Privacy Policy | Medical Disclaimer

Effective Date:  July 25, 2019

This Privacy Policy / Medical Disclaimer (“Privacy and Disclaimer Notice”) discloses the privacy practices for Adam Schaffner, MD / Plastic Surgery Institute of New York (“our,” “we,” or “us”) in regards to our website; [www.plasticsurgeryinnyc.com] (“Website”). 

For convenience, the words “You” and “Your” as used in this Privacy and Disclaimer Notice refer to all users of the Website, including, without limitation, anyone that accesses or visits the Website. This Privacy and Disclaimer Notice applies solely to information provided by You, and collected by the Website, (“Identifiable Information”) except where stated otherwise.

If You do not want us to use Your Identifiable Information or your data as stated in this Privacy and Disclaimer Notice, do not use our Website.

Children

Our Website is intended for individuals 18 or older. If You are under the age of 18, please do not use our Website or provide our Website with any Identifiable Information.

Purpose of Privacy and Disclaimer Notice

The purpose of this Privacy and Disclaimer Notice, as well as its underlying procedures, is to protect the confidentiality and security of Identifiable Information provided by You, and to inform You of the technical, administrative and physical safeguards instituted by us to protect the Identifiable Information that You provide from unauthorized use and access. This Privacy and Disclaimer Notice will inform You of the following:

  • What information we collect;
  • With whom the information we collect is used, disclosed, and shared; and
  • How the information we collect is secured.

Identifying Identifiable Information

You can review the material and information about us, including without limitation, the topics on this Website, without providing us with any Identifiable Information. However, to access certain features of our Website (such as requesting a consultation, or insurance verification), You will be required to provide us with certain information about You that may include Your first and last name, email address, telephone number, and insurance information details. If we are addressing a specific question that You asked us about, You may also need to provide us with additional information (for example, a description of why You are contacting us, and the best time and method to reach You). If You send us follow-up questions or comments You may also provide us with additional Identifiable Information in doing so.

Information Collection, Use, Sharing, and Security

Identifiable Information Collection

We are authorized only to access and/or collect Identifiable Information that is voluntarily provided by You via accessing the Website, via email, or through other direct contact with You, in accordance with this Privacy and Disclaimer Notice.

Opting Out of Communications from Our Website

By providing your Identifiable Information to us, You authorize our sending email communications to You. We may contact You via email about products or services related to Your healthcare or treatment, or changes to this Privacy & Disclaimer Notice. You may opt out or revoke your authorization to receive email communications from us at any time by contacting us at (212) 481-6696.

Health Information Privacy Practices

The Health Insurance Portability and Accountability Act (“HIPAA”), and the regulations promulgated thereunder require us, as a covered entity health care provider, and our business associates to meet certain obligations to protect the privacy and confidentiality of Your Identifiable Information. We are committed to ensuring that our practices regarding the privacy and security of Your Identifiable Information comply with industry norms, contractual obligations and, as applicable, all federal and state laws and regulations, including, but not limited to HIPAA and the HIPAA Standards for Privacy of Individually Identifiable Health Information (“the Privacy Rule”). Consequently, we are committed to maintaining privacy policies, administrative structures, reporting procedures, due diligence procedures, training programs and other methodologies of an effective compliance program relative to the use and disclosure of Your Identifiable Information.

We are required by law to:

  • Maintain the privacy of medical information provided to us;
  • Notify affected individuals promptly if a breach occurs that compromises Identifiable Information;
  • Provide notice of our legal duties and privacy practices in person, by mail, or by posting it on our website; and
  • Follow the duties and privacy practices described in this Privacy and Disclaimer Notice.

Uses of Identifiable Information 

We may use and disclose Your Identifiable Information when necessary to carry out functions related to “treatment,” to make “payment for services rendered,” and to perform administrative, financial, quality assurance and other “health care operations” (as those terms are described in the Privacy Rule). We may also use and disclose Identifiable Information to persons involved in Your care or payment for that care, as well as to governmental oversight bodies.

When You provide us with Identifiable Information, we may use it to customize Your experience and to provide You with access to our Website and services. We will use Your Identifiable Information to respond to You, relating to the reason why You contacted us. We may also use Your information to help us improve the design and performance of our Website. We will not sell or rent the information provided by You to any one individual or entity. We will not share Your Identifiable Information with any third party, except to fulfill Your requests as needed.

By providing your Identifiable Information to our Website, You authorize that we may use Your Identifiable Information You provide us to send You notices about products or services (or payments for such product or services), or alternative treatments or therapies related to Your healthcare, or Your treatment. When we do this, we do not disclose your Identifiable Information to third-party organizations. Unless You consent, we will not use the Identifiable Information provided by You in a way that is incompatible with the purposes for which it was originally collected or subsequently authorized by You.

Sharing of Identifiable Information

We share aggregated demographic information with our partners, advertisers, third-party vendors, or government officials as required by law. For instance, we may disclose aggregated demographic information if we need to so that a third-party vendor can help us provide our services (for example, if we use a vendor to help us manage our Website). This aggregate information that we share is not linked to Your Identifiable Information, Your contact information, or any other information provided by You.

We may also disclose Your Identifiable Information if, among other things, we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to:

  1. Comply with legal process, including, but not limited to, lawful subpoenas;
  2. Respond to legal claims;
  3. Respond to Your requests for customer services or transaction completion; or
  4. Protect the rights, property, or personal safety of our Website, its users, or the public.

Security of Information

We utilize technical, administrative and physical safeguards to protect Identifiable Information provided by You from loss, unauthorized access, disclosure, alteration or destruction. First, technical procedures are used in order to limit the accessibility and exposure of Identifiable Information contained in electronic form. Second, administrative procedures are used in order to control the type of employees, and affiliated and nonaffiliated persons, to whom Identifiable Information is accessible. Third, procedural safeguards have been established to prevent access to Identifiable Information. When You submit Identifiable Information to us via the Website or via email, the Identifiable Information is protected both online and offline.

The technical safeguards we utilize to ensure that Your Identifiable Information is protected online include: encryption& SSL.

We also utilize administrative safeguards to ensure that Your Identifiable Information is also protected offline. For instance, only our employees who require Your Identifiable Information to perform specific tasks, such as related to billing or customer service, are granted access to Your Identifiable Information. The computers/servers on which we store Your Identifiable Information are kept in a secure environment.

Cookies

We use “cookies” on the Website. A cookie is a piece of data stored on the Website visitor’s hard drive to help us improve Your access to the Website, and identify repeat visitors to the Website. For instance, cookies are used to remember non-personal technical information, such as a visitor’s password or IP address, and to identify which areas of the Website are popular, and which areas need improvement, thus enabling us to track and target the interests of Website visitors in order to enhance their experience on our Website. Usage of cookies is not linked to any Identifiable Information on our Website.

Some of our business partners may use cookies on our Website (e.g., advertisers), which we have no access to or control.

Links

There may be other tracking technologies now and later devised and used by us in connection with our Website. Further, our Website contains links to other websites, and third parties may use tracking technologies with our Website. We are not responsible for the content or privacy practices of such other third party websites. We do not control third party tracking technologies, nor are we responsible for them. You consent to potentially encountering third party tracking technologies in connection with Your use of our Website, and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties.

We encourage You to be aware of when You leave our Website, and to read the privacy statements of other website that may collect Identifiable Information.

Communications and Contact Information

We are committed to protecting Your privacy and Identifiable Information. Please contact us with any complaints, questions, or concerns regarding these issues, how we process Your Identifiable Information, or any other security-related issues regarding this Website at (212) 481-6696.

Privacy and Disclaimer Notice Updates

We may revise or enhance this Privacy and Disclaimer Notice from time to time. We will post a current version of our Privacy and Disclaimer Notice on our Website with the date the Privacy and Disclaimer Notice became effective. By continuing to access our Website You will be conclusively deemed to have accepted any changes in the Privacy and Disclaimer Notice.

California Shine the Light Law

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits individuals who are California residents to request and obtain from us a list of what Identifiable Information (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. We will never disclose your Identifiable Information to third parties for direct marketing purposes without your express authorization.

Medical Disclaimer and Informed Consent

You acknowledge and agree that the services, advice, recommendations, content, and media (collective, the “Content”) offered by us, our owners, members, shareholders, partners, managers, directors, officers, employees, independent contractors, and agents is not medical advice or care, and that, by visiting this Website, no patient-physician/practitioner relationship is being established by You visiting or using this Website. You acknowledge and agree that the Content being provided on this Website is educational information only. A physician/patient relationship may only be established after You are evaluated/treated at our office and even then, whether a physician/patient relationship has been established will be based on the particular facts and circumstances. If You think You may have a medical emergency, go to the nearest hospital emergency department, or call 911 immediately.

The Content contained on this Website is not intended to recommend the self-management of health problems or wellness, nor is it intended to endorse or recommend any particular type of medical treatment. Should You have any health care related questions, promptly call or consult Your physician or healthcare provider. No Content contained on this Website should be used by You to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider.

Legal Provisions

Application of this Privacy and Disclaimer Notice

This Privacy and Disclaimer Notice applies only to the privacy of users of our Website. If You follow links and move from our Website to external Websites owned or operated by other entities or individuals, You should read the privacy policies of those external websites carefully. The terms by which the owners or operators of those websites manage Your information could differ from how our Website manages your information. Our Website is not responsible for the practices of these third parties.

Assignment

Your information will remain subject to the terms of this Privacy and Disclaimer Notice even if the Website undergoes an organizational transition. However, we may transfer Your information to a successor entity upon a merger, consolidation, or other reorganization. You hereby consent to such transfers and we may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy and Disclaimer Notice, including our ownership of Your Private Information under the circumstances described in this paragraph.

Governing Law and Arbitration

This Privacy and Disclaimer Notice is governed by the laws of the State of New York. If You believe we have violated this Privacy and Disclaimer Notice, please contact us at (212) 481-6696. If we do not satisfy Your concerns regarding any alleged violation and You wish to pursue a claim against us, You agree to engage in mediation in the event that direct negotiations fail to resolve Your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in New York, before an arbitrator chosen by the parties from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Privacy and Disclaimer Notice shall be entitled to recover associated costs, including reasonable attorneys’ fees.

To the fullest extent permitted by applicable law, no arbitration under this Privacy and Disclaimer Notice shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

If You wish to seek clarification on the above matters please do not hesitate to get in touch with us at (212) 481-6696.