Privacy Policy

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 describes how Brain Diagnostics of Texas may use and disclose your protected health information (PHI) to carry out treatment, payment or health care 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” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health condition and related health care services.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

Your Protected Health Information may be subject to electronic disclosure. We will obtain an authorization from you to authorize any electronic disclosure other than for treatment, payment or healthcare operations purposes.

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

Payment: Your protected health information will be used and disclosed, as needed, to obtain payment for your health care services. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.

Healthcare Operations: We may use or disclose, as-needed, your protected health information in order to support the business activities of your physician’s practice. These activities include, but are not limited to, quality assessment, employee review, training of medical students, licensing, fundraising, and conducting or arranging for other business activities. For example, we may disclose your protected health information to medical school students that see patients at our office. In addition, we may use a sign-in sheet at the registration desk where you will be asked to sign your name and indicate your physician. We may also call you by name in the waiting room when your physician is ready to see you. We may use or disclose your protected health information, as necessary, to contact you to remind you of your appointment, and inform you about treatment alternatives or other health-related benefits and services that may be of interest to you.

We may use or disclose your protected health information, to the extent permitted by law, in the following situations without your authorization. These situations include: as required by law, public health issues as required by law, communicable diseases, health oversight, abuse or neglect, food and drug administration requirements, legal proceedings, law enforcement, coroners, funeral directors, organ donation, research, criminal activity, military activity and national security, workers’ compensation, inmates, and other required uses and disclosures.

Under the law, we must make disclosures to you upon your request. Under the law, we must also disclose your protected health information when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements under Section 164.500. Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object, unless required by law. You may revoke an authorization, at any time, in writing, except to the extent that your physician or the physician’s practice has taken an action in reliance on the use or disclosure indicated in the authorization.

YOUR RIGHTS

The following are statements of your rights with respect to your protected health information.

You have the right to inspect and copy your protected health information (fees may apply) – Under federal law, however, you may not inspect or copy the following records: Psychotherapy notes, information compiled in reasonable anticipation of, or used in, a civil, criminal, or administrative action or proceeding, protected health information restricted by law, information that is related to medical research in which you have agreed to participate, information whose disclosure may result in harm or injury to you or to another person, or information that was obtained under a promise of confidentiality.

You have the right to request a restriction of your protected health information – This means you may ask us not to use or disclose any part of your protected health information and by law we must comply when the protected health information pertains solely to a health care item or service for which the health care provider involved has been paid out of pocket in full. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. By law, you may not request that we restrict the disclosure of your PHI for treatment purposes.

You have the right to request to receive confidential communications – You have the right to request confidential communication from us by alternative means or at an alternative location.

You have the right to request an amendment to your protected health information – If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures – You have the right to receive an accounting of all disclosures except for disclosures: pursuant to an authorization, for purposes of treatment, payment, healthcare operations; required by law, that occurred prior to April 14, 2003, or six years prior to the date of this request.

You have the right to obtain a paper copy of this notice from us even if you have agreed to receive the notice electronically. We reserve the right to change the terms of this notice and we will notify you of such changes on the following appointment. We will also make available copies of our new notice if you wish to obtain one.

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 Compliance Officer by mail at the address listed above or by email at scheduling@braindiagnostictx.com of your complaint. We will not retaliate against you for filing a complaint.

We are required by law to maintain the privacy of, and provide individuals with, this notice of our legal duties and privacy practices with respect to protected health information. We are also required to abide by the terms of the notice currently in effect. If you have any questions in reference to this form, please ask to speak with our HIPAA Compliance Officer in person or by phone at our main phone number listed above.

Please sign the accompanying “Acknowledgment of Receipt of Notice of Privacy Practices” form on the following page. Please note that by signing the Acknowledgment form you are only acknowledging that you have received or been given the opportunity to receive a copy of our Notice of Privacy Practices.

Effective September 1, 2021

These terms and conditions (“Terms”) are a contract between users (“you”) and Brain Diagnostics of Texas and apply to the Brain Diagnostics of Texas website, located at https://www.braindiagnostictx.com and to any other website or mobile application owned and operated by Brain Diagnostics of Texas that feature these Terms (collectively, the “Sites”).

Please read and review these Terms carefully before accessing or using the Sites. By accessing or otherwise using the Sites, you accept and agree to be bound by these Terms and the terms of the Website Privacy Policy. If you do not agree to these Terms or the terms of the Website Privacy Policy, you agree not to access or use the Sites.

Using the Sites

The Sites enable users to have web- or mobile-based access to information and services, including, among other things, information about Brain Diagnostics of Texas, cancer, treatments, appointment information, newsletters, and other services. We provide the Sites to make it easier for you to access this information and services. The Sites are offered for general information and educational purposes only and are not meant as a substitute for visiting a doctor or seeking medical care. You acknowledge that the Sites are not intended to provide medical care or act as a replacement for in-person visits with a doctor, and you should not rely on it for managing your health.

The Sites allow you to make an appointment with a provider, but you understand and agree that you will not use the Sites to make an appointment or otherwise seek medical care for or information about a condition requiring urgent attention. For all medical emergencies, immediately dial 9-1-1.

If you choose, you may discontinue your use of the Sites at any time.

Modification of the Agreement and the Sites

We may modify these Terms at any time. Revised Terms will apply to the access or use of the Sites from the date the revised Terms are posted on the following website: https://www.braindiagnostictx.com.

Please check this page regularly to ensure that you are familiar with the current version of the Terms. By your continued use of the Sites after publication of revised Terms, you accept and agree to the terms and conditions of the revised Terms.

We reserve the right to make additions, deletions or changes to the Sites. We may add or remove features or functionalities and we may suspend or stop the Sites altogether at our sole discretion. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

Acceptable Use and Restrictions on Use

The Sites are available only to persons who can form legally binding contracts under applicable law. The Sites are not available to individuals under the age of 18. If you do not qualify, you agree not to use the Sites.

Brain Diagnostics of Texas grants a limited license to you to make personal use only of the Sites in accordance with these Terms. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Sites, making any derivative of all or any part of the Sites, the collection and use of other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

You agree only to use the Sites for the purposes for which it has been designed. You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations and will not encourage or promote any activity that violates these Terms.

Additional Restrictions

By accessing or otherwise using the Sites, you agree that you will not under any circumstances:

• use the Sites for any unlawful purpose or for the promotion of illegal activities;
• attempt to interfere in any way with the Sites’ networks or network security or attempt to use the Sites to gain unauthorized access to any other computer system;
• interfere or attempt to interfere with the proper functioning of the Sites;
• make any automated use of the Sites, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any measures we take to restrict access to the Sites or use any software, technology or device to scrape, spider or crawl the Sites or harvest or manipulate data;
• submit, post or link to any malicious content or offensive material.
  You agree that we may discontinue your use of the Sites at any time and for any reason.

Proprietary Rights

The Sites are the exclusive property of and owned by Brain Diagnostics of Texas. The Sites contains content including, but not limited to, text, photographs, graphics, icon buttons, images, screen layouts, designs, artwork, names, logos, trademarks, service marks and data (“Content”) in any form including the compilation thereof, that is protected by U.S. and international copyright, trademark and other intellectual property law and conventions. The Sites may include both Content owned or controlled by Brain Diagnostics of Texas and Content owned and controlled by third parties and licensed to Brain Diagnostics of Texas. Brain Diagnostics of Texas reserves all of its intellectual property rights in the Sites and Content (including trademarks of Brain Diagnostics of Texas™), and these Terms do not grant you any right or license with respect to any such intellectual property. Except as permitted under these Terms, you agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any of the Content, or intellectual property rights in the Content, in whole or in part by any means without our express written consent. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Sites or any part thereof, including the Content, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.

Website Privacy Policy

Your privacy is important to us. You can learn how we handle your information when you use the Sites by reading our Website Privacy Policy located at https://www.braindiagnostictx.com. We encourage you to become familiar with the Website Privacy Policy, because, by providing your personal data to Brain Diagnostics of Texas or otherwise using the Sites, you agree to the terms of the Website Privacy Policy.

User Information

In these Terms, your “User Information” means any material that you submit to us through your use of the Sites for whatever purpose. You agree only to provide User Information that is accurate and you agree to keep your User Information current. You own your User Information and you hereby grant, and agree to grant, Brain Diagnostics of Texas an unrestricted, worldwide, irrevocable, non-exclusive, perpetual, fully-paid, royalty-free, transferrable license to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute and otherwise use and exploit your User Information in any manner, subject to the terms of the Website Privacy Policy and applicable law, including the regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You also grant Brain Diagnostics of Texas the right to sub-license these rights through multiple tiers, and the right to bring an action for infringement of these rights. You further agree to receive e-mail and text messages from us relating to the services we provide.

Third Party Content

The Sites may contain links to websites or mobile applications owned or operated by third parties (the “Third Party Content”). You acknowledge that the Third Party Content is provided for your convenience only. We do not control Third Party Content and we are not responsible for the content or performance of those sites. The inclusion of Third Party Content does not imply any agreement with or endorsement of such Third Party Content or any association with the parties that own or operate the Third Party Content. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that Brain Diagnostics of Texas makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. To the maximum extent permitted by applicable law, we will not be liable for any Third Party Content linked to through the Sites, including, but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via the Sites.

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Sites infringes your copyright, please send us a notice containing the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Please submit this notice to Brain Diagnostics of Texas at scheduling@braindiagnostictx.com.

Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, ACCESS TO THE SITES, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITES WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE, UP-TO-DATE, ACCURATE, OR PERFORM AS DESCRIBED. Brain Diagnostics of Texas DOES NOT WARRANT THAT ANY PART OF THE SITES WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK, INCLUDING BUT NOT LIMITED TO THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITES. Brain Diagnostics of Texas DOES NOT WARRANT THAT THE SITES, APPS, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITES ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. YOU AGREE TO WAIVE AND RELEASE Brain Diagnostics of Texas FROM ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, OR FROM ANY INFORMATION CONTENT, MATERIALS, APPS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brain Diagnostics of Texas EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR INFORMATION FOUND ON THIRD PARTY SITES OR APPS THAT LINK TO OR FROM THE SITES. Brain Diagnostics of Texas CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY APPS OR SITES. Brain Diagnostics of Texas SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any questions or complaints or claims related to any product or service should be directed to the appropriate third party. Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Sites, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Sites.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL Brain Diagnostics of Texas, ITS SUPPLIERS OR LICENSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, TRUSTEES, PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS ARISING OUT OF OR RELATED TO THE SITES (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN THE EVENT OF ANY PROBLEM WITH THE SITES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITES. EACH PARTY’S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SITES, INCLUDING ATTORNEYS’ FEES, SHALL NOT EXCEED $500.00. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

Indemnity
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Brain Diagnostics of Texas, its managing members, licensors, officers, directors, employees, agents, trustees, subsidiaries, parent companies and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Sites; (b) information or material you have posted or submitted to the Sites; and (c) your breach of these Terms, in each case unless caused by such Indemnitee’s gross negligence, willful misconduct or fraud.

Third Party Suppliers
We may use third party suppliers, such as software companies, to provide, support and maintain the Sites. These third party supplies are protected under these Terms as intended third party beneficiaries.

Choice of Law and Venue
Any dispute, controversy or claim arising out of or related in any manner to the Sites which cannot be amicably resolved by the Parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in Fort Worth, Texas. The arbitration shall take place before a panel of one (1) arbitrators sitting in Fort Worth, Texas. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the Parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that a Party may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction in Fort Worth, Texas if in its reasonable judgment such action is necessary to avoid irreparable harm.

Severability
If a portion of these Terms is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Termination
These Terms are effective unless and until terminated by either you or Brain Diagnostics of Texas. You may terminate these Terms at any time, provided that you discontinue any further use of the Sites. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to the Sites.

Final Terms
These Terms, together with the Website Privacy Policy, constitute the entire agreement between you and Brain Diagnostics of Texas in relation to your use of the Sites.

Miscellaneous
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. The following provisions survive the expiration or termination of these Terms: Proprietary Rights; User Information; Third Party Content; Limitation of Liability; Indemnity; Choice of Law and Venue; and Miscellaneous.

Effective September 1, 2021

This Website Privacy Policy describes how Brain Diagnostics of Texas collect, use, share and disclose the personal data we collect on the Brain Diagnostics of Texas website, located at https://braindiagnostictx.com/ and any other website or mobile application owned and operated by Brain Diagnostics of Texas that feature this Website Privacy Policy (collectively, the “Sites”).

This Website Privacy Policy does not cover the information we collect through Brain Diagnostics of Texas itself (including from the doctors at Brain Diagnostics of Texas), Brain Diagnostics of Texas’s patient portal, or any other Brain Diagnostics of Texas-owned websites or apps that do not link to this Website Privacy Policy.

If personal data collected on the Sites is protected health information, Brain Diagnostics of Texas’s use and disclosure of that information is governed by Brain Diagnostics of Texas’s Notice of Privacy Practices. If you have any questions about Brain Diagnostics of Texas’s Notice of Privacy Practices, please contact us at scheduling@braindiagnostictx.com.

BY PROVIDING YOUR PERSONAL DATA TO Brain Diagnostics of Texas OR OTHERWISE USING OUR SITES, YOU AGREE TO THE TERMS OF THIS WEBSITE PRIVACY POLICY AND OUR WEBSITE TERMS AND CONDITIONS.

The Information We Collect and Use

When we use the term “Personal Data” we mean information that we directly associate with a specific person, or that we can reasonably use to identify a specific person such as a name or email address. We collect and use information through your use of the Sites in the following ways.

1. Personal Data You Provide To Us

We collect and use Personal Data that you provide to us on the Sites in the following ways.

• All Website Visitors
  • If you communicate with us through the Sites, we collect the content of the communications and the metadata associated with those communications. We use this information to respond to your inquiries and facilitate communication.
  • If you sign up for newsletters, we collect your contact information and communication preferences, which we use to manage how we communicate with you.
  • If you use the “email this page” function on our Sites, we collect your contact information and the recipient’s contact information, which we use to facilitate your request.
  • If you submit identifiable comments or other content on the Sites, we collect whatever information you supply and use this information to communicate with you if requested and to otherwise fulfill the purpose of the content submission. Please be aware that any stories, comments or other information that you submit on a public forum will be publicly accessible and managed in accordance with the Brain Diagnostics of Texas social media comment policy. If you connect your Facebook or Twitter account to log into any of these Sites, we collect your account information for those services, which we use to authenticate your access to these Sites.
  • If you register for any Brain Diagnostics of Texas event, such as a seminar, workshop or open house event, we collect your contact and demographic information, including education information and medical or other professional credentials, which we use to register you in the program and facilitate and administer the event. We also may use this information to contact you about your experience and to inform you about future events that may be of interest to you.
  • If you make purchases through our Sites, we collect payment information and related shipping and contact information, which we use to complete your transaction and deliver products to you.
  • If you send us a message that contains information about your or a loved one’s health status, our response to you will be sent through an email system with added security controls.

• Potential Patients
  • If you send us a message through the Sites, we collect information including your name, email address, and the content of any message that you send, which we may use to facilitate a request for an appointment and send you appointment reminders. Please note that appointment data is protected health information, which is also governed by Brain Diagnostics of Texas’s Notice of Privacy Practices.

1. Information We Collect Automatically

We use certain technologies on the Sites to collect information that does not directly reveal your identity (“Other Information”). If we associate Other Information with Personal Data, we will treat the combined information as Personal Data in accordance with this Website Privacy Policy.

The technologies we use include the following:

• Web Log File Data. Like most other websites or mobile applications, we collect some basic information automatically about you and store it in log files. This information may include IP address, browser type, internet service provider, pages you visit from and pages to go to after leaving the Sites, date and time stamp, clickstream data, website traffic patterns and server usage statistics. We use this information for site management and administration, to improve the content, overall performance and user experience on the Sites, for fraud protection and for protecting our rights.
• Data from Cookies and Other Data Collection Technologies. We and our service providers use cookies, web beacons and similar technologies to manage the Sites and to collect information about you when you use the Sites. These technologies help us to recognize you, analyze your use of the Sites and identify solutions for how to make the Sites more useful. These technologies also allow us to enhance the usability of the Sites by aggregating demographic and statistical data and providing this information to our service providers. Please see more information on cookies and related data collection technologies and the choices you can make in the “Your Online Choices” section of this Website Privacy Policy.
• Information for Analytics. We use analytics providers such as Google Analytics to help us evaluate and measure the use and performance of the Sites. More information about how Google uses your data when you use our Sites may be found at www.google.com/policies/privacy/partners/.

Please see more information on analytics and data collection technologies and the choices you can make in the “Your Online Choices” section of this Website Privacy Policy.

1. Additional Uses of Personal Data

In addition to the uses described above, we may use your Personal Data for the following purposes:

• Maintaining and delivering the Sites and its services;
• Contacting you to respond to your requests or inquiries and provide support;
• Contacting you about programs that we believe may be of interest to you, new service announcements, or event invitations;
• Improving our Sites and services;
• Developing new resources and services;
• Conducting, managing and growing our business;
• Analyzing patient experience as well as provider performance;
• Preventing, investigating and providing notice of fraud, unlawful or criminal activity or unauthorized access to or use of Personal Data, the Sites or our data systems, or to meet legal obligations;
• Investigating and resolving disputes and security issues and enforcing our Terms and Conditions; and
• To comply with our legal and regulatory obligations;
• For the performance of our contract with you or to take steps at your request before entering into a contract; and
• Where you have given consent .

How We Share and Disclose Personal Data

We only share or disclose Personal Data collected through the Sites in the following ways:

Our third-party service providers include:

• Third-Party Service Providers. We may engage vendors who perform services on our behalf, including helping us manage the Sites, manage our communication channels and conduct analysis of your use of the Sites.
  • IT service and support providers, including those providers involved in hosting and monitoring the Sites;
  • Analytics providers;
  • Marketing and advertising providers, including those providers involved in our newsletter emails and digital advertising campaigns;
  • Payment and e-commerce providers, including those providers facilitating the fundraising, donation, and event pages;
  • Providers of tools, widgets or buttons on the Sites, including those providers facilitating blog comments, sharing tools, forums and questionnaires; and
  • Learning management platform providers, including those providers involved in the provision of virtual education and continuing learning programming.

• Mobile data: No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt in data and consent.
• Affiliates. We also may share Personal Data with legal entities that are affiliated with us for purposes and uses that are consistent with this Website Privacy Policy and applicable law.
• Legal Process, Safety and Terms Enforcement. We may disclose your Personal Data to legal or government regulatory authorities in response to a search warrant, subpoena, court order or other request for such information or to assist in investigations. We may also disclose your Personal Data to third parties in connection with claims, disputes or litigation, when otherwise required by law, if we determine such disclosure is necessary to protect the health and safety of us or our users or to enforce our legal rights or contractual commitments that users have made.
• Business Transfers. Personal Data may be disclosed as a part of a corporate business transaction, such as a merger, acquisition, reorganization, joint venture or financing or sale of our assets, and could be sold or transferred to a third party as part of such a transaction. Personal Data also may be disclosed to a successor hospital, provider or other legal entity in the event of insolvency, bankruptcy or receivership.

Your Online Choices

• Cookies & Analytics Tools. Most browsers allow you to turn off cookies if you do not want your preferences tracked. You can still use the Sites if cookies are turned off, but disabling cookies may result in a diminished ability to take advantage of the features of the Sites. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/. You can opt out of aggregation and analysis of the data collected about you while using the Sites by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout and downloading and installing the Google Analytics Opt-out Browser Add-on.
• Advertising Partners. We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use different technologies to collect data about your use of the Sites (such as pages visited or articles viewed or clicked on) in order to deliver relevant advertising. These technologies may include cookies, web beacons and other data collection technologies on our Sites placed by these Ad Partners to understand how our Sites are being used, to analyze where users go and what they do after their leave our Sites, to link various devices they may use, and to serve ads that are more relevant to the user. These advertisements may appear on other websites or services that you visit. For more information about how Ad Partners use the information collected by the technologies on our Sites and about your options not to accept cookies placed by some of these companies on our Sites, please visit the DAA’s opt-out page. The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will just not be based on your interests. In addition, when you opt out using one of these methods, our Ad Partners will continue to collect Other Information for any other purpose permitted by the DAA’s rules. Since these opt-outs are cookie-based, if you clear your cookies at any time, you will need to opt out again through the links above. Please note that this Website Privacy Policy does not cover the practices of our Ad Partners. Brain Diagnostics of Texas does not have control over these third party technologies or the information contained in them.

Children and Teens

We are committed to protecting privacy of young people using our Sites. We do not knowingly collect Personal Data on the Sites from children under age 13. We believe children should get their parents’ or guardians’ consent before giving out any Personal Data. If you become aware that we have collected Personal Data from a child without parental consent, please notify us promptly. If we become aware that a child under age 13 has provided us with Personal Data without parental consent, we will take steps to remove it.

If you are a California resident under age 18 and are a registered user of the Sites, then you may request that we remove any submissions you publicly posted on the Sites. To request removal of a submission, please send a detailed description of the specific submission to scheduling@braindiagnostictx.com. We reserve the right to request that you provide information to enable us to confirm that you created and posted the submission you want removed. We will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. But the submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes. Your submission also may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. And the law also may require that we not remove or allow removal of your submission.

Links to Other Websites or Mobile Applications

The Sites may contain links to websites or mobile applications owned and operated by third parties. A link to another website or mobile application does not imply an endorsement of that website’s or mobile application’s content or services. This Website Privacy Policy does not apply to, and we are not responsible for, the privacy practices of third-party websites or mobile applications that are not owned by us. We encourage you to read privacy statements of any third-party websites or mobile applications to learn about their information practices.

Managing Your Communication Preferences

To discontinue receiving messages from us, you can submit an opt-out request to the contact information below or by following these instructions:

If you wish to opt out of receiving our email newsletters, click “unsubscribe” in any email newsletter and follow the instructions on the screen. In addition, you can manage your email preferences by visiting the Brain Diagnostics of Texas communication preferences page.

If you are a donor and wish to request that Brain Diagnostics of Texas or any third parties acting on behalf of Brain Diagnostics of Texas not contact you in the future, you may use our online form to opt-out of receiving fundraising or marketing materials.

If you have consented through the Sites to receive text messages and those messages are of the type that require us to provide an opt out option, you may opt out of receiving the messages by using the method provided in the text message, or by contacting us at the address below.

Notice to Individuals Located in the EU/EEA

This Website Privacy Policy describes ways in which you may provide information to Brain Diagnostics of Texas using the Sites. Personal Data about individuals located in the European Union or European Economic Area (generally referred to here as the “EU”) are subject to special protections under EU law when the processing of those data are within the scope of the European Union’s General Data Protection Regulation (“GDPR”). This Website Notice to Individuals Located in the EU/EEA (the “EU Website Notice”) applies to Brain Diagnostics of Texas’s processing of Personal Data that is within the scope of the GDPR, which we call collectively the “EEA Processing Activities.” The EU Website Notice applies only to EEA Processing Activities involving Personal Data collected through the Sites. When you use the Sites to transfer your Personal Data to Brain Diagnostics of Texas in the United States for EEA Processing Activities, Brain Diagnostics of Texas is a controller of this Personal Data.

Please be aware that if you use the Sites to transfer your Personal Data to Brain Diagnostics of Texas in order to seek care at an Brain Diagnostics of Texas facility or a second opinion at Brain Diagnostics of Texas, you will be provided a copy of our EU Patient Notice and our Notice of Privacy Practices, which will govern our use of protected health information. The EU Website Notice will not apply to Brain Diagnostics of Texas’s use of such information.

We rely on separate and overlapping bases to process your Personal Data lawfully. Brain Diagnostics of Texas will use the Personal Data transferred or collected on the Sites only for the purposes described in this Website Privacy Policy. Brain Diagnostics of Texas’s legal bases for processing your Personal Data include providing you with the information or services that you have requested, protecting your vital interests, furthering our legitimate interests, and your consent, if applicable. When we process special categories of Personal Data, including data concerning your health, our legal bases for processing such data include protecting your vital interests, furnishing a medical diagnosis, performing preventive or occupational medicine or assessment of the working capacity of our workforce, carrying out our obligations under employment or social protection laws, and your consent, if applicable. Legitimate interests that we rely on in processing your Personal Data include (i) improving and customizing the Sites for you, (ii) understanding how the Sites are being used, (iii) exploring ways to develop and grow our operations, (iv) ensuring the safety and security of the Sites, and (v) enhancing protection against fraud, spam, harassment, intellectual property infringement, crime and security risks. Without the ability to collect and process your Personal Information, Brain Diagnostics of Texas would not be able to achieve those interests. We may also use your Personal Data for purposes, including scientific research, that are compatible with the purposes for which such data were initially collected.

If our processing is based solely on consent, you have the right to withdraw your consent. You may withdraw your consent by contacting us as set forth in the “Contact Us” section below. Please note that, in certain cases, we may continue to process your Personal Data after you have withdrawn consent, if we have a legal basis to do so. For example, we may retain certain information if we need to do so to comply with an independent legal obligation, or if it is necessary to do so to pursue our legitimate interest in keeping the Sites safe and secure, or if deleting the information would undermine the integrity of a research study in which you are enrolled.

Brain Diagnostics of Texas is located in the United States. When you enter your Personal Data through one of the Sites, the data is being transferred to, stored, and processed in the United States, and could be transferred to, stored and processed in another country outside of the EU. Please be aware that the European Commission has not found the United States, and possibly other countries to which your Personal Data may be transferred, to provide adequate safeguards for the protection of Personal Data. However, Brain Diagnostics of Texas will take steps to maintain the privacy of your Personal Data as described in this Website Privacy Policy. If Brain Diagnostics of Texas transfers your Personal Data outside the EU, we will do so in reliance on mechanisms recognized under the GDPR. This includes (i) transferring your Personal Information to countries that the European Commission has determined to provide adequate data protection, (ii) obtaining your consent to transfer your Personal Data outside the EU after first informing you about the possible risks of such a transfer, (iii) transferring your information outside the EU if the transfer is necessary to the performance of a contract between you and Brain Diagnostics of Texas, including to provide treatment to you, or if the transfer is necessary to the performance of a contract between your physician or other health care provider located in the EU, and the contract was entered into in your interest, (iv) transferring your information outside the EU if necessary to establish, exercise or defend legal claims, or (v) transferring your Personal Data outside the EU to protect your vital interests.

We will retain your Personal Data for as long as is necessary for the purposes set out in this Website Privacy Policy (for example, if you have an account, for as long as your account is active), subject to your right, under certain circumstances, to have certain of your Personal Data erased, as discussed in the next paragraph, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.

If your Personal Data is processed for EEA Processing Activities, you have the right to (1) see Personal Data that Brain Diagnostics of Texas holds about you and receive any details required to be provided to you under applicable law, (2) correct or update your Personal Data, if inaccurate, (3) limit collection and use of your Personal Data under certain circumstances (for example, if you think it is inaccurate), (4) receive your Personal Data in an electronic format as required by law, except Personal Data that has been used for public interest purposes or for Brain Diagnostics of Texas’s required legal obligations, (5) request deletion of your Personal Data, subject to Brain Diagnostics of Texas’s need to keep such data to comply with legal requirements, for purposes of public health or to preserve the integrity of a research study, or to allow itself to defend itself from legal claims, and (6) file a complaint with a data protection authority (see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm). If you have questions about the processing of your Personal Data or rights associated with your Personal Data, see the section “Contact Us” below.

Policy Changes

This Website Privacy Policy is subject to occasional revisions. We will notify you of changes by posting the new policy on the Sites and updating the effective date of the policy.

Any changes to this Website Privacy Policy will be effective upon thirty calendar days following our posting of notice of the changes on the Sites. If you do not wish to permit changes in our use of your Personal Data, you must notify us that you wish for us to delete your Personal Data prior to the effective date of the changes. Continued use of the Sites following such changes will indicate your acknowledgement of and agreement to be bound by the changes.

Social Media Comment Policy for the General Public

Brain Diagnostics of Texas is active in several social media platforms, including Facebook, Twitter, Instagram, YouTube, and blogs. Through social media, we hope to engage in an ongoing dialogue with individuals and organizations who are interested in cancer care, research, and education.

We encourage your comments and opinions. As much as we’d like to, we can’t respond to every comment, but we hope you’ll join our discussions. We aim to keep the conversation positive and engaging, and we hope you do as well. To make sure this happens, please be truthful and polite when you post. Also, please keep the conversation on topic, and avoid posting spam, such as chain letters and advertisements. We monitor our feeds regularly, and we will remove any inappropriate comments.

Our social media resources don’t substitute for professional medical recommendations. We also can’t comment on the specifics of your case or answer questions regarding your medical treatment. Please consult your medical provider with any specific questions that you have about your health.

Please remember that medical information is covered by privacy laws. However, information and photos posted by the public on Brain Diagnostics of Texas’s social media accounts are not “protected health information” and are not protected by U.S. health privacy laws. The Internet is not private, and there is no such thing as a “private” social media site. Information that you post will never go away, sometimes even after you delete it. Therefore, we suggest that you refrain from posting detailed medical and personal information about yourself or others, including family and friends. If you choose to post your medical information, it will be accessible to all others on the site. If you are posting medical information about others, please ensure you have their approval to post their private information.

Social media posts need to consider the commitment we make to all members of the public in terms of privacy while on site at Brain Diagnostics of Texas. Photography and video recording is not permitted in common/public areas at Brain Diagnostics of Texas unless permitted by the patient being filmed. If filming or taking photography for personal use, only share it with only those people who need the information.

By engaging with Brain Diagnostics of Texas’s social media networks, you grant Brain Diagnostics of Texas the right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use all of your posted content for any purpose and in any media without any legal or monetary obligation or consideration to you or the author.

We reserve the right to review comments posted on our social media sites and to remove any that violate our policy. We also reserve the right to block repeat offenders from continuing to post.

In addition, postings that appear on our social media sites do not necessarily reflect the views of Brain Diagnostics of Texas. When posts contain links to external websites, those sites do not necessarily reflect our views. Also, if we choose to follow a Twitter user, share a Facebook post, or comment on an Instagram post, we are not endorsing that user or content.

Finally, anyone who posts on our social media site agrees to indemnify us against any legal claims related to posted material, such as damages, losses, liabilities, judgments, costs, or expenses.

Thanks for reviewing this policy, and we look forward to interacting with you.

SMS opt-in or phone numbers for the purpose of SMS are not being shared with any third party and affiliate company for marketing purposes

1. SMS Consent Communication:The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
2. Types of SMS Communications:If you have consented to receive text messages from Brain Diagnostics of Texas, you may receive messages related to the following:
   • Appointment reminders
   • Follow-up messages
   • Billing inquiries
   • Promotions or offers (if applicable)

   Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time.”

3. Message Frequency:Message frequency may vary depending on the type of communication. For example, you may receive up to [x] SMS messages per week related to your [appointments/billing, etc.].Example:
   “Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.”
4. Potential Fees for SMS Messaging:Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
5. Opt-In Method:You may opt-in to receive SMS messages from Brain Diagnostic of Texas in the following ways:
   • Verbally, during a conversation
   • By submitting an online form
   • By filling out a paper form
6. Opt-Out Method:You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
7. Help:If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at scheduling@braindiagnostictx.com.Additional Options:If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
8. Standard Messaging Disclosures:
   • Message and data rates may apply.
   • You can opt-out at any time by texting “STOP.”
   • For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
   • Message frequency may vary