Privacy Policy

This website (“Site”) is owned by Set Physical Therapy Holdings, LLC, doing business as Set Physical Therapy (“Company”, “we”, “us”, “our”).

This Privacy Policy describes how we collect, use, process and distribute your information, including “Personal Information” (defined below) used to access this Site.  Some online purchases and services may have additional terms of use relating to that transaction.  

This Privacy Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute.  By using our Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.

Please read this Privacy Policy and any other Privacy Policies referenced herein carefully.  Use of any personal information or contribution you provide to us which is collected by us on or through our Site is governed by this Privacy Policy.  By using our Site, you consent to the terms of this Privacy Policy whether you have read it or not.

Minors

If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not purchase our Content or provide us with any personal information and do not use this website without supervision of a parent or guardian.  By using our Site and Content, you are attesting that you are at least 18 years old or have the consent of a parent or guardian to access and use our Content. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@setptusa.com.

Personal Information We Collect

“Personal Information” is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. In general, you can visit our site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may seek information from you, such as name, email address, and phone number. It is our intent to let you know before we collect such personal information from you and to obtain your consent where required.

When you interact with our Site, we may ask for the following personal information directly from you:

  • Contact Information allows us to communicate with you, including delivering our e-newsletter to you, and generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers.  
  • Payment Information needed to process payments, such as your credit or debit card number, expiration date, and card verification number when you purchase products and/or services from us.
  • Transaction Information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business affiliates, and service providers.
  • Geographic Location Information but only if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service.
    • Survey Data for functionality of certain services, which generally includes survey data (questions and responses).
  • Medical Information for functionality of certain services to connect you with your healthcare provider, and may include your medical history, present symptoms, future conditions or treatments, insurance carrier and plan, and any other medical and health information you choose to share with us. (Please see the section titled “HIPAA” below for more information about how your protected health information is collected, used, and disclosed.)  If we collect protected health information, it is through our HIPAA compliant electronic medical records (EMR) platform.   
  • Appointment Information to schedule an appointment using our online appointment request service including any health or related information that you choose to share with us through free form text boxes.

Your Submissions help us with administration of our sites and services and includes any information you voluntarily provide, generally through free form text boxes, forums, uploading a document or authorizing us to retrieve and import information from another user or third party on your behalf.  In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it.  You may opt-out or request for us to delete your Personal Information by contacting us at info@setptusa.com.

Other Anonymous Information We Automatically Collect 

We may also collect certain technical information when you use our Site. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the Site and other software or hardware information. If you access our Site from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it.

In addition, we may collect information about how you use our Site, such as the date and time you visit the site, the areas or pages of the site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site, visits to sites outside our network, and other click-stream data. 

Cookies

We use cookies and other tracking technologies, which may include but not be limited to browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology to:

  • recognize your device in order to provide you with a personalized experience,
  • improve security,
  • provide social media features,
  • analyze traffic to the Site,
  • attribute visits to our Site to third-party sources,
  • customize content delivered to you, and

We may share information about your use of our Site with our trusted social media, advertising and analytics partners.  Most browsers are initially set up to accept cookies. By visiting our Site, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.  

How We Use Personal Information

The information gathered from your use of our Site or provided by you voluntarily may be used to:

  • Provide you with information about products, services, news and events.
  • Allow you to use, purchase, and/or download products and services.
  • Analyze use of our services and products, develop new services and products and customize our products, services, and other information we make available.
  • Send you important notices, such as communications about changes to your account, and our sites and services terms, conditions, or policies.
  • Solicit input and feedback to improve our sites and services and customize your user experience.
  • Contact you via email, telephone, text or chat in a manner allowed by law.
  • Meet our contractual obligations to you.
  • Send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins.
  • Inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our site, email messages, text messages, applications, or other methods of communication.
  • Administer surveys, giveaways, contests, or similar promotions or events sponsored by us or our affiliates.
  • Prevent fraud or potentially illegal activities, enforce our sites’ terms of use, or to comply with applicable law
  • Help you schedule an appointment with us and remind you of upcoming or follow-up appointments.
  • Perform services in conjunction with interactive tools, such as integrating practice management systems, making a referral or providing you access to our patient portal.
  • To use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.
  • To run social media advertisements.
Personal Data and Information Third Parties collect automatically

Third-Party Cookies for Site Use Analysis. We use third parties such as Google to help us analyze how people are using our Service. We also use the Google Analytics service to provide us with demographic data about our Users, such as age and gender. Google uses a cookie that can be recognized by Google or its affiliate DoubleClick when you visit other websites. For more information about how Google collects, uses, and shares your information, please visit the Google Privacy Policy-Partners website at https://www.google.com/policies/privacy/partners/. 

In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information or with your consent. 

Sharing Personal Information

We may share personal information about you with those third parties in the following circumstances:

    • When we engage third parties (also referred to as “affiliates”) to perform services on our behalf, including maintenance services, hosting, data storage, scheduling, security, analytics and data analysis, payment processing, email and text message distribution, customer service, providing certain interactive tools, providing a patient portal, and conducting surveys.  
    • To satisfy any applicable laws or regulations.
    • For any purpose outlined in our HIPAA Notice of Privacy Practices (available at the link on our website).
    • To defend ourselves in litigation or a regulatory action.
    • To protect the rights or property of Company and our affiliates including to enforce our Site’s Terms of Use.
    • When we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant).
    • When we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management.
    • When we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
    • We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent. 
  • In addition, information about our users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of our business assets.
Use of Voice (Audio) and Image (Still and Video)

We may use video/audio conferencing software and record certain educational programs.  If you choose to participate, you will appear/be heard in the recording of that event. If you do not want to appear or be heard then it is your responsibility to turn off your video and audio for the duration of the event. If you choose to participate with your audio and video you agree to the following terms:

  • As part of the course and online interaction, your voice and image may be used as part of the normal function of the course. By participating in the program, you give us the right to photograph, record by audio, visual and/or any other means and in any form of media now known or hereafter developed your name, image, voice, and/or any presentation, program, statement, performance, or other appearance involving you.
  • By using our Site and Program, you agree to grant a worldwide, royalty-free and non-exclusive license to us to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your Image in Media for such purposes as we deem appropriate, including but not limited to archival, educational, promotional, commercial, private, or public purposes. You agree to waive the right to inspect or approve any materials incorporating your voice/image, as well as your right to royalties or other compensation for the creation, copying, distribution, publication and/or other use. You also agree to release us from any claims and/or liabilities arising out of or in connection with the use of your voice/image, including but not limited to defamation, right of privacy, right of publicity, and copyright claims.
Data Retention

We will retain the Personal Information you enter through our Site for the amount of time necessary to provide you with the information and/or services you request from us, to meet the purposes for collecting the information as described above or pursuant to any other applicable state and federal laws.  

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites.  Our Site may link to other sites or services operated by our affiliates or third parties, such as our payment processing and education platform vendor, if any.  We may also link to sites that may carry advertisements or offer products, services, newsletters or other content developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our Site via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that we link to a site or present a banner ad or other type of advertisement is not an endorsement of the site, its products and services or their privacy or information security policies or practices.  We are not responsible for the content or practices of third-party websites that may be linked to the Site. We are also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.  

Social Media.  We may also provide social media features on our Site that enable you to share personal information with your social network(s) and to interact with our Site. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.  

Contact Page.  Our website allows you to send messages to us through our Site.  You should be aware that if you initiate contact with us through our Contact page, you are accepting the inherent risks that email correspondence poses related to privacy and security and giving us permission to use your personal information to respond to you.  We recommend, therefore, that you only provide as much personal information as necessary to describe why you are contacting us.  

Scheduling through our Site.  When you click the link to schedule through our site, you will send us a message that goes through our email server.  When we receive your message, we will contact you by phone (or email if you direct us to communicate that way) to schedule your appointment.  Email can be inherently insecure, so you should know that your personal information could be at risk if you schedule with this option. As such, we recommend that you limit the information you send in your scheduling request.   If you choose to schedule with us using this option, you agree to accept the risk that your scheduling message could be intercepted by an unauthorized party and agree that we are not liable if that occurs.

HIPAA

When you receive health care services (physical therapy) from us, the collection, transmission and storage of protected health information (“PHI”) is subject to special rules under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”. Our use and disclosure of your PHI or a healthcare providers data that you or the healthcare provider submits with certain sites and services, is governed by HIPAA.  Please see our Notice of Privacy Practices at [insert URL for your Privacy Policy once the page is set up] for information on how your protected health information may be used and disclosed outside the scope of your contact with our website.  

When we collect PHI from you as a patient, we use a HIPAA compliant electronic medical record vendor called IntakeQ, Inc.  (“IntakeQ”)  All information you submit to us through electronic clinical intake forms is maintained on IntakeQ’s servers.  IntakeQ is responsible for maintaining the security of your PHI on their servers. You can read their privacy policy at https://intakeq.com/privacy and their Terms policy at https://intakeq.com/terms.  We are not responsible for the data maintained on Intake Q’s servers.  

Security/How Your Personally Identifiable Information Is Protected

Security for all personally identifiable information is extremely important to us. We take reasonable steps to protect the Personal Information you provide to us from misuse, disclosure and unauthorized access.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk. Should we be made aware of a data breach, we will inform you in accordance with applicable laws.  You are ultimately responsible for maintaining the secrecy for all your personal information, including your protected health information. Except for our duties as a Covered Entity as provided under HIPAA, we have no responsibility or liability to anyone for the security of your personal or protected health information transmitted via the Internet.

Your Access To and Control Over Your Personal Information

User Names and Passwords.  If you purchase a membership or content that requires you to have a username and password, this section applies to you.  You control the safety and security of your own username and password.  Under our Terms of Use, you are required to keep your log-on information confidential and are prohibited from sharing it with others. When you enter a section of our website that requires you to log-on, you should log-out when you leave the Site.  As a safety precaution, you should also close out of your web browser and completely re-open it before viewing other parts of the internet.

Your Account.  Users may contact Company to review the personally identifiable information that Company has collected about you or to request correction, modification or deletion of your Personal Information.  We will do our best to respond to your request, subject to any legal or contractual obligations.  To make a request, cancel your account or request that we delete or no longer use your account information provided through our Site, contact us at info@setptusa.com or at the address in the Notice section of this Privacy Policy.  Subject to applicable law, we will retain and use your account information only as long as necessary to provide requested services to you, comply with our legal obligations, resolve disputes, and enforce our agreements. 

Unsubscribe/Opt-Out. The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. To ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at info@setptusa.com, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.  Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us.

Opting Out of Transactional or Relationship Communications.  Communications that are sent by us, such as appointment requests, reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates and are often transactional or relationship messages. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.  Please contact us at info@setptusa.com if you wish to modify the delivery of any of these transactional/relationship messages.

Third Party Analytics Services. Some of the services used provide the ability to opt-out.  

You may opt out of Google Analytics’ services using the Opt-Out feature on their website. The Google Analytics service is provided by Google, Inc. You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptout.  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://www.google.com/policies/privacy. 

Additional Rights. Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority.

Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want information confirming how Company does shares your personally identifiable information with third parties for their direct marketing purposes, you may contact us at info@setptusa.com with the words “California Privacy” in the subject line of your email.

Opting Out of Transactional or Relationship Communications.  Communications that are sent by us, such as appointment requests, reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates and are often transactional or relationship messages. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.  Please contact us at info@setptusa.com if you wish to modify the delivery of any of these transactional/relationship messages.

Do Not Track

We do not currently actively respond to “Do Not Track” browser signals or mechanisms that indicate a request to disable online tracking of individual users who use our sites and services.

Transfer of Information Across National Borders: Our Site and various information we collect may be operated on servers located in and outside of the United States.  When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard as if it was being housed in the United States. 

Data Controller and Processors

We are the data controllers for the Personal Data we collect.  We use reasonable efforts to make sure our data processors are GDPR-compliant.  We may use trusted third parties as our processors for payments, email marketing, and delivery of some of our products and services.  Please note that third parties who provide and/or publish content on our Site shall be deemed the data controllers for any personal data contained in the content uploaded to that third-party’s website and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third-Party Content.

Anti-Spam Policy

We have a no spam policy and make every effort to comply with the CAN-SPAM Act of 2003.  If you wish to opt-out of receiving any communications from us, please see the “Unsubscribe” section of this policy.

Dispute Resolution and Arbitration

If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules.  Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of our Site, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever.  You also agree that arbitration shall be held in Dekalb County, GA.  

No Class or Representative Proceedings: Class Action Waiver

YOU AGREE THAT CLAIMS AGAINST US MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Governing Law

This Privacy Policy, Company’s Terms and Conditions and any additional agreements applicable to certain services and/or products shall be construed according to the laws of GA.  

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please email us at: info@setptusa.com

Via regular mail:

Set Physical Therapy
Attn:  Stacy Hund
1194 East Rock Springs Rd NE
Atlanta, GA 30306

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at the same email and address as above.  

Changes to This Policy

This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Last Updated: 6/1/2021