Last updated August 2017
This Privacy Policy discloses the information practices of Cortica that are applicable to the information provided or obtained by Cortica through this, or any associated, website, including any electronic forms contained herein or thereon (collectively, the “Website”). For purposes of this Privacy Policy, “Cortica” means and includes each of the Cortica-branded centers and affiliates, and its/their affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. We encourage you to read this Privacy Policy carefully. Terms not defined in this Privacy Policy shall have the meaning set forth in Cortica’s Terms of Use. By accessing, viewing, and/or using the Website, each user (individually, “User” or “you” and collectively, “Users”) understands and agrees to the privacy practices contained herein. If you object to anything in this Privacy Policy or otherwise do not understand or agree to be bound by this Privacy Policy, do not use the Website and exit this Website immediately.
1. Notice of Privacy Policy Changes. Cortica may update this Privacy Policy at any time and without providing notice to you. Users are encouraged to carefully review this Privacy Policy upon each visit to this Website for the latest information on Cortica’s information practices.
2. Information Collection, Use and Removal. Cortica collects, stores, analyzes and uses information, content and materials Users post or submit via the Website, including without limitation, contact information (such as name, email address and physical address) and financial information (such as credit card number and expiration date) (collectively, “User Information”). User Information will be used by Cortica, or third parties on Cortica’s behalf, for purposes relating to the Website and Cortica’s services, including, without limitation, billing, payment, customer service matters, providing you with updated information regarding the Website and Cortica’s services, and for the other purposes set forth herein. User medical information provided to Cortica will be used and maintained by Cortica as set forth in the Notice of Privacy Practices. User should not disclose medical information when communicating with Cortica Website customer support, either by email at info@corticacare.com, by phone, or by any other means. Any medical information User discloses to Cortica customer support may not be subject to federal or state medical privacy regulations. User consents to the collection, storage, analysis and use of User Information as set forth in this Privacy Policy. For assistance in removing User Information from Cortica’s database, please contact us at info@corticacare.com.
3. Use of Tracking Technologies. Cortica and third parties on Cortica’s behalf use various tracking technologies, including without limitation cookies, web beacons, tokens, web analytics and other clickstream data, to collect, store, analyze, use and disclose information from and about Users’ devices, Users’ activities on the Website, and Users’ activities on the Internet, generally, in order to:
A. facilitate User access to Cortica’s services;B. offer a personalized experience when visiting the Website and using the Internet, generally;C. deliver the products and services requested;D. manage User accounts and provide Users with customer support;E. perform research and analysis about the use of, or interest in, Cortica products, services, or content, or products, services, or content offered by third parties;F. communicate by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to Users, either from Cortica or other third parties;G. track Users’ use of the Website and advertisements;H. develop, deliver, and display targeted content and advertising on the Website and other websites;I. measure the effectiveness of online advertising, content, programming or other activities;J. enforce our Terms of Use and the Notice of Privacy Practices;K. process payment for any purchases made on the Website;L. protect against or identify possible fraudulent transactions;M. perform functions as otherwise needed to manage Cortica’s business; andN. perform functions as otherwise described to Users at the time of collection.
4. Information Sharing. Cortica will disclose User Information to third parties only in the ways and for the purposes that are described in this Privacy Policy, the Terms of Use, and Notice of Privacy Practices. Cortica may disclose User Information in Cortica’s sole discretion: (a) to third parties that provide services on behalf of Cortica and/or in connection with the Website; (b) if required or permitted pursuant to any applicable law, regulation, or court or administrative order; (c) in connection with any User’s violation of or to otherwise enforce Cortica’s rights under the Terms of Use, Notice of Privacy Practices, or other agreements with Cortica; (d) to protect the property of Cortica; or (e) to protect the personal safety and/or rights of employees of Cortica, other Users, or members of the public. Further, and notwithstanding anything herein to the contrary, Cortica may transfer, sell and/or distribute User Information to third parties: (x) with the exception of Protected Health Information, for the satisfaction of any debt or upon liquidation of Cortica should such a situation arise; (y) to a purchaser or transferee of all or a portion of Cortica’s assets in conjunction with the sale or transfer of such assets; and/or (z) with the exception of financial and Protected Health Information, at or for any other purpose in Cortica’s sole discretion.
5. Consent. By using the Cortica Website, User consents to Cortica’s collection, storage, analysis, use and disclosure of User Information as set forth in this Privacy Policy, Cortica’s Terms of Use, and Notice of Privacy Practices.
6. Third Party Websites. The Website may contain third party advertising and links to third party websites. Cortica is not responsible for the privacy practices or policies of these advertisers or websites. Please contact such advertisers or websites directly for more information about their privacy practices. Cortica expressly disclaims, and each User expressly releases Cortica from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to third party advertisers and/or the use of links to third party websites that may appear on the Cortica Website, including without limitation such websites’ availability, privacy policies, content, advertising, and/or products or other materials.
7. Security. Cortica uses commercially reasonable security measures in an attempt to keep User Information secure, including without limitation Secure Socket Layer (SSL) technology for sensitive User Information such as financial information. However, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, Cortica does not represent or warrant that User Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Any User Information is provided to Cortica at User’s own risk.
8. Information Retention Policy. Cortica may retain User Information for an indefinite length of time in order to preserve the integrity of Cortica databases, among other reasons. User consents to Cortica’s storage of all such User Information for this indefinite length of time, at Cortica’s sole discretion. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), Cortica will delete User Information by erasing it from Cortica’s database upon written request. Cortica will also respond to written member requests to nullify User Information that is eligible for nullification in accordance with Cortica’s then-current policies. However, Cortica will retain and use User Information as necessary to comply with legal obligations, resolve disputes, and enforce Cortica’s Terms of Use and Notice of Privacy Practices or other agreements. Any requests for such nullification will require verification of User’s identity. For nullification of User Information, or if you have any questions regarding this policy, please contact Cortica at info@corticacare.com.
9. DISCLAIMER AND LIMITATION OF LIABILITY. THIS WEBSITE CANNOT BE ABSOLUTELY PROTECTED AGAINST INTRUSION ATTEMPTS. CORTICA DOES NOT CONTROL THE DEVICES, COMPUTERS, OR INTERNET CONNECTIONS OVER WHICH YOU MAY CHOOSE TO SEND USER INFORMATION, AND, THEREFORE, CANNOT PREVENT INTERCEPTIONS OR COMPROMISES OF YOUR INFORMATION WHILE IN TRANSIT TO, OR ENTERED OR STORED ON OR IN, THE CORTICA WEBSITE. CORTICA MAKES NO GUARANTEE AS TO, AND HEREBY DISCLAIMS ALL LIABILITY WITH RESPECT TO, THE SECURITY, INTEGRITY, OR CONFIDENTIALITY OF ANY USER INFORMATION TRANSMITTED TO OR FROM, OR STORED WITHIN, THIS WEBSITE. YOU ASSUME THE SOLE RISK OF USING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BY TRANSMITTING USER INFORMATION TO CORTICA THROUGH THE WEBSITE. IN NO EVENT SHALL CORTICA BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, OR FOR ANY FEES AND PENALTIES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR CONNECTIVITY TO OR FROM THIS WEBSITE IN ANY MANNER, INCLUDING YOUR DISCLOSURE OF USER INFORMATION TO CORTICA.
10. Choices Available to Users. Users can choose not to provide certain User Information, but the failure to provide certain User Information may result in the User being unable to use certain features of the Website or services, such as registration and use of teleconsultation services. Users can correct, delete inaccuracies, change or remove account information at any time by adjusting the User profile.
11. Electronic Communications from Cortica. By using the Website, You hereby consent to Cortica and/or third parties acting on behalf of Cortica sending to User electronic messages relating to Cortica’s services and the business of Cortica. Users may choose whether to receive communications from Cortica or third parties with which Cortica has a commercial relationship by adjusting the User profile. Users who need assistance opting out of communications can contact Cortica at info@corticacare.com. Users will be given the opportunity, in any commercial email sent by Cortica, to opt-out of receiving such communications in the future using the link at the bottom of the email, although Users may not opt-out of receiving administrative emails. It may take up to 10 days to process an opt-out request. Opting out of Cortica communications will not automatically opt User out of third-party linked Websites.
12. Public Forums. Any User Information disclosed in public areas of the Website, such as message boards, becomes publicly-available information, and Users should exercise caution when deciding to disclose such User Information publicly. Cortica expressly disclaims, and each User expressly releases Cortica from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts by Users or third parties with respect to such User Information. To request removal of User Information from Cortica’s public areas, contact Cortica at info@corticacare.com. In some cases, Cortica may not be able to remove User Information, in which case Cortica will let User know if and why it is unable to do so.
13. Protection of Children’s Privacy. The Website is not directed to children, and Cortica does not anticipate that the Website is likely to be accessed by children. Therefore, Cortica does not intend to collect information from individuals under 18 years of age or who have not been legally emancipated. If it is discovered that Cortica has inadvertently collected information from an individual not meeting these requirements, Cortica will promptly take all reasonable measures to delete that data from databases and systems.
14. Governing Law. This Privacy Policy shall be construed in accordance with the laws of the State of Delaware.
15. In alignment with BACB ethical guidelines, Cortica does not permit clinical employees to solicit or use testimonials about behavior-analytic services from current patients on their webpages or in any other electronic or print material. If Cortica utilizes current or past patients to share stories, employees do not solicit individual patients and opt to use an open casting call approach, or use stories provided unsolicited by patients. Such activities are not scheduled during regular treatment hours. Cortica provides opportunities for patient video or photo releases to be renewed annually and provides clear instructions regarding how to revoke consent, if requested.
16. Contacting Cortica. If you have questions about this Privacy Policy, please contact Cortica by email at: info@corticacare.com or by mail: 7090 Miratech Dr., San Diego, CA 92121.