Privacy Policy and Terms and Conditions

Last Updated: May, 2025

Introduction

HCMD Group MSO LLC and HealthClinicMD P.C. (collectively, “HealthClinicMD,” “we,” or “us”) own and operate the website located at www.healthclinicmd.com and a HIPAA-compliant electronic health record (EHR) system (collectively, the “Platform”). HCMD Group MSO LLC provides management services to HealthClinicMD P.C., which delivers telemedicine services for wellness. Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by HealthClinicMD, and any affiliated website or software owned or operated by HealthClinicMD (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy and Terms and Conditions (collectively, this “Agreement”) unless specifically stated otherwise.

This Agreement consists of two main sections:

  • Privacy Policy: Describes how HealthClinicMD collects, uses, and discloses your information.
  • Terms and Conditions: Governs your use of the Service, including subscription fees, service descriptions, and other legal terms.

By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you acknowledge and agree to the most recent version of this Agreement. We will update this Agreement when necessary to reflect material changes in the Service or how we use personal information, and as required by applicable law. If we make material changes, we will post the revised Agreement and update the “Last updated” date at the top. For material changes to the Privacy Policy, we will provide notice or obtain consent as required by law.

If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on their behalf and that such individual acknowledges the practices and policies outlined in this Agreement.

Privacy Policy

Scope and Applicability

This Privacy Policy applies to all personal information collected through the Service, except for “protected health information” (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which is governed by HealthClinicMD P.C.’s Notice of Privacy Practices. HealthClinicMD P.C. is a “covered entity” under HIPAA, and HCMD Group MSO LLC acts as a “business associate” for HealthClinicMD P.C., handling PHI in compliance with HIPAA regulations through a HIPAA-compliant EHR system.

Limitations on Use by Minors

The Service is intended solely for individuals who are at least eighteen (18) years of age. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under eighteen (18) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Protected Information

When you set up an account with HealthClinicMD, you provide information such as your name, email address, phone number, and payment information, which we do not consider to be “protected health information” or “medical information.” However, when using the Service for telemedicine consultations, you may provide health or medical information that is protected under HIPAA or applicable state laws (collectively, “Protected Information”). Protected Information is stored in our HIPAA-compliant EHR system and used or disclosed only in accordance with HIPAA and applicable laws. Any information that does not constitute Protected Information may be used or disclosed as permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

By accessing or using any part of the Service, you acknowledge receipt of HealthClinicMD P.C.’s Notice of Privacy Practices, which describes how Protected Information is used and disclosed. Information provided to register an account (e.g., name, date of birth, email address, phone number) is not considered Protected Information.

Collection of Personal Information

We collect personal information based on how you interact with the Service. Information is collected from the following sources:

Information You Provide Directly

  • Name and contact information: Your name, email address, phone number, and billing address.
  • Demographic data: Your date of birth and zip code.
  • Payment information: Credit card number, financial account information, or other payment details processed through our EHR system.
  • Content and communications: Messages, documents, or other files you upload or send to us via the Service.
  • Sensitive personal information:
    • Government ID: Driver’s license, passport number, or social security number (if required for identity verification).
    • Account access information: Username, password, or other credentials for account access.
    • Health data: Information concerning your health, provided during telemedicine consultations or stored in our EHR system.

Information We Collect Automatically

  • Identifiers and device information: Internet Protocol (IP) address, device identifiers (e.g., MAC address), device type, operating system, browser type, and settings.
  • Geolocation data: General location data (e.g., city, state) inferred from your IP address, depending on your device settings.
  • Usage data: Activity on our website, such as pages viewed, time spent on pages, and access times.

Information We Create or Generate

  • Inferences: Information about your likely preferences or characteristics, such as general geographic location based on IP address.

Information from Third-Party Sources

  • Service providers: Third parties that provide data in connection with services they perform on our behalf, such as EHR system providers or payment processors.
  • Publicly available sources: Public databases, if applicable.

You may decline to provide certain personal information, but this may limit your ability to use the Service or access certain features.

Cookies and Similar Technologies

We use cookies and similar technologies (e.g., web beacons) to operate our website and EHR system and to collect data such as usage data, identifiers, and device information. Cookies are small text files stored by your browser to recognize your device and store preferences. You can manage cookies through your browser settings, but disabling cookies may affect the functionality of the Service.

Use of Personal Information

We use personal information for the following purposes, subject to the limitations on Protected Information:

  • Service delivery: To provide telemedicine consultations, manage your care, prescribe medications, and facilitate communication with our medical team.
  • Business operations: For billing, payment processing, account administration, system security, fraud detection, identity verification, and legal compliance.
  • Service improvement: To develop, test, or improve the Service, including analyzing user behavior and system performance.
  • Personalization: To enhance your experience based on your preferences.
  • Customer support: To respond to your inquiries and fulfill your requests.
  • Communications: To send confirmations, invoices, technical notices, security alerts, and administrative messages.

We may de-identify your information and use or share such de-identified information for any lawful purpose, provided we maintain it in a de-identified form and do not attempt to re-identify it.

Disclosure of Personal Information

We disclose personal information with your consent or as necessary to provide the Service, subject to HIPAA restrictions on Protected Information. Disclosures may include:

  • Service providers: Vendors providing services such as EHR system management or payment processing.
  • HealthClinicMD P.C. and Providers: To enable telemedicine services and prescription fulfillment.
  • Corporate transactions: In connection with a merger, acquisition, or sale of assets.
  • Legal and law enforcement: To comply with applicable law or respond to valid legal processes.
  • Security and safety: To protect our customers, secure our systems, or enforce our rights.

We do not share personal information with third parties for advertising or marketing purposes. De-identified information may be disclosed in accordance with applicable law.

Choice and Control of Personal Information

You may control your personal information through the following options:

  • Access, correction, or deletion: Request access to, correction of, or deletion of your personal information by contacting Admin@Healthclinicmd.com.
  • Communications preferences: Opt out of non-essential communications by following instructions in the message or contacting Admin@Healthclinicmd.com.
  • Browser controls: Manage cookies or enable Global Privacy Control (GPC) to limit data collection. Note that we do not respond to Do Not Track (DNT) signals due to lack of standardized interpretation.

We may decline requests if prohibited by law, if they affect others’ rights, or if we cannot verify your identity. Requests for Protected Information are governed by HealthClinicMD P.C.’s Notice of Privacy Practices.

Data Retention

We retain personal information for as long as necessary to provide the Service, comply with legal obligations (e.g., HIPAA record retention requirements), resolve disputes, and enforce our agreements. Retention periods vary based on the type of information and legal requirements.

Transactions

When you make payments through the Service (e.g., Subscription Fees), you provide payment information such as credit card details, which are processed securely through our EHR system’s payment capabilities [Placeholder: Please specify the payment processor, if applicable, e.g., Stripe]. By submitting payment information, you grant HealthClinicMD the right to provide such information to third parties (e.g., payment processors) to facilitate the transaction.

Jurisdictional Issues

The Service is available to residents of the United States, as permitted by applicable law. This Privacy Policy and our collection, use, and disclosure of information are governed by U.S. law, including HIPAA and Pennsylvania state law.

California Privacy Rights

If you are a California resident under the California Consumer Privacy Act (CCPA), you have the following rights:

  • Right to Know: Request disclosure of the personal information we collect, use, or disclose.
  • Right to Correct or Delete: Request correction of inaccurate information or deletion of personal information, subject to exceptions.
  • Right to Opt-Out: Opt out of the “sale” or “sharing” of personal information (note: we do not sell or share personal information for advertising purposes).
  • Right to Limit Sensitive Information: Limit the use of sensitive personal information to providing the Service or as permitted by law.

To exercise these rights, contact Admin@Healthclinicmd.com. We do not knowingly collect or sell personal information from minors under 16 years of age. You may designate an authorized agent to make requests on your behalf, subject to verification.

Security

We use reasonable physical, technical, and administrative measures to protect personal information, including a HIPAA-compliant EHR system. You are responsible for keeping your account password secure and confidential. If you believe your account has been compromised, notify us immediately at Admin@Healthclinicmd.com.

Contacting Us

For questions about this Privacy Policy, contact us at:

  • Email: Admin@Healthclinicmd.com
  • Mail: HealthClinicMD, Attn: Privacy Officer, 1303 Gantry Ct, Sewickley, PA 15143

Terms and Conditions

1. Program Services

  1. a) In exchange for the Subscription Fee, HealthClinicMD P.C. (the “Practice”) agrees to provide the following services: ongoing management of your care, medication prescribing when appropriate, access to the Practice’s medical team when necessary in connection with ongoing care, and access to the HealthClinicMD Platform, including the HIPAA-compliant EHR system. b) The Practice will make every effort to address your medical needs in a timely manner but cannot guarantee availability. Generally, the Practice will respond within twenty-four (24) hours to communications received on a business day and within forty-eight (48) hours for other communications.

2. No Emergency Care

If you have an emergency, you must dial 911. The Practice does not treat emergencies.

3. Fees

  1. a) Subscription Fee: In consideration of the Services provided, you agree to pay the Practice a Subscription Fee as stated during initial sign-up, covering the duration of your relationship with the Practice. The Subscription Fee is payable in advance and due on the monthly anniversary of your intake appointment (the “Payment Date”). Some patients may be on a quarterly, annual, or other payment schedule, and such fees shall be paid on the anniversary of the Payment Date. Once paid, the Subscription Fee is non-refundable for the month, quarter, year, or other agreed-upon billing cycle. b) Fee Changes: The Practice reserves the right to change the Subscription Fee upon providing ninety (90) days’ written notice to you before fee changes are enacted. c) Valid Payment: You are required to keep a valid form of payment on file with the Practice or its vendor at all times. If the payment method expires or becomes invalid, you agree to promptly provide updated payment information and pay any costs associated with invalid payments, including insufficient funds or chargeback fees. d) Re-Enrollment: If you discontinue your subscription and later wish to re-enroll, you may do so at any time, subject to the current Subscription Fee.

4. No Insurance Accepted; Self-Payment Only

You acknowledge that this Agreement is not health insurance or a health plan, and the fees paid are not insurance premiums. This Agreement is not a substitute for health insurance, does not meet individual health plan mandates, and is not subject to regulation as health insurance. The Services do not cover regular primary care, hospital, specialist, or other services not directly provided by the Practice. You should maintain health insurance for such care.

The Practice and its providers do not participate in any public or private health insurance, HMO, or similar plans, including Medicare and Medicaid. The Practice will not bill any health insurance or health plan for Services, and reimbursement is not anticipated. You are solely responsible for payment of all fees. If you have health insurance, it is your responsibility to understand your benefits and how they apply. The Practice takes no responsibility for your insurance terms or guarantees any insurance payment.

5. Subscription Billing

Your Subscription Fee will be charged to your credit card on a recurring basis through the EHR system’s payment capabilities. You authorize the Practice to securely store your credit/debit card information (the “Payment Method”) and use it automatically for your payment responsibilities. If you need to update your Payment Method, contact your care coordinator. Changes may temporarily delay online payments while the Practice verifies the new information.

You represent and warrant that: (1) any credit/debit card information you supply is true, correct, and complete; (2) charges you incur will be honored by your credit/debit card company; (3) you will pay the charges incurred, including applicable taxes; and (4) you are authorized to make transactions with the provided Payment Method. You authorize the Payment Method to be billed automatically for the Subscription Fee.

If the Practice cannot secure funds due to insufficient funds or inaccurate information, it may undertake collection action, including applying fees as permitted by law. Services may be canceled or withheld if you revoke this authorization, and you remain responsible for all charges owed. This authorization remains in effect until revoked by you or the Practice.

6. Term and Termination

  1. a) Term: If the Practice accepts this Agreement, it will notify you by email receipt of the transaction, and the initial term will begin on the date the Practice processes your initial Subscription Fee (“Initial Term”). After the Initial Term, this Agreement will automatically renew for successive terms of identical length (“Renewal Term”), unless terminated as provided below. b) Termination: Either you or the Practice may terminate this Agreement at any time, with or without cause, upon prior written notice. Upon termination, access to the Services will terminate immediately. There will be no refunds of Subscription Fees paid prior to termination.

7. Electronic Communications

By providing your email address and phone number, you consent to receive electronic communications via email, phone calls, and SMS text messages related to the Services. You acknowledge and consent to the recording of phone calls for program enhancement and quality assurance, in compliance with applicable law.

8. Privacy and Confidentiality

The Practice and its providers will maintain a record of the services provided and will protect the confidentiality of your medical information in accordance with HIPAA, Pennsylvania law, and other applicable state and federal laws. All Protected Information is stored in a HIPAA-compliant EHR system.

9. Malpractice Declaration

HealthClinicMD P.C. is committed to providing high-quality telemedicine services, prioritizing patient safety and care. To safeguard patients and providers, HealthClinicMD has secured comprehensive insurance coverage.

10. Entire Agreement; Amendment

This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements. This Agreement may be amended only in writing signed by all parties, except that the Practice may unilaterally amend the Subscription Fee or this Agreement if required by applicable law upon ninety (90) days’ notice to you. Upon receipt of such notice, you may accept the changes or terminate your subscription in accordance with Section 6.

11. Miscellaneous

  1. a) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Pennsylvania. b) Venue: The exclusive forum for all disputes arising under or relating to this Agreement shall be in Pennsylvania, unless such action cannot by law be brought in such forum, in which case the venue required by law shall govern. c) Anti-Referral Laws: Nothing in this Agreement contemplates, requires, or is intended to induce or influence the admission or referral of any patient to, or the generation of any business between, the parties or any other entity. This Agreement is not intended to influence any provider’s professional judgment in choosing appropriate care. d) Waiver: The failure of a party to insist upon strict adherence to any term of this Agreement shall not be considered a waiver of that term or any other term. e) Severability: The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of any other term(s) or provision(s). f) Successors: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, executors, and administrators. g) No Assignment: You may not assign your rights, duties, or obligations under this Agreement without the prior written consent of the Practice, which may be withheld for any reason. Any attempt to assign without consent will be null and void. The Practice may assign this Agreement with thirty (30) days’ advance notice to you. h) Counterparts: This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute one agreement. i) Notices: Any communication required or permitted under this Agreement shall be in writing and sent via electronic mail to:
  • The Practice: doctor@healthclinicmd.com
  • You: The email address you designate at sign-up.

Contacting Us

For questions about this Agreement, contact us at:

  • Email: Admin@Healthclinicmd.com

Mail: HealthClinicMD, Attn: Privacy Officer, 1303 Gantry Ct, Sewickley, PA 15143