WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THIS PRIVACY POLICY. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR SERVICES, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THIS PRIVACY POLICY.
Basil Therapy, Inc. (“Basil Therapy,” “we,” “us,” or “our”) respects the privacy of its Users (“User,” “your,” or “you”). This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard your information when you use Basil Therapy Platform (the “Platform”) through Basil Therapy’s website at https://theradriver.com/ (the “Website”) or Basil Therapy offers a SaaS system of record for behavioral health clinics (“Services”). Basil Therapy is committed to protecting the privacy of its Users whose information is collected and stored while using Basil Therapy’s Platform through our Website. This Privacy Policy is applicable to our Website, Platform and all applications offered for sale to the public. The capitalized terms have the same meaning as ascribed in our Terms of Use as applicable, unless otherwise noted here. PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING OR USING OUR WEBSITE AND PLATFORM, YOU AGREE TO ACCEPT ALL THE TERMS CONTAINED IN THIS PRIVACY POLICY AND ACKNOWLEDGE AND AGREE WITH THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS AND USE OUR WEBSITE AND PLATFORM. IF YOU HAVE ANY QUESTIONS REGARDING THIS PRIVACY POLICY, PLEASE SEND US AN EMAIL AT PRIVACY@THERADRIVER.COM. WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO. WE DO NOT GIVE ACCESS TO YOUR PERSONAL INFORMATION TO THIRD PARTIES EXCEPT TO SUBPROCESSORS TO ASSIST US IN THE PROVISION OF OUR SERVICES TO YOU. In addition, even though Basil Therapy is not a “covered entity” as defined in the Health Insurance Portability and Accountability Act (“HIPAA”), healthcare providers (“Provider”) on or assigned through our Services may be a “covered entity” and therefore subject to the provisions of HIPAA. As a result, for Providers has adopted a HIPAA Notice of Privacy Practices (the “Notice of Privacy Practices”) to describe how each Provider uses and discloses protected health information (“PHI”) and we have a adopted a HIPAA Disclaimer as detailed in Section 14. Basil Therapy has agreed that its collection, use and disclosure of PHI on behalf of a Provider will be done consistent with the Provider’s Notice of Privacy Practices except to the extent any User has authorized additional uses and disclosures under this Privacy Policy or other provisions of our Terms of Use . By accessing or using our Service, you accept the practices and policies outlined in this Privacy Policy; you hereby consent that we will collect, use and disclose your information as set forth in this Privacy Policy; and you acknowledge receipt of our HIPAA Disclaimer and Provider’s Notice of Privacy Practices, as applicable. If you are using our Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Privacy Policy and the Provider’s Notice of Privacy Practices on such individual’s behalf. We will not disclose, share, sell or rent your information with or to any third party (except to the extent we disclose to Providers, emergency contacts, and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Basil Therapy’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person. We may use or disclose your email address, but never PHI, information to market a product or service, either directly, or through a service provider or partner that performs services on our behalf.
Our Website and Platform are only available for use and download in the United States. Our Website and Platform are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website or Platform If you are a resident in the United States of America (“US”), you must comply with our Terms and our Privacy Policy. You must comply with this Privacy Policy and our Terms of Use as applicable. If you have any questions regarding this Section, please email us at privacy@theradriver.com.
When you register to use our Website or Platform, we collect personal information (also referred to as personally identifiable information or “PII”) which may include your name, online contact information such as your email address or username, phone number, and other personal information. The information so collected will be stored on our servers. You are able to change your personal information via email by contacting us at privacy@theradriver.com or through your profile or account settings on our Website or Platform. Financial Information. We currently do not collect or store any credit cards or bank information, as we are using a third-party payment processor. However, we will update this Privacy Policy when we start using and storing such information. We will also inform you via reasonable means if we start collecting such information from you. Photograph and audio. We may collect photograph, video or audio file containing an image or voice in order to provide our Services to you when creating videos for technician and parent training. Personal Health Information (“PHI”): In addition to the information, we collect directly from you, we may also collect certain information from you and your health care provider who provide treatment or other services to you in connection with our Services as indicated in Section 15.
We collect personal information from you in the following ways:
We use the information that you provide to:
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this Privacy Policy, we refer to all of these technologies as “Cookies.”
We use Cookies on our Website to:
You can set your browser to refuse all or some browser Cookies. We honor Do Not Track signals, and if one is in place, we will not track, plant cookies, or use advertising. We allow third-party behavioral tracking and links to third-party web pages. We do not include or offer third-party products or services on our Website or Platform.
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information 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 Website is committed to ensuring the security and privacy of your information. To achieve this, we have implemented the following measures:
Your security and privacy are of utmost importance to us, and we continuously strive to maintain the highest standards in protecting your information.
We have implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. Your information is stored on our secure servers behind firewalls. However, please note that the internet transmission of information is not entirely secure. While we do our best to protect your data, we cannot guarantee its security. Any transmission of personal information is at your own risk.
The safety and security of your information also depend on you. If you have a password for access to certain parts of our Website or Platform, it is your responsibility to keep it confidential. Do not share your password with anyone.
We are not responsible for the circumvention of any privacy settings or security measures on our Website or Platform.
In the event of a personal data breach, we commit to notifying you within fifteen (15) days via email. We adhere to the individual redress principle, which allows individuals to pursue legally enforceable rights against data collectors and processors who do not comply with the law. This principle ensures that individuals not only have enforceable rights but also have recourse to courts or government agencies for investigating and prosecuting non-compliance by data processors.
We utilize open-source software in providing our Services. More information about the open-source software we use can be found here.
There are times when we may share Personal Information that you have shared with us may be shared by Basil Therapy with others to enable us to provide you over Services, including contractors, service providers, and third parties (“Partners”). This section discusses only how Basil Therapy may share such information with Partners. We will ensure that our Partners protect your Personal Information. The following describe how and with whom we may share your Personal Information:
California Civil Code. Basil Therapy does not sell, trade, or otherwise transfer to outside third parties your “Personal Information” as the term is defined under the California Civil Code Section § 1798.82(h). Additionally, California Civil Code Section § 1798.83 permits Users of our Website or Platform that are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make a request for such disclosure, or identification and/or deletion of Personal Information in all our systems that we store on you, please send an email to privacy@theradriver.com. Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you, and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. If you would like to discuss our Personal Information storage and processing process with us, please send us an email at privacy@theradriver.com.
This Privacy Policy explains how we collect, use, and disclose your Personal Information in the Sections above. This Section describes how to exercise your rights under the various state privacy laws as detailed below (“State Privacy Laws”).
i. MassachusettsThe Massachusetts Data Protection Law (201 CMR 17.00), sets standards for the protection of personal information of residents of Massachusetts. Residents of Massachusetts have the following rights under Massachusetts law (i) the right to request access to their personal information that is held by us and to receive a copy of that information; (ii) the right to request the correction of any inaccurate or incomplete personal information; (iii) the right to request that we delete your personal information; (iv) the right to opt-out of the collection, use, or disclosure of your personal information for marketing purposes; (v) the right to be notified in the event of a data breach involving their personal information; and (vi); the right to Opt-in for collection, use or disclosure of Sensitive Personal Information. Further, you have the right to file a complaint with the Massachusetts attorney general if you believe we have violated the Massachusetts Data Protection Law by calling (617) 727-8400 or filing a complaint at https://www.mass.gov/how-to/file-a-consumer-complaint.
ii. ColoradoThe Colorado Privacy Act (Colo. Rev. Stat. § 6-1-1301 et seq.) protects the privacy of Colorado consumers. This law does not currently apply to us, but we will amend our Policy to reflect when it does.
iii. ConnecticutBasil Therapy does not sell, trade, or otherwise transfer to outside third parties your “Personal Data” as the term is defined under Connecticut’s Privacy Act and Act Concerning Personal Data Privacy and Online Monitoring. This law does not currently apply to us, but we will amend our Policy to reflect when it does.
iv. UtahOn March 24, 2022, Utah enacted the Utah Consumer Privacy Act (UCPA § 13-61-102(1)) which will go into effect on December 31, 2023. This law does not currently apply to us, but we will amend our Policy to reflect when it does.
v. New YorkThe New York Privacy Act sets strict rules about how businesses must handle consumers’ personal information and gives individuals new rights concerning data. New York residents have the rights to (i) access, correct, deletion, and disclosure regarding your Personal Information; and (ii) know what personal information is being collected about them, how it is being used, and with whom it is being shared.
vi. VirginiaThe Virginia Consumer Data Protection Act (Va. Code § 59.1-571 et seq.) effective from January 1, 2023 provides Virginia residents with certain rights regarding the collection, use, and sharing of their personal information. This law does not currently apply to us, but we will amend our Policy to reflect when it does.
To exercise any of the rights mentioned in Section 11, please (i) send an email to privacy@theradriver.com. Note that (i) if we delete your Personal Information as requested, we will no longer be able to provide our services to you, and (ii) we may need to keep such Personal Information for a while during the shutting down and billing process. We have appointed a Privacy and Data Protection Officer, Raj Semlawat, to make sure the privacy rights of our Users are protected.
The Children’s Online Privacy Protection Act (“COPPA”) is a federal legislation that applies to entities that collect and store “Personal Information,” as the term is defined under COPPA, from children under the age of 13. We are committed to ensure compliance with COPPA. Our Website and Platform are not meant for use by children under the age of 13. Our Website and Platform do not target children under the age of 13, but we do not age-screen or otherwise prevent the collection, use, and personal disclosure of persons identified as under 13. If you would like to know more about our practices and specifically our practices in relation to COPPA compliance, please email us at privacy@theradriver.com.
IF YOU ARE UNDER 13, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLATFORM.
The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have businesses stop emailing them, and spells out penalties for violations. Per the CAN-SPAM Act, we will:
If you wish to opt out of email marketing, follow the instructions at the bottom of each email or contact us at privacy@theradriver.com, and we will promptly remove you from all future marketing correspondences.
a. PHI“Protected Health Information” or “PHI” means health information, including identifying information about you, we have collected from you or received from your health care providers, health plans, your employer or a health care clearinghouse. It may include information about your past, present or future physical or mental health or condition, the provision of your health care, and payment for your health care services
b. Use of PHIWe may use your PHI for the following
c. Your Rights:The health record we maintain, and billing records are the physical property of Basil Therapy. The information in it, however, belongs to you. You have a right to:
If you want to exercise any of the above rights, please contact us at, privacy@theradriver.com. and at Basil Therapy Health, Inc., 1 Bluxome Street Apt 411 San Francisco, CA 94107. We will provide you with assistance on the steps to take to exercise your rights. You have the right to review this Disclaimer before signing the consent authorizing use and disclosure of your PHI for treatment, payment, and health care operations purposes.
d. Our Obligations:Basil Therapy shall:
e. Changes to this Disclaimer:We reserve the right to amend, change, or eliminate provisions in our privacy practices and access practices and to enact new provisions regarding the PHI we maintain. If our information practices change, we will amend our Disclaimer. You are entitled to receive a revised copy of the Disclaimer by calling and requesting a copy of our Disclaimer or by visiting our office and picking up a copy. If you have any questions about this notice, kindly contact us at privacy@theradriver.com.
We will post any changes to this Privacy Policy in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review this Privacy Policy. Notwithstanding if you continue to use our services, you are bound by any changes that we make to this Privacy Policy.
Basil Therapy uses the following third-party service providers for the provision of services as detailed under the Terms of Use , as applicable
Additionally, if you have any questions or concerns about our third-party service providers, please email us at privacy@theradriver.com.
If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Basil Therapy’s Copyright Agent to receive DMCA Takedown Notices is [Malavica Sridhar], at mal@theradriver.com and at Basil Therapy, Attn: DMCA Notice, 1 Bluxome Street Apt 411 San Francisco, CA 94107. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Basil Therapy in connection with the written notification and allegation of copyright infringement.
Basil Therapy represents and warrants that it is fully aware of and will comply with, and in the performance of its obligations hereunder will not take any action or omit to take any action that would cause it or its customers to be in violation of, (i) U.S. Foreign Corrupt Practices Act, (ii) U.K. Anti-Bribery Act, (iii) India Prevention of Corruption Act of 1988, or (iv) any other applicable anti-bribery statutes and regulations, and (v) any regulations promulgated under any such laws. Basil Therapy represents and warrants that neither it nor any of its employees, officers, or directors is an official or employee of any government (or any department, agency or instrumentality of any government), political party, state owned enterprise or a public international organization such as the United Nations, or a representative or any such person (each, an “Official”). Basil Therapy further represents and warrants that, to its knowledge, neither it nor any of the Officials has offered, promised, made or authorized to be made, or provided any contribution, thing of value or gift, or any other type of payment to, or for the private use of, directly or indirectly, any Official for the purpose of influencing or inducing any act or decision of the Official to secure an improper advantage in connection with, or in any way relating to, (A) any government authorization or approval involving Basil Therapy, or (B) the obtaining or retention of business by Basil Therapy. Basil Therapy further represents and warrants that it will not in the future offer, promise, make or otherwise allow to be made or provide any payment and that it will take all lawful and necessary actions to ensure that no payment is promised, made or provided in the future by any of the Officials.
To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:
PLEASE NOTE: IF YOU USE OUR WEBSITE OR PLATFORM, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF USE , AS APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE OR PLATFORM.
