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Legal Document

Privacy Policy

Effective Date: January 1, 2025
This SMS Privacy Policy describes how NeuroCareTMS ("we," "us," or "our") collects, uses, and protects personal information you provide when you opt in to receive SMS (text message) communications from us. By opting into our SMS program, you agree to the terms described in this policy. We are committed to protecting your privacy and handling your data with care and transparency.
01

Information We Collect via SMS

When you opt in to receive SMS communications from NeuroCareTMS, we may collect the following types of information:

Mobile phone number — the number you provide when opting into our SMS program.
Opt-in date and time — a record of when you consented to receive messages from us.
Message interaction data — information about whether messages were delivered, opened, or replied to.
Content of messages you send — any responses or information you send to us via SMS.
Device and carrier information — technical data provided by your mobile carrier as part of the messaging process.
02

How We Use Your SMS Information

NeuroCareTMS uses the information collected through our SMS program solely for the purposes for which you consented. Specifically, we use your information to:

Send appointment reminders, confirmations, and scheduling updates related to your TMS treatment.
Provide information about your treatment plan, progress check-ins, and care-related communications.
Respond to inquiries or requests you initiate via text message.
Send general health or wellness information relevant to your care at NeuroCareTMS.
Notify you of office closures, delays, or other important operational updates.

We do not use your mobile number for purposes unrelated to your care and communications with NeuroCareTMS without your separate, explicit consent.

03

How We Share Your Information

We do not sell, rent, or share your mobile phone number or SMS data with third parties for their own marketing purposes. Your information may only be shared in limited circumstances:

SMS platform providers — We use trusted third-party messaging platforms to deliver SMS communications. These providers are bound by contractual obligations to protect your data.
Legal compliance — We may disclose information if required to do so by law, regulation, court order, or other legal process.
Business transitions — In the event of a merger, acquisition, or sale of assets, your information may be transferred, with notice provided to you as required by law.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

04

Opting In to SMS Communications

You may opt in to receive SMS communications from NeuroCareTMS through one of the following methods:

Submitting a consultation request form on our website and checking the SMS consent box.
Verbally consenting to SMS during a phone call or in-person appointment.
Texting a designated keyword to our SMS short code, as instructed by our team.

By opting in, you consent to receive text messages from NeuroCareTMS at the mobile number you provided. Consent to receive SMS is not a condition of receiving any services from us. Message and data rates may apply depending on your carrier plan.

05

Opting Out of SMS Communications

You may opt out of SMS communications from NeuroCareTMS at any time using any of the following methods:

Reply STOP to any SMS message you receive from us to be immediately removed from our messaging list.
Contact our office directly at 718 673 6551 to request removal from our SMS program.
Email us at the address listed in Section 10 of this policy to request opt-out.

After opting out, you will receive a one-time confirmation message. Following that confirmation, no further SMS messages will be sent to your number unless you opt back in. Opting out of SMS does not affect any other services or communications you receive from us.

06

Data Retention

We retain SMS-related data only for as long as necessary to fulfill the purposes described in this policy or as required by applicable law. Specifically:

Opt-in and opt-out records are retained for a minimum of five (5) years to comply with telecommunications and healthcare regulations.
Message logs and delivery records may be retained for up to three (3) years.
Upon request, we will delete or anonymize your SMS data to the extent permitted by applicable law.
07

Security of Your Information

NeuroCareTMS implements reasonable administrative, technical, and physical safeguards to protect your SMS-related personal information from unauthorized access, disclosure, alteration, or destruction. These measures include:

Encrypted data storage and transmission for all personal information.
Access controls limiting who within our organization may view SMS data.
Regular security assessments of our third-party SMS platform providers.

While we take these steps to protect your information, please be aware that no transmission over the internet or via mobile networks can be guaranteed to be 100% secure.

08

Your Rights Regarding Your SMS Data

Depending on your state of residence, you may have the following rights with respect to your SMS personal information:

Right to Access — Request a copy of the SMS-related personal information we hold about you.
Right to Correction — Request that we correct inaccurate information we hold about you.
Right to Deletion — Request that we delete your personal information, subject to any legal retention requirements.
Right to Opt-Out — Withdraw your consent to receive SMS communications at any time as described in Section 5.

To exercise any of these rights, please contact us using the information provided in Section 10.

09

HIPAA Considerations

As a healthcare provider, NeuroCareTMS is subject to the Health Insurance Portability and Accountability Act (HIPAA). Please be aware that standard SMS messages are not encrypted end-to-end and may not constitute a fully HIPAA-compliant channel for transmitting protected health information (PHI).

We take steps to minimize the PHI contained in SMS messages (e.g., appointment reminders reference time and date but avoid sensitive diagnostic details). If you have concerns about the privacy of your medical information communicated via SMS, please contact us to discuss alternative communication methods, including secure patient portals or encrypted messaging options.

Our full HIPAA Notice of Privacy Practices is available upon request at any of our office locations or by calling 718 673 6551.

10

Changes to This Policy

NeuroCareTMS reserves the right to update or modify this SMS Privacy Policy at any time. When we make changes, we will update the effective date at the top of this policy. We may also notify you of significant changes via SMS or through our website. Your continued participation in our SMS program after changes are posted constitutes your acceptance of the updated policy.

We encourage you to review this policy periodically to stay informed about how we protect your information.

Questions About This Policy?

Our team is happy to clarify any aspect of this SMS Privacy Policy.