Notice of Online Privacy Practices
Effective as of 9/9/2024
INTRODUCTION
At Resplendence, PLLC (the "Company", “Practice”, "We", or “Our”), we respect your privacy and are committed to protecting it through our compliance with this policy.
The purpose of this Notice of Online Privacy Practices ("Privacy Policy") is to tell you how Resplendence, PLLC might access, collect, use, store, and/or share (“process”) personal information we may obtain about you (“user”) when you use our services (“Services”), including when you:
Visit the website www.ExperienceResplendence.com (the “Website”).
Engage with us in other related ways, including marketing and promotional communications about our services if you have explicitly consented to such communications.
This Website is subject to this Privacy Policy and our Website Terms and Conditions of Use ("Terms of Use"), which you should review thoroughly before using this site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy.
Our Website is not intended for children under 13 years of age and we do not intentionally collect personal information from individuals under the age of 13. If we become aware that we have collected personal information from a child, we will securely delete such information in accordance with applicable law.
This Privacy Policy does not apply to protected health information ("PHI") which is subject to privacy regulations published under the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and is separately addressed in Resplendence, PLLC’s HIPAA Notice of Privacy Practices.
We may update this Privacy Policy from time to time, in which case we will update the Effective Date at the top of this page. When you use this site, you are agreeing to the Online Privacy Policy and Terms of Use in effect as of the date of your visit. Do not use this site if you do not agree with this Online Privacy Policy, the Terms of Use, and any other policies or terms that apply to that site.
WHAT INFORMATION DO WE COLLECT?
Information We Collect About You
This website is hosted by Squarespace. Squarespace collects personal data when you visit this website, including:
Information about your browser, network and device
Web pages you visited prior to coming to this website
Web pages you view while on this website
Your IP address
Squarespace needs this data to run this website, and to protect and improve its platform and services. Squarespace analyzes this data in a de-personalized form.
Information Automatically Collected
We collect the following information from and about users of our Website, including information:
that is about you but individually does not identify you, and/or
about your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
directly from you when you provide it to us.
automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
Information You Provide to Us
We collect personal information that you voluntarily provide to us when you contact us or express an interest in obtaining information about us or our Services.
The information we collect may include records and copies of your correspondence, including name, email address, and phone number if you contact us through these means.
We do not permit user contributions through fillable forms on the Website that would collect personal identifiable information such as name, email address, phone number, etc.
Use of Cookies and Online Tracking Technologies
The Website uses cookies which are small files or pieces of text that download to a device when a visitor accesses a website or app. These necessary and required cookies allow Squarespace, our hosting platform, to securely serve the Website to you. Squarespace analyzes the data in a de-personalized form. You may choose to disable cookies through your own web browser’s settings. Disabling this function may diminish your experience on the Website and some features may not work as intended.
This website serves font files using Google Fonts and Adobe Fonts. To properly display this site to you, these third parties may receive personal information about you, including:
Information about your browser, network, or device
Information about this site
Your IP address
The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) has issued guidance that highlights the obligations of Health Insurance Portability and Accountability Act of 1996 (HIPAA) covered entities and business associates (“regulated entities”) under the HIPAA Privacy, Security, and Breach Notification Rules (“HIPAA Rules”) when using online tracking technologies.
On June 20, 2024, the U.S. District Court for the Northern District of Texas issued an order declaring unlawful and vacating a portion of this guidance document. See Am. Hosp. Ass’n v. Becerra, — F. Supp. 3d ----, No. 4:23-cv-1110, 2024 WL 3075865 (N.D. Tex. June 20, 2024). Specifically, the Court vacated the guidance to the extent it provides that HIPAA obligations are triggered in “circumstances where an online technology connects (1) an individual’s IP address with (2) a visit to a[n] [unauthenticated public webpage] addressing specific health conditions or healthcare providers.”
The court’s ruling therefore abrogated OCR’s guidance in part and in applying that holding the proscribed combination of a user’s IP address and a visit to an unauthenticated website, does not meet criteria for PHI and thus obligate protection under HIPAA.
The HIPAA Rules apply when the information that covered entities collect through tracking technologies or disclose to tracking technology vendors includes protected health information (PHI).
Protected Health Information is "individually identifiable health information" (IIHI) held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral.
"Individually identifiable health information" is information, including demographic data, that relates to:
the individual's past, present or future physical or mental health or condition,
the provision of health care to the individual, or
the past, present, or future payment for the provision of health care to the individual,
and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.”
Per the OCR Guidance on Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates, “Regulated entities are not permitted to use tracking technologies in a manner that would result in impermissible disclosures of PHI to tracking technology vendors or any other violations of the HIPAA Rules.”
We take the following precautions to protect against impermissible disclosures of PHI to tracking technology vendors:
All non-essential cookies have been disabled on our Website; this includes analytics and performance data such as a user’s geographic location, clicks, button conversions, internal links, pages visited, scrolling, searches, and timestamps. This information is not tracked, stored, or transmitted by the Website.
The Website does not collect, store, or transmit any kind of user contribution through fillable forms that may include individually identifiable health information (e.g., name, home or email address, financial data, signs, symptoms, etc.)
The Website does not utilize any third-party analytic integrations.
The Website connection is encrypted and authenticated using Transport Layer Security (TLS) 1.3, X25519, and AES_128_GCM.
Email communications sent and received via the domain experienceresplendence.com is provided by Google Workspace, a secure service provider that is bound by contractual obligations under a business associate agreement to keep personal information confidential and use it only for the purposes for which we disclose it to them.
Email communications sent and received via the domain experienceresplendence.com are encrypted and authenticated using Transport Layer Security (TLS). Users must explicitly consent to receive unencrypted emails, if applicable, after being advised of the associated risks.
Marketing and promotional communications about our services are transmitted via email only with explicit user consent and voluntary submission of their email address for marketing and promotional purposes.
Phone and SMS text communications are routed through our secure service provider, Spruce, who is bound by contractual obligations under a business associate agreement to keep personal information confidential and use it only for the purposes for which we disclose it to them. Users may reach the Practice by secure phone or SMS text at 984-224-7470 and http://spruce.care/resplendence
Scheduling of patient appointments, electronic health record documentation, collection of financial data for payment of services rendered, delivery of consent forms, delivery of patient education materials and instructions, and e-prescribing are conducted through our secure service provider, Healthie, who is bound by contractual obligations under a business associate agreement to keep personal information confidential and use it only for the purposes for which we disclose it to them. When users of the Website click on any button that leads them to schedule an appointment on the Website, they are routed to Healthie’s authenticated website where all aforementioned transactions take place within a secure web environment. The analytical data regarding the page views, clicks, and button conversions that lead a user to book a consultation are not tracked, transmitted, or stored in any way by the Website.
Links to Other Websites
Our Site may include links or otherwise allow you to access other websites and online services that are not operated by Resplendence, PLLC. We are not responsible for the privacy practices of these or any other websites that we do not control, and this Privacy Policy does not apply to websites or mobile applications that are run by third parties. Be sure to review all privacy policies and terms of use on any website or mobile application you access.
HOW DO WE USE YOUR INFORMATION?
We use information that we collect about you or that you provide to us, including any personal information:
to present our Website and its contents to you.
to provide you with information, products or services that you request from us.
to provide you with marketing and promotional communications about our services if you have explicitly consented to such communications. You can opt out of our marketing emails at any time by clicking “unsubscribe” within the email.
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
to notify you about changes to our Website or any products or services we offer or provide though it.
to allow you to participate in interactive features on our Website.
· to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.
in any other way we may describe when you provide the information.
to fulfill any purpose for which you provide it.
for any other purpose with your consent.
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect, or you provide, as described in this privacy policy:
to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations under a business associate agreement to keep personal information confidential and use it only for the purposes for which we disclose it to them.
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 the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
to third parties to market their products or services to you if you have authorized these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
for any other purpose disclosed by us when you provide the information.
with your consent.
We may also disclose your personal information:
to comply with any court order, law or legal process, including to respond to any government or regulatory request.
to enforce or apply our terms of use and other agreements, including for billing and collection purposes.
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Any disclosure of protected health information will be done so in compliance with HIPAA.
HOW LONG DO WE KEEP YOUR INFORMATION?
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
HOW DO WE KEEP YOUR INFORMATION SAFE?
We take precautions to protect your information. Squarespace, our hosting platform, has a security team dedicated to keeping personal information safe. Squarespace maintains administrative, technical and physical safeguards that are intended to appropriately protect against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing, of the personal information in their possession. Squarespace employs security measures such as using firewalls to protect against intruders, building redundancies throughout their network (so that if one server goes down, another can cover for it) and testing for and protecting against network vulnerabilities.
Despite the use of reasonable procedures to safeguard information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information submitted online. Accordingly, please carefully consider the information you access and share on our Website before doing so.
WHAT ARE YOUR PRIVACY RIGHTS?
Withdrawing your consent
If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us via email at hello@experienceresplendence.com or via phone at 984-224-7470.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Opting out of marketing and promotional communications
You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us via email at hello@experienceresplendence.com or via phone at 984-224-7470. You will then be removed from the marketing lists. However, we may still communicate with you, for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Cookies and Similar Technologies
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
ACCEPTANCE OF TERMS
By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our Website. In addition, your continued use of our Website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have any questions regarding our privacy policies, you may contact us via email at hello@experienceresplendence.com, by phone at 984-224-7470, or contact us by mail at
Resplendence, PLLC
1391 Kildaire Farm Road #1020
Cary, NC 27511
984-224-7470
hello@experienceresplendence.com