Privacy Policy

Brightmeds LLC understands the importance of confidentiality and privacy regarding your health information. Brightmeds LLC will act in accordance with HIPAA to protect your private health information.

This privacy policy describes how Brightmeds Inc. ("we," "us," or "our") collects, uses, and protects the information you provide when you use our website, mobile applications, software, subscriptions, SMS text messaging platform (the "SMS Platform"), and/or other goods or services ("Services"). We protect your privacy. If we request personally identifiable information from you on this website, we will use it solely in line with this privacy policy, as amended from time to time. Our Terms of Use, Acceptable Usage Policy, and other policies must be followed. 

Brightmeds LLC does not provide any medical services, including via the Sites and Services. Rather, Brightmeds LLC provides a technology platform for you to access a health care provider employed or contracted with Brightmeds LLC physicians or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with Brightmeds LLC or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with Brightmeds LLC itself.

By accepting the Terms of Use, you agree and consent to Brightmeds LLC, Brightmeds LLC affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Brightmeds LLC affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

In some cases, a Brightmeds LLC physician or affiliated health care provider may use the Services to provide advice or treatment to you. A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Brightmeds LLC strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Brightmeds LLC may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that:

For more information regarding the health care services offered by health care providers utilizing the Services, please visit brightmeds.com

Except for specific communications received from your Brightmeds LLC physician or affiliate health care organizations and providers, none of the Content you receive through the Sites should be considered medical advice.

Although certain parts of the Sites are accessible by any individual, you are obligated to register with Brightmeds LLC in order to access the Services. The Services are available only to users who have registered with Brightmeds LLC and to other persons affiliated with Brightmeds LLC who have been granted accounts with usernames and passwords (“Secure Users“). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Brightmeds LLC. If you do not maintain such information, or Brightmeds LLC has reasonable grounds to suspect as much, Brightmeds LLC has the right to suspend or terminate your account and your use of the Services. You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Brightmeds LLC explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Brightmeds LLC will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Brightmeds LLC. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.

Be cautious and read the privacy statements of third-party sites and services.

The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.

Brightmeds LLC may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment.

After such termination, Brightmeds LLC will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Brightmeds LLC AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONALS, PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER Brightmeds LLC NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, Brightmeds LLC DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND Brightmeds LLC DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL Brightmeds LLC, ITS RELATED PERSONS OR ENTITIES OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, WARRANTY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF Brightmeds LLC OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

You agree to indemnify, defend, and hold harmless Brightmeds LLC, its affiliates (including without limitation all affiliated professionals and professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, representatives, proprietors, partners, shareholders, servants, principals, agents, assigns, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site.

Brightmeds LLC reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Brightmeds LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND Brightmeds LLC TO RESOLVE ALL DISPUTES BETWEEN US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Brightmeds LLC.

These Terms of Use and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively in the County of Nassau, Delaware. The parties agree that the Supreme Court of the State of Delaware, Delaware shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law. Brightmeds LLC and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

No waiver by Brightmeds LLC of any term or condition set forth in these Terms of Use 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 by Brightmeds LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

You may not assign any of your rights under this agreement, and any such attempt will be null and void.

Brightmeds LLC reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Brightmeds LLC otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Brightmeds LLC

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address: [email protected]

Any notification to Brightmeds LLC under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

An identification of the content or material that you claim is infringing and where it is located on our Sites;

Information sufficient for Brightmeds LLC to contact you, such as your address, telephone number, and/or email address;

A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Uses and disclosures of your protected health information that do not require an authorization

For example, doctors, nurses, and other staff members involved in your care will use your PHI to coordinate your care or to plan a course of treatment for you.

For example, we may disclose information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you.

For example, we may disclose your PHI for billing or interpreter support. We may use your PHI to conduct an evaluation of the treatment and services provided or to review staff performance.

We will use your PHI to communicate with you about a number of important topics, including information about your care, treatment options and other health-related services.

We may also contact you at the email, phone number or address that you provide, including via text messages, for these communications. If your contact information changes, it is important that you let us know. We will only provide you a link via text or e-mail which will require you to verify yourself prior to opening the message within the messaging portal.

At times, we need to disclose your PHI to persons or organizations outside Brightmeds LLC who assist us with our payment/billing and health care operations. We require these business associates and their subcontractors to appropriately safeguard your PHI.

We may be permitted or required by law to make certain other uses and disclosures of your PHI without your authorization. Subject to conditions specified by law, we may release your PHI:

for any purpose required by law

for public health activities, including required reporting of disease, injury, birth and death, for required public health investigations, and to report adverse events or enable product recalls

to government agencies if we suspect child/elder adult abuse or neglect. We may also release your PHI to government agencies if we believe you are a victim of abuse, neglect or domestic

to your employer when we have provided screenings and health care at their request for occupational health and safety

to a government oversight agency conducting audits, investigations, inspections and related oversight functions

in emergencies, such as to prevent a serious and imminent threat to a person or the public

if required by a court or administrative order, subpoena or discovery request

for law enforcement purposes, including to law enforcement officials to identify or locate suspects, fugitives or witnesses, or victims of crime

to coroners, medical examiners and funeral directors

if necessary to arrange organ or tissue donation or transplant

for national security, intelligence, or protective services activities

for purposes related to your workers’ compensation benefits

Except as outlined above, we will not use or disclose your PHI for any other purpose unless you have signed a form authorizing the use or disclosure. You may revoke an authorization in writing, except to the extent we have already relied upon it.

In some situations, a signed authorization form is required for uses and disclosures of your PHI, including:

most uses and disclosures of psychotherapy notes

uses and disclosures for marketing purposes

disclosures that constitute the sale of PHI

uses and disclosures for certain research protocols

as required by privacy law. The confidentiality of substance use disorder and mental health treatment records as well as HIV-related information maintained by us is specifically protected by state and/or federal law and regulations. Generally, we may not disclose such information unless you consent in writing, the disclosure is allowed by a court order, or in other limited, regulated circumstances.

You can access and inspect paper or electronic copies of certain PHI that we maintain about you. You may readily access much of your health information without charge by requesting it through [email protected]. In line with set fees under federal and state law, we may charge you for a copy of your medical records.

You can request amendments, or changes, to certain PHI that we maintain about you that you think may be incorrect or incomplete. All requests for changes must be in writing, signed by you or your representative, and state the reasons for the request. If we decide to make an amendment, we may also notify others who have copies of the information about the change. Note that even if we accept your request, we may not delete any information already documented in your medical record. You can make such requests by contacting [email protected] or directly inside your patient portal under the “privacy center” section.

In accordance with applicable law, you can ask for an accounting of certain disclosures made by us of your PHI. This request must be in writing and signed by you or your representative. This does not include disclosures made for purposes of treatment, payment, or health care operations or for certain other limited exceptions. An accounting will include disclosures made in the six years prior to the date of a request.

You can request restrictions on certain of our uses and disclosures of your PHI for treatment, payment, or health care operations. We are not required to agree but will attempt to accommodate reasonable requests when appropriate.

You can request a restriction on certain disclosures of your PHI to your health plan. We are only required to honor such requests when services subject to the request are paid in full. Such requests must be made in writing and identify the services to which the restriction will apply.

You can request that we communicate with you through alternative means or at alternative locations, and we will accommodate reasonable requests. You must request such confidential communication in writing to each department you would like to accommodate the request

We are required to notify you in writing of any breach of your unsecured PHI without unreasonable delay and no later than 60 days after we discover the breach.

If you believe your privacy rights have been violated, you can file a complaint with [email protected].

You can also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C.

A complaint must be made in writing and will not in any way affect the quality of care we provide you.

California Notice to Consumers

Medical doctors are licensed and regulated by the Medical Board of California.

(800) 633-2322 www.mbc.ca.gov/

Complaints may be filed online at www.mbc.ca.gov/

Breeze/Complaints.aspx or submitted in hard copy form. A Consumer Complaint Form, including instructions for completing it, may be found at http://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx . A hard copy Consumer Complaint Form should be submitted to:

Medical Board of California

Central Complaint Unit

2005 Evergreen Street, Suite 1200

Sacramento, CA 95815

The Central Complaint Unit of the Medical Board of California can be contacted by phone at 1-800-633-2322 or 916-263-2382.

Kansas

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State.

This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas.

Questions and concerns regarding this professional practice may be directed to:

Kansas State Board Of Healing Arts

800 SW Jackson, Lower Level-Suite A

Topeka, Kansas 66612

Phone: (785) 296-7413

Toll Free: 1(888) 886-7205

Fax: (785) 296-0852

Website: www.ksbha.org

Oregon

Complaints about physicians, as well as other licensees and registrants of the Oregon Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Oregon Medical Board

Investigations Manager

1500 SW 1st Ave. #620

Portland, OR 97201

P: (971) 673-2702

https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx

Texas

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation to:

Texas Medical Board

Attention: Investigators

333 Guadalupe, Tower 3, Suite 610

P.O Box 2018, MC-263

Austin, TX 78768-2018

Assistance in filing a complaint is available by calling 1-800-201-9353. For more information, visit www.tmb.state.tx.us

Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas:

Texas Medical Board Attention: Investigations 333 Guadalupe, Tower 3, Suite 610 P.O. Box 2018, MC-263 Austin, Texas 78768-2018

Notice to Patients – Open Payments Database

For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospital be made available to the public.

You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/

We do not rent or sell your personally identifiable information (name, address, telephone number, and payment card information) to third parties for marketing reasons.

Your personal information may be disclosed as mentioned in this document. Usage Data may be disclosed at our discretion.

Your personal information and Usage Data may be shared with our related companies, including our subsidiaries. Affiliated entities are entities we control or that control us. 

Our trusted service partners who help us operate and maintain our sites and services may access your personal information and Usage Data. For instance, we may hire third parties to handle payments, host our servers, offer security, and provide production, fulfillment, optimization, analytics, and reporting services. Our service providers will only have access to your information as needed to perform their contractual services.  

You can restrict the gathering or use of your personal information in the following ways:

When filling out a form on our website or other Services, consider what information to include and exclude. You may in some circumstances be able to check a box to opt out of direct marketing. 

If you previously consented to us using your personal information for direct marketing, you can change your mind by writing to us using the contact information below. 

We have safeguards to help prevent unauthorized access to or misuse of your information, but we cannot guarantee that it will never be disclosed in a manner inconsistent with this Privacy Policy (for example, due to third parties' unauthorized acts that violate applicable law or our and our affiliated providers' policies). We may use passwords or other technologies to register or authenticate you and enable you to use our Services before giving access or making updates to your information to safeguard your privacy and security. 

If you have any queries regarding our Privacy Policy or its execution, please email [email protected]

We provide fast options to update or remove your information unless we need it for business or legal reasons. Before changing your personal information, we may ask for identification. Requests that are excessively repetitious, entail disproportionate technical effort (such as establishing a new system or substantially modifying an existing practice), jeopardize others' privacy, or are exceedingly impracticable may be rejected (for instance, requests for information residing on backup tapes). 

You should routinely review our Privacy Policy as we may alter it. Your continuing use of any Services signifies your acceptance of such modifications.