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Daybreak Health is devoted to safeguarding our customers, patients, and employee personal information and ensuring confidentiality of records. This Privacy Policy describes the personal information we collect, how we use it, and the standards and procedures in place to safeguard your personal information. At the bottom of this Privacy Policy is the Provider Group’s HIPAA Notice of Privacy Practices, which describes how the Providers and we treat your protected health information under HIPAA. Defined terms in this Privacy Policy may refer to the terms in our Terms of Use.
1. Information we Collect
Daybreak Health collects PI/PHI from customers to include the following:
- The information that's required when you sign up for the site, as well as the information you choose to share.
- Required information such as your name, email address, birthday, and gender. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
- Usernames and User IDs, which are a way to identify you on Daybreak Health. A User ID is a string of numbers and a username generally is some variation of your name.
- Information posted to a group chat or moderated session and information kept within a one on one session.
- “Contact Information” is personal information and or family/friend/relation that Daybreak Health stores confidentially for your Therapist to access in case of an emergency or mental health crisis.
- Information Daybreak receives on forms, including, but not limited to, identifying information such as address, telephone number, e-mail address related to customer projects
- Banking information for billing purposes; such as account # and routing information for invoicing purposes
We may also receive personal information from our partner schools, which is subject to the terms of our agreements with those schools and applicable laws, such as FERPA.
2. How We Use Your Personal Information
We use your personal information for various purposes described below, including to:
- provide the Platform to you;
- provide products and services to you;
- provide you with information you request from us;
- enforce our rights arising from contracts;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- notify you about changes;
- to contact you in response to a request;
- to fulfill any other purpose for which you provide it;
- provide you with newsletters, advertisements, and other promotional communications (with your consent);
- for any other purpose with your consent; and
- provide you with notices about your Account.
3. How We Disclose Your Personal Information
We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Policy.
We may disclose personal information that we collect or you provide as described in this Privacy Policy:
- to service providers and other third parties we use to support our business (the services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services);
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Daybreak about the Site users are among the assets transferred;
- to fulfill the purpose for which you provide it (for example, we may disclose your personal information to a health care provider);
- for any other purpose disclosed by us when you provide the information; and
- with your consent.
We may also disclose your personal information:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Daybreak, our customers, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
In addition, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
4. Service Providers
We may employ third party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform, or to provide audit, legal, operational or other services for us. These tasks include, but not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. We will share with them only the minimum necessary information to perform their task for us and only after entering into appropriate confidentiality agreements.
5. How We Protect Personal Information
We restrict access to information about you to those individuals who need to know that information as part of their job responsibilities. We also educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, special training programs, and our Code of Conduct. We take appropriate disciplinary measures to enforce privacy responsibilities. We have developed precautions that comply with applicable law to ensure the security and confidentiality of customer records and information, to guard against any anticipated threats or hazards to the security or integrity of such records, and to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to our customers or our employees.
We protect personal information by:
- Restricting access to customer information to only those personnel for whom the information is necessary
- Entering into written confidentiality/non-disclosure agreements with third party service providers for certain disclosures
- Maintaining physical, electronic, and procedural safeguards that comply with the relevant laws and regulations
- Conducting a Security Training and Awareness training program to communicate and educate employees about information security policies and procedures in order to make them aware of their roles and responsibilities in safeguarding information resources.
- Daybreak Health uses firewall barriers and digital certifications to maintain the security of your online session and information.
Information transmitted over the Internet is not completely secure, but we do our best to protect your personal information. You can help protect your personal information and other information by keeping your password to the Platform confidential. We ask you not to share your password with anyone.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Platform.
6. Children's Privacy
We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user without parental consent per COPPA. The Platform is not directed and not intended to be used by children under the age of 13 without parental consent. If you're aware that we have collected Personal Information from a child under age 13 without parental consent please let us know by contacting us and we will delete that information.
HIPAA NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices (the “Notice”) describes how the Provider Groups, as an affiliated covered entity composed of multiple distinct professional groups including but not limited to Daybreak Medical, P.C., Daybreak Medical, P.A., and AS Medical of NY, P.C. (collectively, “we” or “our”) may use and disclose your protected health information to carry out treatment, payment, or business operations and for other purposes that are permitted or required by law. “Protected health information” or “PHI” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical health or condition, treatment or payment for health care services.
This Notice also describes your rights to access and control your protected health information.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION:
Your protected health information may be used and disclosed by our health care providers, our staff, and others outside of our office that are involved in your care and treatment for the purpose of providing health care services to you, to support our business operations, to obtain payment for your care, and any other use authorized or required by law.
TREATMENT:
We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with a third party. For example, your protected health information may be provided to any other health care provider with whom you have an existing treatment relationship to ensure the necessary information is accessible to diagnose or treat you.
PAYMENT:
Your protected health information may be used to bill or obtain payment for your health care services. For example, we may use your PHI in connection with processing payments for services provided to you.
HEALTH CARE OPERATIONS:
We may use or disclose, as needed, your protected health information in order to support the business activities of this office. These activities include, but are not limited to, improving quality of care, providing information about treatment alternatives or other health-related benefits and services, development or maintaining and supporting computer systems, legal services, and conducting audits and compliance programs, including fraud, waste and abuse investigations. We may de-identify and anonymize your information such that it is no longer considered protected health information or personally identifiable information and as such, will not contain any reference to you. In that instance, we may modify or create derivative works which contain this de-identified and anonymized information and may use that information as may be necessary to enhance the services we are providing. In addition, we may use this de-identified information for non-commercial purposes including but not limited to analytics, research, preparation of case studies and other educational and research related publication and usage. Under no circumstances will we sell or commercially market your information.
USES AND DISCLOSURES THAT DO NOT REQUIRE YOUR AUTHORIZATION
We may use or disclose your protected health information in the following situations without your authorization. These situations include the following uses and disclosures: as required by law; for public health purposes; for health care oversight purposes; for abuse or neglect reporting; pursuant to Food and Drug Administration requirements; in connection with legal proceedings; for law enforcement purposes; to coroners, funeral directors and organ donation agencies; for certain research purposes; for certain criminal activities; for certain military activity and national security purposes; for workers’ compensation reporting; relating to certain inmate reporting; and other required uses and disclosures. Under the law, we must make certain disclosures to you upon your request, and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of the Health Insurance Portability and Accountability Act (“HIPAA”). State laws may further restrict these disclosures.
USES AND DISCLOSURES THAT REQUIRE YOUR 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. In such cases, without your authorization, we shall not use or disclose your protected health information.
You have the right to receive an accounting of certain disclosures of your protected health information that we have made, paper or electronic, except for certain disclosures which were pursuant to an authorization, for purposes of treatment, payment, healthcare operations (unless the information is maintained in an electronic health record), or for certain other purposes.
You have the right to obtain a paper copy of this Notice, upon request, even if you have previously requested its receipt electronically by e-mail.
REVISIONS TO THIS NOTICE:
We reserve the right to revise this Notice and to make the revised Notice effective for protected health information we already have about you as well as any information we receive in the future. You are entitled to a copy of the Notice currently in effect. Any significant changes to this Notice will be posted on the Platform. You then have the right to object or withdraw as provided in this Notice.
BREACH OF HEALTH INFORMATION:
We will notify you if a reportable breach of your unsecured protected health information is discovered.
Notification will be made to you no later than 60 days from the breach discovery and will include a brief description of how the breach occurred, the protected health information involved and contact information for you to ask questions.
COMPLAINTS:
Complaints about this Notice or how we handle your protected health information should be directed to our HIPAA Privacy Officer. If you are not satisfied with the manner in which a complaint is handled 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.
We must follow the duties and privacy practices described in this Notice. If you have any questions about this Notice, please contact us at _____ and ask to speak with our HIPAA Privacy Officer.
Last updated 8.9.23