Key Definitions
“Aggregate Information” is information that has been combined with information about other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified. For example, Aggregate Information may include a statement that says “70% of our Users have uploaded medical information in the last 6 months” or “30% of our Users have blonde hair.”

“Cookies” are small text files that are placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your browser or device, and can only be read by a web server in the domain that issued the Cookie to you.

“Healthcare Providers” are providers, doctors, specialists, professionals and other organizations who deliver health care services to you and/or take part in your treatment. 

“Health Device Data” is any information that is derived from a mobile device or a wearable fitness tracker that tracks or monitors behavior in a way intended to give the user insight into physical activity and wellness.

“Personal Information” is any information that relates to you, directly or indirectly, and includes PHI, as further defined in our HIIPA Notice of Privacy Practices.  Personal Information may include Registration Information, Self-Reported Information and PHI, as further defined herein. 

“PHI” or “Protected Health Information” means Protected Health Information and is defined in our HIIPAA Notice of Privacy Practices, which is incorporated herein by reference. 

“Registration Information” includes information that you provide about yourself when registering for the Website (e.g. name, email, address, user ID, password and payment information), if applicable or available, from time to time. 

“Self-Reported Information” includes information you provide directly to us, including any information in the Become a Patient section of the Website, such as disease conditions, other health-related information, personality traits, ethnicity, blood type, family history and other information you enter into form, surveys, and features on the Website.

“Usage Information” is information that we automatically collect about your device and your use of the Website. This type of information does not usually, by itself, uniquely identify you, but it may still be Personal Information. Usage Information may include your IP address, domain server, type of device(s) and web browser(s) used to access the Website, referring web page or other source through which you accessed the Website, and other statistics and information associated with the interaction between your browser or device.

“User Content” includes but is not limited to the information, comments, photos, images, video, data, text, and other content that you may post, upload, sync, store, share, send or display through the Website. User Content also includes any copies of or excerpts from medical records and Personal Information that you upload to the Website, as further defined in our Terms of Service. 

“Web Beacons” (also known as “clear GIFs” and “pixel tags”) are small bits of code embedded in web pages or in emails that are used to monitor the behavior of a website or mobile application user or recipient of an email.

Collection of Information.

How We Collect Your Information
We may collect your information in the following ways:

When you voluntarily share your information with us
We will ask you to provide us with information in order to access certain features of the Website. For example, when you create an account for the Website, we may ask for your name, contact information, birthday, and other information about you. When you create an account, we may also collect your photos and additional information that you provide to personalize your profile. We may also conduct surveys or polls that request your information.

 When you use interactive tools on the Website
We may collect your information when you use the Website’s interactive tools, such as uploading copies of and/or excerpts from medical records to the Website.

 When you submit User Content
Certain features of the Website may allow you to display User Content on public forums or to share it with Healthcare Providers. When you share User Content in this way, you share it at your own risk.

 Automatically through your use of the Website
When you navigate the Website, we and our service providers may collect Usage Information through a variety of technical methods, including Cookies, Web Beacons, and other identifiers (collectively, “Data Collection Technologies”). For more information about how we use Data Collection Technologies, please see the Section titled “Data Collection Technologies” below. To learn how to exercise your choices about Data Collection Technologies, please see the Section titled “Your Choices”.

 From social networks and other third parties
We may collect your information from sources other than you, such as from social networks, chat rooms, message boards, other users, and our business partners. If you use or access the Website on or through a social network, we may receive from the social network certain information about you. The information that we receive depends on the social network and your privacy settings with that network. Your interactions with social networks are governed by that network’s privacy statement. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Website.

If you choose not to provide us with any of your information, you may still be able to access and use some of the Website. Note, however, that certain features of our Website that require your information may not always be accessible to you.

How Your Information Is Stored and Shared
We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data stored locally in any of our software installed on your computing device requires that you make use of the security features of your device. We recommend that you take the appropriate steps to secure all computing devices that you use in connection with our Wesbite.

We are dedicated to protecting all information on the Wesbite as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential, if one is required. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.

Please note that VHW uses MicroFour’s Patient Portal to store your Personal Information and PHI. By using the Patient Portal, as further set forth in our Terms of Service, you expressly agree that MicroFour is a Linked Site (as such term is defined therein) and your use of the Patient Portal is governed by any terms of use contained thereon. 

How We Use Your Information
We use your information to operate, provide, analyze, and improve the Website, consistent with our commitments in this Privacy Policy. These activities may include, but are not limited to:

To Provide you the Website and fulfill your requests
We may use your information to register you, administer your account and profile, enable purchases and other transactions, and provide you the information and services that you request, including information about health care and health-related services and resources.

To Communicate with you
We may contact you to share information and marketing materials that we think might be of interest to you. You may unsubscribe from receiving marketing emails from us by emailing us at info@vitalitywellness.com or using the unsubscribe link included in the marketing email. We may also send you administrative messages such as support updates, technical notices, security alerts and administrative messages about changes to this Privacy Policy, and our Terms of Service.   

To prevent illegal activities
We use your information to detect, investigate and prevent fraudulent transactions and other illegal activities. We also may use your information to protect the rights and property of VHW and others.

 For other reasons, as disclosed
In addition to those purposes listed above, we may use your information for any other purpose disclosed to you at the time of collection.

De-identification and aggregation of Information
We may de-identify or aggregate your information with other users of the Website. This de-identified or Aggregate Information may be used by us for any lawful purpose, including for analytics, and otherwise as disclosed herein and in our Terms of Service. 

The Health Insurance Portability and Accountability Act (HIPAA)
By using our Website, you expressly consent to our HIPAA Notice of Privacy Practices which can be found on this page, which is expressly incorporated herein. In the event of any conflict between this Privacy Policy and our HIPAA Notice of Privacy Practices, our HIPAA Notice of Privacy Practices shall control. 

Participating in VHW Research
You have the choice to participate in certain medical research by providing your consent. "VHW Research" refers to research aimed at publication in peer-reviewed journals and other research funded by the public and private institutions, both for-profit and not-for-profit.

VHW Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. VHW Research may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on health research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. VHW Research uses Aggregate Information, de-identified PHI and Self-Reported Information, as specified in an appropriate Research Consent Agreement, which you may enter into from time to time, as explained in greater detail below.

Your de-identified PHI may be used for VHW Research only if you have consented to this use by completing a Research Consent Agreement. If you have completed a Research Consent Agreement:

• Your PHI and Self-Reported Information will be used for research purposes, but it will be de-identified and will not be linked to your Registration Information.

• We may use individual-level PHI and Self-Reported Information internally at VHW for research purposes.

• We may share summary statistics, which do not identify any particular individual or contain individual-level information, with our qualified research collaborators.

• We may share de-identified PHI and Self-Reported Information with select third-party research collaborators for VHW Research purposes.

Withdrawing your Consent
You may withdraw your consent to participate in VHW Research at any time by changing your consent status within your account Settings. If you experience difficulties changing your consent status, contact us at info@vitalitywellness.com. We will not include your PHI or Self-Reported Information in studies that start more than thirty (30) days after you withdraw (it may take up to thirty (30) days to withdraw your information after you withdraw your consent). Any research involving your data that has already been performed or published prior to your withdrawal from VHW Research will not be reversed, undone, or withdrawn. 

External Research Initiatives and Clinical Trials
Research is an important aspect of our services and we want to ensure interested participants are aware of additional opportunities to contribute to scientific and medical research conducted by academic institutions, healthcare organizations, pharmaceutical companies, and other associations. If you have chosen to participate in VHW Research, from time to time we may inform you of third-party research opportunities for which you may be eligible. For example, if a university tells us about a new cancer research project, we may send an email to VHW Research participants who potentially fit the relevant eligibility criteria based on their Self-Reported Information to make them aware of the research project and provide a link to participate with the research organization conducting the study. However, we will not share Individual-level PHI or Self-Reported Information with any third-party without your consent. If you do not wish to receive these notifications, you can manage them by editing your preferences in your account Settings.

Data Collection Technologies
We use Cookies and other Data Collection Technologies to provide you with a better experience when you use the Website. Data Collection Technologies help, us to remember your settings and preferences, keep your information safe and secure, and enable our partners to serve ads for our products and services, including those targeted to your interests.

For example, we partner with Google Analytics, who uses Cookies to track your interactions with our Website. Google then collects that information and reports it to us, without identifying individual users. This information helps us improve our services so that we can better serve users like you. For more information on Google Analytics, visit https://support.google.com/analytics.

Although most browsers and devices accept Cookies and other Data Collection Technologies by default, their settings usually allow you to clear or decline Cookies. If you disable Cookies, some of the features of our Website may not function properly.

By using our Website, you expressly consent to our Cookie Policy, which can be found on this page.

Interest Based Advertising
We may use service providers to serve advertisements on our behalf across the internet. These advertising service providers may collect (through the use of Data Collection Technologies) non-identifiable information about your visits to and interactions with our Website. In addition, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from us. If you would like more information about this practice, please visit the Network Advertising Initiative (“NAI”) at http://optout.networkadvertising.org/#!/.

Please note: Some web browsers incorporate a “Do Not Track” feature (“DNT”) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including our Website, do not currently respond to web browser DNT signals. For more information about DNT signals, please visit http://allaboutdnt.com.

When We Share Your Information
Because we know your Personal Information is important to you, we may share your information for the reason(s) disclosed to you at the time we collect it, with your consent, as well as in the following ways:

At your direction
We will share your information with third parties if and when you direct us to. For example, you may ask us to share your health information with your Health Care Providers. You may also authorize us to share your information with third-party researchers to use the information for scientific research purposes, as further set forth herein.

With our service providers
We may share your Personal Information with our service providers as necessary to enable them to provide services to us. Service providers are third parties (other companies and individuals) that support the operation and maintenance of our services.

With our commonly owned entities
We may share your Personal Information with other companies under common ownership and control of VHW, which may include our subsidiaries, corporate parent, or any other subsidiaries owned by our corporate parent. We do this in order to provide you better service and improve your experience.

For legal purposes
We may share your Personal Information as reasonably necessary to comply with law or a legal process (including a court or government order or subpoena), to detect, prevent, or otherwise address fraud, security or technical issues, to enforce this Privacy Policy and/or the Terms of Service, and to protect the rights, property or safety of VHW, our Users, and/or the public.

During a corporate transaction
If VHW is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information.

We reserve the right to share or sell Aggregate Information and other de-identified information (including metadata) to third parties for their own internal purposes, and publicly disclose such Aggregated Information and de-identified information, for example, in our marketing materials and research reports.

NOTICE TO NEVADA RESIDENTS
Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information collected on a business’s Platform or other online service to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests by email at info@vitalitywellness.com. To be effective, your request must include your full name, address, phone number, and email address to verify the authenticity of your request.

ADDITIONAL RIGHTS AND CHOICES FOR CALIFORNIA RESIDENTS
If you are a California resident, the following additional rights may be available to you.

Shine the Light
Customers who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled "Contact Us" above and specify you are making a "California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

California Consumer Privacy Act of 2018 (CCPA)
Beginning January 1, 2020, the CCPA provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.

Notice of Collection
During the past twelve (12) months, we have collected the following categories of personal information that the CCPA covers:

• Identifiers, including name, email address, date of birth, phone number, account name, IP address, and an ID or number assigned to your account.

• Consumer records, billing and delivery address, and credit or debit card information.

• Commercial information, including purchases and engagement with our Website and mobile applications.

• Internet activity, including your interactions with our Website. 

• Audio data, including information collected for customer care quality assurance.

• Geolocation data, including location enabled services such as GPS.

• Inferences, including information about your interests, preferences and favorites.

For more information on information we collect, including the sources we receive information from, please review this Privacy Policy in its entirety. 

We collect and use these categories of personal information for the business purposes described herein, including to provide and manage our Website. 

Right to Know
You have the right to know certain information about our data practices in the preceding twelve  (12) months. You have the right to request the following information from us:

• The categories of personal information we have collected about you;

• The categories of sources from which the personal information was collected;

• The categories of personal information about you we disclosed for a business purpose or sold;

• The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

• The business or commercial purpose for collecting or “selling” the personal information; and

• The specific pieces of personal information we have collected about you.

Right to Delete
You have the right to request the deletion of personal information that we collect or maintain about you and your account. 

Right to Opt-Out of “Sale”
VHW does not sell information as the term "sell" is traditionally understood. However, VHW may disclose certain information about you when you use our Website for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests. This information may include identifiers such as your IP address, advertising identifiers, commercial information, your internet or other electronic network information such as your interaction with an ad, geolocation data and inferences. To the extent VHW sells your personal information as the term "sell" is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information and following the instructions.

How to Exercise Your CCPA Rights
To exercise any of these rights, please email us at info@vitalitywellness.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

If you choose to exercise any of these rights, you will not receive different prices or quality of services unless permitted by applicable law, including if those difference are reasonable related to your information. 

Please note that if you opt out of receiving marketing communications from us, we may still send communications to you about your transactions or other information related to medical services provided or offered by VHW. Opting out of one form of communication does not mean you’ve opted out of other forms as well.  

If you wish to exercise any of the rights set above, please contact us at info@vitalitywellness.com  or at the address below.  We will need you to provide specific information to help us confirm your identity.  This is a security measure to help ensure that your personal information is not disclosed to someone that does not have the right to receive it.

Note to International Users
Vitality Health & Wellness, LLC is based in the State of Florida, United States of America and the information we collect is governed by U.S. law.  We recognize that the laws in the United States may be different and, in some cases, less protective as the laws other countries, including the European Economic Area (“EEA”). By providing us with your Personal Information and using our Site, you acknowledge that your Personal Information will be transferred to and processed in the United States.  VHW is also committed to complying with data protection laws outside of the United States that apply to our collection and use of your Personal Information.

If you are located in the EEA, we have identified the following legal bases for the processing of Personal Information that we collect under this Privacy Policy:

• Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with our Terms of Service, which you accept using the Website or accessing our services);

• Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Website; operate our business and our services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing services);

• Where we are required to process information in accordance with a legal obligation by an EU Member State;

• Where we are carrying out processing in the public interest; or,

• Where we have your consent, in accordance with applicable law.

If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached. 

Your Choices
Your preferences about how we use your information are important to us and, when possible, we aim to honor them. We offer the following choices that you can exercise with regard to your Personal Information, some of which may be required under local laws (e.g., in the EEA). Please note, however, that we may decline your requests in some circumstances.  For example, we may need to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you to provide us with information necessary to confirm your identity before responding to your request.

Access and modify your Personal Information
We provide you with settings and tools to access and manage the Personal Information associated with your account and personal profile contained therein. If you wish to access or modify other of your Personal Information that you are unable to manage using the Website, such as Usage Information, you may contact us at info@vitalitywellness.com with your request and we will make reasonable efforts to accommodate it. 

Delete your Personal Information or your account or transfer your information to a third-party
You can delete your account at any time by contacting us at info@vitalitywellness.com, and local law may permit you to additionally request the deletion of other of your Personal Information that we possess.  Local law may also permit you to request a transfer of Personal Information to a third-party service provider.  We will undertake reasonable efforts to honor requests to delete Personal Information stored through the Website where required by local law.

Restrict the way that we process and disclose certain of your Personal Information
Local law may permit you to request restrictions on the way we process certain of your Personal Information. We will undertake reasonable efforts to honor such restrictions in accordance with local law. 

Opt-out or revoke consent for marketing communications or other processing of your Personal Information
You can control marketing communications and certain other notifications by clicking the ‘Unsubscribe’ link in any marketing email you receive from us. You can also email us at info@vitalitywellness.com to unsubscribe or revoke your consent for processing of your Personal Information for which you have previously given your consent.

Managing Cookies and Other Data Collection Technologies
You have a number of options to control or limit how we and our service providers use Cookies and other Data Collection Technologies including for advertising. 

To prevent your data from being used by Google Analytics, web users can install Google’s opt-out browser add-on.

For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit http://optout.aboutads.info/. To opt out of interest-based advertising, you can visit http://optout.networkadvertising.org/#!/ and follow NAI’s on-screen instructions. Note that if you opt out through the NAI, you will still receive advertising, but the advertising will not be tailored to your interest. In addition, if you opt out through NAI and later delete your Cookies, use a different browser, or buy a new device, you will need you opt out of interest-based advertising again.

Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.

How We Protect Your Information
The security of your Personal Information is important to us. We use safeguards aimed to protect against unauthorized use, disclosure, alteration or destruction of the Personal Information we collect and maintain.  Registration Information is de-coupled from sensitive information, such as PHI. The data is then assigned a random identification so the person who provided the data cannot be reasonably identified. We use industry standard security measures to encrypt sensitive personal information both when it is stored (data at rest) and when it is being transmitted (data in flight).  Additionally, data is segmented across logical database systems to further prevent re-identifiability. VHW also uses state of the art intrusion detection and prevention measures to stop any potential attacks against its network. We have integrated continuous vulnerability scanning in our build pipelines and may engage third-party experts to consult with us regarding the security of our Website.

Please keep in mind, however, that no data transmitted over the internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient. As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from our Website.

Children’s Privacy Rights
Although the Website may be used to store and transmit healthcare information for children, the Website and the services are not designed for, intended to attract, or directed toward children under the age of 18. If we become aware that a User is under the age of 18, and has provided personal information to us, we will take reasonable steps to remove all information provided by such underage user from our database. 

Retention of Your Information
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Third-Party Links and Services
We provide links to third-party websites operated by organizations not affiliated with VHW. We do not disclose your Personal Information to organizations operating such linked third-party websites. VHW does not review or endorse, and is not responsible for, the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Policy applies solely to information collected by VHW through the Website.

Changes to this Privacy Policy
As we improve our Website over time, we may need to update this Privacy Policy to reflect new ways we may collect and use your information. When we update this Privacy Policy, we will post a new Effective Date at the top. If we make material changes that would impact your use of the Website or your privacy, we will endeavor to notify you of the changes prior to the changes taking effect, such as by posting a notice directly on the Website, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.

Terms of Service.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

Acceptance of these Terms of Use
These terms of use are entered into by and between you (“you”, “your” or “yours”) and Vitality Health & Wellness, LLC, a Florida limited liability company (“VHW”, “us”, “we” or “our”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”) govern your access to and use of the website located at www.vitalitywellness.com (collectively, the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.  Please read these Terms of Service carefully before you start to use the Website. By using the Website, you unconditionally accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at on this page, which are expressly incorporated herein by reference.  If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.  This Website is offered and available to users who are 13 years of age or older.  If you do not meet this requirement, you must not access or use the Website.

Generally
Vitality Health & Wellness, LLC (“VHW ”) owns and operate this Website. This document governs your relationship with VHW (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary, non-commercial basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Becoming a Patient
In order to become a registered patient with VHW, you must submit the requisite forms through the Website, which can be found online here. You expressly acknowledge and agree that your submission of these forms is governed by these Terms of Use, our Privacy Policy and our HIPPA Notice of Privacy Practices, to which you expressly agree. You further consent to any other terms and conditions set forth on the Website at the time of your submission.  

Appointments and Consultations
To schedule an appointment, please call (305) 466-1100 or email frontdesk@vitalitywellness.com. 

New patients are always welcome at VHW. Our staff will be pleased to assist you in any way possible and all efforts will be made to accommodate your schedule while taking your appointment.

We are a small office and on average see half a dozen patients a day and don’t double book our patients to keep our schedule full. A last-minute cancellation is almost impossible for us to fill from our waiting list, therefore we have a 24-hour cancellation/rescheduling policy, which is strictly enforced. The time window for 24 hours is “Business Hours” and does not include weekends or holidays (i.e. an appointment that is scheduled for Monday morning at 10:00 am EST must be canceled or rescheduled by 10:00 am EST on Friday morning in order to avoid a charge). 

Cancellation fees will be based upon the full amount of time that was scheduled for your office visit. The office will attempt to contact you as a courtesy prior to your scheduled appointment time as a reminder. Please be aware that when you reschedule your appointment if you weren’t able to give us adequate notice, there will still be a charge for that new appointment. Cancellation fees are not credited toward to your next appointment. For our lab, missed visits incur a $50.00 charge, provided no medications have been wasted in which case those costs will be added as well. 

Schedule of Fees

Reliance on Information Posted
The information presented on or through the Website including, but not limited to text, graphics, articles, blogs, testimonials, announcements and any other content is made available solely for general information purposes and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.  VHW does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to these Terms of Service
VHW may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: (1) making all arrangements necessary for you to have access to the Website; and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Telehealth Services
VHW may, at its discretion, provide telehealth services through the Website (“Telehealth Services”). By using any Telehealth Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: (i) information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the medical provider; (ii) delays in evaluation or treatment could occur due to failures of electronic equipment; (iii) a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors; (iv) although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. VHW uses Zoom® for Telehealth Services. By engaging in or utilizing any Telehealth Services provided by VHW, you expressly agree to the Terms of Use and Privacy Policy of Zoom® which can be found at https://zoom.us/privacy-and-legal. 

Prescriptions and Product Policy
VHW does not endorse any specific medication, pharmacy, product, supplies, equipment, or devices. If a medical provider prescribes a medication or product, he/she must limit supply based upon state regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. VHW and any medical providers employed or engaged thereby reserve the right to deny care for actual or potential misuse of prescriptions or products. 

You agree that any prescriptions that you acquire from VHW or any medical providers employed or engaged thereby will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your physician or pharmacist if you have any questions regarding the prescription.  

VHW fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your medical provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product
VHW is not a health insurance or malpractice insurance company, the Website (and services provided thereon) are not insurance products, and the amounts you pay to VHW are not insurance premiums. If you desire any type of health, malpractice, or other insurance, you will need to purchase such insurance yourself.

Third-Party Service Products and Services
This Website may contain links to other websites (the “Linked Sites”), which are not operated by VHW. VHW has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Patient Portal
VHW’s goal is to be your first choice in healthcare by providing convenience and accessibility to our practice. We are not only committed to offering the best possible medical care to our patients, but we strive to continue to meet your needs in ways that are convenient for you. Your “Patient Portal” is one of the ways we can provide an improved patient experience. 

The Patient Portal may offer our patients online health services that include the ability to request appointments, request medication renewals, access medical information, laboratory results and online bill pay. However, you acknowledge that not all services may be available. 

Our Patient Portal is owned and operated by MicroFour. For purposes of these Terms of Service, the Patient Portal is a Linked Site. By using the Patient Portal, you agree to any terms and conditions of use posted therein. 

Privacy Policy; HIPAA Notice of Privacy Practices
Our Privacy Policy and HIPAA Notice of Privacy Practices set out how we will use your personal information and can be found at here. By using this Website, you consent to our Privacy Policy and HIPAA Notice of Privacy Practices and warrant that all information provided by you is complete and accurate.

Restrictions on Use
You may use the Website only for lawful purposes and in accordance with these Terms of Use. Accordingly, you agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• To impersonate or attempt to impersonate VHW, a VHW employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm VHW or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Geographic Restrictions
VHW is based in the State of Florida in the United States and provides this Website for use only by persons located in the United States. VHW makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Intellectual Property, Software and Content
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by VHW, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by VHW. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

E-Commerce Terms of Sale
By placing an order through the Website you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or events of force majeure, for which we will not be responsible. 

In order to purchase any products through the Website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. VHW retains the right to refuse any request made by you. If your order is accepted, we will send an order confirmation to your e-mail address. In certain circumstances, you may receive a confirmation email from a third-party in connection with your purchase of any products through the Website. Where purchases are made with a third party through the Website, VHW is not acting as agent or principal and any such contract is made between you and said third party and will be subject to the terms of sale, which are provided to you at the time of purchase. When placing an order, you acknowledge and agree that all information you provide to us is true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products. You further acknowledge that the cost of products and services may fluctuate. All prices advertised are subject to change at any time, without notice.

Placing an Order
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement that a request to purchase the product has been received and does not constitute acceptance of your order. If your order is accepted, you will receive confirmation by e-mail that the products which you ordered have been dispatched to you. 

Pricing and Availability
Although we endeavor to ensure that all details, descriptions and prices that appear on the Website are accurate, errors may occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling such order. If we are unable to contact you, we will treat the order as cancelled. If you cancel an order due to a pricing irregularity and have already paid for the goods, VHW will issue a full refund.

Orders for more than three (3) items may result in processing delays, as they may exceed our current inventory. We will communicate estimated processing and dispatching times by e-mail. Once an bulk order is placed, if cancelled by you, we will charge you a restocking fee, whether the item has been shipped from us or not.

Shipping and delivery costs and applicable sales tax will be charged in addition to the purchase price of any product on our Website. Any such additional charges will be clearly displayed prior to confirming your order. 

Payment Processing
You acknowledge and agree that VHW does not store any payment card information. All payments are made using Stripe®. By placing an order for products through the Website, you expressly agree to the Stripe Connected Account Agreement, Terms of Service and Privacy Policy which can be found at https://www.stripe.com. Upon receiving your order, you authorize VHW to perform a hold or check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the ordered products. Once the goods have been dispatched and you have been sent a confirmation email, all funds paid as a deposit shall be used as consideration for the value of products you have purchased, as listed in the confirmation email.

For VHW Patients
You agree to pay all fees or charges to VHW in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing VHW with your payment information, you agree that VHW is authorized to immediately charge your account for all fees and charges due and payable VHW and that no additional notice or consent is required.

VHW reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due. If you have a dispute concerning any payment transaction, please contact us at frontdesk@vitalitywellness.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. 

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Returns and Restocking Fees
VHW will permit returns within forty-five (45) days of purchase. In order to receive a refund, all products returned must be unopened and in the condition they were sent. Unless otherwise stated herein, any and all returns will incur a restocking fee of twenty-five (25%) of the product purchased. The balance will be refunded to your original payment method. 

Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law VHW and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. 

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Modifications to our Website
VHW may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.

Severability
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Feedback
Any feedback or testimonial submitted or offered to VHW on the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively the “Feedback”) shall be and remain the property of VHW. Such disclosure, submission or offer of any Feedback shall constitute an assignment to VHW of all worldwide right, title and interest in all copyrights and other intellectual properties in the Feedback. Thus, VHW will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. VHW is and shall be under no obligation to maintain any Feedback in confidence, to pay to user any compensation for any Feedback, or to respond to any Feedback. You agree that no Feedback submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Feedback submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback you make. The Company welcomes your feedback and testimonials regarding the Website and VHW. However, any Feedback submitted by you shall be and remain the exclusive property of VHW. For this reason, VHW asks that you not send it any feedback or testimonials that you do not wish to assign to it, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to your feedback and testimonials, any use of the Website’s content and services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision.  Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Florida and County of Miami-Dade. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and VHW. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a duly autorized representative of VHW.

Termination
The Terms of Service are effective unless and until terminated by either you or VHW. You may terminate this Agreement at any time provided that you discontinue all further use of the Website. The Company also may terminate the Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in its sole discretion you fail to comply with any term or provision therein.  

Cookies.

BY USING OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS COOKIE POLICY.

Introduction to Cookies
This Cookie Policy (“Cookie Policy”) provides detailed information about why, how, and when we use Cookies on our Website, as defined in our Terms of Use and Privacy Policy. Any capitalized terms used in this Cookie Policy but not defined herein, have the meanings set forth in in our Privacy Policy. 

What is a (Web) Cookie?
A Cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Website, and/or Services, and will always be used. Web beacons, tags, and scripts may be used in the Website or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.

Why we use Cookies
VHW and our marketing partners, affiliates, and analytics or service providers use cookies and other technologies to ensure everyone who uses the Website has the best possible experience. For example, when you use our Website, we may place a number of Cookies in your browser. We use these cookies to enable us to hold session information as you navigate from page to page within the Website, improve your experience, and track and analyze usage and other statistical information. If you elect not to activate the Cookie or to later disable Cookies, you may still visit our Website, and use our Services, but your ability to use some features or areas of those offerings may be limited.

How to Disable Cookies
You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. To learn more about how to control cookie settings through your browser:

• Click here to learn more about managing cookie settings in Mozilla Firefox;

• Click here to learn more about managing cookie settings in Google Chrome;

• Click here to learn more about managing cookie settings in Microsoft Internet Explorer;

• Click here to learn more about managing cookie settings in Safari;

• Click here to learn more about managing cookie settings in Microsoft Edge.

If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.

Types of Cookies VHW Uses
Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.

Each cookie used by VHW falls within one of the following categories:

1. Essential cookies:

Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help remember your preferences as you use our Website.

1. Analytics cookies:

These cookies track information about your visits and usage of the Website so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ Websites or apps” page at www.google.com/policies/privacy/partners/. 

To opt out of being tracked by Google Analytics when using our Website, visit http://tools.google.com/dlpage/gaoptout.

1. Functionality or preference cookies:

During your visit to the Website, or while you use our Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Website and/or Services to optimize your use of the Website (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Website, you will not have to set them again.

1. Targeting or advertising cookies

These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Website. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Website and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).

1. Social media cookies:

The Website may incorporate certain third-party social media features, such as the Facebook Like button, and third-party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Website. These features may collect your IP address and which page you are visiting on the Website, as well as set a Cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third-party company providing it. Here are some examples of third-party social media features that we use, and their privacy policies:

• Facebook Privacy Policy

• Instagram Privacy Policy

• Google+ and YouTube Privacy Policy

• Twitter Privacy Policy

• LinkedIn Privacy Policy

Cookies subject to change
The content of this Cookie Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Updating this Policy
If there are any material changes to this Cookie Policy, you will be notified by the posting of a prominent notice on our Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Cookie Policy. Your continued use of the Website and/or Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Cookie Policy, is to discontinue use of and access to the Website.

Health Insurance Portability and Accountability Act

HIPAA NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. 

 BACKGROUND 
Your health record contains personal information about you and your health (“you”, “your” or “User”). This information about you may identify you and/or relate to your past, present or future physical or mental health or condition and related health care services is referred to as Protected Health Information (“PHI”). This Notice of Privacy Practices describes how VHW. (“we”, us”, “our” or “VHW”) may use and disclose your PHI in accordance with applicable law, including the Health Insurance Portability and Accountability Act (“HIPAA”), regulations promulgated under HIPAA including the HIPAA Privacy and Security Rules. It also describes your rights regarding how you may gain access to and control your PHI. 

We are required by law to maintain the privacy of PHI and to provide you with notice of our legal duties and privacy practices with respect to PHI. We are required to abide by the terms of this Notice of Privacy Practices. We reserve the right to change the terms of our Notice of Privacy Practices at any time. Any new Notice of Privacy Practices will be effective for all PHI that we maintain at that time. We will provide you with a copy of the revised Notice of Privacy Practices by posting a copy on our website or emailing you a copy. 

WHO MUST FOLLOW THIS NOTICE?
This is a notice of our information privacy practices (“Notice”) that is applicable to, all departments and units in our organization, our employees, contractors, interns, volunteers, and affiliates. These persons or entities may share PHI with each other for the purposes described in this Notice. 

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU 
This section of our Notice explains how we may use your PHI. We will protect your PHI as much as we can under the law. Sometimes state law gives more protection to PHI than federal law. Sometimes federal law gives more protection than state law. In each case, we will apply the laws that offer the most protect for your PHI. 

We are required to maintain the confidentiality of the PHI of our users, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure, such as hosting our platform on HIPAA compliant servers. To the extent required by law, we will make reasonable efforts not to use, disclose, or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations. 

For Treatment. Your PHI may be used and disclosed by those who are involved in facilitating your treatment or other related services provided through our Platform, as further defined in our User Terms of Service. 

For Payment. We may use and disclose PHI so that we can receive payment for certain services provided to you, if applicable. This will only be done with your authorization. If it becomes necessary to use collection processes due to lack of payment for services, we will only disclose the minimum amount of PHI necessary for purposes of collection. 

For Health Care Operations. We may use or disclose, as needed, your PHI in order to support our business activities including, but not limited to, quality assessment activities, internal administration and planning and conducting or arranging for other business activities. 

As provided for in our Terms of Use and Privacy Policy. We may use or disclose, as needed, your PHI in accordance with our Terms of Use and Privacy Policy, to which you expressly agree when using the Platform or accessing our Services. Please make sure to read our Terms of Use and Privacy Policy carefully. If you do not agree with our Terms of Use or Privacy Policy you are not authorized to use the Platform or access our Services. 

SPECIAL SITUATIONS: USE AND DISCLOSURE WITHOUT AUTHORIZATION
The following is a list of the categories of uses and disclosures of PHI permitted by HIPAA without an authorization. Applicable law and ethical standards permit us to disclose information about you without your authorization only in a limited number of situations, such as: 

Abuse or Neglect. We may disclose your PHI to a state or local agency that is authorized by law to receive reports of abuse or neglect, if we reasonably believe you have been a victim of abuse, neglect or domestic violence. 

Judicial and Administrative Proceedings. We may disclose your PHI pursuant to a subpoena (with your written consent), court order, administrative order or similar process. We may also use and disclose your PHI to the extent permitted by law without your authorization, for example, to defend a lawsuit or arbitration. 

Information Not Personally Identifiable. We may use or disclose health information about you in a way that does not personally identify you or reveal who you are. 

Deceased Patients. We may disclose PHI regarding deceased patients as mandated by state law such as a coroner or medical examiner, or to a family member or friend that was involved in your care or payment for care prior to death, based on your prior consent. A release of information regarding deceased patients may be limited to an executor or administrator of a deceased person’s estate or the person identified as next-of-kin. PHI of persons that have been deceased for more than fifty (50) years is not protected under HIPAA. 

Medical Emergencies. We may use or disclose your PHI in a medical or mental health emergency situation to medical personnel only in order to prevent serious harm. Our staff will try to provide you a copy of this notice as soon as reasonably practicable after the resolution of the emergency. 

Family Involvement in Care. We may disclose information to close family members or friends directly involved in your treatment based on your consent or as necessary to prevent serious harm. 

Health Oversight. If required, we may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to the programs, such as third-party payors (for example insurance providers) based on your prior consent, and peer review organizations performing utilization and quality control. 

Law Enforcement. We may disclose PHI to a law enforcement official as required by law, in compliance with a subpoena (with your written consent), court order, administrative order or similar document, for the purpose of identifying a suspect, material witness or missing person, in connection with the victim of a crime, in connection with a deceased person, in connection with the reporting of a crime in an emergency, or in connection with a crime on the premises. 

Specialized Government Functions. We may review requests from U.S. military command authorities if you have served as a member of the armed forces, authorized officials for national security and intelligence reasons and to the Department of State for medical suitability determinations, and disclose your PHI based on your written consent, mandatory disclosure laws and the need to prevent serious harm. 

Public Health. If required, we may use or disclose your PHI for mandatory public health activities to a public health authority authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, or if directed by a public health authority, to a government agency that is collaborating with that public health authority. 

Public Safety. We may disclose your PHI, if necessary, to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. If information is disclosed to prevent or lessen a serious threat it will be disclosed to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. 

Workers’ Compensation. We may use and disclose your PHI as authorized by, and to the extent necessary to comply with, laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault. 

Research. We may use and disclose health information about you for research projects that are subject to a special approval process. We will ask you for your permission if the researcher will have access to your name, address or other information that reveals who you are, or will be involved in your care at the office. 

Required By Law. We will disclose health information about you when required to do so by federal, state or local law. 

USE AND DISCLOSURE WITH AUTHORIZATION
Other permitted and required uses and disclosures will be made only with your consent, authorization or opportunity to object unless permitted or required by law. The following uses and disclosures of your PHI will be made only with your written authorization: 

To share with other Users, Caregivers or Healthcare Providers on the Platform. You may elect to share your PHI with other Users, Caregivers or Healthcare Providers on the Platform. By authorizing another User, Caregiver or Healthcare Provider to access your PHI, you grant us the authorization to use and disclose such PHI to the designated User, Caregiver or Healthcare Provider. 

For our marketing purposes. We must also obtain your written authorization prior to using your PHI to send you any marketing materials. 

For the purpose of selling your health information. We may not sell your PHI without your authorization. Your PHI will not be used for fundraising activities. 

Special Categories of Treatment. In most cases, federal or state law requires your written authorization or the written authorization of your representative for disclosures of drug and alcohol abuse treatment, Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) test results, and mental health treatment. 

Other Other uses and disclosures not described in this Notice of Privacy Practices. 

YOUR RIGHTS REGARDING YOUR PHI
You have the following rights regarding PHI we maintain about you. To exercise any of these rights, please submit your request in writing to our Privacy Officer at Privacy. 

Right of Access to Inspect and Copy. You have the right, which may be restricted only in exceptional circumstances, to inspect and copy PHI that is maintained in a “designated record set”. A designated record set contains mental health/medical and billing records and any other records that are used to make decisions about your care. Your right to inspect and copy PHI will be restricted only in those situations where there is compelling evidence that access would cause serious harm to you or if the information is contained in separately maintained psychotherapy notes. We may charge a reasonable, cost-based fee for copies. If your records are maintained electronically, you may also request an electronic copy of your PHI. You may also request that a copy of your PHI be provided to another person, or another User, Caregiver or Healthcare Provider on the Platform. 

Right to Amend. If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information although we are not required to agree to the amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us. 

We may prepare a rebuttal to your statement and will provide you with a copy. Please contact our Privacy Officer if you have any questions. 

Right to an Accounting of Disclosures. You have the right to request an accounting of certain disclosures that we make of your PHI. We may charge you a reasonable fee if you request more than one accounting in any 12-month period. 

Right to Request Restrictions. You have the right to request a restriction or limitation on the use or disclosure of your PHI for treatment, payment, or health care operations. We are not required to agree to your request unless the request is to restrict disclosure of PHI to a health plan for purposes of carrying out payment or health care operations, and the PHI pertains to a health care item or service that you paid for out of pocket. In that case, we are required to honor your request for a restriction. 

Right to Request Confidential Communication. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. We will accommodate reasonable requests. We may require specification of an alternative address or other method of contact as a condition for accommodating your request. We will not ask you for an explanation of why you are making the request. 

Breach Notification. If there is a breach of unsecured PHI concerning you, we may be required by state and/or federal law to notify you or your Healthcare Provider of this breach, including what happened and what you can do to protect yourself. 

Right to a Copy of this Notice. You have the right to a copy of this Notice. 

COMPLAINTS
If you believe we have violated your privacy rights, you have the right to file a complaint in writing with our Privacy Officer at privacy_____.com. You may submit a formal complaint to the Department of Health and Human Services, Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint. 

Last updated: 10/8/2020 

Contact us
If you have any questions regarding our Privacy Policy, Cookie Policy, Terms of service or our HIPAA Notice please contact us at:

Vitality Heath & Wellness, LLC
801 Fourth Street - Miami Beach, Florida 33139
Tel: 305.466.1100
Fax: 305.466.1160

Email: Contact