ChildNEXUS - Privacy

Last Updated: 04/25/2020

ChildNEXUS® Privacy Policy and Cookie Statement

Summary

Welcome. We respect your privacy and want to protect your personal information.

This Privacy Policy and Cookie Statement explains how information about you is collected through the website (the “Site”), mobile application, electronic devices, and all other interactive services we provide (hereinafter the “Services”). This Privacy Policy describes how the information collected about you is used and shared by West LA Neuropsychology, P.C. (d.b.a. ChildNEXUS) (“ChildNEXUS”, “Company”, “we”, “us”, or “our”), and the privacy choices we offer. For the purposes of this Privacy Policy, if you register to use the Services as a parent, you will be referred as a “Parent User”, and if you register to use the services as a healthcare provider, you will be referred to as a “Healthcare Provider”.

PLEASE READ CAREFULLY PRIOR TO USING OUR SERVICES. BY ACCESSING AND USING OUR SERVICES, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO ABIDE TO THIS PRIVACY POLICY AND THE COMPANY’S TERMS OF USE AND PROFESSIONAL MEMBERSHIP TERMS OF SERVICE (“MEMBERSHIP TERMS”),. IF YOU DO NOT AGREE TO ABIDE TO COMPANY’S TERMS OF USE OR THE MEMBERSHIP TERMS AND THIS PRIVACY POLICY, YOU MAY NOT ENTER, ACCESS, OR OTHERWISE USE OUR SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD), YOU REPRESENT TO US THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL TO ACCEPT THIS PRIVACY POLICY AND YOU DO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S BEHALF.

Please be aware that we are not responsible for the privacy practices of any third parties. This Privacy Policy is only applicable to the personal information you make available to us by using the Services, and not applicable to any other websites that you may be able to access from the Services via links, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

We may change this Privacy Policy from time to time. We encourage you to review this the Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will provide prominent notice as appropriate under the circumstances, such as posting a notice on the Site or sending you an email. If you do not agree to future changes, you must stop using the Site and Services after such changes are made. Otherwise, your continued use of the Site and Services is an acceptance of the amended Privacy Policy. If you have an account with us and you wish to terminate the account and discontinue use, you may do so by emailing us at admin@childnexus.com.

Collection of Information

We collect the following types of information:

Personal Information Generally
Some information is required to ensure you have the best experience with our Services. When you register for our Services, we may ask that you voluntarily provide us with certain personal information that may identify you or can be used to identify you (“Personal Information”), including name and email address. Your decision to provide us with information is voluntary, but if you choose not to provide any requested information, you may not be able to take advantage of all of the Site’s features or our Services.
Additional Personal information
To utilize other areas of our Services, you may choose to provide us with additional information, such as: (1) demographic data (such as date of birth, gender); (2) your schedule and other information if you use some of our Services, including the scheduling Service; and (3) other information you voluntarily provide to us or post on our Services.
Billing and Payment Information
When you make a payment through our Services for a ChildNEXUS Consultation, your payment card information is processed by our payment processing partner, such as Authorize.Net. Our payment processing partner collects your voluntarily provided payment card information necessary to process your payment. Such partner’s use and storage of information it collects is governed by its applicable terms of service and privacy policy.
Information We Collect Automatically
When you use or access our Services, we may automatically collect non-personal information (“Non-Personal Information”) including but not limited to: (1) the type of browser you use, (2) access times, (3) pages viewed, (4) search terms, (5) your IP address, (6) the page you visited before navigating to our Services, (7) geolocation information, (8) device used, including hardware model, operating system, mobile network information, and device identifiers, and (9) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Usage Data”). If you no longer wish for us or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions. Please note that if you disable such features, your ability to access certain features, Services, content, promotions, or products may be limited or disabled.

We Do Not Collect Personal Health Information

ChildNEXUS does not collect any personal health information from users or providers. ChildNEXUS is not a Covered Entity (or “CE”) as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and its related regulations set forth in Parts 160, 162, and 164 of Title 45 of the Code of Federal Regulations (collectively, “HIPAA”). We do not purposefully collect or store “protected health information” (“PHI”), as defined in HIPAA (45 C.F.R. § 160.103).

Please do not send PHI to us or post or display PHI anywhere on the Services. Sending, submitting, posting or otherwise providing to us, or uploading, storing, or otherwise transferring to the Site, any PHI (or other personally identifying information for any individuals from which the PHI is derived), including “individually identifiable information”, as defined in HIPAA, and “personal data”, as defined in the European General Data Protection Regulation, California Consumer Privacy Act or other applicable laws, is strictly prohibited and we disclaim all responsibility or liability with respect to any such information.

By using the Services, you agree to indemnify and hold us harmless against any Losses (as defined below) which results from or arise out of any claim asserted against or sought from any party arising from or relating to your uploading, storing, or transferring of PHI or related information using the Services or otherwise providing such information to us in connection with the Services. As used herein, “Loss” means any financial loss, damage, injury, penalty, sanction, judgment, fine, liability, cost, expense and fee (including reasonable attorneys' fees, expert witness fees, investigator fees, court costs, costs and fees associated with arbitration or mediation).

How We Use Your Information

We will never sell your personal information to third parties.

We may use both Personal and Non-Personal Information about you for various purposes, including to:

Provide, maintain, and improve our Services;
Register and service your account and profile;

Help communicate with you and facilitate communication between you, other registered users, and Healthcare Providers;
Respond to your comments, questions, requests, or respond to any solicitations or input from you;
Enable us to provide a safer community for all Parent Users and Healthcare Providers;
Enable Parent Users and Healthcare Providers to search each other based on the information the other has made available on the Site;
Verify information you provide us as well as the representations and warranties you make to us in the Terms of Use or on the Site.
For the purposes for which you provided the information;
To send you information about your relationship or transactions with us;
To customize and tailor your experience with the Services, including notifying you about certain resources, communications, or, if you are a Parent User, to notify you of Healthcare Providers we think you may be interested in learning more about;
To contact you when necessary or requested, including to remind you of an upcoming appointment;
To send emails and other communications that display content that we think will interest you and according to your preferences; To track and analyze trends and usage in connection with our Services;
To combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;
To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities; To enforce the legal terms that govern your use of the Services;
To protect our rights or property; and
For any other purpose disclosed to you in connection with our Services.

Cookie Statement

We may use various methods and technologies to store or collect Usage Data (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your mobile phone, laptop or desktop computer or other similar device. A few of the Tracking Technologies which may be used on the Site), include, but are not limited to, the following (as well as future-developed tracking technology or methods that are not listed here):

A cookie is a file placed on a device to uniquely identify your browser or to store information on your device.
Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site’s pages and messages.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
Browser Fingerprinting. Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We may use Tracking Technologies for a variety of purposes, including:

To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality;
To assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
To offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
To deliver content relevant to your interests on our Site and third party sites based on how you interact with our content.

Types of cookies used:

First party- We use only session cookies on the Site to verify your identity and authenticate your visit to the Site. A session cookie is a cookie which lasts only as long as you are on the Site and is not retained by us after you leave the browsing session.

Third party cookies: Other third parties may place cookies on your browser if you access them from our Site, but we are not responsible for any third-party sites accessed by you using the Site.

Controlling your cookies:

You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then can accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers.

You can opt in or out of cookies at any time – except strictly necessary cookies (these are used to help make our website work efficiently

You can enable or disable cookies in your browser. If you wish to restrict or block the cookies set by any website – including the ChildNEXUS.com website – you can do this through the web browser settings for each web browser you use, on each device you use to access the internet.

Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at allaboutcookies.org

Some services may not function or may have more limited functionality if your web browser does not accept cookies. However, you can allow cookies from specific websites by making them ‘trusted websites’ in your web browser.

If we send an email which contains cookies and you don't wish to accept cookies from one of our emails, you can choose not to download any images or click on any links. You can also set your browser to restrict cookies or to reject them entirely. These settings will apply to all cookies, whether included on websites or in emails. Depending on your email or browser settings, cookies in an email may sometimes be automatically accepted (for example, when you’ve added an email address to your address book or safe senders list). For more information, refer to your email browser or device instructions.

Sharing of Information

We may share personal information that we collect about you as follows or as otherwise described in this Privacy Policy:

Sharing with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf;
Sharing in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of our business (but only under non-disclosure and confidentiality agreements and protections);
Sharing health information with health oversight agencies for activities authorized by law;
Sharing if disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable the Terms of Use or other user agreements or policies; to protect the security or integrity of our website, mobile application or Services; and to protect us, our users or the public from harm or illegal activities;

and

With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated, non-personally identifiable information with third parties.

Access to and Control Over Your Information

If you are a Parent User or Healthcare Provider, you may review and update your user profile information by logging into the relevant portions of the Services where such information may be updated or by contacting us at admin@childnexus.com. You can see an electronic copy of information we have about you on your user account. If you would like a paper copy you can print your account page through your browser.

If you wish to close your account, please email us at admin@childnexus.com. We will delete your account and the related information at your request as soon as reasonably possible. Please note, however, that we reserve the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Terms of Use, and take other actions permitted by law.

Please notify us promptly if any of your account data is lost, stolen or used without permission.

Children’s Privacy

ChildNEXUS recognizes the importance of children’s safety and privacy. The Site is not designed to attract children and is not intended for use by any children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. If you are the parent or guardian of a child under 13 who has provided her or his information to us, please contact us at admin@childnexus.com to request the deletion of that information.

Your California Privacy Rights

This Privacy Notice is for California residents and applies solely to all visitors, users, and others who reside in the State of California (“Consumers”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Section.

ChildNEXUS collects certain types of personal information about you during your relationship with ChildNEXUS as a Parent User or Healthcare Provider or visitor. In particular, our Site has collected the following categories of Personal Information from its consumers within the last twelve (12) months:

CategoryCollected

A. Identifiers	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	YES
C. Protected classification characteristics under California or federal law	NO
D. Commercial information.	YES
E. Biometric information.	NO
F. Internet or other similar network activity.	YES
G. Geolocation data	YES
H. Sensory data.	NO
I. Professional or employment-related information.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	NO
K. Inferences drawn from other personal information.	NO

For purposes of the CCPA, Personal information does not include:

Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Under California law, if you are a resident of California, under certain circumstances, you have the right to request certain information that we collect about you, including:

(1) The categories of Personal Information we have collected from you;
(2) The categories of sources from which we collected the Personal Information;
(3) The business purpose we have for collecting or sharing that Personal Information;
(4) The categories of third parties with whom we share such Personal Information; and
(5) The specific pieces of Personal Information we have collected about you.

In addition, you may request that we provide you with:

(1) The categories of Personal Information that we sold about you, and the categories of third parties to whom the personal information was sold, by category or categories of Personal Information for each category of third parties to whom the information was sold;
(2) The categories of Personal Information that we have disclosed about you for a business purpose;
(3) The category or categories of consumers’ Personal Information that we have sold, or if we have not sold consumers’ Personal Information; and
(4) The category or categories of consumers’ Personal Information that we have disclosed for a business purpose, or if we have not disclosed that information for a business purpose.

Please note that if we collected information about you for a single one-time transaction and do not keep that information in the ordinary course of business, that information will not be retained for purposes of a request under this section. In addition, if we have de-identified or anonymized data about you, we are not required to re-identify or otherwise link your identity to that data if it is not otherwise maintained that way in our records.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Do Not Sell My Personal Information

As a California resident, you also have the right, at any time, to tell us not to sell Personal Information – this is called the “right to opt-out” of the sale of Personal Information. As stated previously, we do not sell your Personal Information.

You may make a written request to us to request this information. We may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request twice a year. You may call, email or write us with your request at the contact information below. Please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident by including a California postal address in your request. We will respond to your request within 45 days or let you know if we need additional time.

Attention: Privacy Officer
11340 W. Olympic Blvd., Suite-381
Los Angeles, CA 90064
Phone: (310) 208-9105

Your Nevada Privacy Rights

If you are a Nevada resident, you have the right to request certain information from us regarding the collection and sale of your personal information (as defined in Nevada Revised Statutes 603A.320) during your visit to our websites or when you otherwise interact with us online. If you have sought or acquired, by purchase or lease, any goods or services for personal, family, or household purposes from the ChildNEXUS Site(s), you may ask us to disclose whether we have sold (for monetary consideration) certain information about you (including your first and last name, physical address, email address, telephone number, social security number, an identifier that allows you to be contacted either physically or online, or other contact information that allows us to identify you personally).

As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry, please submit a request in writing to admin@ChildNEXUS.com with “Nevada Privacy Rights” in the subject line. You must include your full name, email address, and attest that you are a Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting information and/or opting out.

We will process your request within 60 days, or we will let you know if we need additional time. We may require additional information to verify your identity before we can respond.

Do Not Track Disclosures

Do Not Track (“DNT”) is a web browser setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter while browsing to stop tracking your activity. Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals), but there is no universally-agreed upon standard for what a company should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. You can learn more about Do Not Track here. https://allaboutdnt.com.

Visitors to the Site Outside of the United States

Our Site(s) is not intended for visitors outside of the United States. If you are visiting the Site from a location outside of the U.S., your connection will be through and to servers located in the U.S. All information you receive from the Site will be created on servers located in the U.S., and all information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.

Transfer of Information

Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ChildNEXUS will take all the steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information, including data processing agreements (“DPAs”) incorporating Standard Contractual Clauses, where necessary.

Your Data Protection Rights Under the General Data Protection Regulation (GDPR)

If you are a resident of or located within the European Union (“EU”) or European Economic Area (“EEA”), you have certain additional data protection rights. These rights include:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Information.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where ChildNEXUS relied on your consent to process your personal information.
The right to have your data held in the EU or transferred to another jurisdiction only under specified circumstances and with assurance of adequate protection of your information.

Legal Basis for Processing Personal Information Under GDPR

ChildNEXUS’s legal basis for collecting and using the Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

ChildNEXUS may process your Personal Information because:

We need to perform a contract with you;
You have given us permission to do so;
The processing is in our legitimate interests and it is not overridden by your rights; or
To comply with the law.

Retention of Information under GDPR

ChildNEXUS will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

ChildNEXUS will also retain Usage Data for internal analysis purposes. Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site or we are legally obligated to retain this data for longer periods.

Disclosure of Personal Information Under GDPR-Legal Requirements

ChildNEXUS may disclose your Personal Information in the good faith belief that such action is necessary to:

To comply with a legal obligation;
To protect and defend the rights or property of ChildNEXUS;
To prevent or investigate possible wrongdoing in connection with the Service;
To protect the personal safety of users of the Service or the public; and
To protect against legal liability.

Disclosure for Law Enforcement – Under certain circumstances, ChildNEXUS may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Storage and Security of Information

We take security of your Personal Information very seriously, and we make a good faith to securely store your Personal Information and ensure this information is not open to the public. However, we cannot guarantee the security of your Personal Information. If at any time during or after our relationship we believe that the security of your Personal Information may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us in your account profile. Please keep your e-mail address in your account up to date. You can update that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at admin@childnexus.com. Please include your address when you submit your request. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Information.

Links to Other Websites

The Services contain links to or embedded content from third party websites, including websites of Healthcare Providers or Social Media websites. A link to or embedded content from a non-ChildNEXUS website does not mean that we endorse that website, the quality or accuracy of information presented on such website or the persons or entities associated with such website. If you decide to visit a third-party website, you are subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party website. We encourage you to ask questions before you disclose your information to others.

You may have arrived at the Services from, or began your use of the Services at, a third party website, including a third party website that links to the Site or embeds ChildNEXUS content. The presence of such links or content on third party websites does not mean that we endorse that website, the quality or accuracy of information presented on the non-ChildNEXUS website or the persons or entities associated with the non-ChildNEXUS website. You may be subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party websites. In addition, the policies and practices of third parties do not apply to your information, including Personal Information, obtained pursuant to this Privacy Policy.

Updates and Changes to Our Privacy Policy

The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

Questions and Contact Information

If you have any comments, concerns or questions about this Privacy Policy, please contact us at admin@childnexus.com or at:

ChildNEXUS®
Attention: Privacy Officer
11340 W. Olympic Blvd., Suite-381
Los Angeles, CA 90064
Phone: (310) 208-9105
Fax: (310) 943-2690