Updated November 21, 2022

This Privacy Policy (“Policy”) relates to the operations of the website https://accessmyderm.com and any affiliated mobile applications (“Site”) and describes the types of information ACCESS DERMATOLOGY LLC, doing business as Access Dermatology (“us,” “we,” or “our”) may collect from you or your authorized representative (“you”). The Policy also describes our practices for collecting, using, maintaining, protecting, and disclosing information about you, and expresses our commitment to protecting your privacy in accordance with law.

Agreement to Terms and Changes

Please read this policy carefully. If any term is unacceptable to you, please do not use the Site or provide any personal information. If you do access or use the Site, it will mean you expressly agree to the terms of this Privacy Policy.

This Privacy Policy may change from time to time, and your use of the Site after we make changes is deemed to be your acceptance of those changes, so please check the Site periodically for updates.

General Description of the Site and Information ACCESS DERMATOLOGY LLC May Collect and Store

The Site provides the platform that permits you to connect with a dermatologist to receive medical advice and, if appropriate, treatment, including prescriptions. ACCESS DERMATOLOGY LLC services includes collecting and securely maintaining health information from users who become patients and collecting payment for services provided through the Site.

When you use the Site and communicate with us, we collect health information that individually identifies you, called Protected Health Information (“PHI”) and other private information.  Applicable state and federal laws (“Laws”), this Policy, and the Notices of Privacy Practices (“NPP”, below) govern how ACCESS DERMATOLOGY LLC may use and disclose this information about you.

If you are a child under the age of 13, this Policy is modified and superseded by the Consent and Authorization to Provide Services to Children Under The Age of 13, in compliance with the Children’s Online Privacy Protection Act (“COPPA”, below)

The Treating Provider’s legal obligations and your rights relating to your PHI are described in the NPP. Please carefully review the NPP.  The information it contains is important.

The provisions in this Policy also apply to PHI but it focuses on the information collected by and through the Site and on information we collect that is not healthcare information, such as: technical information about how and when you use the Site and technical information about your mobile device or computer.

How We May Use and Disclose Information We Collect

ACCESS DERMATOLOGY LLC collects, stores, uses, and provides access to your information to your Treating Provider so that your Treating Provider can provide you with Services, as described in the NPP.  

We use cookies so the Site can remember who you are and your preferences.

We use other information to help us improve the overall quality of the Site and the services we provide.

We may share your information with third parties who are legally bound by the restrictions of this Policy and the law. As examples, we share your PHI and other information with organizations that help us run and maintain the technology and security infrastructure that supports the Site and the care provided through the Site, with secure storage facilities or hosts, and with our online payment processor and bank. We may also share your PHI with the pharmacy if your Treating Provider prescribes medication and with intermediaries who enable us to send prescriptions electronically.  

We also may use your information to tell you about health-related products and services we offer, and we may share it with a third party if we merge or are acquired.

How We Protect Your Security

We do not transfer information about you to users that do not have a legal right to access it, and we use industry standard technologies, physical security, and administrative processes to help safeguard against unauthorized users gaining access. While we cannot guarantee that unauthorized access to, or loss, misuse, or alteration of data will not occur, we use various safeguards to avoid such occurrences.

Secure Portals are used for you to submit personal information, including your identity, health, and financial information. In transit between your browser and our system, this information is encrypted with Secure technology to create a protected connection between you and the Site to ensure confidentiality. Information on the Secure Portals is encrypted and/or otherwise safeguarded in accordance with law.  Data center servers are physically and electronically secured and are protected by firewall and encryption technology.

How to Contact Us

Questions or comments regarding this Policy should be submitted to info@accessmyderm.com. 

This notice describes how medical information about you may be used and disclosed by health care professionals and how you can access this information.

Please review it carefully.

ACCESS DERMATOLOGY LLC does not electronically send specified transactions and is thus not a covered entity and is not required to comply with the health privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  However, because we value your privacy, we use these provisions as guidelines to maintain safeguards to protect the security of your health information.

Telehealth Services

ACCESS DERMATOLOGY LLC (“Access Dermatology”) operates an online technology platform to provide telehealth services, including but not limited to medical diagnosis and treatment of certain dermatological conditions (“Services”), to users. All Services are provided by health care professionals.

How is Patient Privacy Protected?

As the health care professionals providing the Services (the “Treating Providers”, “us”, “we”, “our”), we understand that information about you and your health is personal. Because of this, we strive to maintain the confidentiality of your health information. We continuously seek to safeguard that information through administrative, physical, and technical means, and otherwise abide by applicable federal and state guidelines.

How do we use and disclose health information?

We use and disclose your health information for the normal activities related to treatment, payment and health care operations. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:

Treatment – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through telehealth services. We may disclose this information so that other physicians, healthcare professionals, and entities such as laboratories and pharmacies can meet your healthcare needs.

Health Care Operations – Health information is used to improve the services we provide, to train staff, for business management, quality improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate our performance in caring for you.

We may also use your health information to:

· Comply with certain federal, state or local laws that require or allow for disclosure.

· 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

· Respond to law enforcement officials or to judicial orders, subpoenas or other process.

· Avert a serious threat to health or safety.

· Assist in specialized government functions such as national security, intelligence and protective services.

· Recommend treatment alternatives.

· Tell you about health-related products and services.

· Communicate within our organization for treatment, payment, or health care operations.

· Communicate with other healthcare providers or related entities for treatment, payment, or health care operations activities relating to quality assessment or licensing.

· Provide information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.

We may also use or disclose your personal or health information for the following operational purposes. For example, we may:

· Communicate with individuals involved in your care or payment for that care, such as friends and family.

· Send appointment reminders.

You may tell us that you do not want us to use or disclose your information for these two activities.

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. 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.

What are the Treating Provider’s Responsibilities?

We will:

· 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.

We reserve the right to change privacy practices, and make the new practices effective for all the information we maintain. Revised notices will be posted on the Access Dermatology LLC website https://accessmyderm.com/.

What if I have a Complaint?

If you believe that your privacy has been violated, you may file a complaint with us.  We will not retaliate or penalize you for filing a complaint.

To file a complaint with us or receive more information, contact Access Dermatology LLC at:

Email: info@accessmyderm.com or Securely Message Us through our Spruce Health Portal https://spruce.care/accessdermatology 

Who Will Follow This Notice?

This Notice describes the health care practices of:

· Any physician or other health care professional authorized by us to access and/or enter information into your medical record, and

· All affiliates.

Purpose of this Notice, Consent, and Authorization.

This Consent and Authorization to Provide Services To Children Under The Age Of 13 (“COPPA Consent”) is for a parent or other legal guardian (“you”) of a child who is under 13 years of age seeking services through the https://accessmyderm.com website (“the Site”), operated by Access Dermatology LLC  d/b/a Access Dermatology (“we,” “us,” “our,” or “Access Dermatology”) and is intended to comply with COPPA.

Required and Other Notices

Application of COPPA. COPPA applies to individually identifiable information about a child under 13 seeking services through the Site (“Child”) that is or may be collected online.

Effect on Terms of Other Documents on the Site. Terms in this COPPA Consent govern over and supersede terms that are inconsistent with those contained in the Privacy Policy and other documents on the Site. Otherwise, the terms of the other Site documents control, and in particular the Notice of Privacy Practices.

Verification of Required Consent. Before collecting or using personal information from Child, Access Dermatology LLC  must obtain verifiable parental consent from you using reasonable efforts to ensure that you receive notice that your Child provided information to Access Dermatology LLC  through the Site, and that you receive notice of the Access Dermatology LLC’s information practices and consent to those practices.

Operators Who May Collect Information about Child. Access Dermatology LLC and/or Treating Providers will collect and maintain information from and about Child. If other operators are added to this list, Access Dermatology LLC will notify you through the Site.

Information That May Be Collected About Child. Operators may not require Child to disclose more information than is reasonably necessary to the medical care, advise and/or treatment to be provided by Treating Providers and/or to the technology that supports Child’s Services through the Site (“Services”). Personal information Access Dermatology LLC and/or Treating Providers may collect directly from Child, from you, or from Treating Providers includes: Child’s full name, your full name, your billing information, which may also be Child’s street address, telephone number, medical condition, including photographs of Child and Child’s condition, medical history, the care and services you receive through the Site.  Information  Access Dermatology LLC may collect passively includes: cookies, technical information about how and when you or Child use the Site, technical information about your or Child’s mobile device or computer accessing the Site.

How Child’s Information Will Be Used. Child’s personal information will be used by Treating Providers to provide medical care and treatment, if appropriate and lawful, and to enable Access Dermatology LLC to support the provision of care and treatment and handle that information securely and properly

Third Parties To Whom Child’s Information May Be Disclosed. Access Dermatology LLC and Treating Providers may share Child’s information with third parties who have agreed to maintain its confidentiality and security. Specifically, Access Dermatology LLC shares Child’s information with organizations that help run and maintain the technology and security infrastructure that supports the Site to ensure security, proper operation, and good communication, as possible, with Treating Providers and to otherwise support the services provided through the Site, and with secure storage facilities or hosts for securely storing Child’s information. Access Dermatology LLC and/or Treating Providers may also share Child’s information with a pharmacy if Treating Providers prescribe medication through the Site and with intermediaries who enable us to send prescriptions electronically. Treating Providers may also share Child’s information with Child’s regular physician, and may do so through Access Dermatology LLC, upon proper request and confirmation the physician is treating Child. Additionally, Treating Providers and/or Access Dermatology LLC may use Child’s information to tell Child about health-related products and services offered through the Site. Finally, we may share Child’s information with a third party if we merge or are acquired.

Under COPPA, you have the option to agree to the collection and use of the child's information without consenting to the disclosure of the information to third parties. However, neither Access Dermatology LLC nor Treating Providers can offer any services through the Site if you do not consent to Access Dermatology LLC’s and Treating Providers’ disclosure to third parties that help Access Dermatology LLC run and maintain the technology and security infrastructure that supports the Site to ensure security, proper operation, and good communication with Treating Providers, and to otherwise support the services provided through the Site, and with secure storage facilities or hosts for securely storing Child’s information. If you consent to the collection and use of such information but do not consent to the disclosure of other information about Child, you must contact us immediately at info@accessmyderm.com

Requests to Review Child’s Information and Other Direction. You may ask to review Child’s personal information and receive information about how to do so by contacting us at the address above. You may also refuse to allow us to collect any further personal information from Child, and direct us to delete any personal information about or from Child, so long as we are not required by Laws to maintain that information. You must notify us at the address above of any such refusal or direction. Your notification will be effective upon our receipt of such communication.

Agreements

1. Access Dermatology LLC, Treating Providers, and any other operators hereafter added, will not require that a Child disclose more information than necessary to receive Treating Providers’ Services and/or Services through the Site and to comply with law.
2. You may and should print a copy of this Consent and maintain it. Access Dermatology LLC will maintain evidence of your acknowledgement for six (6) years.
3. BY CONFIRMING YOU AGREE TO THIS CONSENT AS SET FORTH BELOW, YOU EXPRESSLY REPRESENT THAT YOU ARE THE PARENT OR OTHER LEGAL GUARDIAN OF CHILD, AUTHORIZE US TO ACCEPT YOUR SIGNATURE ELECTRONICALLY, ACKNOWLEDGE THAT THE NAME YOU INPUT WHERE INDICATED IS YOUR ELECTRONIC SIGNATURE, AND SPECIFICALLY AGREE THAT CHECKING A CONSENT BOX IS YOUR WRITTEN ACKNOWLEDGEMENT THAT YOU WERE PROVIDED WITH THE INFORMATION IN THESE TERMS.