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I wish to have a telehealth consultation with Protera Health, Inc., Protera Health Medical Group, PC or Protera Health Medical Group of Michigan, PC (together, “Protera Health”).

I understand that through an interactive video connection, telehealth will be used to perform my consultation/visits and that we will use telehealth to connect while working together, using the associated telehealth and/or third-party virtual platforms.

I understand the benefits and risks involved with telehealth technology:

• I do not need to travel to the consult location.
• I have access to care through this consultation.
• There may be interruptions, unauthorized access and technical difficulties and my health care provider(s) or myself can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connections are not adequate for the situation.
• My healthcare information may be shared with other individuals for scheduling, billing and clinical care purposes.
• My healthcare information may be documented, communicated, shared, accessed, or transmitted through electronic medical records and other electronic means, using Protera Health and other electronic medical records systems with your information outside of Protera Health

I also understand other individuals may need to use the telehealth platform and that reasonable steps will be taken to maintain confidentiality of the information obtained.

I consent to any treatments, testing, diagnostics, or procedures which may be performed on an outpatient basis, which may include but are not limited to exercise, physical therapy, medical guidance and treatment, wellness advice and counseling, prescription of medication, laboratory procedures, imaging, diagnostic or other tests or evaluations, or other examinations provided to me under the general and/or special instructions of the physicians, staff, or other health care providers as well as the entire Protera Health Team.

It is my right to decline any part of my treatment at any time before or during treatment, should I feel any discomfort or pain or have other unresolved concerns. Protera Health does not guarantee what my reaction will be to a specific guidance or treatment, nor does it guarantee that the guidance or treatment will help resolve the condition that I am seeking treatment for. Though it is unlikely, there is a possibility that the treatment may result in aggravation of existing symptoms and may cause increased pain or injury. It is very important to communicate with my care team throughout my treatment.

I have read this document in its entirety and understand the risks and benefits of telehealth consultation/visits and have had my questions explained. I hereby consent to participate in telehealth sessions under the conditions described in this document.

Protera Health Medical Group, P.C., a Michigan professional corporation, and Protera Health Medical of Michigan, P.C., a Michigan professional corporation.

HIPAA (Health Insurance Portability and Accountability Act of 1996) NOTICE OF PRIVACY PRACTICES

This notice outlines your protected health information, how it may be used, and what your rights are. Please review carefully and ask any questions prior to signing. Questions about this notice can be directed to Protera Health Medical Group, PC or Protera Health Medical Group of Michigan, PC (together, “Protera Health”) at care@proterahealth.com.

OUR PLEDGE REGARDING PROTECTED HEALTH INFORMATION:

We, Protera Health, understand that protected health information about you and your health is personal. We are committed to protecting health information about you. This Notice applies to all of the records of your care generated by Protera Health, whether made by Protera Health personnel or your personal doctor or other health care provider. This Notice will tell you about the ways in which we may use and disclose protected health information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of protected health information. The law requires us to:

• Make sure that protected health information that identifies you is kept private.
• Notify you about how we protect health information about you.
• Explain how, when and why we use and disclose protected health information
• Follow the terms of the Notice that is currently in effect.

We are required to follow the procedures in this Notice. We reserve the right to change the terms of this Notice and to make new notice provisions effective for all protected health information (PHI) that we maintain by:

• Posting the revised Notice in our office.
• Making copies of the revised Notice available upon request.
• Posting the revised Notice on our website.

HOW WE MAY USE AND DISCLOSE PROTECTED HEALTH INFORMATION ABOUT YOU

The following categories describe different ways that we use and disclose protected health information without your written authorization.

For Treatment: We may use protected health information about you to provide you with, coordinate or manage your medical treatment or services. We may disclose protected health information about you to doctors, nurses, technicians, medical students, or other personnel who are involved in taking care of you. Protera Health staff may also share protected health information about you in order to coordinate the different services you need, such as prescriptions, lab work and x-rays. We also may disclose protected health information about you to people outside Protera Health’s office who may be involved in your medical care. We may use and disclose protected health information to contact you as a reminder that you have an appointment for treatment or medical care at Protera Health. We may use and disclose protected health information to tell you about or recommend possible treatment options or alternatives or health-related benefits or services.

For Payment for Services: We may use and disclose protected health information about you so that the treatment and services you receive at Protera Health may be billed to and payment may be collected from you, an insurance company or a third party. For example, we may need to give your health plan information about nutrition services you received at Protera Health so your health plan will pay us or reimburse you for the service. We may also tell your health plan about the nutrition services you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Health Care Operations: We may use and disclose protected health information about you for Protera Health health care operations, such as our quality assessment and improvement activities, case management, coordination of care, business planning, customer services and other activities. These uses and disclosures are necessary to run the facility, reduce health care costs, and make sure that all of our patients receive quality care. We may also combine protected health information about many Protera Health patients to decide what additional services Protera Health should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to doctors, nurses, technicians, medical students, and other Protera Health personnel for review and learning purposes. We may also combine the protected health information we have with protected health information from other health care facilities to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you from this set of protected health information so others may use it to study healthcare and health care delivery without learning who the specific patients are. We may also contact you as part of a marketing or fundraising effort. Subject to applicable state law, in some limited situations the law allows or requires us to use or disclose your health information for purposes beyond treatment, payment, and operations. However, some of the disclosures set forth below may never occur at our facilities.

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

Research: We may disclose your PHI to researchers when their research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your information.

Health Risks: We may disclose protected health information about you to a government authority if we reasonably believe you are a victim of abuse, neglect, or domestic violence. We will only disclose this type of information to the extent required by law, if you agree to the disclosure, or if the disclosure is allowed by law and we believe it is necessary to prevent or lessen a serious and imminent threat to you or another person.

Judicial and Administrative Proceedings: If you are involved in a lawsuit or dispute, we may disclose your information in response to a court or administrative order. We may also disclose health information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made, either by us or the requesting party, to tell you about the request or to obtain an order protecting the information requested.

Business Associates: We may disclose information to business associates who perform services on our behalf (such as billing companies); however, we require them to appropriately safeguard your information. Public Health. As required by law, we may disclose your protected health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability.

To Avert a Serious Threat to Health or Safety: We may use and disclose protected health information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.

Health Oversight Activities: We may disclose health information to a health oversight agency for activities authorized by law. These activities include audits, investigations, and inspections, which may be necessary for licensure and for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Law Enforcement: We may release protected health information as required by law, or in response to an order or warrant of a court, a subpoena, or an administrative request. We may also disclose protected health information in response to a request related to identification or location of an individual, victims of crime, decedents, or a crime on the premises.

Organ and Tissue Donation: If you are an organ donor, we may release protected health information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank to facilitate organ or tissue donation and transplantation.

Special Government Functions: If you are a member of the armed forces, we may release protected health information about you if it relates to military and veterans’ activities. We may also release your protected health information for national security and intelligence purposes, protective services for the President, and medical suitability or determinations of the Department of State.

Coroners, Medical Examiners, and Funeral Directors: We may release protected health information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose protected health information to funeral directors consistent with applicable law to enable them to carry out their duties.

Correctional Institutions and Other Law Enforcement Custodial Situations: If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release protected health information about you to the correctional institution or law enforcement official as necessary for your or another person’s health and safety.

Worker’s Compensation: We may disclose information as necessary to comply with laws relating to worker’s compensation or other similar programs established by law.

Food and Drug Administration: We may disclose to the FDA, or persons under the jurisdiction of the FDA, protected health information relative to adverse events with respect to drugs, foods, supplements, products and product defects, or post marketing surveillance information to enable product recalls, repairs, or replacement.

YOU CAN OBJECT TO CERTAIN USES AND DISCLOSURES. Unless you object, or request that only a limited amount or type of information be shared, we may use or disclose protected health information about you in the following circumstances:

• We may share with a family member, relative, friend, or other person identified by you protected health information directly relevant to that person’s involvement in your care or payment for your care. We may also share information to notify these individuals of your location, general condition or death.
• We may share information with a public or private agency (such as the American Red Cross) for disaster relief purposes. Even if you object, we may still share this information if necessary for the emergency circumstances.

If you would like to object to use and disclosure of protected health information in these circumstances, please call or write to our contact person listed on page 1 of this Notice.

YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION ABOUT YOU.

Right to Inspect and Copy: You have the right to inspect and copy protected health information that may be used to make decisions about your care. Usually, this includes medical and billing records. To inspect and copy protected health information that may be used to make decisions about you, you must submit your request in writing to Protera Health. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request, and we will respond to your request no later than 30 days after receiving it. There are certain situations in which we are not required to comply with your request. In these circumstances, we will respond to you in writing, stating why we will not grant your request and describe any rights you may have to request a review of our denial.

Right to Amend: If you feel that protected health information we have about you is incorrect or incomplete, you may ask us to amend or supplement the information. To request an amendment, your request must be made in writing and submitted to Protera Health. In addition, you must provide a reason that supports your request. We will act on the/ your request for an amendment no later than 60 days after receiving the request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request, and will provide a written denial to you. In addition, we may deny your request if you ask us to amend information that:

• Was not created by us, unless the person or entity that created the information is no longer available to make the amendment
• Is not part of the protected health information kept by Protera Health
• Is not part of the information which you would be permitted to inspect and copy, or We believe is accurate and complete

Right to an Accounting of Disclosures: You have the right to request an "accounting of disclosures." This is a list of the disclosures we made of protected health information about you. To request this list or accounting of disclosures, you must submit your request in writing to Protera Health. You may ask for disclosures made up to six years before your request. The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We are required to provide a listing of all disclosures except the following:

• For your treatment
• For billing and collection of payment for your treatment
• For health care operations
• Made to or request by you, or that you authorized
• Occurring as a byproduct of permitted use and disclosures
• For national security or intelligence purposes or to correctional institutions or law enforcement regarding inmates
• As part of a limited data set of information that does not contain information identifying you

Right to Request Restrictions: You have the right to request a restriction or limitation on the protected health information we use or disclose about you for treatment, payment or health care operations or to persons involved in your care. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment, the disclosure is to the Secretary of the Department of Health and Human Services, or the disclosure is for one of the purposes described in the Telehealth Consent. To request restrictions, you must make your request in writing to Protera Health.

Right to Request Confidential Communications: You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to Protera Health. We will accommodate all reasonable requests.

Right to a Paper Copy of This Notice: You have the right to a paper copy of this Notice at any time by contacting Protera Health.

OTHER USES AND DISCLOSURES

We will obtain your written authorization before using or disclosing your protected health information for purposes other than those provided for above (or as otherwise permitted or required by law). You may revoke this authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your information, except to the extent that we have already taken action in reliance on the authorization.

YOU MAY FILE A COMPLAINT ABOUT OUR PRIVACY PRACTICES

If you believe your privacy rights have been violated, you may file a complaint with Protera Health, or file a written complaint with the Secretary of the Department of Health and Human Services. A complaint to the Secretary should be filed within 180 days of the occurrence of the complaint or violation. If you file a complaint, we will not take any action against you or change our treatment of you in any way.

Acknowledgement Confirming Receipt of HIPAA Privacy Notice

By choosing to participate, and by checking the box, I acknowledge I have read and understand the HIPAA Privacy Notice.

Welcome to Protera Health services that are provided through a variety of different channels, including online at proterahealth.com and/or myproterajourney.com (collectively, the “Website”), via one or more applications (the “Application”), or through telehealth delivery (collectively the “Service”). The Service is provided by Protera Health, Inc. and/or the professional entities (the “Professional Corporations”) for which Protera Health, Inc. provides administrative services (collectively, “We”, “Us”, “Our” or “Protera Health”). Please read these terms and conditions carefully before using the Service. By accessing, browsing, and/or using the Service, you accept and agree to be bound by these terms and conditions and the applicable Privacy Notices (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Service. These Terms and Conditions may change. Because your use of the Website and the Service means that you agree to these Terms and Conditions, if we revise and update these Terms and Conditions, your continued use of the Service and the Website will mean that you accept these changes. You choose whether or not to use the Service and the Website. If you do not agree to all of these Terms and Conditions, please do not use the Service and the Website.

IF YOU HAVE A MEDICAL EMERGENCY, PLEASE GO TO THE EMERGENCY ROOM OR DIAL 911 IMMEDIATELY.

Scope of Service

Protera Health, on its own behalf and on behalf of the Professional Corporations, makes certain information available to you regarding the Service. Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Corporations. Protera Health’s role is limited to making such information available to you and/or facilitate your access to the Service, on behalf of the Professional Corporations as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). Protera Health is independent from the Professional Corporations and the healthcare providers that may provide you with telehealth clinical and/or physical therapy services through the Professional Corporations. Protera Health is not responsible for the Professional Corporations’ acts, omissions or for any content of the communications made by them to you. Protera Health does not engage in the practice of medicine or physical therapy nor does it provide any other healthcare or clinical services.

The Service provides a variety of content, products, and services, which may include, as applicable, the Protera Health application, data analysis, participant access to his/her personal health account, personalized health education, access to other mobile and web-based technologies. Features and specifications of products or services described or depicted as part of the Service are subject to change at any time without prior notice.

As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) these Terms and Conditions, or (ii) any and all applicable laws and regulations.

Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Protera Health. Call 911 or your doctor for all medical emergencies. PROTERA HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.

Your Account and your Use of the Protera Health Service

You must provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Protera Health of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. Protera Health shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

The following actions are expressly prohibited in relation to your user name and password used to obtain the Service:

Sharing, disclosing, permitting access to, or otherwise facilitating the use by any person of your user name and password or accessing, copying, or storing any part of the Service for non-personal use;

Using the user name and password to cache the Service in such a manner as to be accessible by persons who have not properly registered with Protera Health; or

Using the user name and password to permit multiple persons access to the Service through a local or wide area network.

If you have forgotten your user name or password, the Service will use an email address previously provided by you to send your user name or temporary password. You understand that any other individuals using the same email address will be able to gain access to your Service account information.

Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Service. You may not interfere with or disrupt the proper operation of the Service.

If you use Protera Health’s mobile services to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. By providing your phone number to Protera Health, you expressly consent to Protera Health calling or texting you at this phone number - in person or through an automated system.

Messages and Communications

By opting in you are agreeing to receive informational messages, including but not limited to phone calls, text/SMS messages and electronic mail (e-mail). You can cancel these service at any time. Just email care@proterahealth.com and ask to stop receiving messages and phone calls. After this, you will no longer receive messages from Us unless you request us to restart messaging you. However, please note that opting out of your receipt of messages/phone calls from Us may impact the Service. If you want to join again, contact us at care@proterahealth.com. If you are experiencing issues with the messaging program you can contact Protera Health for help directly at care@proterahealth.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.

Use of your Information / Privacy Policy

If you create, transmit, or display information while using the Protera Health Service, you may provide only information that you own or have the right to use. Protera Health will only use information you provide as permitted by the Privacy Policy, HIPAA Notice, and applicable law. The purpose of Our Privacy Policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used. In addition, when Protera Health is acting as a Covered Entity or Business Associate under HIPAA, Our Notice of Privacy Practices applies to those services.

Intellectual Property

The Service is owned by Protera Health. We grant to you, for your personal purposes only, a nonexclusive, limited and revocable right to access and use the Service, so long as you comply with the terms of these Terms and Conditions. You agree not to use the Service for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Service without Our prior written consent.

All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by these Terms and Conditions. No other use of these materials is allowed without express written permission of Protera Health.

Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by Protera Health, or for licensed content, the content providers.

None of the names, trademarks, service marks and logos of Protera Health appearing on the Service may be used in any advertising or publicity, or otherwise to indicate Protera Health’s sponsorship of or affiliation with any product or service without express written permission of Protera Health. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of Protera Health or the third-party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

You understand and agree that any and all comments, suggestions, ideas or feedback (collectively, “Feedback”) you provide Us about the Service or any Protera Health products or offerings, including how to improve them, is or becomes the exclusive property of Protera Health, including any associated rights to such Feedback, and Protera Health may freely use, copy, make, sell, reproduce or modify Feedback in any manner without consent, obligation or compensation to you.

Right to Change Terms and Conditions

Protera Health may, at any time and from time to time, amend these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed terms and conditions on the Service or our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by these Terms and Conditions as amended.

Risks and Benefits

You understand that there are risks associated with the Service, including, but not limited to, the following: (a) loss of records from failure of electronic equipment; (b) power failures with loss of communication; and (c) access of electronic records by third parties (hackers). Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of Service.

Rights

You understand that you have all the following rights with respect to the Service:

Free Choice. You have the right to withhold or withdraw your consent to Service at any time without affecting your right to future care or treatment.

Access to Information. You have the right to request a copy of all health information transmitted during the Service, which are described in more detail in the Professional Corporations’ Medical Information Privacy Notice.

Confidentiality. You understand that the laws that protect the confidentiality of health information apply to the Service, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.

Consequences. You understand that, by consenting to the Service, healthcare providers and physical therapists associated with the Professional Corporations may communicate your health information to physicians, physical therapists and other healthcare providers.

Browser Access and Internet Services

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and strong encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of your internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your System.

Links to Other Sites

The Service may contain third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Service and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Protera Health, you should consult the policy statements of each site you visit.

Authorization for Assignment of Benefits

If you are entitled to benefits under any insurance policy or other health benefit plan (“Health Plan”), in consideration of your receipt of the Service, you irrevocably assign, transfer and convey all rights and benefits payable under the Health Plan for Service rendered by Protera Health and/or the Professional Corporations. You agree to cooperate with any efforts by Protera Health to secure reimbursement for the Service provided. Further, you designate Protera Health as your authorized representative. By this assignment and designation, you authorize payment to be made directly to Protera Health and the Professional Corporations. You understand that this authorization and designation does not relieve you of financial responsibility for charges incurred by you. If your Health Plan sends you payments for the Service, you are to immediately send those payments to Protera Health. If you fail to do so, you will be responsible for those amounts, in full, as well as any associated cost-share, deductible, co-pay and/or co-insurance. In the event you overpay for the Service, you authorize Protera Health to apply such overpayment to satisfy any outstanding charges you owe for the Service. This authorization does not include Health Plan payments made on your behalf. You further authorize and irrevocably assign to Protera Health the following rights:

• To communicate with your Health Plan, to request any adjustment to your Health Plan’s reimbursement of the Service provided, and to file any and all necessary claims, demands or appeals with your Health Plan arising from a denied, underpaid or misclassified claim;
• To demand and receive the production of, or access to, any documents and information, including, without limitation, any copies of Health Plan documents, coverage policies, guidelines and any other materials affecting the coverage and reimbursement of any Service provided to you, from any entity or person to the fullest extent of your rights to do so under applicable law;
• To bring legal action, if needed, in any forum against your Health Plan under applicable laws, including, without limitation, to the extent applicable, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and/or the Federal Employee Health Benefit Act, as amended;
• To recover benefits under the terms of your Health Plan, to enforce your rights under the terms of your Health Plan, or to clarify your rights to future benefits under the terms of your Health Plan;
• To enjoin any act or practice which violates any provision of ERISA or the terms of your Health Plan, or to obtain other appropriate equitable relief to redress such violations or to enforce any provisions of ERISA or the terms of your Health Plan; and
• To recover the costs of pursuing such action, including, reasonable attorney fees, as permitted.The foregoing designation and assignment of benefits and rights are without limitation and without reservation of any part or aspect thereof.

Covered and Non-Covered Services

If you provide information to us about your Health Plan and agree to these Terms and Conditions, you acknowledge and agree that your purchase of the Service may include both (i) “Covered Services” (as such term is defined by your Health Plan) and (ii) Service that are NOT “Covered Services” and/or not reimbursed by your Health Plan (“Non-Covered Service”). Covered Service can include appointments with a health care provider and/or physical therapist. Non-Covered Service can include coaching, physical therapy, as well as tools and services meant to enhance your healthcare experience.

Payment for Service

In addition to the foregoing authorization for assignment of benefits, by agreeing to use the Service, you acknowledge and agree that, to the extent the Service you use are Non-Covered Services: (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all Non-Covered Services provided to you, and (2) neither you nor Protera Health nor the Professional Corporations will submit a claim for reimbursement to any federal or state healthcare program for the costs of such services and products provided to you through the Non-Covered Services.

Subject to any ability to refund as outlined in the following sections, you agree that you will be charged for the Service by providing a credit card or other payment method accepted by Protera Health (“Payment Method”), and you are expressly agreeing that Protera Health is authorized to charge to the Payment Method any fees for Service, together with any applicable taxes. You agree that you will be charged for the Service in accordance with the payment schedule as set forth in the Protera Health invoice issued to you.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing by notification to care@proterahealth.com, and you agree to notify Protera Health of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Non-Covered Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Protera Health may at its discretion attempt to process the charge again at any time within 30 days.

If you provide information about your Health Plan and agree to use the Service, in addition to the foregoing authorization for assignment of benefits, you acknowledge and agree that, to the extent the Service you use are Non-Covered Services, you are explicitly choosing to obtain products and services on a cash basis (“Self-Pay”) outside of any federal or state healthcare program and you have sole financial responsibility for all Non-Covered Services provided to you. You agree that your Payment Method will be charged for the Non-Covered Services in accordance with the payment schedule as set forth in your invoice. You are responsible for payment of Non-Covered Services at the time of the service. Your Payment Method will be charged the cost-share, deductible, co-pay, and/or co-insurance once your appointment is completed.

Disclaimer of Warranty; Limitation of Liability

By using the Service, you agree and represent to Protera Health that you have the power and legal authority to accept and agree to these Terms and Conditions on behalf of yourself, and that you own all of the legal rights to the information you provide and grant the rights and licenses granted herein; and all information that you provide to Protera Health or its employees and/or affiliates is accurate, complete, and true when provided.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PROTERA HEALTH AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF PROTERA HEALTH, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Adverse Technical Events

The transmission of information on this Website is beyond Protera Health's control. Accordingly, Protera Health assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Website or sites access through this Website.

Limitation on Use by Minors

The Service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Website. The Website is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Protera Health obtains actual knowledge that it has collected personal information through the Website from a person under eighteen (18) years of age, Protera Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Protera Health if they believe their personal information has been collected and/or displayed on the Website and request its removal and/or destruction.

Please note that Protera Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Protera Health to maintain the content or information; (2) when Protera Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Website by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Protera Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Website; and (6) when such user has received compensation or other consideration for providing the content or information.

The foregoing is not intended to be an admission that Protera Health is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Protera Health and its suppliers and their respective affiliates, employees, officers, directors, agents, and representatives of each from any third-party liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of these Terms and Conditions; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your posting of material to the Service; (iv) your misrepresentation, gross negligence or willful misconduct; and (v) your breach of federal, state, local, or other applicable laws or regulations.

Applicable Law

The Service is offered solely in the United States and may be accessed solely from the United States. You agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Service. Any dispute between Protera Health and you related to these Terms and Conditions shall be resolved exclusively in and by the state and federal courts of the State of Delaware.

Modification and Termination of the Protera Health Service

You may terminate your use of the Service at any time by not using the Service anymore. Protera Health reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that your conduct or your use of the Service violates applicable laws or is harmful to the interests of Protera Health, its clients or any other users, your abusive, harassing, threatening or otherwise inappropriate behavior, or illegal or inappropriate conduct, such as falsifying information to receive our Service. Protera Health also may place limits on, modify, suspend, or terminate the Service generally, as it deems appropriate or in response to a legal or regulatory change, and may suspend or terminate your use of the Service if you fail to comply with these Terms and Conditions. This suspension or termination may delete your information, files, and other previously available content. If Protera Health terminates the Service or your use of the Service, these Terms and Conditions will also terminate, but Sections 2, 4, 5, 10, 14, 15, 16, 17, 18 and 19 shall continue to be effective after your termination of use of the Service.

Arbitration

In the event of any dispute between you and Protera Health, you agree that such dispute shall be resolved through arbitration in Oakland County, Michigan by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.

General Legal Terms

If you have not signed a separate written agreement with Protera Health related to the Service, these Terms and Conditions, along, is the entire agreement between you and Protera Health related to the Service, replacing any prior agreements. If there is any conflict between these Terms and Conditions and a signed written agreement between you and Protera Health related to the Service, these Terms and Conditions will control. If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms and Conditions remain in full force, provided that the essential terms and conditions of these Terms and Conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions, without Our prior written consent. Protera Health may assign, transfer, or delegate Our rights and obligations under these Terms and Conditions, in whole or in part, in Our sole discretion. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

Contact Information

Protera Health is headquartered in Bloomfield Hills, Michigan in the United States of America.

Protera Health Medical Group, P.C., a Michigan professional corporation, and Protera Health Medical of Michigan, P.C., a Michigan professional corporation.

Protera Health, Inc. 43313 Woodward Ave #1174, Bloomfield Hills, MI 48302

Email: care@proterahealth.com

Last updated on March 12, 2024

Your privacy is important to us. Protera Health (“we,” “us,” and “our”) respects the privacy of every customer and we are committed to protecting your privacy. This Protera Health’s Privacy Policy (“Privacy Policy”) sets forth and describes the practices and policies that we will follow with respect to the privacy of the information of users of this site and our patient assessment and engagement services (collectively, the “Services”). “You”, “your”, or similar terms refer to you as a user or customer of the Services.

This policy applies to information we collect:

• Through the Services.
• Via email, text, or other electronic messages between you and any employee or agent of Protera Health.

As used in this Privacy Policy, the terms “using”, “processing”, and “analyzing” information may include, amongst other things, subjecting such information to analysis, using cookies or web beacons, and managing information in a number of ways, including but not limited to: collection, storing, evaluating/analyzing, modifying, deleting, using, combining, and/or disclosing.

Some of the individually identifiable information we collect may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time. PHI is subject to special protections under HIPAA. For more information about your rights under HIPAA, please refer to guidance provided by the U.S. Department of Health & Human Services. To the extent other state or local privacy and data protection laws apply to your data, we will comply with those requirements as well. Should you have any questions about this policy or our practices, please send an email us at care@proterahealth.com.

Telephone Consumer Protection Act

Protera Health may provide you with notices, including those related to your enrollment or use of the Services, including but not limited to by email, telephone call, SMS, MMS, text message, or other reasonable means now known or hereinafter developed. Please see the Terms of Service. By providing Protera Health with your telephone number, this gives Protera Health consent to send you text messages regarding your Services, or for other non-telemarketing purposes, made by an automatic telephone dialing system.

You understand that you may receive email as part of using the Services, and your email server may not guarantee encryption. If your email provider does not encrypt email, you accept the risk that some PHI could be acquired by someone else.

You understand that you may receive text messages (SMS) as part of using the Services, such as a reminder to complete a questionnaire. Cell phone providers do not guarantee encryption of SMS messages that are stored on your behalf. By using the Services you accept the risk that some PHI could be intercepted by someone else targeting your SMS communications or seen by individuals who have access to your mobile device.

Types of Information Collected

Protera Health collects the following types of information about our website users: automatically collected information and personal information.

Automatically collected information may include the name of the domain used to access the internet; an internet protocol (IP) address, which can reveal geographic information; the date and time of a website visit; URLS of pages visited on Protera Health’s website; if present and available, the internet address of the website visited before; and characteristics of devices (such as operating system, web browser, and screen resolution).

Personal information includes but is not limited to identifying information such as your name, e-mail address or other contact information, associated claims codes and your enrollment in a group health plan. Protera Health collects other personal information about you through the Services including when you voluntarily provide it to us. In connection with your use of the Services, we may also collect or access medical records from your past, current, and future health care providers. This may include information about your existing or past diagnoses, previous treatments, general health, laboratory or pathology test results and reports, social histories, family medical history, and records about phone calls or emails related to your health or test results. If you choose to go through our screening process and/or register for the Services we ask you to provide personal information, including but not limited to: your name, address, telephone number and/or email address, height, weight, and health information in connection with the use of our products or services. We also collect information that will allow you to establish a username and password. You may choose not to provide us with certain information, but that may result in our inability to provide you access to the Services.

How to Review and Change Your Personal Information

If you create a Protera Health account, you may review your personal information by visiting the Protera Health application and accessing the “Settings menu.” To change or remove any information, please contact us through the application, or at care@proterahealth.com.

How We Use and Disclose Information That We Collect Online

By using the Services you consent to and authorize Protera Health and its affiliates to disclose your eligibility for and participation in the Services among themselves and to others. In particular, these entities may be able to access a range of information about you, such as your first and last name, picture, and participation in Protera Health’s program.

How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the purposes for which we use the information we collect about you.

To provide and secure the Services and personalize your experience: We use information about you to provide the Services to you, including but not limited to:

• Help establish and verify the identity and eligibility of users;
• Open, maintain, administer, and manage profiles and accounts for registered users;
• Provide search results and notifications that are most relevant for you;
• Recommend Providers and Services that may be a good fit for you;
• Provide you with customized products, Services, content, offers, or materials;
• Provide, deliver, operate and maintain the Services and other products and services that you request, including those from our selected partners;
• Link or combine user information with other personal information;
• Respond to comments and questions and provide customer service or technical support;
• Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity;
• Ensure internal quality control and safety;
• Debug or identify and repair errors with the Services;
• Audit interactions, transactions and other compliance activities;
• Communicate with you about your account, including confirmations, notices, notifications, updates, security alerts, and support and administrative messages. If you are communicating with Protera Health about your care, these communications may contain medical information.

To protect our legitimate business interests and legal rights, such as to:

• Measure and understand engagement with the Services;
• Research and develop products, Services, marketing, or internal processes;
• Short-term, transient use, such as contextual customization of ads;
• Improve, repair, upgrade, or enhance the Services.

Understand and improve our Services:

• Enforce our agreements and policies;
• Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and prosecute those responsible for that activity;
• Ensure internal quality control and safety;
• Protect your safety or vital interests, or the safety or vital interests of others; and
• Comply with our legal obligations.

Advertising: With your consent as required by applicable law, we use information about how you have interacted with our corporate website (proterahealth.com) to target and serve personalized online ads to you.

With your consent: We may use information about you in other ways or for other purposes, where you have given us consent to do so for a specific purpose not listed above.

De-identified and Aggregated Information: We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, location information, information about the device from which you access the Services, or other data sets we may create. In some cases, we use aggregated, de-identified clinical data to provide our customers with insight into how their employees are using our Services.

Disclosure of Personal Information to Third Parties

We will not disclose any personal information about any of our users to any unaffiliated third-party (excluding our vendors or contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless: (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process, and/or (3) it is necessary to protect our property rights related to this website. We also may share aggregate, non-personal information about website usage with unaffiliated third parties, or via scientific research papers regarding our Services. This aggregate information does not contain any identified personal information about our users.

Your Health Care Providers

If your care provider is connected to our services, your Provider will have access to the personal information that you have provided through your completed intake form and initial assessment. If you switch Providers, we may disclose your personal information to your new Provider to facilitate a consistent care experience.

Your Privacy Choices and Rights

You have a number of choices you can make regarding your personal information, including as follows:

Email Communications. If you receive an unwanted email from us, you can email or reply directly to emails with the word “unsubscribe” to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and the Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

Text Messages. You may opt out of receiving text messages from us at anytime by contacting us at care@proterahealth.com.

In accordance with applicable law, you may have the right to:

Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or receiving a copy of your personal information; and (iii) asking us to send that information to another company (the “right of data portability”);

Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;

• Request Deletion of your personal information;
• Request Restriction of or Object to our processing of your personal information; and
• Withdraw your Consent to our processing of your personal information.

You may submit requests regarding your personal information by contacting us as described below. If you have such rights and your request complies with applicable legal requirements, we will give effect to your rights and respond within any mandatory timeframes as required by law.

Cookies and Web Beacons

Certain Protera Health websites, like many other commercial websites, may use standard technologies called “cookies” and “web beacons” to collect information about how our website is used. Cookies were designed to help a website operator determine that a particular user had visited the site previously and thus save and remember any preferences that may have been set. This information also allows us to statistically monitor how many people are using our website and for what purpose. We may also make use of “persistent” or “memory based” cookies, which remain on your computer’s hard drive until you delete them. You have the ability to modify your browser to either accept all cookies, notify you when a cookie is sent, or reject all cookies, but it may not be possible to utilize our Services if you reject all cookies.

Web beacons are small pieces of code (also called pixels) that are embedded on the pages of websites and that can report your visit or use to a third party. We use web beacons to collect automatic information about our visitors but not personal information. Protera Health may use these tools for the purposes of web analytics, marketing, and error management. You may modify your browser to prevent web beacons from collecting automatic information about you.

The information we collect through Automated Technologies may or may not contain Personal Information about you. This information helps us to improve our website or Services by enabling us to do things like estimate our audience size and usage patterns; store information about your preferences to customize our website according to your individual interests; speed up your searches; recognize you when you return; and to support the other activities described in this Privacy Policy, such as Advertising.

How We Protect Information Online

We exercise great care to protect your personal information through various administrative, technical and physical safeguards. This includes, among other things, using industry standard techniques such as firewalls, encryption, and intrusion detection for information stored on our systems. However, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or receive from us while that information is in transit. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us since email does not have the security features that are built into our websites.

In addition, we limit our employees’ and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to this information, and then may only access or use the minimum necessary for the task at hand. We educate our employees about the importance of maintaining confidentiality of user information.

We also periodically review our security arrangements and safeguards.

Children

The Protera Health websites and Services are not designed to be used by or intended to attract children under the age of 13. Individuals who we actually know are under the age of 13 will not be permitted to use the Protera Health websites and Services and we will not collect their personal information. If you are a parent or guardian and you are aware that your child who is under the age of 13 has provided us with identifiable personal data, please contact us. If we become aware that we have inadvertently collected data from children under the age of 13 without verification of parental consent, we will timely remove that information from our servers to the extent permissible by law.

Links to Other Websites

We want to provide website visitors valuable information, services, and products. Featured programs and other Protera Health website content may link our users to third-party websites. Protera Health does not control and is not responsible for privacy or security practices of any third party websites.

Do Not Track

Do Not Track is an optional setting that enables you to express your preferences regarding the collection of information about your online activities over time and across third-party websites. Your browser sends Do Not Track signals to the websites you visit expressing your preference not to be tracked. However, because there is no industry-standard approach to responding to Do Not Track signals, we do not process or respond to Do Not Track signals.

California Residents

If you are a California resident, California law provides you with additional rights regarding our collection, use, and disclosure of your personal information under the California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.), Shine the Light law (Cal. Civ. Code § 1798.83), and Do Not Track law (Cal. Bus. & Prof. Code BPC § 22575). Please note that the CCPA does not govern medical information or PHI that is collected by a covered entity or business associate that is governed by HIPAA.

Consent to Privacy Policy

​Please read this Privacy Policy carefully to understand our policies and practices regarding your Personal Information and how we will treat it, including the collection, use and disclosure of your Personal Information. By accessing or using our website and Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This Website Privacy Policy is written in the English language. We do not guarantee the accuracy of any translated versions of this Privacy Policy. To the extent that any translated versions of this Privacy Policy conflict with the English language version, the English language version of this Privacy Policy controls.

Last updated September 30, 2022

Questions? Contact Us

If you have questions or concerns about our Privacy Policy and privacy practices or the use of your information please contact us at care@proterahealth.com.

ALTERNATIVE CALIFORNIA LANGUAGE:

Supplemental Notice For California Residents

This Supplemental California Privacy Notice only applies to our processing of personal information about California individuals.

Do Not Track. We currently do not support the Do Not Track (“DNT”) browser setting or respond to DNT signals. DNTis a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you. For more details about DNT, including how to enable or disable this preference, visit https://termsfeed.com/do-not-track.

Submitting Requests to Know and Delete Personal Information. The CCPA gives California residents rights to request: (i) specific pieces of personal information we have collected about them; and (ii) the deletion of personal information that we collected from them. You may submit a verifiable consumer request to us for disclosure or deletion of personal information by clicking here or emailing us at the contact details above. We will process such requests in accordance with applicable laws.

Verification. To protect your and others’ privacy, we will take steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. We verify consumer requests by matching personal information that you provide with information in our possession, in order to confirm your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose.

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, Protera Health does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney under Probate Code sections 4000-4465 may submit a request on your behalf. To designate an authorized agent, please contact us as described below.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

Protera Health 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.

Protera Health is committed to protecting the privacy and security of our customers' data. To that end, we operate in compliance with all applicable privacy and data protection laws including the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of 2009 ("HITECH") and implementing regulations (“HIPAA”).

This Notice of Privacy Practices describes the practices that we will follow with respect to the privacy of the health information of users of this site and our mobile applications and related services (“Services”).

What Health Information We Collect

Protera Health takes the confidentiality of your health information seriously. In providing our Services, some of the information we collect may constitute protected health information (“PHI”) under HIPAA. PHI is personal (individually identifiable) information about you that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care, which is created, received, transmitted or maintained by Protera Health. This Notice of Privacy Practices describes how we protect the privacy of your protected health information as a user of our Services. As a provider of health services, Protera Health has certain obligations under HIPAA for maintaining the privacy and security of your PHI collected while performing our Services.

What Information We Disclose

When you use our Services, Protera Health may use and disclose your PHI for the purposes described below. These uses and disclosures do not require your prior authorization. You may revoke your authorization for us to use or share your health information at any time, except for uses or disclosures we have already made. Protera Health may use and disclose your health information for the following purposes:

Treatment:

We can use and share your health information with healthcare professionals to treat you.

Payment:

We may use and share your health information to obtain payment for our services. For example, we may disclose your PHI to your health plan to determine whether you are eligible for health benefits or to get payment for our services.

Business Associates:

From time to time, we work with other companies and individuals who help us deliver our services, known as “business associates.” These entities are required to keep any PHI confidential and store it securely. For example, we use business associates to help store the data that we collect.

De-identifiable and Aggregated Data:

We may use and disclose your PHI in a de-identified and aggregated manner to analyze our users’ experiences and help improve our services.

Research:

We can use or share your information for health research as authorized by law.

As Required by Law:

We may use or disclose your PHI if state or federal laws require it.

Public Health and Safety

We may use and disclose your PHI to prevent or minimize a serious threat to your health and safety or that of another person, or as requested by an authorized public health authority for any other public safety reason. We may also disclose PHI to those assisting in disaster relief efforts so that others can be notified about your condition, status and location.

Law Enforcement Activities

We may also provide PHI to law enforcement officials, for example, in response to a warrant, investigative demand or similar legal process, or for officials to identify or locate a suspect, fugitive, material witness, or missing person. We may also disclose PHI to appropriate agencies if we reasonably believe an individual to be a victim of abuse, neglect or domestic violence, and for any other reason required by applicable law.

Legal Proceedings

We may disclose PHI to respond to a court or administrative order, or in response to a warrant, investigation demand or other legal process.

We may also use and disclose your PHI for other purposes as permitted by HIPAA.

Note Regarding State Law

Where state law is more restrictive of disclosure than federal law, we are required to follow the more restrictive state law.

Notice Regarding Technology

We may use electronic software, services, and equipment, including without limitation email, video conferencing technology, cloud storage and servers, internet communication, cellular network, voicemail, facsimile, electronic health record, and related technology to share PHI with you or third-parties subject to the rights and restrictions contained herein. In any event, certain unencrypted storage, forwarding, communications and transfers may not be confidential. We will take measures to safeguard the data transmitted, as well as ensure its integrity against intentional or unintentional breach or corruption. However, in very rare circumstances security protocols could fail, causing a breach of privacy or PHI. In the unlikely event that happens, we will take immediate steps to stop further breach of information and promptly notify you if your information is impacted.

Your Rights

As a user of Protera Health’s services, you have rights with respect to your health information:

• Right to Inspect and Obtain a copy of PHI: You have a right to inspect and obtain a copy of your protected health information we maintain.
• Right to Request Restrictions: You may request that we limit what information we use or share. We will notify you whether we can agree to your request. If you pay for a service or health care item out of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. ‍
• Right to Request Alternative Means of Confidential Communication: You have the right to request that copies of your medical information be provided by alternative means. ‍
• Right to Request Corrections: You have a right to request that we correct your protected health information that you think is incorrect or incomplete. ‍
• Right to Obtain a Paper Copy of this Notice: You have the right to obtain a paper copy of this notice upon request at the address below.‍
• Right to File a Complaint: You may file a complaint with us if you believe your Privacy Rights have been violated. To file a complaint, or to ask any questions about this Notice of Privacy Practices, send an email to us at care@proterahealth.com.
• You also have the right to file a complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights.

Our Responsibilities

• We are required by law to maintain the privacy and security of your protected health information.
• We will not use or disclose your PHI for marketing purposes or to sell your PHI, unless you have agreed to this use or disclosure, although we may use your PHI to keep you informed of services we offer.
• We must follow the duties and privacy practices described in this notice and provide you with a copy of it.
• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

Changes to the Terms of this Notice

From time to time, we may change this privacy statement, which is applicable to all PHI we maintain about you. For example, as we update and improve our services, new features may require modifications to the privacy statement. The new notice will be available on our website. Accordingly, please check back periodically.

Last updated on April 18, 2025