where your information may be collection include:

Site Tracking Data. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.

Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).

Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site easier to use. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you may not be able to stay logged in to the Site.

Real-Time Location. Certain features of the Site may use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a healthcare professional who is licensed or convenient to assist you.  When accessing Google Maps services on our Site, you are agreeing to Google’s Terms of Service and Privacy Policy.

Mobile Services. We may collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).

Analytics Tools. We may use tools such as Google Analytics, AppsFlyer and Mixpanel to help analyze how users use the Site. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user and device related data and information on our behalf. Google Analytics, AppsFlyer, and Mixpanel use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and services.  Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may be able to opt-out of such activity using the tools available at the applicable application.

Do Not Track Options. As referenced above, third parties may utilize tracking pixels or other electronic markers to assess your actions and behavior on the Web.  Users can request that a certain website not track their Web use by initiating a Do-Not-Track signal or option. No consensus exists on how a company using the Web should respond to these web browser-based Do-Not-Track signals.  As a result, we do not respond to web browser-based Do-Not-Track signals at this time.  Please note that not all tracking will stop even if you delete cookies. For information about Do Not Track, please visit: allaboutdnt.org.

De-Identified Information. We may use De-Identified Information created by us without restriction.

Information You Share With Third Parties

This Site Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site. This Site Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

Limitations on Deletion of Information

You may request that we delete all or a portion of your Personal Information held by us, however, we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our services. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.  After we delete Personal Information, we may retain De-Identified Data and will continue to use De-Identified Data as permitted under this Site Privacy Policy.

Steps We Take to Keep your Information Secure

We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption.  However, no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us.

Children under age 18

We do not knowingly allow individuals under the age 18 to use or create accounts that allow access to our Site.

Changes to the Site Privacy Policy

We may change this the Site Privacy Policy from time to time in the future. We will post any revised version of the Site Privacy Policy on this page. Continued use of our services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Choice of Law

If you visit SCMT’s or use our products or services, any dispute over privacy is subject to this Privacy Policy as governed by the laws of the State of Tennessee.

If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us at jhenderson@sleepcenterinfo.com.

Revised June 1, 2019

WEBSITE TERMS OF USE

Sleep Centers of Middle Tennessee, PLLC

AGREEMENT TO TERMS

Welcome to the Website (the “Site”) of Sleep Centers of Middle Tennessee, PLLC (“SCMT,” “we,” “us” or “our”).  Our Site consists of various linked Web pages owned and operated by us. We offer our Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  

By using this Site, you agree to and accept the most-recent of these Terms as well as the most-recent version of our Website Privacy Policy.  If you do not agree to all of the Terms, please do not use the Site.

We may change these Terms at any time, and such changes will be posted on this or a similar page of this Site.  SCMT may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Our Site is intended only for users in the United States over the age of 18 years.  If you live outside the U.S., you may see information on this Site about services that are not available or authorized in your country.  If you choose to access the website from outside of the United States, you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable.

SCMT reserves the right to terminate your access to any or all of the Site at any time without notice for any reason whatsoever.

Medical Services.

Unless you engage in a telemedicine encounter directly with a licensed healthcare provider over this Site, nothing in this Site is intended to or may be construed to constitute medical advice.  Any materials provided on this Site generally addressing any illness, disease or health condition generally is provided solely for educational purposes and not for the diagnosis or treatment of any condition.  Your submission of answers to general health questionnaires are not reviewed by any health care professional and is not intended to diagnose or treat any health condition. By submitting information via this website, you consent to the collection, and use of information consistent with these Terms.  EDUCATIONAL MATERIALS OR ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION

Privacy

It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our Website Privacy Policy (the “Website Privacy Policy”) is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites

This Site may contain links to other websites (“Linked Sites”). SCMT does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Disclaimer

This Site, its contents, and all information, products, and services contained in or offered through this Site are provided on an “as is” and “as available” basis without representations or warranties of any kind. SCMT expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. SCMT does not warrant that this Site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Site or the server that makes it available are free of viruses or other harmful components. All information on the Site is subject to change without notice.

Indemnification

You agree to defend, indemnify, and hold SCMT harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability

In no event shall SCMT be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this Site, whether in an action under contract, negligence, or any other theory, even if SCMT has been advised of the possibility of such damages. SCMT’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).

Acceptable Use Policy

You agree to abide by and utilize the Site only in accordance with these Terms.  In addition, you agree to (i) not use the Site for any illegal purpose, (ii) not use the Site in connection with any tortious act or any act that violates the legal rights of a third party, (iii) not use the Site to disseminate unsolicited commercial email, and (iv) not use the Site for any purpose that, in SCMT’s reasonable discretion, is likely to reflect badly on SCMT.

We have no obligation to monitor the Website for your compliance with these Terms.  However, we reserve the right to review materials posted to or Website and to remove any materials in our sole discretion.  

Passwords and Security

Some functions on this Site may be limited to registered users who have obtained a user name and password.  Registered users with user names and passwords may not share their user names and passwords with other persons and are entirely responsible for maintaining their confidentiality and integrity.  Each registered user agrees to notify SCMT if their user name or password ceases to be secure or secret.

Copyright and Trademark Notice

This Site and its contents, including, but not limited to, reports, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of SCMT or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of SCMT or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of SCMT is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal use by the visitors and registered users of the Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

Your Comments

We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, “Comments”). You grant SCMT and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Miscellaneous

These Terms are governed by and shall be construed in accordance with the laws of the State of Tennessee without giving effect to any principles of conflicts of law. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and SCMT with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SCMT. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by SCMT.