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Privacy Policy

Effective date: January 1, 2025

This Privacy Policy describes how Elite Muscle Recovery (“we,” “us,” or “our”) collects, uses, discloses, and protects personal information through our website, booking system, SMS messaging, and clinical services. By visiting our website, submitting information, signing intake forms, or receiving services from our clinic, you agree to the terms of this policy.

Please contact us if you have questions about this policy or your privacy rights (contact details below).

  1. Contact Information
  1. Information We Collect

A. Information you provide directly

  • Contact details: full name, email address, phone number, postal address
  • Health and clinical information: medical history, symptoms, treatment notes, superbill/insurance information
  • Appointment and scheduling details
  • Payment details: processed via secure third-party processors (we do not store full card numbers)
  • Consent records for communications (SMS, email) including timestamps and capture method
  • Communications: messages, voicemails, and notes from phone or in-person conversations

B. Information we collect automatically

  • Usage data: IP address, device/browser type, pages visited, referral source, analytics
  • Cookies and similar technologies to support website functionality and analytics
  1. How We Use Your Information

We use collected data to:

  • Provide and manage clinical care and appointments
  • Communicate appointment confirmations, reminders, billing notices, and operational messages when you have consented
  • Process payments and generate superbills for possible insurance reimbursement
  • Improve our services, website, and client experience
  • Respond to inquiries and provide customer support
  • Comply with legal, regulatory, and record-keeping obligations
  1. SMS / A2P Messaging Details
  • Consent: We send SMS messages only to numbers with documented consent (online opt-in, phone intake, or signed forms). We retain consent records.
  • Message types: appointment confirmations, reminders, billing/superbill notices, and limited post-visit follow-ups. Marketing messages (offers/promotions) will only be sent to recipients who explicitly opt in to marketing.
  • Frequency & cost: Typical frequency is 1–3 messages per appointment; message & data rates may apply per your carrier.
  • Opt-out: Reply STOP to any message to unsubscribe. Reply HELP or contact (423) 228-8120 or elitemusclerecovery@gmail.com for assistance. Upon receipt of STOP, we will promptly stop sending non-essential messages to that number.
  • Security note: Standard SMS is not encrypted. Avoid sending sensitive health details by text; request a secure alternative (secure portal or encrypted email) if needed.
  1. How We Share Information

We may share your information only in limited circumstances:

  • With your consent or at your direction
  • With service providers who perform functions on our behalf (payment processors, booking platforms, SMS providers, and electronic medical record vendors). We require these partners to maintain appropriate safeguards and enter into agreements when needed (including Business Associate Agreements where applicable).
  • With other healthcare providers involved in your care when authorized or necessary for treatment
  • To comply with legal obligations or to protect our legal rights
  1. Health Information, HIPAA, and Your Rights
  • HIPAA compliance: Elite Muscle Recovery is a HIPAA-covered entity. We maintain administrative, technical, and physical safeguards to protect protected health information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA).
  • Business Associates: Where we use third-party vendors who handle PHI (e.g., EMR systems, secure billing processors, SMS gateways), we enter into Business Associate Agreements that require those vendors to protect PHI and limit uses/disclosures.
  • Secure communications: Because SMS and standard email are not secure by default, we will provide secure alternatives (secure patient portal or encrypted email) on request for transmitting sensitive health information.

Your HIPAA rights include:

  • Right to access: You may request a copy of your medical records and other PHI that we maintain.
  • Right to amend: You may ask us to amend PHI if you believe it is incorrect or incomplete.
  • Right to an accounting of disclosures: You can request a list of certain disclosures of your PHI made by us.
  • Right to request restrictions: You may request restrictions on certain uses and disclosures of your PHI; we will consider such requests and will comply when required by law.
  • Right to request confidential communications: You may request that we communicate with you by alternative means or at alternative locations.
  • To file a HIPAA complaint: If you believe your HIPAA rights have been violated, you may file a complaint with Elite Muscle Recovery (contact above) or with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) at https://www.hhs.gov/ocr.

To exercise any of these rights, contact us at elitemusclerecovery@gmail.com or (423) 228-8120. We will respond within the timeframes required by law.

  1. Data Retention

We retain personal and medical records for the period necessary to provide services, meet legal obligations, and for legitimate business purposes. Typical retention periods are:

  • Clinical records: 7 years (or as required by state law)
  • Billing records: 7 years
  • Consent & messaging logs: 3 years

We will securely delete or de-identify information when retention is no longer required, subject to legal obligations.

  1. Your Rights & Choices
  • Access & correction: You may request access to or correction of your personal information or medical records. Contact us at elitemusclerecovery@gmail.com or (423) 228-8120.
  • Deletion: You may request deletion of certain personal data; note we may need to retain records for legal or medical reasons.
  • Opt-out: Reply STOP to SMS messages to unsubscribe from further messages. For email unsubscribes, use the unsubscribe link provided in emails.
  • Marketing preferences: You can opt out of promotional communications at any time; transactional messages related to appointments or billing may still be sent unless you request otherwise.
  1. Cookies & Analytics

We use cookies and similar technologies to operate and improve our website. You can set your browser to refuse cookies, but some site features may not function properly without them. Our analytics providers may collect aggregated usage information.

  1. Third-Party Links & Services

Our site may contain links to third-party websites or use third-party services (booking platforms, analytics, payment processors, SMS gateways). These third parties have their own privacy policies and are responsible for their own practices. We require vendors handling PHI to sign appropriate data protection agreements where required.

  1. Security

We implement reasonable administrative, technical, and physical safeguards to protect personal information. However, no method of transmission or electronic storage is 100% secure. We cannot guarantee absolute security and are not responsible for unauthorized access beyond our control.

  1. Children

Our services are not directed to children under the age of 16. We do not knowingly collect personal information from children. If you believe we have inadvertently collected such information, contact us and we will promptly delete it.

  1. Changes to this Policy

We may update this Privacy Policy periodically. We will post the updated policy on our website with a revised effective date. Major changes will be communicated by email or by notice on our site.

  1. Contact & Complaints

For privacy questions, data access requests, HIPAA requests, or to report a concern, contact us:

If you are located in a jurisdiction with specific privacy laws, you may have additional rights. Contact us for details.

  1. Governing Law

This Privacy Policy is governed by the laws of the State of Tennessee. Any disputes will be subject to the jurisdiction of the courts located in Tennessee, unless otherwise required by applicable law.

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