Privacy Policy

Last modified: December 8, 2024

Introduction

This Privacy Policy ("Policy") describes how FunctionalMind, LLC ("we," "our," "us") collects, uses, and discloses certain personal information obtained through our website ("Website" or "Site"), which is available at [URL]. This Policy also applies to the chatbot Services ("Services") available through the Site. By using the Site and Services and the features available to you on the Services, you are agreeing to the terms of this Policy.

Important Disclosure Regarding the Platform

You are strictly prohibited from recording any protected health information of patients via the Services. Any violation of this provision may result in immediate termination of your account and potential legal action. To ensure that you are not recording personal information about patients, all information entered into the platform should be de-identified. You should remove all direct identifiers of a patient (such as a name, address, email address, or other obvious identifiers), as well as any and all other details that could identify an individual. You can review a full list of data elements that should be removed here: https://www.hhs.gov/hipaa/for-professionals/privacy/special-topics/deidentification/index.html#safeharborguidance.

What Information We Collect and Maintain About You

We collect personal and other information from you directly when you provide it to us through the Services. We may also automatically collect certain information about you and your computer, smartphone, or other devices when you use, access, or interact with our Services.

Personal information from accountholders. If you create an account through the Services, we will create personal information related to creating and maintaining your account. This information may include: Profile information, such as your full name, username, password. Communication information, such as your email address and email preferences. Information about your business or institution, such as business or institution name and your title. Information related to processing your payment (collected through our third-party service provider).

We will also collect information that you provide through the Services. Please review the disclosure above about what information is prohibited to be recorded or entered through the Services.

This Policy does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or 
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Services. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 

Information We Collect About You and How We Collect It

Server logs. Server logs automatically record information and details about your online interactions with us. For example, server logs may record information about your visit to our Services at a particular time and day and collect information such as your device ID or IP address.

Cookies. We also use cookies on the Services. Cookies are small files that are stored on your computer by your web browser. A cookie allows the Services to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect or store information about your use of the Service during your current session and over time (including the pages you view and the files you download), your computer's operating system and browser type, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before the Services, and the link you used to leave the Service. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the Services may not operate correctly.

Pixel tags. A pixel tag (also known as a web beacon, clear GIF, pixel, or tag) is an image or a small string of code that may be placed in an advertisement or email. It allows companies to set or read cookies or transfer information to their servers when you load a webpage or interact with online content. For example, we or our service providers may use pixel tags to determine whether you have interacted with a specific part of our Services, viewed a particular advertisement, or opened a specific email.

Third-party plugins. Our Services may include plugins from other companies, including social media companies (e.g., the Facebook "Like" button). These plugins may collect information, such as information about the pages you visit and share it with the company that created the plugin even if you do not click on the plugin. These third-party plugins are governed by the privacy policies and terms of the companies that created them.

Third-party online tracking. We also may partner with certain third parties to collect, analyze, and use some of the personal and other information described in this section. For example, we may allow third parties to set cookies or use web beacons on the Services or in email communications from us.

Aggregated or deidentified information. We may also collect and share aggregated or deidentified information about users of the Services, including any deidentified or aggregated information collected through the Platform. Such aggregated or deidentified information will not identify you personally.

Third-Party Use of Cookies. Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

We do not maintain, require or collect protected health information of you and your patients to carry out any function on the platform and require that all users do not input any protected health information of their patients and any patient payment information and health care operations, to ensure Federal Health Insurance Portability and Accountability Act ("HIPAA") compliance. We seek to provide privacy of patients' protected health information through platform's policies and through the protected health information de-identifier tool that is made mandatory and accessible to all users and instructed to be used in the event such information is uploaded or inputted into the platform.

How We Use and Process Your Information

The purposes for which we use your information include to:

• Provide you with our Services, including processing your order; 
• Respond to your questions or requests concerning the Services; 
• Fulfill the terms of any agreement you have with us; 
• Fulfill your requests for our Services or otherwise complete a transaction that you initiate; 
• Send you information about our Services and other topics that are likely to be of interest to you, including newsletters, updates, or other communications, including promotional emails;
• Improve our artificial intelligence and machine learning; 
• Deliver confirmations, account information, notifications, and similar operational communications;
• Improve your user experience and the quality of our products and Services;
• Comply with legal and/or regulatory requirements;
• Aggregate and deidentify information;
• Benchmark results for our customers;
• Serve advertisements;
• Analyze how visitors use the Services and various Services features, including to count and recognize visitors to the Services;
• Create new products and Services; and
• Manage our business.

FunctionalMind may link information gathered through the Services with information that we collect in other contexts. But in that event, we will handle the combined information in a manner consistent with this Policy. 

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the [order form/registration form])/adjust your user preferences in your account profile. 

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy for a variety of purposes as described below:

Other users of the Services. You have the option to share the information you input into the Services with other authorized users. We only share the information you upload into the Services with other users of the Services with your permission.

Third-party service providers. FunctionalMind uses third-party service providers that perform Services on our behalf, including web-hosting companies, payment processors, and mailing vendors. These service providers may collect and/or use your information, including information that identifies you personally, to assist us in achieving the purposes discussed above.

We may also share your information with third parties when necessary to fulfill your requests for Services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.

Analytics. We partner with certain third parties to obtain the automatically collected information discussed above and to engage in analysis, auditing, research, and reporting. These third parties may use pixels or server logs, and they may set and access device IDs and IP addresses from your device. In particular, the Services use Google Analytics to help collect and analyze certain information for the purposes discussed above. You may opt-out of the use of cookies by Google Analytics here.

Please note that our website currently does not respond to "Do Not Track" signals.

Legal purposes. We also may use or share your information with third parties when we believe, at our sole discretion, that doing so is necessary:

• To comply with applicable law or a court order, subpoena, or other legal processes;
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;
• To establish, protect, or exercise our legal rights or defend against legal claims; or
• To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]]. You can also always opt-out by [logging into the Website and adjusting your user preferences in your account profile][,][ checking or unchecking the relevant boxes] [or by] sending us an email with your request to [email protected]. 
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by [[checking the relevant box located on the form on which we collect your data (the [order form/registration form])/[OTHER OPT-OUT METHOD]] or at any other time by] [logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by] sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, Services experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by [OPT-OUT METHOD]. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

If you want to learn more about the personal information that FunctionalMind has about you, or you would like to update, delete, or change that information, please contact us by email at [email protected].

If you are a resident of the EU, UK, or another jurisdiction with an applicable privacy law, you may have certain rights available to you. These rights may include:

• The right to be informed about our data collection practices;
• The right to access and rectify your data;
• The right to erase or delete your data; 
• The right to data portability;
• The right to restrict and object to the processing of your data (including for direct marketing purposes);
• The right to opt-out of the sale of your information;
• The right to opt-out of marketing emails and text messages;
• The right to limit our use of any automated decision-making processes;
• The right to lodge a complaint to your local data protection authority; and
• The right to withdraw consent (to the extent applicable).

To exercise any of the rights listed above, please contact us via email at [email protected]. We will respond to your request as soon as reasonably possible and in the time period required be applicable law.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.]

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.]

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. 

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.

• Access and delete certain personal information.

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).

• Data portability.

• Opt-out of personal data processing for:

• targeted advertising (excluding Iowa);

• sales; or 

• profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).

• Either limit (opt-out of) or require consent to process sensitive personal data. 

The exact scope of these rights may vary by state. To exercise any of these rights please contact us via email at [email protected]. 

External Links

This Services may contain links to third-party websites. If you use these links, you will leave the Services. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content, or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our website, you do so at your own risk.

Data Security

We employ physical, technical, and administrative procedures to safeguard the personal information we collect online. However, no website or mobile app is 100% secure, and we cannot ensure or warrant the security of any information you transmit to the Services or to us, and you transmit such information at your own risk.

International Users

The information that we collect through or in connection with the Services is transferred to and processed in the United States for the purposes described above. FunctionalMind also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Services or by providing any personal or other information to us, you expressly consent to such transfer and processing.

Data Retention

We retain personal information about you necessary to fulfill the purpose for which that information was collected or as required or permitted by law. We do not retain personal information longer than is necessary for us to achieve the purposes for which we collected it. When we destroy your personal information, we do so in a way that prevents that information from being restored or reconstructed. 

Children

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. 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 [email protected].

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

[email protected] 

[or via our toll-free number: 

1.855.786.2402