Privacy Policy

Last updated: November 19, 2024

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information and tells you about your privacy rights and how the law protects you.

We use your personal data to provide medical treatment, communicate with you regarding your appointment, and bill your insurance(s).  You agree to the collection and use of information in accordance with this Privacy Policy. 

For the purposes of this Privacy Policy:

Account means a unique account created for when our office provides medical treatment.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to David H Warby DPM PC, (or DBA Foot Ankle Doctor) 2950 N Church St, Suite 303, Layton UT 84040. This includes our office in Layton or West Haven, or when services are provided at a hospital, surgery center, or lab.

Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.

Country refers to: Utah, United States

Device means any device that can access our website or email, such as a computer, a cellphone or a digital tablet.

HIPAA stands for Health Insurance Portability and Accountability Act. Passed in 1996 HIPAA is a federal law that sets a national standard to protect medical records and other personal health information.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the website / communication with patients / medical treatment / office.

Service Provider means any natural or legal person who processes the data on behalf of the company. It refers to third-party companies or individuals employed by the company to facilitate the service, to provide the service on behalf of the company, to perform services related to the service or to assist the company in analyzing how the service is used.

Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit).

Website refers to Foot Ankle Doctor (our company), accessible from http://www.foot-ankle-doctor.com

You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

While using our service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

Email address; Date of Birth; First name and last name; Phone number; Address, State, Province, ZIP/Postal code, City; Insurance companies; Insurance cards and ID numbers 

The Company may use Personal Data for the following purposes:

Communication: Our company communicates with patients / vendors / hospitals / surgery centers / insurance companies / business affiliates as part of the normal day to day medical practice.  HIPAA standards are always maintained.

To contact you: Phone call - We call our patients from our office phone number. 

SMS / Text - We can also text patients from our office phone number.  No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

Email - We send emails to patients from our office and usually new patient forms and consents by email.

For patients specifically, we communicate by phone call, texting from our office phone number, and email. Sometimes letters or postcards are used if necessary. We use this information only for communication and we don’t sell or transfer your Personal Data to any third party. Your Personal Data is kept safe in your health information record. To contact you by email, telephone calls, SMS (text), or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, office updates and information, including the security updates, when necessary or reasonable for their implementation. You may contact our office at any time to have your email address removed from our periodic office email updates.

To provide and maintain our service, including to monitor the usage of our service.

To manage your account: to manage your registration as a user of the service. The personal data you provide can give you access to different functionalities of the service that are available to you as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with us through the service.

To provide you with news, special offers, office updates, and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.

To manage your requests: To attend and manage your requests to us.

For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our service users is among the assets transferred.

For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, services, marketing and your experience.

We may share your personal information in the following situations:

· HIPAA Standards: Our office follows standard HIPAA policies in maintaining and protecting your personal information, which is common among doctors offices.

· With Insurance Companies: We may share your personal information with insurance companies as part of the normal billing process of claims, including your personal data, insurance ID numbers, and billing codes based on medical treatment. This is also used for prior authorization requests, billing questions, and questions regarding treatment, in the normal usage as a medical office.

· With Business Affiliates: We may share your information with our affiliates, such as medical supply companies, labs, hospitals, surgery centers, or custom DME labs, in which case we will require those affiliates to honor this Privacy Policy and HIPAA Standards. Affiliates include the normal companies associated with medical and surgical treatment pertaining to your health and treatment. Examples include scheduling surgeries, ordering labs, or having items made by a company for you, etc.

· With Your consent: We may disclose your personal information for any other purpose with your consent in writing.

The Company will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Our company will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, is processed at our main office and in any other places where the parties involved in the processing are located (such as insurance companies, some are in this state and others are out of state). It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. For example, we bill your insurance company and they are located in another state.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Our company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

· Comply with a legal obligation

· Protect and defend the rights or property of the company

· Prevent or investigate possible wrongdoing in connection with the service

· Protect the personal safety of users of the service or the public

· Protect against legal liability

The security of your personal data is important to us, but remember that no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

Our service may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We may update Our Privacy Policy from time to time. This will be identified on our website "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, you can contact us by phone number: 801.544.9441.