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Terms and Privacy

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 ______________________________.

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.

Last revised: June 1, 2019

HIPAA Notice Of Privacy Practices

Sleep Centers of Middle Tennessee, PLLC

Effective Date:  June 1, 2019

We at Sleep Centers of Middle Tennessee, PLLC (“we,” “us” or “our”) take the privacy of your personal health information (or PHI) seriously.  Pursuant to our obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), we are providing you with this Notice of Privacy Practices.

Overview

This notice describes how we may use or disclose your health information and how you can get access to your individually identifiable health information.  We also are required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your PHI.  We must follow the terms of this Notice as in effect at the time. PLEASE READ IT CAREFULLY.

We are required by law to maintain the privacy of your PHI, provide you with notice of our legal duties and privacy practices with respect to PHI, and notify you if your PHI is affected in a breach of unsecured PHI.

Our Use and Disclosure of PHI

We use and disclose your health information for normal health care business activities that fall in the categories of treatment, payment and healthcare operations.  Some examples of these activities, but not all, are set out below.

Treatment – We keep a record of the health information you provide us for treatment purposes.  These records may include your test results, diagnoses, medications, your response to medications or other therapies.  We may disclose this information to other health care providers, such as outside doctors, nurses, or laboratories, as part of your ongoing healthcare needs.

Payment – We document the services and supplies you receive when we provide care to you so that you, your insurance company or another third party can pay us.  We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.

Healthcare Operations – We may use your health information to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service.  For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you. In other cases we may communicate with individuals involved in your care or payment for that care, such as friends and family and send appointment reminders.

Other Uses or Disclosures

We may also use your health information to:

  • Comply with federal, state or local laws that require us to disclose your PHI
  • Assist in public health activities such as tracking diseases or medical devices.
  • Inform authorities to protect victims of abuse or neglect.
  • Comply with federal and state health oversight activities such as fraud investigations.
  • Respond to law enforcement officials or to judicial orders, subpoenas or other process.
  • Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
  • Facilitate organ or tissue donations.
  • Conduct medical research, but only after following internal review protocols that consider the privacy of your information.
  • To help prevent serious threats to health or safety.
  • Assist in specialized government functions such as national security, intelligence and protective services.
  • Inform military and veteran authorities if you are an armed forces member (active or reserve).
  • Inform workers’ compensation carriers or your employer if you are injured at work.
  • Recommend treatment alternatives or tell you about health-related products and services.
  • Provide information to other third parties with whom we do business, such as a record storage provider.  We require third parties in such situation to provide us with assurances that they will safeguard your information.
  • Disclose your information to family, friends and other persons who are involved in your medical care.  You have the right to object to the sharing of this information. Disclosures may only occur without authorization in instances of emergency or incapacity to effect treatment or care.

All other uses and disclosures, not previously described, may only be done with your written authorization.  We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information.  You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.

Our Responsibilities Regarding Your Health Information

We are required by law to:

  • Maintain the privacy of your health information.
  • Provide this Notice of our duties and privacy practices.
  • Abide by the terms of the Notice currently in effect.
  • Tell you if there has been a breach that compromises your health information.

Your Legal Rights Respecting Your PHI

You have the following rights regarding health information we maintain about you:

  • Right to Inspect and Receive Copies of Your Records.  In most cases, you have the right to inspect or receive copies of your records.  You must make the request in writing. You may be charged a fee for the cost of copying your records.  We may deny your request to inspect and copy in certain limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed.
  • Right to Request a Correction or Update of Your Records.  You may ask us to amend information you feel to be incorrect or add missing information to your records.  You must make the request in writing and provide a reason for your request. We may deny your request in certain limited circumstances.
  • Right to Get a List of Disclosures.  You have the right to ask us for a list of disclosures or access report made within the last three years.  You must make the request in writing. The list will not include information provided directly to you or your family, or information that was sent with your authorization.
  • Right to Request Limits on Uses or Disclosures of PHI.  You have the right to ask that we limit how we use or disclose your information.  You must make the request in writing to us and tell us what information you want to limit and to whom you want the limits to apply.  We are not required to agree to the restriction, unless the restriction is for disclosures to a health plan for carrying out payment or health care operations that are not otherwise required by law, and the PHI pertains solely to a health care item or service for which you personally, and not your plan, have paid in full.  You can request that the restrictions be terminated in writing or verbally.
  • Right to Revoke Permission.  If you are asked to sign an authorization to use or disclose information, you can cancel that authorization at any time.  You must make the request in writing to us. This will not affect information that has already been shared.
  • Right to Choose How We Communicate with You.  You have the right to request that we share information with you in a certain way or in a certain place.  For example, you may ask us to send information to your work address instead of your home address. You must make this request in writing.  You do not have to explain the basis for your request.
  • Right to Get a Paper Copy of this Notice.  You have the right to ask for a paper copy of this notice at any time.

We may ask that you make some of these requests in writing.

Revisions to Our Notice of Privacy Practices

We reserve the right to change our privacy practices and to make the new practices effective for all the information we maintain.  We will post revised notices on this website and mobile application.

Compliant Procedure

If you believe that the privacy of your PHI has been compromised by us, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C.  We will not retaliate or penalize you for filing a complaint with the facility or the Secretary.

To file a complaint with us or receive more information contact:

Sleep Centers of Middle Tennessee, PLLC

ATTN: Privacy Officer

Phone:  Janice Henderson

E-Mail: jhenderson@sleepcenterinfo.com

To file a complaint with the Secretary of Health and Human Services:

US Secretary of Health and Human Services

200 Independence Ave., S.E.,

Washington, D.C. 20201

1-800-537-7697

For an on-line complaint, sign onto:

https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.

If you have any questions regarding this notice or our health information privacy policies, you may contact our Privacy Officer at 615-893-4896.