Privacy Policy
PLEASE READ THIS PRIVACY POLICY CAREFULLY. By accessing or using this website, submitting any form, or engaging with Holistic Minds Psychiatry ("Practice," "we," "us," or "our") in any capacity, you acknowledge that you have read, understood, and agreed to this Privacy Policy in its entirety. If you do not agree, you must immediately discontinue use of this website and our services. This Policy does not create a physician-patient relationship, a contractual obligation, or any legal duty beyond what is expressly required by applicable federal and New York State law.
1. Scope — What This Policy Covers and What It Does Not
This Privacy Policy governs only information collected through this website (holisticmindspsychiatry.com), including contact forms, online screening tools, and general digital inquiries. It does NOT govern Protected Health Information (PHI) collected during the course of clinical care. PHI generated through treatment, evaluation, or medication management is governed exclusively by our separate Notice of Privacy Practices (NPP), which is provided to patients at intake as required by HIPAA. Nothing in this Privacy Policy modifies, supplements, or supersedes the NPP. In the event of any conflict between this Policy and the NPP regarding PHI, the NPP controls.
2. Information We Collect
We collect only the information you voluntarily provide or that is automatically generated by your use of this website. This includes: (a) Identifiers — name, email address, phone number, and IP address; (b) Self-reported health information — responses to online screening tools (e.g., GAD-7, PHQ-9, ASRS), which you submit voluntarily and at your own discretion; (c) Usage data — browser type, device information, pages visited, and referring URLs, collected via server logs; (d) Communications — messages submitted through our contact form. We do not collect Social Security numbers, payment card data, or financial account information through this website. You are not required to submit any personal information to browse this website.
3. How We Use Your Information — Strictly Limited Purposes
We use collected information solely for the following purposes: responding to your inquiry or scheduling request; delivering and scoring online screening tools and transmitting results to you and our clinical team; sending appointment-related communications; improving website functionality; and complying with legal obligations. We do not sell, rent, license, or trade your personal information to any third party for any purpose, including marketing. Any use of your information beyond these stated purposes requires your prior written consent, except where disclosure is required by law.
4. HIPAA Compliance — Scope and Limitations of Our Obligations
Holistic Minds Psychiatry is a covered entity under HIPAA (45 CFR Parts 160 and 164). Our HIPAA obligations apply to PHI created, received, or maintained in the course of providing healthcare services — not to general website usage data. Online screening tool responses submitted through this website are treated as PHI and handled accordingly. We implement administrative, physical, and technical safeguards to protect ePHI. IMPORTANT: Submitting information through this website does not establish a clinical relationship, does not constitute a medical record, and does not trigger all HIPAA patient rights applicable to formal treatment records. Your full HIPAA rights with respect to clinical records are described in our Notice of Privacy Practices.
5. New York Mental Hygiene Law — Confidentiality of Mental Health Information
Mental health records are protected under New York Mental Hygiene Law § 33.13. The Practice will not disclose any mental health information to any third party — including family members, employers, law enforcement, or insurers — without your explicit written authorization, except as required by law (e.g., imminent danger to self or others, mandatory reporting obligations, or valid court order). This protection applies regardless of who requests the information. Unauthorized attempts to obtain another person's mental health information through this website will be reported to appropriate authorities.
6. New York SHIELD Act — Data Security
We comply with the New York SHIELD Act (NY General Business Law § 899-aa et seq.) and maintain reasonable administrative, technical, and physical safeguards proportionate to the size of our Practice and the sensitivity of the information we hold. These safeguards include encrypted data transmission (TLS/SSL), access controls, and periodic security reviews. In the event of a qualifying breach of your private information, we will notify you as required by the SHIELD Act. IMPORTANT LIMITATION: Despite our security measures, no internet transmission or electronic storage system is completely secure. We cannot and do not guarantee the absolute security of information transmitted to or stored on our systems. You transmit information to this website at your own risk. The Practice shall not be liable for any breach caused by factors outside our reasonable control, including third-party cyberattacks, user device compromise, or insecure network connections.
7. Online Screening Tools — No Diagnostic Value; No Clinical Relationship Created
The online screening tools available on this website (including GAD-7, PHQ-9, ASRS-v1.1, OCI-R, PCL-5, and MDQ) are standardized self-report instruments provided for informational and triage purposes only. THEY DO NOT CONSTITUTE A CLINICAL DIAGNOSIS, A MEDICAL OPINION, OR A TREATMENT RECOMMENDATION. Screening results are not a substitute for a comprehensive psychiatric evaluation by a licensed provider. Submission of a screening tool does not create a physician-patient relationship, does not obligate the Practice to provide services, and does not guarantee an appointment. The Practice expressly disclaims any liability for decisions made by any person in reliance on screening tool results.
8. Third-Party Service Providers — Limited Disclosure
We may share your information with third-party vendors who support our website operations, including email delivery, appointment scheduling, and analytics platforms. All such vendors are contractually required to: (a) use your information only as directed by the Practice; (b) maintain appropriate security measures; and (c) not use your information for their own commercial purposes. Where required by HIPAA, we execute Business Associate Agreements (BAAs) with vendors who may access PHI. We are not responsible for the independent privacy practices of third-party platforms you access through links on our website.
9. Cookies and Analytics
This website uses essential cookies required for basic functionality and, where applicable, analytics cookies (e.g., Google Analytics) to understand aggregate site usage. We do not use cookies to collect PHI, track individual health information, or serve targeted advertising. You may disable cookies in your browser settings at any time; however, some website features may not function properly without them. Your continued use of this website after being notified of our cookie practices constitutes your consent to their use.
10. Communications Consent — Email and Text
By submitting your contact information through this website, you expressly consent to receive communications from the Practice related to your inquiry or care. We comply with the CAN-SPAM Act for email and the TCPA for text messages. You may opt out of non-essential communications at any time by replying STOP to any text message or clicking the unsubscribe link in any email. Opting out of communications does not affect your right to receive legally required notices. Standard message and data rates may apply to text messages.
11. Minors — Strictly Prohibited
This website and all services offered by Holistic Minds Psychiatry are intended exclusively for adults aged 18 and older physically located in New York State. We do not knowingly collect, solicit, or retain personal information from any individual under the age of 18. If you are under 18, you are prohibited from using this website or submitting any information. If we discover that we have inadvertently collected information from a minor, we will delete it immediately. Any person who submits information on behalf of a minor without authorization does so in violation of these terms and assumes full responsibility for any consequences.
12. Data Retention
Website-collected personal information is retained only as long as necessary to fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, and enforce our agreements. Clinical records are retained in accordance with New York Education Law § 6530(32), which requires a minimum retention period of six years from the date of service. After the applicable retention period, information is securely destroyed. Retention of your information does not imply any ongoing clinical relationship or obligation to provide future services.
13. Your Privacy Rights — How to Submit a Request
Subject to applicable law and the limitations described in this Policy, you may have the right to: (a) request access to personal information we hold about you; (b) request correction of inaccurate information; (c) request deletion of your information, subject to legal retention requirements and our right to retain information necessary to defend against legal claims; and (d) opt out of non-essential communications. To submit a privacy rights request, you must contact us IN WRITING — by email to [email protected] or by mail to Suite 4004 A, 2116 Merrick Ave, Merrick, NY 11566. Verbal or phone requests will not be accepted for privacy rights matters. We will acknowledge receipt of your written request within 10 business days and provide a substantive response within 60 days of receipt, as permitted under HIPAA (45 CFR § 164.524) and applicable New York law. If additional time is required, we will notify you in writing within the initial 60-day period and may extend our response by up to an additional 30 days, for a maximum total response period of 90 days. Requests that are frivolous, vexatious, repetitive, or made in bad faith may be denied. We reserve the right to require verification of your identity before processing any request.
14. Limitation of Liability — Privacy Claims
TO THE FULLEST EXTENT PERMITTED BY NEW YORK LAW, THE PRACTICE, ITS OWNERS, PROVIDERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO ANY ALLEGED PRIVACY VIOLATION, DATA BREACH, OR UNAUTHORIZED DISCLOSURE, REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL THE PRACTICE'S TOTAL LIABILITY FOR ANY PRIVACY-RELATED CLAIM EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE CLAIMANT TO THE PRACTICE IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). This limitation applies to the maximum extent permitted by law and reflects a reasonable allocation of risk between the parties.
15. No Waiver of Rights; Reservation of Defenses
Nothing in this Privacy Policy shall be construed as a waiver of any right, defense, or immunity available to Holistic Minds Psychiatry or its providers under applicable federal or New York State law, including but not limited to: qualified immunity, professional judgment protections, the New York Public Health Law, the New York Education Law, HIPAA preemption provisions, and any applicable statute of limitations. The Practice expressly reserves all rights and defenses available at law and in equity. Compliance with this Privacy Policy does not constitute an admission of liability for any past, present, or future claim.
16. Governing Law; Dispute Resolution; Jurisdiction
This Privacy Policy is governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Privacy Policy or any alleged privacy violation shall be subject to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York. Before initiating any legal or administrative proceeding against the Practice based on an alleged privacy violation, you must provide written notice to the Practice describing the alleged violation in detail and allow the Practice 60 days to investigate and respond. Failure to provide this pre-dispute notice bars any subsequent legal action.
17. Changes to This Privacy Policy
The Practice reserves the right to modify this Privacy Policy at any time, for any reason, without prior notice, except as required by law. Changes take effect immediately upon posting to this website with an updated "Last Updated" date. Your continued use of this website or services after any modification constitutes your unconditional acceptance of the revised Policy. It is your sole responsibility to review this Policy periodically. The Practice is not obligated to notify you individually of changes.
18. Contact Us — Privacy Inquiries
For privacy-related inquiries, written requests, or to report a concern, contact us: Holistic Minds Psychiatry | Suite 4004 A, 2116 Merrick Ave, Merrick, NY 11566 | Phone: (516) 399-5212 | Email: [email protected]. Written requests only are accepted for privacy rights matters. For HIPAA complaints, you may also contact the U.S. Department of Health and Human Services Office for Civil Rights at www.hhs.gov/ocr. Filing a complaint with HHS OCR does not suspend the pre-dispute notice requirement described in Section 16.
Privacy inquiries must be submitted in writing. Email [email protected] or mail to Suite 4004 A, 2116 Merrick Ave, Merrick, NY 11566. We respond within 60 days of receipt. For HIPAA complaints: www.hhs.gov/ocr.