Privacy Policy for Kale Diagnostics
Last Updated: November 4, 2024

Kale Diagnostics (“we,” “us,” or “our”) is committed to protecting your privacy and ensuring transparency regarding how we handle your personal information. This Privacy Policy explains how we collect, use, store, and protect information gathered through our website, general application forms, client platform, and messaging services. By using our website and services, you agree to the practices outlined in this Privacy Policy.

1. Information We Collect

We collect information in several ways:

• General Application Form: When you apply to work with us, we collect general information, such as your name, contact details, and general health interests via our online application form. This form gathers preliminary, non-sensitive information to help us assess your needs. Note: This form is not HIPAA-compliant, as it does not collect detailed health information.

• Personal and Health Information: If you choose to proceed with our services, we collect more detailed personal and health information, including medical history, health goals, and lab results. All health-related information is securely managed through Practice Better, a HIPAA-compliant platform designed to handle sensitive health data. Only authorized Kale Diagnostics staff can access this information, and all staff members are trained in privacy best practices.

• Messaging Services: With your explicit consent, we may use SMS or other messaging services to send general wellness tips, appointment reminders, updates, and similar general information. We do not share sensitive health information over SMS. To comply with A2P (Application-to-Person) messaging regulations, we require users to opt in by providing their phone number or signing up through specific consent forms. You may opt out of receiving messages at any time by following opt-out instructions (e.g., replying “STOP” to an SMS). We may collect message interaction data to improve service and ensure message delivery.

• Payment Information: Payment details collected for services are securely processed by third-party payment providers, ensuring data is handled in compliance with industry standards.

• Technical and Website Usage Information: We collect certain technical information to improve our website and provide a better user experience, including:

  • Device and Browser Information: Details such as IP address, browser type, operating system, device information, language settings, and screen resolution.

  • Website Interaction Data: Data on pages visited, time spent on our site, and clicks to help us understand user interactions and optimize website functionality.

  • Location Information: General geolocation information based on your IP address to personalize content and improve services.

  • Cookies and Tracking: Cookies and similar technologies collect information about your interactions with our website, helping us track usage patterns and improve functionality. You can disable cookies in your browser settings, though some features may be affected.

2. How We Use Your Information

We use the information collected to:

• Process applications and respond to inquiries.

• Provide, personalize, and improve our services, including consultations, health assessments, and secure messaging.

• Communicate with you via A2P-compliant messaging (e.g., SMS reminders and wellness tips) if you have opted in. Frequency of messages may vary, and instructions are provided for opting out at any time.

• Process payments and manage your account.

• Conduct anonymized research and analysis to enhance our offerings.

• Improve our website functionality and user experience based on usage data.

3. Data Protection and Compliance with Practice Better and Messaging Regulations

For client services, data processing and HIPAA compliance are managed through Practice Better, a secure platform built to handle sensitive health data.

• Practice Better Compliance: Once you proceed with our services, personal and health information is securely stored and processed on Practice Better. Only authorized Kale Diagnostics staff can access your information, and all staff members are trained in data privacy best practices.

• A2P Messaging Compliance: Our messaging practices comply with A2P regulations, including the Telephone Consumer Protection Act (TCPA).

  • Opt-In Consent: We require explicit consent for messaging via opt-in forms.

  • Opt-Out Options: You may opt out at any time by replying “STOP” to an SMS or contacting us for assistance. Following opt-out, your information related to messaging will be removed to comply with A2P standards.

  • Data Security: Messaging data, including phone numbers and interaction records, is stored securely and only accessible to authorized personnel. Sensitive health information is never shared via SMS.

4. Information Sharing

We do not sell or lease your information to third parties. We may share your information only in the following cases:

• Service Providers: We work with trusted third-party providers to support our operations, including payment processing, communication services, and website hosting.

• Legal Requirements: We may disclose information when required by law or to protect our legal rights, comply with legal processes, or respond to lawful requests from public authorities.

• With Consent: We may share your information with third parties if you provide explicit consent for a specific purpose.

5. Retention of Information

We retain information only as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. Information collected through messaging services is retained only as long as needed to provide services and is deleted if you opt out. Data managed through Practice Better is retained according to HIPAA requirements and Practice Better’s data retention policies.

6. Your Rights

Depending on your location, you may have rights related to your information, including:

• Access and Correction: Request access to or correction of your personal information.

• Deletion and Restriction: Request deletion of information or restriction on processing where applicable.

• Data Portability: Request your information in a structured, commonly used format.

• Messaging Opt-Out: If you no longer wish to receive SMS messages, you may opt out by replying “STOP” or contacting us for assistance.

7. Cookies and Tracking Technologies

Our website uses cookies and similar tracking technologies to improve user experience and analyze site performance. You can disable cookies through your browser settings, though this may impact certain features.

8. Children’s Privacy

Our services are not intended for individuals under 18. We do not knowingly collect information from minors. If we learn that we have collected information from a minor without parental consent, we will promptly delete that information.

9. Third-Party Links

Our website may contain links to third-party sites. This Privacy Policy applies solely to information collected by us, and we are not responsible for the privacy practices of third-party sites.

10. Limitations of Liability

While we strive to protect your personal information, Kale Diagnostics cannot guarantee absolute security due to the nature of internet-based communications and technology. By using our website and services, you acknowledge and agree that:

• Security Risks: No method of transmission over the internet or electronic storage is completely secure. Although we employ industry-standard measures to protect your information, we cannot guarantee its absolute security and cannot be held liable for unauthorized access beyond our control.

• Third-Party Actions: We are not responsible for any unauthorized actions by third parties or for circumstances beyond our reasonable control, such as security breaches, cyber-attacks, or other malicious activities.

11. User Responsibilities

To help us protect your information and minimize risks, we ask that you:

• Protect Account Information: Ensure your account credentials are kept private and secure, and contact us immediately if you believe your account has been compromised.

• Use Caution in Communications: Avoid sharing sensitive health information via SMS or other messaging services not explicitly intended for secure data sharing. Use Practice Better for any detailed health information you wish to discuss with us.

• Comply with Opt-Out Options: If you no longer wish to receive SMS or other communications, follow opt-out instructions promptly to stop receiving messages.

12. Legal Jurisdiction

This Privacy Policy and any disputes arising under it will be governed by the laws of the state of Texas, without regard to its conflict of law provisions. By using our website and services, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas.

13. Disclaimer of Warranties

To the fullest extent permitted by law, Kale Diagnostics disclaims all warranties, express or implied, regarding the security, accuracy, or reliability of our website, services, and any data collected. The website and all services are provided “as is” and “as available” without warranties of any kind.

14. Updates to This Privacy Policy

We may update this Privacy Policy periodically. Updates will be posted on our website, and we encourage you to review the policy regularly.

15. Contact Us

For questions regarding this Privacy Policy, data practices, or opting out of communications, please contact us at:

Kale Diagnostics
Email: hello@kalediagnostics
Address: 5717 Legacy Dr Suite 250, Plano, TX
Jurisdiction: Texas, United States