Last Updated: March 2020
This privacy notice applies to any Niznik Behavioral Health (the“Company”), Website, service, or portal (collectively "Services")where this privacy notice is referenced, regardless of how you access or usethem. This policy along with the Terms of service govern your use of theCompany’s Website. This Notice is provided to you under the Health InsurancePortability and Accountability Act (HIPAA) and applies to all records receivedand created about your physical and mental condition and treatment (together“PHI”).
THIS NOTICE DESCRIBES HOW MEDICALINFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TOTHIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Changes. We may amend this privacynotice at any time by posting the amended version on this site including theeffective date of the amended version.
Information We Collect
1. "Non-Personal Data" as used in this PrivacyPolicy is therefore any information that does not relate to a person and/orcannot be used to identify a person. When you interact with the Services, wemay collect Non-Personal Data. The limitations and requirements in this PrivacyPolicy on our collection, use, disclosure, transfer and storage/retention ofPersonal Data do not apply to Non-Personal Data
2. When you use or interact with us through the Services,we may collect Personal Data, including information that may be deemed PersonalHealth Information.
3. Personal Information is information relating to anidentified or identifiable natural person. An identifiable natural person isone who can be identified, directly or indirectly, by reference to anidentifier such as a name, an identification number, location data, an onlineidentifier, or to one or more factors specific to the physical, physiological,genetic, mental, economic, cultural or social identity of that natural person.
4. Sometimes this will be on our own behalf and othertimes this will be on behalf of an Servicer using our Services.
a. You may provide identifying information such as yourname, addresses, telephone numbers, email addresses, business sellerinformation, or tax identification number when registering for an account withthe Company. Other Information you may provide the Company when creating aprofile include, but is not limited to: a. A profilepicture and access to your camera and/or photo library (if you choose to enablethis service on your device);
b. Additional information we are required or authorizedby applicable local, state and national laws to collect and process in order toauthenticate or identify you or to verify the information we have collected.
5. Treatment. The Company may receive PHIfrom you and share PHI with health care providers involved in your treatmentbefore, during, and after your stay with the Company.
Information We Use orDisclose
The Company may make certaindisclosures of your PHI as and when required or otherwise authorized by law,and will limit the use or disclosure to the amount of PHI necessary to complywith and/or serve the purposes of the relevant federal, state, or local laws orordinances, or the legitimate needs of responsible, authorized agencies infulfilling their purposes, including, for example:
1. To theUnited States Department of Health and Human Services as part of aninvestigation or determination of compliance with relevant laws;
2. To astate agency for activities such as audits and inspections;
3. To acourt or administrative law judge or other tribunal for judicial oradministrative proceedings and/or as required by court or administrativeorders, subpoenas, and/or other lawful process unless the state has morerestrictive laws;1
4. To apublic health authority which is permitted by law to collect or receive suchinformation for the purpose of preventing or controlling disease, injury, vitalevents such as death, child abuse or neglect; of conducting public healthsurveillance, investigation and/or intervention; and reporting adversereactions to medications or problems with regulated products;
5. To ahealth oversight agency for oversight activities authorized by law, such asaudits, investigations, and inspections.
6. Tocoroners, medical examiners or funeral directors consistent with applicable lawto carry out their duties.
7. To organor tissue procurement organizations to facilitate the donation of organs, eyesor tissues after your death; and
8. Forspecialized governmental functions, such as national security, intelligenceactivities, and for the provision of protective services to the President tothe extent required by Federal and State laws.
9. Emergency. In the event of yourincapacity or an emergency, the Company may also disclose your medicalinformation based on our professional judgment of whether the disclosure wouldbe in your best interests.
10. Health CareOperations.The Company may use or disclose PHI in connection with managing and operatingthe organization. We may also disclose your health information to businessassociates with whom we contract to provide services where such businessassociates agree to appropriately safeguard your PHI.
12.If you providePersonal Data for a certain purpose, we may use the Personal Data in connectionwith the purpose for which it was provided. For instance, if you contact us bye-mail, we will use the Personal Data you provide to answer your question orresolve your problem and will respond to the email address from which thecontact came.
13.We use yourpersonal information to provide and improve our Services, provide you with apersonalized experience on our sites, contact you about your account and ourServices, provide you customer service, provide you with personalizedadvertising and marketing, and to detect, prevent, mitigate and investigatefraudulent or illegal activities.
14.We use thepersonal information we collect from you for a range of different businesspurposes and according to different legal bases of processing.
Access and Use. If you provide Personal Datain order to obtain access to or use of the Services or any functionalitythereof, we will use your Personal Data to provide you with access to or use ofthe Services or functionality and to analyze your use of such Services orfunctionality. For instance, if you supply Personal Data relating to youridentity or qualifications to use certain portions of the Services, we will usethat information to make a decision as to granting you access to use suchServices and to assess your ongoing qualification to use such Services.
Staying Signed in. When you sign in to youraccount on our Services, we give you the option to stay signed in to youraccount for a certain amount of time. If you are using a public or sharedcellular device, we encourage you not to choose to stay signed in. You or anyother user of the cellular device/browser you signed in on will be able to viewand access most parts of your account and take certain specific actions duringthis signed in period without any further authorization. If you are using apublic or shared cellular device, you should sign out and/or clear your cookieswhen you are done using our Services to protect your account and your personalinformation.
Service Providers. We may share your PersonalData with Medical service providers who process Personal Data on the Company toperform certain business-related functions. We are not responsible for theactions of these Servicers, or their Third Party Servicers (or other downstreamrecipients of your Personal Data), with respect to your Personal Data. It isimportant that you review the applicable policies of the Servicers, and ifapplicable and available, their appointed Third Party Servicers, beforeproviding Personal Data or other information in connection with that service.
Similarly, if you are a member of a Servicer's organizationwithin the Company, your Personal Data will be available to the Servicer andshared with those Third Party Servicers granted permission by the Servicer toview all members of the Servicer's organization.
Legal Requirements. We may disclose your PersonalData if required to do so by law in order to (for example) respond to asubpoena or request from law enforcement, a court or a government agency(including in response to public authorities to meet national security or lawenforcement requirements), or in the good faith belief that such action isnecessary to (a) comply with a legal obligation, (b) protect or defend ourrights, interests or property or that of third parties, (c) prevent orinvestigate possible wrongdoing in connection with the Services, (d) act inurgent circumstances to protect the personal safety of Users of the Services orthe public, or (e) protect against legal liability.
How We Store Your PersonalData. Wetake all commercially reasonable steps to protect the Personal Data collectedvia the Services from loss, misuse, unauthorized use, access, inadvertentdisclosure, alteration and destruction. However, no network, server, databaseor Internet or e-mail transmission is ever fully secure or error free.Therefore, you should take special care in deciding what information you sendto us electronically. Please keep this in mind when disclosing any PersonalData.
You can request access to some of your Personal Data beingstored by us. You can also ask us to correct, update or delete any inaccuratePersonal Data that we process about them.
If a Patient initiates a data deletion request, the Companyis authorized to delete or anonymize Personal Data of the requesting Patientfrom the Services even if that means removing its availability to the Servicerthrough the Services. However, if you are a Patient, you understand that evenif the Company deletes or anonymizes your Personal Data upon your request orpursuant to this Policy, your Personal Data may still be available in theServicer's own databases if transmitted to the Servicer prior to the Companyreceiving or taking action on any deletion or anonymization activity.
We will consider and respond to all requests in accordancewith applicable law.
Access, correction, and deletion of your personalinformation. Upon your request, we will close your account and remove yourpersonal information from view as soon as reasonably possible, based on youraccount activity and in accordance with applicable national laws.
If you believe that the information,we have about you is incorrect or incomplete, you may request an amendment toyour PHI in a designated record set. You may submit a request for amendment inwriting to the Privacy Officer, with a reason you wish to make the amendment.We may deny your request if you ask us to amend information that was notcreated by us, is not part of your designated record set, or if the informationis determined to be accurate and complete as it is.
If you provide us with anauthorization to use or disclose your PHI, you may revoke that authorization,in writing, at any time, and we will honor your request(s), except as required,prohibited, or permitted by law.
You have the right to request an“accounting of disclosures.” This is a list of disclosures that we have made ofyour PHI. We are not required to list certain disclosures, including (1)disclosures made for treatment, payment, and health care operations purposes,(2) disclosures made with your authorization, (3) disclosures made to create alimited data set, (4) disclosures made directly to you, (5) disclosurespermitted or required by the Federal HIPAA Privacy Rule, and/or (6) disclosuresoccurring prior to April 14, 2003.
How Long We Retain YourPersonal Data.We may retain your Personal Data as long as you are registered to use theServices. You may close your account by contacting us. However, we may retainPersonal Data for an additional period as is permitted or required underapplicable laws. Even if we delete your Personal Data it may persist on backupor archival media for an additional period of time for legal, tax or regulatoryreasons or for legitimate and lawful business purposes.
Limit the Personal Data YouProvide. Youcan browse the Services without providing any Personal Data (other thanAutomatic Data to the extent it is considered Personal Data under applicablelaws) or with limiting the Personal Data you provide. If you choose not toprovide any Personal Data or limit the Personal Data you provide, you may notbe able to use certain functionality of the Services.
Do Not Track. We currently do notparticipate in any "Do Not Track" frameworks that would allow us torespond to signals or other mechanisms from you regarding the collection ofyour Personal Data.
Third Party Privacy Practices. This privacy noticeaddresses only our use and handling of personal information we collect from youin connection with providing you our Services. If you disclose your informationto a third party or visit a third party Website via a link from our Services,their privacy notices and practices will apply to any personal information youprovide to them or they collect from you. We cannot guarantee the privacy orsecurity of your personal information once you provide it to a third party andwe encourage you to evaluate the privacy and security policies of your tradingpartner before entering into a transaction and choosing to share your personalinformation. This is true even where the third parties to whom you disclosepersonal information are bidders, buyers or sellers on our site.
Change of Ownership. If we are subject to a mergeror acquisition with/by another company, we may share information with them inaccordance with our global privacy standards. Should such an event occur, wewill require that the new combined entity follow this privacy notice withrespect to your personal information. If we intend to handle your personalinformation for any purposes not covered in this privacy notice, you willreceive prior notification of the processing of your personal information forthe new purposes.
At any time, if you feel that your rights have beenviolated or mistreated by Niznik Behavioral Health, you have the right to filea grievance or a complaint. A grievancecan be made by filing a complaint with the US Department of Health and HumanServices, Office of Civil Rights by sending a letter to 200 IndependenceAvenue, S.W., Washington, D.C. 20201, calling toll free 877-696-6775 orvisiting their website at https://www.hhs.gov/hipaa/filing-a-complaint/index.html and following theinstructions to submit an online complaint. It is important to understand that there will be no retaliation for acomplaint filed, and you reserve this right not only during your treatment, butfor any duration after the time in which you received services.
optout@NiznikBehavioralHealth.com or by mail
Niznik Behavioral Health, Inc.
Address 1515 NW 167th St Suite 300,Miami Gardens, FL 33169
Phone: 1- (786) 686-4016
If your personally-identifiableinformation changes, or if you no longer desire our service, you may correct,update, delete or deactivate it by emailing our Customer Support at optout@NiznikBehavioralHealth.com or bycontacting us by telephone or postal mail at the contact information listedabove. We will retain your information for as long as your account is active oras needed to provide you services. We will retain and use your information asnecessary to comply with our legal obligations, resolve disputes, and enforceour agreements.
The Company does not charge for thisservice; however, message and data rates may apply from yourmobile carrier. Subject to the terms and conditions of your mobile carrier, youmay receive text messages sent to your mobile phone. Participation in theprograms on this short code is standard rated (no premium content).
By providing your consent toparticipate in the Programs, you approve any such charges from your mobilecarrier. Charges for text messages may appear on your mobile phone bill or bededucted from your prepaid balance. Clients and Potential Clients can textmessage the Company short code of (786) 686-4016 with akeyword to receive these services. The Company reserves the right to terminatethis SMS service, in whole or in part, at any time without notice. Theinformation in any message may be subject to certain time lags and/or delays.You are responsible for managing the types of SMS texts you receive. If youhave any questions or need help, text HELP as a reply to any text messagereceived from the Company, or call (786) 686-4016.
To stop receiving text messages,text STOP, STOP ALL, END, QUIT, CANCEL, or UNSUBSCRIBE, in reply to anytext message received from the Company. By consenting the use of the Programs,you consent that following such a request to unsubscribe, you will receive one(1) final message from the Company confirming that you have been inactivated inour system. Following such confirmation message, no additional text messages orautomatically dialed phone calls will be sent unless you re-submit your consent.
The Company may use an automaticdialing system to make telephone calls or to deliver text messages to you. TheFederal Communications Commission defines an “automatic telephone dialingsystem” or auto dialer as equipment that has the capacity to store or producetelephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200.By your consent to be contacted through the Company’s Programs you give yourconsent to Company to use an automatic dialing system to make telephone callsor deliver text messages to the telephone or cell phone number to which youhave directed the Company to transmit these text messages.
United States Participating CarriersIncluded
ContactUs. If you have a questionor a complaint about this privacy notice, our global privacy standards, or ourinformation handling practices, you can reach us by calling the office of ChiefLegal Officer, at 786-923-3369, or by sending an email to info@ NiznikBehavioralHealth.com