VIVID SMILES

I. INTRODUCTORY NOTICE

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. THIS PRIVACY POLICY DESCRIBES OUR POLICIES AND PROCEDURES ON THE COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION WHEN YOU USE THE SERVICE AND TELLS YOU ABOUT YOUR PRIVACY RIGHTS AND HOW THE LAW PROTECTS YOU. WE USE YOUR PERSONAL DATA TO PROVIDE AND IMPROVE THE SERVICE. BY USING THE SERVICE, YOU AGREE TO THE COLLECTION AND USE OF INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

II. DENTAL PRACTICE COVERED BY THIS NOTICE

THIS NOTICE DESCRIBES THE PRIVACY PRACTICES OF VIVID SMILES (“DENTAL PRACTICE”). “WE” AND “OUR” MEAN THE DENTAL PRACTICE. “YOU” AND “YOUR” MEAN OUR PATIENT.

III. HOW TO CONTACT US/OUR PRIVACY OFFICIAL

IF YOU HAVE ANY QUESTIONS OR WOULD LIKE FURTHER INFORMATION ABOUT THIS NOTICE, YOU CAN CONTACT THE VIVID SMILES PRIVACY OFFICIAL AT: [email protected]

IV. OUR PROMISE TO YOU AND OUR LEGAL OBLIGATIONS

THE PRIVACY OF YOUR HEALTH INFORMATION IS IMPORTANT TO US. WE UNDERSTAND THAT YOUR HEALTH INFORMATION IS PERSONAL, AND WE ARE COMMITTED TO PROTECTING IT. THIS NOTICE DESCRIBES HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION TO CARRY OUT TREATMENT, PAYMENT, OR HEALTH CARE OPERATIONS, AND FOR OTHER PURPOSES PERMITTED OR REQUIRED BY LAW. IT ALSO DESCRIBES YOUR RIGHTS TO ACCESS AND CONTROL YOUR PROTECTED HEALTH INFORMATION.
  WE ARE REQUIRED BY LAW TO:
   – MAINTAIN THE PRIVACY OF YOUR PROTECTED HEALTH INFORMATION;
   – GIVE YOU THIS NOTICE OF OUR LEGAL DUTIES AND PRIVACY PRACTICES; AND
   – ABIDE BY THE TERMS OF THIS NOTICE.

V. LAST REVISION DATE

THIS NOTICE WAS LAST REVISED ON JULY 12, 2024.

VI. HOW WE MAY USE OR DISCLOSE YOUR HEALTH INFORMATION

THE FOLLOWING EXAMPLES DESCRIBE DIFFERENT WAYS WE MAY USE OR DISCLOSE YOUR HEALTH INFORMATION. THESE EXAMPLES ARE NOT EXHAUSTIVE.
A. COMMON USES AND DISCLOSURES
  – TREATMENT: WE MAY USE YOUR HEALTH INFORMATION TO PROVIDE DENTAL TREATMENT OR SERVICES, INCLUDING DISCLOSURE TO DENTAL SPECIALISTS, PHYSICIANS, OR OTHER HEALTH CARE PROFESSIONALS INVOLVED IN YOUR CARE.
  – PAYMENT: WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION TO OBTAIN PAYMENT FROM HEALTH PLANS OR INSURERS.
  – HEALTH CARE OPERATIONS: WE MAY USE AND DISCLOSE INFORMATION FOR OPERATIONS NECESSARY TO RUN OUR PRACTICE (E.G., TRAINING, QUALITY ASSURANCE, AND BILLING AUDITS).
  – APPOINTMENT REMINDERS: WE MAY CONTACT YOU VIA POSTCARD, LETTER, PHONE, TEXT, OR EMAIL TO REMIND YOU OF APPOINTMENTS.
  – TREATMENT ALTERNATIVES AND HEALTH-RELATED BENEFITS: WE MAY USE INFORMATION TO INFORM YOU ABOUT TREATMENT OPTIONS OR BENEFITS.
  – DISCLOSURE TO FAMILY OR FRIENDS: IF YOU DO NOT OBJECT, WE MAY DISCLOSE INFORMATION TO FAMILY OR FRIENDS INVOLVED IN YOUR CARE.
  – DISCLOSURE TO BUSINESS ASSOCIATES: WE MAY SHARE YOUR PROTECTED HEALTH INFORMATION WITH THIRD-PARTY SERVICE PROVIDERS UNDER CONTRACTUAL OBLIGATIONS TO PROTECT YOUR DATA.
B. LESS COMMON USES AND DISCLOSURES
  – DISCLOSURES REQUIRED BY LAW: WE MAY DISCLOSE INFORMATION IF REQUIRED BY LAW, SUCH AS TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.
  – PUBLIC HEALTH ACTIVITIES: INFORMATION MAY BE DISCLOSED FOR ACTIVITIES LIKE DISEASE PREVENTION, REPORTING BIRTHS OR DEATHS, OR CHILD ABUSE INVESTIGATIONS.
  – VICTIMS OF ABUSE, NEGLECT, OR DOMESTIC VIOLENCE: WE MAY DISCLOSE INFORMATION TO APPROPRIATE AUTHORITIES IF WE SUSPECT ABUSE.
  – HEALTH OVERSIGHT ACTIVITIES: DISCLOSURES MAY BE MADE TO GOVERNMENT OVERSIGHT AGENCIES.
  – LAWSUITS AND LEGAL ACTIONS: INFORMATION MAY BE DISCLOSED PURSUANT TO A COURT ORDER OR SUBPOENA.
  – LAW ENFORCEMENT: WE MAY DISCLOSE INFORMATION TO HELP IDENTIFY OR LOCATE SUSPECTS OR WITNESSES.
  – CORONERS, MEDICAL EXAMINERS, OR FUNERAL DIRECTORS: INFORMATION MAY BE PROVIDED TO ASSIST IN THEIR DUTIES.
  – ORGAN, EYE, AND TISSUE DONATION: INFORMATION MAY BE USED TO FACILITATE DONATION AND TRANSPLANT PROCEDURES.
  – RESEARCH PURPOSES: INFORMATION MAY BE USED OR DISCLOSED FOR RESEARCH WITH APPROPRIATE AUTHORIZATIONS.
  – SERIOUS THREAT TO HEALTH OR SAFETY: IF NECESSARY TO PREVENT A SERIOUS THREAT, INFORMATION MAY BE DISCLOSED.
  – SPECIALIZED GOVERNMENT FUNCTIONS: INFORMATION MAY BE DISCLOSED FOR NATIONAL SECURITY OR GOVERNMENT REVIEW PURPOSES.
  – WORKERS’ COMPENSATION: INFORMATION MAY BE DISCLOSED TO COMPLY WITH WORKERS’ COMPENSATION LAWS.

VII. YOUR WRITTEN AUTHORIZATION FOR ANY OTHER USE OR DISCLOSURE

ANY USE OR DISCLOSURE OF YOUR PROTECTED HEALTH INFORMATION NOT DESCRIBED ABOVE (INCLUDING MARKETING OR THE RELEASE OF PSYCHOTHERAPY NOTES) WILL BE MADE ONLY WITH YOUR WRITTEN AUTHORIZATION, UNLESS OTHERWISE PERMITTED OR REQUIRED BY LAW. YOU MAY REVOKE THIS AUTHORIZATION AT ANY TIME, IN WRITING, EXCEPT TO THE EXTENT THAT ACTION HAS ALREADY BEEN TAKEN.

VIII. YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION

YOU HAVE THE FOLLOWING RIGHTS REGARDING YOUR HEALTH INFORMATION (AS DEFINED BY HIPAA). TO EXERCISE THESE RIGHTS, YOU MUST SUBMIT A WRITTEN REQUEST TO OUR PRIVACY OFFICIAL.
A. RIGHT TO ACCESS AND REVIEW
  YOU MAY REQUEST A COPY OF YOUR HEALTH INFORMATION. IF YOUR REQUEST IS DENIED, YOU WILL RECEIVE A WRITTEN NOTICE EXPLAINING THE DENIAL. IF POSSIBLE, INFORMATION WILL BE PROVIDED IN YOUR REQUESTED FORMAT.
B. RIGHT TO AMEND
  IF YOU BELIEVE YOUR INFORMATION IS INCORRECT OR INCOMPLETE, YOU MAY REQUEST AN AMENDMENT. YOU WILL RECEIVE WRITTEN NOTICE IF YOUR REQUEST IS DENIED.
C. RIGHT TO RESTRICT USE AND DISCLOSURE
  YOU MAY REQUEST THAT WE LIMIT HOW WE USE OR DISCLOSE YOUR INFORMATION, SUBJECT TO CERTAIN EXCEPTIONS.
D. RIGHT TO CONFIDENTIAL COMMUNICATIONS
  YOU MAY REQUEST ALTERNATIVE METHODS OR LOCATIONS FOR RECEIVING COMMUNICATIONS, AND WE WILL ACCOMMODATE REASONABLE REQUESTS.
E. RIGHT TO AN ACCOUNTING OF DISCLOSURES
  YOU HAVE THE RIGHT TO RECEIVE AN ACCOUNTING OF DISCLOSURES OF YOUR HEALTH INFORMATION FOR THE SIX (6) YEARS PRIOR TO THE REQUEST, EXCLUDING DISCLOSURES FOR TREATMENT, PAYMENT, OR OPERATIONS. THE FIRST ACCOUNTING EACH 12-MONTH PERIOD IS FREE; SUBSEQUENT REQUESTS MAY BE SUBJECT TO A REASONABLE FEE.
F. RIGHT TO A PAPER COPY
  YOU MAY REQUEST A PAPER COPY OF THIS NOTICE AT ANY TIME, EVEN IF YOU HAVE AGREED TO RECEIVE IT ELECTRONICALLY.
G. RIGHT TO RECEIVE NOTIFICATION OF A SECURITY BREACH
  IF THE PRIVACY OR SECURITY OF YOUR INFORMATION IS BREACHED, WE WILL NOTIFY YOU BY FIRST-CLASS MAIL WITHIN 60 DAYS. THE NOTIFICATION WILL INCLUDE DETAILS OF THE BREACH, STEPS YOU SHOULD TAKE, AND WHAT WE ARE DOING TO INVESTIGATE AND MITIGATE THE BREACH.

IX. SPECIAL PROTECTIONS

SPECIAL FEDERAL AND STATE LAWS MAY REQUIRE ADDITIONAL PRIVACY PROTECTIONS FOR INFORMATION REGARDING HIV, ALCOHOL AND SUBSTANCE ABUSE, MENTAL HEALTH, AND GENETIC INFORMATION. IF YOUR TREATMENT INVOLVES SUCH INFORMATION, PLEASE CONTACT OUR OFFICE FOR MORE DETAILS.

X. OUR RIGHT TO CHANGE OUR PRIVACY PRACTICES AND THIS NOTICE

WE RESERVE THE RIGHT TO CHANGE THIS NOTICE AT ANY TIME. ANY MATERIAL CHANGES WILL BE POSTED ON OUR WEBSITE AND IN OUR OFFICE, AND YOU MAY REQUEST A COPY OF THE NEW NOTICE. THE EFFECTIVE DATE OF THIS NOTICE IS THE DATE OF POSTING OR DISTRIBUTION.

XI. HOW TO MAKE PRIVACY COMPLAINTS

IF YOU HAVE ANY COMPLAINTS ABOUT YOUR PRIVACY RIGHTS OR HOW YOUR INFORMATION HAS BEEN USED OR DISCLOSED, YOU MAY FILE A COMPLAINT WITH US BY CONTACTING OUR PRIVACY OFFICIAL. YOU MAY ALSO FILE A WRITTEN COMPLAINT WITH THE SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE FOR CIVIL RIGHTS. WE WILL NOT RETALIATE AGAINST YOU FOR MAKING A COMPLAINT.

XII. INTERPRETATION & DEFINITIONS

A. INTERPRETATION
  THE WORDS WITH INITIAL CAPITAL LETTERS HAVE THE DEFINITIONS SET OUT BELOW, WHICH APPLY REGARDLESS OF WHETHER THEY APPEAR IN SINGULAR OR PLURAL.
B. DEFINITIONS
  – ACCOUNT: A UNIQUE ACCOUNT CREATED FOR YOU TO ACCESS OUR SERVICE.
  – PARTNER: AN ENTITY THAT CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH ANOTHER, WHERE “CONTROL” MEANS OWNERSHIP OF 50% OR MORE.
  – COMPANY: REFERS TO VIVID SMILES, LOCATED AT 17167 CEDAR GULCH PARKWAY, PARKER, COLORADO 80134.
  – COOKIES: SMALL FILES PLACED ON YOUR DEVICE TO TRACK YOUR BROWSING HISTORY.
  – COUNTRY: REFERS TO COLORADO, US.
  – DEVICE: ANY DEVICE THAT CAN ACCESS THE SERVICE.
  – PERSONAL DATA: ANY INFORMATION THAT IDENTIFIES OR CAN IDENTIFY AN INDIVIDUAL.
  – SERVICE: REFERS TO THE WEBSITE.
  – SERVICE PROVIDER: THIRD-PARTY PROVIDERS WHO PROCESS DATA ON OUR BEHALF.
  – THIRD-PARTY SOCIAL MEDIA SERVICE: ANY PLATFORM THAT ALLOWS YOU TO LOG IN OR CREATE AN ACCOUNT TO USE THE SERVICE.
  – USAGE DATA: DATA COLLECTED AUTOMATICALLY FROM YOUR USE OF THE SERVICE.
  – WEBSITE: VIVID SMILESPARKER.COM
  – YOU: THE INDIVIDUAL OR ENTITY USING THE SERVICE.

XIII. COLLECTING AND USING YOUR PERSONAL DATA

A. TYPES OF DATA COLLECTED
  1. PERSONAL DATA: INFORMATION YOU PROVIDE (E.G., EMAIL, NAME, PHONE, ADDRESS).
  2. USAGE DATA: INFORMATION COLLECTED AUTOMATICALLY (E.G., IP ADDRESS, BROWSER TYPE, PAGES VISITED).
B. INFORMATION FROM THIRD-PARTY SOCIAL MEDIA SERVICES
  YOU MAY REGISTER OR LOG IN VIA THIRD-PARTY SERVICES (E.G., GOOGLE, FACEBOOK). INFORMATION FROM THESE ACCOUNTS MAY BE COLLECTED.
C. TRACKING TECHNOLOGIES AND COOKIES
  WE USE COOKIES, WEB BEACONS, AND OTHER TRACKING TECHNOLOGIES TO COLLECT DATA AND IMPROVE OUR SERVICE. THIS INCLUDES NECESSARY, FUNCTIONAL, AND PERFORMANCE COOKIES.
D. USE OF YOUR PERSONAL DATA
  YOUR DATA MAY BE USED TO:
   – PROVIDE AND MAINTAIN OUR SERVICE
   – MANAGE YOUR ACCOUNT
   – FULFILL CONTRACTS OR PURCHASES
   – CONTACT YOU FOR UPDATES OR MARKETING
   – ANALYZE USAGE AND IMPROVE OUR SERVICE
   – FACILITATE BUSINESS TRANSFERS
E. RETENTION OF YOUR PERSONAL DATA
  WE WILL RETAIN YOUR DATA ONLY AS LONG AS NECESSARY FOR THE PURPOSES DESCRIBED OR AS REQUIRED BY LAW.
F. TRANSFER OF YOUR PERSONAL DATA
  YOUR DATA MAY BE PROCESSED IN DIFFERENT JURISDICTIONS. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR CONSENT TO SUCH TRANSFERS.
G. DELETION OF YOUR PERSONAL DATA
  YOU HAVE THE RIGHT TO REQUEST THE DELETION OF YOUR DATA, WITH CERTAIN LEGAL EXCEPTIONS.
H. DISCLOSURE OF YOUR PERSONAL DATA
  YOUR DATA MAY BE DISCLOSED IN CONNECTION WITH BUSINESS TRANSACTIONS, LAW ENFORCEMENT, OR OTHER LEGAL REQUIREMENTS.

NO MOBILE INFORMATION WILL BE SHARED WITH THIRD PARTIES/AFFILIATES FOR MARKETING/PROMOTIONAL PURPOSES. INFORMATION SHARING TO SUBCONTRACTORS IN SUPPORT SERVICES, SUCH AS CUSTOMER SERVICE, IS PERMITTED. ALL OTHER USE CASE CATEGORIES EXCLUDE TEXT MESSAGING ORIGINATOR OPT-IN DATA AND CONSENT; THIS INFORMATION WILL NOT BE SHARED WITH ANY THIRD PARTIES.

XIV. SECURITY OF YOUR PERSONAL DATA

WHILE WE STRIVE TO PROTECT YOUR DATA USING COMMERCIALLY REASONABLE MEANS, NO METHOD OF TRANSMISSION OR ELECTRONIC STORAGE IS 100% SECURE.

XV. DETAILED INFORMATION ON DATA PROCESSING

A. GOOGLE ANALYTICS
  WE USE GOOGLE ANALYTICS TO TRACK AND REPORT WEBSITE TRAFFIC. YOU MAY OPT-OUT USING THE GOOGLE ANALYTICS OPT-OUT BROWSER ADD-ON.
B. MATOMO
  MATOMO IS USED AS AN ALTERNATIVE ANALYTICS SERVICE. PLEASE REFER TO THEIR PRIVACY POLICY FOR DETAILS.
C. EMAIL MARKETING
  YOUR PERSONAL DATA MAY BE USED TO SEND YOU NEWSLETTERS OR PROMOTIONAL MATERIALS. YOU CAN OPT-OUT AT ANY TIME.
D. PAYMENTS
  PAYMENT INFORMATION IS HANDLED BY THIRD-PARTY PAYMENT PROCESSORS, WHOSE PRIVACY POLICIES GOVERN THE USE OF THAT DATA.
E. BEHAVIORAL REMARKETING
  WE MAY USE YOUR DATA TO SHOW TARGETED ADVERTISEMENTS, USING COOKIES AND OTHER TECHNOLOGIES. YOU CAN OPT-OUT USING AVAILABLE TOOLS.

XVI. CHILDREN’S POLICY

OUR SERVICE DOES NOT TARGET INDIVIDUALS UNDER THE AGE OF 13. WE DO NOT KNOWINGLY COLLECT DATA FROM CHILDREN UNDER 13. IF YOU ARE A PARENT OR GUARDIAN AND BELIEVE YOUR CHILD HAS PROVIDED US WITH DATA, PLEASE CONTACT US IMMEDIATELY.

XVII. LINKS TO OTHER WEBSITES

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR SERVICES. WE HAVE NO CONTROL OVER THESE SITES, AND WE ARE NOT RESPONSIBLE FOR THEIR CONTENT OR PRIVACY PRACTICES. PLEASE REVIEW THEIR POLICIES WHEN YOU VISIT THEM.

XVIII. CHANGES TO THIS PRIVACY POLICY

WE MAY UPDATE THIS PRIVACY POLICY FROM TIME TO TIME. ANY CHANGES WILL BE POSTED ON OUR WEBSITE AND, WHERE APPROPRIATE, NOTIFIED TO YOU. PLEASE REVIEW THE POLICY PERIODICALLY FOR UPDATES.

XIX. CONTACT US

IF YOU HAVE ANY QUESTIONS ABOUT THIS PRIVACY POLICY, PLEASE CONTACT US AT: [email protected]