1. Data and Information We Collect
When you use the Site, we collect and/or process the following types of data:
a. Personal Data
“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier. We collect Personal Data that you provide to us when you make a purchase; create an appointment; subscribe to one of our newsletters; contact us via phone, email, postal mail, or other means; chat with us on our Site; or respond to our communications to you (e.g., surveys, requests for feedback). This may include your first or last name, email address, social media usernames, telephone number, mailing address, billing address, payment information, organization name, geolocation information, or your IP address. We may also collect demographic information such as gender, nationality, ethnic origin, interests or preferences, business or company information, professional experience, educational background, professional or personal reference contact information, or social media URLs. In the European Economic Area (“EEA”), Personal Data includes an identification number, location information, and/or an online identifier.
b. Non-Personal Data
“Non-Personal Data” does not identify you, but provides insights regarding your use of the Site. We collect Non-Personal Data that may include information about your use of the Site, including but not limited to, Internet connection information, computer equipment information, web browser specifications, websites visited before accessing our Site, websites visited after leaving our Site, other similar information about traffic and usage as you navigate to, through, and away from our Site, chat interactions on the Site (including text exchanged during the interactions), donation amounts and frequencies, items purchased, purchase histories, information you post or otherwise submit to the Site, or emails you send to us.
Non-Personal Data that we collect may also include “Log Data.” Log Data refers to certain information about how a user uses our Site. Log Data may include the pages or features of the Site to which a User browsed and the time spent on those pages or features, the frequency with which the Site are used by a User, search terms, the links on our Site that a user clicked on or used, and related timestamps.
Personal Data and Non-Personal Data are collectively referenced as “Data.”
c. Health Information
When you schedule an appointment, we will obtain sensitive information related to your health, which is defined as Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). We act in compliance with the federal healthcare privacy and security rules, such as HIPAA and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, when receiving and processing your PHI. You can learn more about our PHI data practices and obligations under our Notice of Privacy Practices (Link to Exhibit E). Likewise, you can review all relevant patient consent forms on this page (TBU).
d. Geolocation Information
You may choose to allow us to access your location by granting the Site access to your location when prompted. You may change this setting on your device or browser. We may also determine location information about you based on information in your Internet connection data or provided by your ISP (e.g., your IP address).
e. Third-Party Social Networking Service(s)
If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Site, we may receive your Personal Data and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. For example, some social networking services allow you to push content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site. Some social networking services also will facilitate registration or enhance or personalize your experience on our Site. This includes if you “follow,” “like,” or link your social networking account to our Site. Your decision to use a social networking service in connection with our Site is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking Site/services.
2. Use of Data and Information
For Legitimate Interests. We use Non-Personal Data collected by clickstream information collection, web pixels, and cookies to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available through the Site, and otherwise help administer and improve the Site.
We may identify you from your Personal Data, and we may merge or co-mingle Personal Data and Non-Personal Data. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our services to you, including, but not limited to:
- operating, maintaining, and providing to you the features and functionality of our Site;
- send you Site-related notices, including notifications about our Site, newsletters, changes to the Site, or other information;
- establishing Accounts for users to use the Site;
- validate your username, e-mail, password, and/or other login credentials;
- customizing the Site-related content to your preferences;
- responding to your requests and provide user support;
- processing your purchases;
- providing you with merchandise or services you have requested or purchased from us;
- evaluating and improving the content of our Services;
- checking on your Account status and maintaining record of activities in connection with your use of the Site;
- enforcing our agreements, terms, conditions, and policies;
- working with our service providers who perform certain business functions or services on our behalf;
- preventing or investigating fraud (or for risk management purposes);
- complying with a legal obligations, court order, or in order to exercise our legal claims or to defend against legal claims;
- conducting aggregate or research analysis and developing business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our Site;
- notifying of contest or sweepstakes results;
- sending e-mail and postal mail supplying the most recent service information or sending you information about an order (e.g., order confirmations, shipment notifications, etc.); and
If you are a user accessing our Site from within the EEA and we have collected your Personal Data (such user herein referred to as a “Data Subject”) and we have obtained your consent, we may also use your Data in the following ways; and, if you are a citizen of any other jurisdiction, you acknowledge that we may use your information in the following ways:
- to share your information with our corporate parents, subsidiaries, other affiliated entities, and associated entities;
- to send e-mail and postal mail to provide you with updates and news;
- to process any request you make; and
- to process the commercial transaction for which you provided Information.
Consent. In addition, we use third‐party e‐mail providers to deliver communications to you. This is an opt-in e-mail program. If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications through the “unsubscribe” link, featured in the footer our emails.
We may, from time to time, invite you to participate in online surveys. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and the Site. The information collected by these surveys is used to research market trends, company growth, community needs, etc. Your input will help us to improve customer experience and shape development of our products and Services.
3. How We Share Information
We share your Data in the following ways:
- We may, sell, rent, or barter your Personal Data with certain third parties.
- We may store portions of your Data in locations outside of the direct control of Waverly (e.g., on servers or databases co-located with service providers).
We may share your Data with the following parties:
- Service providers that help us administer and provide the Site (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable information privacy laws and regulations and to use the Data only for the purposes for which it was disclosed;
- Any Data that you voluntarily disclose for posting to the Site becomes available to the public. This Data may be controlled by privacy or website customization settings. If you remove Data that you posted to the Site, copies may remain viewable, for example, in cached or archived pages or if other Users have copied or saved that Data;
- As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g., name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; and
- Pursuant to your express consent.
4. Third-Party Service Providers
We use third-party service providers to help us operate our Site, who may collect, store, and/or process the information detailed herein. We allow access to our Site and databases by third parties that provide us with services, such as technical maintenance, market research, community and forums management, auction services, and other functionality, but only for the purpose of and to the extent necessary to provide those services.
If you choose to make a purchase from our online store, sign up for an appointment, request to be on our mailing list on the Site, or take similar actions, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. There are also times when you provide information about yourself to us in areas of the Site that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third party, each pursuant to its own policies.
5. Information Security
We take reasonable steps online and offline to safeguard the Personal Data that you provide to us, including:
- hosting your Personal Data with enterprise-grade service providers that use Secure Sockets Layer (SSL) encrypted connections (HTTPS), secure multi-tiered firewalls, encryption, secure cloud-based environments, server authentication, and industry-standard firewalls;
- using password managing software to manage our passwords; and
- using two-factor authentication to access backend systems.
It is common knowledge that transmission of information via the Internet is not wholly secure, and we cannot guarantee the security of your Personal Data, or any other information, transmitted to or through any of our Site. Any transmission of Personal Data, or other information, is at your own risk. By using our Site, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Site. Any transmission of information is at your own risk.
If you have any questions about security on our Site, or if you become aware of any unauthorized use of an Account, loss of your Account credentials, or suspect a security breach, notify us immediately via email@example.com.
6. Rights to Your Personal Data
You may change, edit, update, or delete the information that you provided when you set up your Account, when you purchased a product, set up an appointment, or joined our mailing list by sending a request to firstname.lastname@example.org. You may also request the deletion of this information by sending an e-mail to email@example.com. If you access our Site from certain jurisdictions, such as the EEA, you may have additional rights and options with regard to accessing, reviewing, correcting, and updating your Personal Data, as well as how we use and disclose your Personal Data.
As a Data Subject, you have the right to request access to your Personal Data as it exists in our records by e-mailing us at firstname.lastname@example.org. You also have the right to rectification, correction, or amendment of your Personal Data if it is inaccurate or incomplete. You may also have the right to erasure of your Personal Data; however, this is not always possible due to legal requirements and exceptions may apply. Please note that if you request erasure of your Account, we, in complying with your request, shall also delete any and all information that has been submitted to us through our Site.
A Data Subject may have the right to object to the processing of his or her Personal Data, for example, due to his or her particular situation, for direct marketing uses, or for scientific or historical research. In certain circumstances, Data Subjects may have the right to obtain a restriction on our processing of their Personal Data, in which case such Personal Data will, with the exception of storage, only be processed with the Data Subject’s consent or in circumstances such as our exercise or defense of legal claims or the protection of another person. Data Subjects may also have the right to request that we provide data portability for their Personal Data via a copy of the data in a commonly-used format and/or transfer their Personal Data directly to another data controller (where technically feasible). Exceptions to these rights may apply, for example, if the processing is necessary for a task carried out in the public interest. Finally, if a Data Subject has given his or her consent to our processing of his or her Personal Data for certain purposes, he or she has the right to withdraw consent to such use at any time by contacting us via the contact information below.
If you are not satisfied with how we manage your Personal Data, you have the right to make a complaint to a data protection regulator. A list of National Data Protection Authorities can be found here.
7. Information Retention
Following termination or deactivation of your Account, we may retain your Data for a reasonable amount of time for archival purposes. Furthermore, we may retain and continue to indefinitely use your Data contained in your communications to other users or posted in public or semi-public areas of the Site.
8. Geographic Data Transfers
In some instances we may need to transfer your Personal Data outside the EEA. In all cases, we take steps to ensure that transfers of such Personal Data are performed in accordance with applicable law and carefully managed to protect your privacy rights and interests. Transfers are limited to countries that are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. Therefore, where we transfer your Personal Data outside our corporate affiliates or to third parties who help provide our products and services, we obtain contractual commitments to protect your Personal Data under Data Protection Agreements and pursuant to Standard Contractual Clauses. Some of these assurances are well recognized certification schemes or such as the EU - US Privacy Shield for the protection of Personal Data transferred from within the EU to the United States. Where we receive requests for information from law enforcement or regulators, we carefully validate these requests before disclosing any Personal Data.
9. Data Protection Officer
We have appointed a Data Protection Officer to receive any data inquiry. If you have an inquiry regarding your Personal Data, pursuant to the rights listed in the preceding section (above), please send your message to email@example.com.
10. Links to Third Party Site
11. Children’s Privacy
We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Site.
12. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to firstname.lastname@example.org.
14. How to Contact Us
By e-mail: email@example.com
By telephone: 833.675.4584
By regular mail:
3839 McKinney Avenue Suite 130
Dallas, Texas 75206
1. Access and Use of This Website
Access to certain portions of the Site is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”), when you register, make a purchase from our online store, sign up for an appointment, request to be on our mailing list, or allow us to check your insurance eligibility (collectively, “Provide Your Information”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security. You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account (“Account”) and subsequently log in, you will be asked to choose a password.
You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use. The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
- upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
- upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);
- upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
- use the Site to collect or store personal data about other users without their express permission;
- knowingly include or use any false or inaccurate information in any profile;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
- circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
- attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
- transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
- use the Site in any way that competes with us; or
- encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED.
c. Cancellation and Account Deletion.
You may cancel your Account at any time by emailing us at firstname.lastname@example.org. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account.
d. Online Store, Products, Purchases, and Returns.
General Terms. You agree and acknowledge that you are the legal age of majority in your state or province of residence, and that you are responsible for any purchase(s) you make, while using this Site. You further agree that you shall not use any product(s) sold on this Site for any illegal or unauthorized purpose, whatsoever. When you complete a purchase, you must pay in U.S. Dollars. We reserve the right to refuse our Services to anyone, for any reason, at any time, in our sole and absolute discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole and absolute discretion, appear to be placed by dealers, resellers, or distributors.
Products and Returns. Certain products may be available exclusively online through the Site. These products may have limited quantities and may be subject to return or exchange in accordance with our Return Policy. We have made every effort to display, as accurately as possible, the colors and images of our products on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCT(S) AVAILABLE FOR PURCHASE SHALL MEET YOUR EXPECTATIONS.
f. Appointment Cancellation.
You may cancel or change any appointment up to twenty-four (24) hours before it is scheduled to begin without any additional charge. Any cancellation or change made within twenty-four (24) hours of your appointment will be considered “Late.” We charge a fee of Twenty-Five U.S. Dollars and No Cents ($25.00) for no-shows and Late cancellations. If you are tardy to your appointment, you will be charged an additional inconvenience fee of Ten U.S. Dollars and No Cents ($10.00), which will be added to your appointment fee.
g. Links to Third-Party Websites.
This Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
h. Reliance on Information Posted.
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of the Site, or by anyone who may be informed of any of its contents.
i. Exiting This Site.
You agree to sign out of your Account, each time you prepare to leave this Site.
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
a. As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
b. You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
c. You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
d. You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.
e. You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions on this Site. You agree to maintain a courteous and professional rapport with other users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Waverly owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
Users may not violate the intellectual property rights of others, including but not limited to, using the Site to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a user of this Site, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of this Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO WAVERLY, IMMEDIATELY, in accordance with our DMCA Policy, outlined here (link) (to be updated).
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
a. Your Responsibility. When You post or otherwise submit information to this Site, You represent and warrant that You have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that You will not post any information to this Site, in any format, including but not limited to text, image, video, or audio, that You do not own.
b. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO THIS SITE (“User-Submitted Content”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Waverly from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
c. A user May Not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other content contained on this Site in any form without prior written consent; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of this Site or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or Services featured on this Site; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or Services featured on this Site.
d. User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into this Site.
5. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
WAVERLY TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
6. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WAVERLY, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL WAVERLY OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Waverly our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of the Site, including but not limited to its services and its content;
- any activity related to your account by you or any other person accessing the Site through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Our Compliance with HIPAA
We act in compliance with federal healthcare privacy and security rules, such as the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, when receiving and processing your Protected Health Information (“PHI”). When you receive any health-related services from us, you will be required to acknowledge our Notice of Privacy Practices, located here (Link to Exhibit A) , and you will be required to provide agreement to those Consent Forms (TBU) applicable to the services and treatment(s) you receive.
10. Our Compliance with COPPA
11. Governing Law and Venue
12. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
14. Contact Us
E-mail Address: email@example.com
Attention: Website Inquiry
3839 McKinney Avenue Suite 130
Dallas, TX 75206
15. Entire Agreement
Cookie Notification Policy
What are cookies and what information do they collect?
As with most online services, when you use our Services, we automatically collect and store certain information. This may include your Internet Protocol (“IP”) address, device ID, operating system, browser type and version, the dates and times that you visit the Services, the pages of the Services that you visit and the time spent on those pages, and location data sufficient to identify your country, state and city.
A cookie is a small data file sent from a website or application and stored on your computer or device. Cookies allow us to recognize your browser when you return to our Services and to remember your login information. Cookies also allow us to serve certain features, to better understand how you interact with our Services, and to review aggregated usage.
Web beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services, and if emails sent to users are opened. Unlike cookies, which are stored on the device, web beacons are typically embedded invisibly on web pages or in an email.
We use a variety of third-parties to collect, track and analyze usage and statistical information from users, such as the user’s browser type, operating system, browsing behavior and demographic information.
Users may be given the option to receive push notifications while using our Services. Depending on the type of device you are using to access Waverly, we may need to collect your IP address and a device identifier in order to serve push notifications. You can turn off push notifications off in your device settings.
Overall, we use the information we receive from cookie-related data to monitor how the Services are being used and how they perform, to analyze and administer the Services. Our Services may place both session and persistent cookies on your computer or device. Session cookies typically last for as long as you are using your browser, while persistent cookies will remain even after you close your browser. The length of time that these cookies remain is detailed below.
Types and Purpose of Cookies, and the Legal Basis for Cookies
Some of our cookies, described as first-party cookies, are placed by us, and are used to help us operate functioning and effective Services. Other cookies, referred to as third-party cookies, are placed by companies that we work with to provide, maintain, analyze and in some cases advertise on the Services. The legal basis for the collection of information through third party cookies depends on the type of cookie, as described below.
The details, including our legal basis for collection and processing of the information collected through the cookies is as follows:
- Strictly necessary cookies: These cookies are required in order for you to be able to visit and use the Services. If you disable strictly necessary cookies, the Services will be impacted. The legal basis for the collection of information through strictly necessary cookies is the legitimate interest in providing functioning Services and to protect the security of our Services, and performance of a contract if we have a contractual agreement with you for the use of the products.
- Functional cookies: These cookies allow us to store choices and settings you may select, such as your language, region and account preferences. If you disable functional cookies, we may not be able to respond to your preference choices and provide the Services in a manner that is tailored to your region. The legal basis for the collection of information through functionality cookies is your consent.
- Analytics and targeting/advertising cookies: Analytics cookies allow us to collect information on how the Services are used and the scope and demographics of the user base. This includes whether a user has visited the Services previously, how the user came to visit our Services, the volume of users visiting particular areas of the Services and the time they’re spending on particular pages. This allows us to improve how our Services perform and your experience in using the Services.
On our getwaverly.com website, we also include advertising cookies. These cookies allow us to do some of the things that we do with analytics cookies, and also to targeted advertisements tailored to your interests. We do not include advertising cookies on the app products. If you disable such advertising cookies you will not receive a customized website experience or targeted advertising. The legal basis for the collection of such information by analytics and targeting/advertisement cookies is your consent.
Change settings from within your browser
For other browsers, try searching for “managing cookies in (browser name)”
Disabling, Deleting, or Opting Out of Cookies
By email: firstname.lastname@example.org
By regular mail:
Privacy Request - Cookies
3839 McKinney Avenue, Dallas, TX 75206 Suite 130
Mobile Terms and Conditions
Mobile Terms and Conditions Effective Date: 02/14/2020
Preventative Oral Health Holdings LLC (“Waverly,” “we,” “us,” or “our”), has developed these Mobile Terms and Conditions (“Text Policy”) to inform users (“user,” “you,” or “your”) about our appointment reminder text messages, promotions and advertising text messages, and all related short message services. Read this Text Policy carefully.
When you text WAVE to [TBU], opt-in online, or otherwise provide your mobile phone number to us through our website, getwaverly.com, in an e-mail, in a written letter, or by some other means or manner, you agree to this Text Policy and give your prior, express, and written consent to receive text messages containing information, related to offers, deals, promotions, and special opportunities, from us. You will not receive more than four (4) text messages per week with appointment reminders, alerts, or promotional offers.
Message and data rates may apply. By signing up, you are confirming you are over the age of 13.
Text STOP to [TBU] to stop receiving text messages from Waverly (after texting STOP, you will receive a confirmation message from us). For additional information, text HELP to [TBU] or contact 833.675.4584.
YOU UNDERSTAND AND AGREE THAT THE TEXT MESSAGES SENT TO YOUR MOBILE DEVICE MAY BE GENERATED BY USING AUTOMATIC TELEPHONE DIALING SYSTEMS (AUTO-DIALER). YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED TO MAKE A PURCHASE OR TO ORDER A SERVICE.
Supported carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
HIPAA Notice of Privacy Practices
Effective Date: February 14, 2020
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Scope of Notice
This Notice applies to all records of your care generated or received by your Waverly practice (“we”, “our”, “us”), which may include information about your condition or treatment, diagnostic tests and images, and related dental or other health information.
We are required by law to maintain the privacy of protected health information, to provide individuals with notice of our legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information. We must follow the privacy practices that are described in this Notice while it is in effect.
You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.
How We May Use and Disclose Your Health Information
The following categories describe the different ways that we may use and disclose your health information without your permission:
Treatment. We may use and disclose your health information for your treatment. For example, we may disclose your health information to a specialist providing treatment to you.
Payment. We may use and disclose your health information to obtain reimbursement for the treatment and services you receive from us or another entity involved with your care. Payment activities include billing, collections, claims management, and determinations of eligibility and coverage to obtain payment from you, an insurance company, or another third party. For example, we may send claims to your dental health plan containing certain health information.
Healthcare Operations. We may use and disclose your health information in connection with our healthcare operations. For example, healthcare operations include quality assessment and improvement activities, conducting training programs, reviewing the competence and qualifications of healthcare professionals, and licensing activities. We may also use your health information to notify you about our health-related products and services, to recommend possible treatment options or alternatives that may be of interest to you, to send you patient satisfaction surveys, or to send you appointment reminders.
Business Associates. We may disclose your health information to one or more of our business associates in order for them to provide services to us or on our behalf pursuant to a written business associate agreement. Our business associates are required to establish reasonable and appropriate safeguards to protect your information.
Individuals Involved in Your Care or Payment for Your Care. We may disclose your health information to your family or friends or any other individual identified by you when they are involved in your care or in the payment for your care. Additionally, we may disclose information about you to a patient representative. If a person has the authority by law to make health care decisions for you, we will treat that patient representative the same way we would treat you with respect to your health information.
Required by Law. We may use or disclose your health information when we are required to do so by law, such as to report suspected abuse or neglect.
Public Health Activities. We may disclose your health information for public health activities, such as to prevent or control disease, injury or disability, report child abuse or neglect, or notify a person of a recall, repair, or replacement of products or services.
Health Oversight Activities. We may disclose your health information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, and licensure actions.
Law Enforcement. We may disclose your health information for law enforcement purposes as permitted by HIPAA, as required by law, or in response to a subpoena or court order.
Judicial and Administrative Proceedings. If you are involved in a lawsuit or a dispute, we may disclose your health information in response to a court or administrative order. We may also disclose health information about you in response to a subpoena, discovery request, or other lawful process instituted by someone else involved in the dispute, but only if efforts have been made, either by the requesting party or us, to tell you about the request or to obtain an order protecting the information requested.
Disaster Relief. We may use or disclose your health information to assist in disaster relief efforts.
Serious Threat to Health or Safety. We may disclose your health information when permitted by law to avert a serious and imminent threat to the health or safety of a person or the public.
Specialized Government Functions. To the extent applicable, we may release your health information for specialized government functions, including military and veterans activities, national security and intelligence activities, and correctional institutions.
Worker’s Compensation. We may disclose your health information to the extent authorized by and to the extent necessary to comply with laws relating to worker’s compensation or other similar programs established by law.
Coroners, Medical Examiners, and Funeral Directors. We may release your information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose your health information to funeral directors consistent with applicable law to enable them to carry out their duties.
Fundraising. We may contact you to provide you with information about our sponsored activities, including fundraising programs, as permitted by applicable law. If you do not wish to receive such information from us, you may opt out of receiving the communications.
Other Uses and Disclosures of PHI
Most uses and disclosures of health information for marketing purposes, and disclosures that constitute a sale of health information will be made only with your written authorization. In any other situation not identified in this Notice, we will ask for your written authorization before using or disclosing information about you. You may revoke an authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your health information, except to the extent that we have already taken action in reliance on the authorization.
Your Health Information Rights
Right to Access. You have the right to inspect or get copies of your health information, with limited exceptions, as provided by 45 CFR § 164.524. You must make the request in writing at the address listed at the end of this Notice. If you request information that we maintain on paper, we may provide photocopies. If you request information that we maintain electronically, you have the right to an electronic copy. We will use the form and format you request if readily producible. We will charge you a reasonable cost-based fee for the cost of supplies and labor of copying, and for postage if you want copies mailed to you. If you are denied a request for access, you have the right to have the denial reviewed in accordance with the requirements of applicable law.
Right to Request Amendment. You have a right to request that we amend your health information if you believe the information is not accurate or is incomplete, as provided by 45 CFR § 164.526. To request an amendment of your health information, you must submit your request in writing to the address listed at the end of this Notice. Your request must explain why the information should be amended. We may deny your request under certain circumstances.
Right to an Accounting of Disclosures. You have a right to receive an accounting of certain disclosures of your health information, as provided by 45 CFR § 164.528. To request an accounting of disclosures of your health information, you must submit your request in writing to the address listed at the end of this Notice.
Right to Request a Restriction. You have the right to request additional restrictions on certain uses and disclosures of your health information for treatment, payment or health care operations, as provided by 45 CFR § 164.522(a). You must make your request in writing. We are not required to agree to your request, except in the case where the disclosure is to a health plan for purposes of carrying out payment or health care operations, and the information pertains solely to a health care item or service for which you, or a person on your behalf (other than the health plan), has paid our practice in full.
Right to Alternative Communication. You have the right to request that we communicate with you about your health information by alternative means or at alternative locations, as provided by 45 CFR § 164.522(b). You must make your request in writing. Your request must specify the alternative means or location, and provide satisfactory explanation of how payments will be handled under the alternative means or location you request. We will accommodate all reasonable requests. However, if we are unable to contact you using the ways or locations you have requested we may contact you using the information we have.
Right to a Paper Copy of this Notice. You have a right to obtain a paper copy of this Notice upon request.
Changes to this Notice
We reserve the right to change our privacy practices and the terms of this Notice at any time, provided such changes are permitted by applicable law, and to make new Notice provisions effective for all protected health information that we maintain. When we make a significant change in our privacy practices, we will change this Notice and post the new Notice clearly and prominently at our practice location, and we will provide copies of the new Notice upon request.
Complaints or Request for More Information
If you want more information about our privacy practice, please contact us as the address below. If you believe your privacy rights may have been violated, you can file a complaint with the Privacy Officer listed below or with the Office for Civil Rights, U.S. Department of Health and Human Services. You will not be penalized in any way for filing a complaint.
Address: 3839 McKinney Avenue Dallas, TX 75206 Suite 130