Privacy Policy

NOTICE OF PRIVACY PRACTICES (HIPAA NPP)

Effective Date: July 2026

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.

Professional clinical services are provided exclusively by [Insert PC Corporate Name, e.g., Apex Elite Therapy, P.C.] ("Clinical Practice"), an independent professional entity led by a licensed clinician. Non-clinical billing, marketing, and the technical web application infrastructure are operated by WellxNess LLC ("Management Company").

Both entities are committed to safeguarding your privacy and protecting your protected health information ("PHI") inside our secure digital environments.

1. Our Legal Duty to Protect Your Data

We are required by federal and state law to maintain the privacy and security of your protected health information (PHI). This includes any information you share through our secure asynchronous texting pipeline, data files uploaded to your custom client portal (://app.wellxness.com), and recordings or logs associated with your video strategic sessions. We must provide you with this notice explaining our legal duties and privacy practices regarding your PHI.

2. How We Use and Disclose Your Health Information

We may use or share your health information for the following core purposes without needing a separate written authorization from you:

  • For Treatment: Your therapist uses the clinical information collected during your Client Intake Questionnaire and your secure text messaging logs to provide, coordinate, and manage your mental health care.

  • For Payment: We use your information to process your recurring $850/month subscription payment through our secure payment gateway (Stripe). This includes verifying your active account status so our administrative systems can unlock your calendar access and text queue.

  • For Healthcare Operations: We may use your PHI to run our clinical practice, review the quality of care delivered by our W-2 practitioners, and evaluate internal workflow metrics (such as tracking our under-2-hour text response SLA).

3. Strict Absolute Boundaries (Employer & Corporate Discretion)

  • No Employer Visibility: If your executive membership is sponsored, subsidized, or paid for through a corporate wellness benefit package or an employer B2B arrangement, your employer receives zero individual access to your health metrics. Your company’s HR team or leadership will never see your text logs, login frequencies, intake responses, or session dates. They only receive a completely anonymized, aggregated utilization invoice for business bookkeeping.

  • Data Isolation Walls: In strict adherence to our administrative infrastructure boundaries, non-clinical personnel at the Management Company are locked out from reading raw, unmasked clinical text message streams or therapeutic progress notes. These records are protected behind role-based access controls accessible only to licensed practitioners.

4. Permitted or Required Disclosures by Law

In highly specific scenarios, federal and Colorado state regulations require or permit us to share your information without your written authorization:

  • Public Safety & Duty to Warn: If you express a serious, imminent threat of harm to yourself or to an identifiable third party, your clinician is legally required under Colorado law to disclose the minimum necessary information to law enforcement or emergency medical services to preserve life.

  • Abuse or Neglect Reporting: We are legally mandated to report any suspected child abuse, elder abuse, or neglect to the appropriate state regulatory or protective agencies.

  • Law Enforcement & Legal Proceedings: We may disclose your PHI in response to an explicit court order, administrative order, or a legally validated warrant.

5. Your Legal Rights Regarding Your PHI

You hold specific federal rights regarding the medical records stored within our secure platform:

  • Right to Inspect and Copy: You have the right to look at or request a digital copy of your medical charts, intake files, and secure billing history. We will provide this information in a secure electronic format within 30 days of your request.

  • Right to Amend: If you believe a piece of information in your clinical profile is incorrect or incomplete, you have the right to request a written amendment. We will review your request with our Clinical Advisor and append the necessary context.

  • Right to Request Restrictions: You can ask us not to use or share certain health information for treatment, payment, or clinical operations. While we will make every effort to accommodate your request, we are not legally required to agree if it compromises your safety or the delivery of care.

  • Right to a Paper Copy: You have the right to request a printed copy of this Notice of Privacy Practices at any time, even if you previously agreed to receive it digitally.

6. Security Framework & Encryption Standards

To deliver a true luxury tech experience, your private digital workspace utilizes modern security architecture. All data floating between your browser, your mobile devices, and our white-label portal is protected by industry-standard encryption protocols. Our data centers feature full physical security controls, and our upstream software vendors sign formal Business Associate Agreements (BAAs) to ensure end-to-end data safety.

7. Changes to This Notice

We reserve the right to modify the terms of this privacy notice at any time. Any changes made will automatically apply to all PHI we currently hold, as well as any data generated in the future. If a significant policy shift occurs, we will immediately update the link on our Squarespace site and notify you directly inside your private account portal.

8. Questions and Complaints

If you believe your privacy rights have been violated, or if you have questions regarding your data boundaries, you may file a formal complaint with our Operations Privacy Officer by emailing marketing@wellxness.com.

You may also submit a formal complaint directly to the U.S. Department of Health and Human Services Office for Civil Rights. Filing a complaint will never result in any penalty, retaliation, or restriction of your subscription privileges.