Version 2.1: Last Modified on March 4, 2019.
Please note that any content posted by you onto the Site, including but not limited to reviews, photos, videos, questions, or profile updates, becomes published content and is publicly available for anyone in the world to view. PainTheory will display this content on the Site and may distribute it through other third-party sites and services in its sole discretion.
Risk of sending unencrypted emails, texts, and messages
Electronic mail (email) and text messaging are forms of communication that may be utilized between you and PainTheory doctors. We want to make sure you know that unencrypted email and text communications are not secure communications and your protected health information could be intercepted by an unauthorized individual after it is sent. If you decide to use PainTheory telehealth services, you acknowledge and accept that you will be communicating via an insecure communication method.
Email and text communications may become a part of your patient medical record and be accessible to clinical support staff as needed for our operations. Incoming email and text communications will be reviewed and answered as soon as possible. EMAIL COMMUNICATION SHOULD NEVER BE USED IN THE CASE OF AN EMERGENCY OR FOR URGENT REQUESTS FOR INFORMATION. We are not able to encrypt text messages.
Information PainTheory receives from you:
- You provide us with personal information when you register on the Site. This information may include: first and last name, geographic location, email address username and password.
- You may also provide us with your personal information when you voluntarily fill in forms on our Site. For example, you may provide us with your first and last name, telephone number, email address and desired treatment when you fill out a form to be connected to a health care provider.
- When you purchase a Special Program or other paid products or services within the Site, you may provide us with your first and last name, email address and telephone number in order to process your payment. As explained below, we use a third party payment processor to process the payments on our behalf and we never have access to, store or collect your payment card details.
- You may also provide us with personal information when you update your account or through your participation in asking health care providers questions on the Site.
- You may also provide PainTheory with personal information in order to participate in various activities on the Site such as entering giveaways or sweepstakes, taking advantage of promotions, responding to surveys, subscribing to newsletters or other mailing lists or completing a form related to one of our products or services.
- You may provide personal information through communications or chats with other users on the Site. You understand that other users may contact you through direct messages and comments on the Site. Any messages that you send to other users through the Site may not be private or confidential if either you or the recipient of the message discloses it to another person or chooses to publicly post it. In addition, PainTheory may monitor these messages and not deliver the message if PainTheory, in its sole discretion, believes the messages are spam, fraudulent or otherwise violate the PainTheory Terms of Service or Code of Conduct.
- You may also provide us with your personal information when you report a problem with our Site.
- You also provide PainTheory with your information when you use certain features on the Site, such as submitting reviews, comments, questions and other postings on the Site (“User Contributions”). You understand that your User Contributions are published or displayed on public areas of the Site, or transmitted to other users of the Site or third parties. Your username (not your email address) is displayed to other users when you post User Contributions to the Site. If you use your first or last name as part of your username or your username is discoverable on the internet, then you are making this personal information publicly available and understand that other users may view this personal information and may be able to identify you from this personal information. PainTheory cannot control the actions of other users of the Site with respect to your User Contributions.
Information paintheory.collects automatically:
- Log File Information. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and the date and time of your requests. paintheory.collects this information in order to improve the Site.
- Location Information and Device Information. When you access the Site from a mobile device or tablet, PainTheory may be able to collect your location information if this feature is enabled on your mobile device or tablet. In addition, if you are accessing the Site from your computer, then PainTheory may be able to collect your general location information from your IP address. PainTheory may use this information to provide you with a personalized user experience by showing you content relevant for your geographic location. If you are accessing the Site through a mobile device or tablet and you do not want to share your precise geolocation information with PainTheory, then you may be able to turn off this feature on your mobile device or tablet. PainTheory may also collect information it receives from your devices when you access the Site including: Device ID or unique identifier, device type, ID for advertising, and unique device token.
Information paintheory.collects automatically:
- PainTheory may also receive personal information about you from third parties, for example, our business partners.
PainTheory uses the information, including personal information, that we collect about you or that you provide to us for a range of different business purposes. We use your personal information to track usage of the Site, to market the Site, to improve the Site features and functionality, to backup our systems and to provide customer support. For our telehealth services, we use and disclose your PHI to provide you with care, to run our healthcare operations, to take payment (if applicable) and to comply with state and US federal regulations. Our legal basis for processing your personal information is to carry out our legal obligations, to fulfill a contract with you, to protect your vital interests, for our legitimate business interests, to provide you with notices, and for other purposes with your consent.
Information paintheory.collects automatically:
- – To provide our Site and its contents to you
- – To provide customer support, including responding to your requests and contacting you about the requests
- – To provide other services requested by you such as to connect you to other users or health care providers on the Site. If you send direct messages or electronic messages through PainTheory to other users, please note that PainTheory may store these messages in order to deliver them and allow you or the recipient of the message to manage them. When contacting you to connect you to health care providers on the Site, PainTheory may contact you via email, SMS/text messages or by telephone. Message and data rates may apply
- – To monitor the usage of our Site, improve the quality and design of the Site, and create new features, functionality, and services
- – To investigate illegal activities on the Site or activities that violate our Terms of Service
- – To detect, prevent and address technical issues, and improve the security of our Site
- – To validate the authenticity of and display the reviews and other content provided by you to other users
- – To gather analysis or valuable information so that we can improve our Site
- – To customize advertising you may see on our Site
- – To contact you by email in order to offer you special promotions or poll your opinions through surveys or questionnaires
- – To contact you by email or through your account to notify you of major Site changes
- – To measure the performance of email marketing campaigns
- – To allow you to participate in interactive features on our Site
- – To fulfill any other purposes for which you provide it
- PainTheory doctors use your phone number to send you messages and ask you questions about your medical history and pain issues, educate you on your options, and suggest treatment plans
- – We use your telephone number to call you if we have any questions, to leave you voice messages if you don’t answer the telephone when we call you, and to call you to ask for feedback on your experience of using the service. We also use your telephone number to send you SMS/text message notifications
- – To provide treatment and to run our healthcare operations and to take payment (if applicable) we may share your PHI with selected organizations that provide us with services.
- – As examples, we share your PHI with organizations that help us run and maintain the technology and security infrastructure that supports the Website and the care we provide. We also may share your health information with medical staff who help ensure that we are providing a service that meets the appropriate standard of care
- – We share your PHI and card details with our trusted online payment processors (if applicable). If you choose to save your payment details to make future payments easier, our trusted payment provider will store them on our behalf
- – We share your telephone number with the company that helps us send SMS/text messages. If we need to telephone you then we share your telephone number with our telecommunication provider
- – We store information you provide us with whether you complete a visit or whether you do not complete a visit. We take the same precautions over your data regardless of whether you complete a visit
- – We may use your PHI to tell you about health-related products and services.
- – We may share your PHI with a third party if we merge, are acquired or undergo an asset sale
- – Owing to federal and state privacy laws we are generally unable to delete information from your medical record. At your request we can de-activate your secure account so that you and others can no longer access it
Information paintheory.collects automatically:
To send commercial or marketing messages
- To provide you with a personalized user experience by showing you content relevant for your geographic location
- To customize advertising you may see on third party websites
- To provide you with marketing from third parties
- For any other purpose, with your consent
When PainTheory Discloses Information
Third Party Service Providers
- We do share anonymous aggregated user data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site.
- We do allow the display of User Contributions available through the Site by our third party partners.
Fulfill Your Requests
We will use your personal information to fulfill the purpose for which you provide it. For example, if you submit your first and last name, email address, telephone number, treatment desired and questions or comments through a form on a specific health care provider’s profile page, then PainTheory will disclose this information to the health care provider identified on the form. In addition, if you submit your mobile phone number through this form, then you understand and consent to PainTheory and/or the health care provider sending you text messages. You understand that standard text messaging fees and data rates may apply. The information you provide through this form is not used by PainTheory for any other purpose.
If you purchase a Special Program or other paid products and services through the Site, the payment information is transmitted directly via an encrypted connection to our third-party payment processors. PainTheory uses Stripe to process payments, and Stripe stores your personal and payment information in accordance with their respective privacy policies.
We do not share your personal information (such as name or email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
Legal Requests and to Comply with State and Federal Laws
We may disclose personal information if such action is necessary to comply with a legal obligation, to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. PainTheory may disclose any of your messages or other content as part of investigations into the use and operation of the Site.
PainTheory also reserves the right to disclose personal information that PainTheory believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to protect the security or integrity of the Site, and to protect the vital interests, property, or personal safety of PainTheory, our users or others.
In the Event of Merger, Sale, or Bankruptcy
In the event that PainTheory is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your information is treated, transferred, or used.
PainTheory strives to provide you with choices regarding the personal information you provide to us, and we understand that you have rights in your personal information such as the right to access, correct, delete, object to and restrict the use of your personal information. We also understand that you have the right to obtain a copy of your personal information from us and to withdraw your consent of the processing of your personal information by us. We have created mechanisms to provide you with the following control over your personal information:
- You can choose not to provide personal information through our Site, in which case PainTheory may not be able to provide certain services to you or respond to your requests.
- You can access, review and change your personal information by logging into your account on the Site and visiting your account profile page. You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. In some cases, we may not be able to delete your personal information except by also deleting your user account.
- If you do not wish to have your email address or other contact information used by us to promote our Site or other products or services, you can opt-out at any time by logging into the Site and adjusting your user preferences in your account profile or by sending us an email stating your request to email@example.com. If we have sent you a promotional email, you may unsubscribe to receive future emails via the unsubscribe link in that email.
- You may also request a copy of your personal information that you have provided to us directly by sending an email to firstname.lastname@example.org. We will provide you a copy of your personal information in a commonly used electronic form.
- You may also close your account by emailing Community Support at email@example.com. PainTheory will disassociate your User Contributions from your account. However, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Site users. In addition, PainTheory will continue to retain certain information about you in accordance with the privacy practices in this policy or if required to do so as a result of a legal obligation.
- If you wish to know what personal information we hold about you, and if you want it to be removed from our systems, please contact us at firstname.lastname@example.org.
- You have the right to obtain a copy of your medical record.
- You have the right to request that we limit how we use and share your PHI. There may be occasions when we cannot agree to your request.
- You have the right to request that we change or update information held in your medical record. There may be occasions when we cannot agree to your request.
- You have the right to request how we send you PHI. The electronic nature of our service limits our ability to agree to such requests.
In order to fulfill the above requests, PainTheory may ask you to verify your identity before responding to such requests. Further, your right to access your personal information may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you do not want us to use information that we collect or that you provide to us to deliver advertisements, for analytics or remarketing services, then you may opt-out as described below.
- PainTheory currently uses Google AdWords, which is a remarketing service provided by Google. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads settings page at: http://www.google.com/settings/ads.In addition, Google also recommends installing the Google Analytics opt-out browser add-on for your web browser, which is available at: https://tools.google.com/dlpage/gaoptout. This tool provides visitors with the ability to prevent their data from being collected and used by Google Analytics
Our Commitment to Data Security
PainTheory uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. For example, to protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. We cannot, however, ensure or warrant the security of any information you transmit to the Site and you do so at your own risk. Once we receive your information, PainTheory makes commercially reasonable efforts to ensure the security of your information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If PainTheory learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. PainTheory may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us by email email@example.com.
Protecting the privacy of children is important to PainTheory. For that reason, PainTheory does not knowingly collect or maintain personal information from persons under 18 years of age, and no part of the Site is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Site at any time or in any manner. If PainTheory learns that personal information of persons under 18 years of age has been collected without verified parental consent, then PainTheory will take the appropriate steps to delete this information.
Visiting paintheory.com from outside the United States
Retention of Personal Information
California Privacy Rights for California Residents.
California residents may request certain information regarding the disclosure of your personal information by PainTheory to third parties for direct marketing purposes. As noted above, PainTheory does not disclose your personal information to third parties for direct marketing purposes unless you have first agreed to such disclosure. However, if you would like to make such a request, then please contact PainTheory by emailing firstname.lastname@example.org.
Call Monitoring and Recording
Telephone calls to or from PainTheory may be recorded and monitored by us. PainTheory records and monitors telephone calls for user support services and for staff training purposes. PainTheory retains the recordings for a reasonable period of time in order to fulfill the purpose for which the telephone calls were recorded and then the recordings are deleted.
How We Respond to Do Not Track Signals
PainTheory currently does not respond to “Do Not Track” signals because there is not an industry or legal standard for such signals.
Links to Other Sites
How You Can Contact Us