WEBSITE PRIVACY POLICY

Last Updated and Effective as of September 1, 2020.

Please read this Privacy Policy carefully before you use www.fxmigraine.com (the “Website”). The terms “you” or “yours” refer to the user of the Website. Your privacy is important to Herdell Migraine Institute, LLC doing business as Functional Wellness for Migraines (“FX Wellness,” “we,” “our,” or “us”) the owner of the Website. This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the Website, the ways in which we use, maintain, protect and disclose that information, and your rights with respect to such information.  By accessing or using this Website, you consent to this Privacy Policy and the data collection practices described herein, whether or not you have read it. If you do not agree to these terms, please do not access or use the Website. 

This Privacy Policy applies to information we collect on and through this Website including in email, text or other electronic messages between you and the Website. It does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, during a live interaction, via telephone, through the mail or as a client of FX Wellness). For avoidance of doubt, if you are a client of FX Wellness, it does not apply to your personal information stored on our HIPPA-secured electronic client portal. Information about privacy practices that discusses how we collect and treat information of clients of FX Wellness is supplied to new clients of FX Wellness upon registration and is located in the client portal. While there is a link to the client portal on this Website, the client portal is hosted on a separate server and is not part of this Website.

Changes to our Privacy Policy

We may need to and we reserve our right to change this Privacy Policy from time to time, in which case the updated Privacy Policy will be posted on this page and we will update the Effective Date at the top of the Privacy Policy to reflect the date of the changes. By continuing to use the Website after we post any such changes, you accept the Privacy Policy as modified, so please check this Privacy Policy from time to time to be aware of any modifications.

If we make material changes to how we treat our users’ personal information, we will notify you by through a notice on the Website home page.

Children Under the Age of 13 and Children’s Online Privacy Protection Act

This Website and any products and services offered herein are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect information from anyone under 13. FX Wellness prohibits children under the age of 13 from using all interactive portions of this Website, including leaving any comments, filling out forms, or otherwise submitting information and will not knowingly collect personally identifiable information from children under 13. If we learn we have collected or received any information from anyone under the age of 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@fxmigraine.com.

Information We Collect and How We Collect It

When you access the Website, its content and its services, we will learn certain information about you during your visit. We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The Website provides various places for visitors to provide information. We collect information when you voluntarily sign up for our e-mails or free e-book or other free gifts, fill out any type of form on the Website including a contact form or a request for a complimentary consult, leave comments including on social media, register for a class or presentation, purchase a service or product through our Website if that option is offered, or otherwise contact us via an online form located on our Website or e-mail. The information collected may include your name, e-mail, phone number, records and copies of your correspondence such as e-mail messages together with your e-mail address and our responses, your contributions to public areas of the Website, and if you have made a purchase through the Website, your address, billing information, and details of purchase transactions you carry out through the Website (collectively, “personal information”). You are not required to provide any personal information to merely access or visit the Website.

Information Collected from Other Sources

We may provide a link to our online HIPAA compliant supplement dispensary platforms, Wellevate and Fullscript on the Website. This Privacy Policy does not apply to the privacy practices of Fullscript or Wellevate as Fullscript and Wellevate have their own privacy policies; however, we will have access to the information you provide when you register for an account on Fullscript and Wellevate through our links as well as the orders you place, and such information we receive will be treated in the same manner as other information you provide through this Website.

For the avoidance of doubt, if you are client of FX Wellness all such information you provide through Fullscript or Wellevate will be protected under our HIPAA-compliant client privacy policy as part of your client record. Furthermore, if you are not a client of FX Wellness and you create a free account on Fullscript or Wellevate, this does not create a professional relationship between you and FX Wellness.   

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

If you are located in the European Economic Area (EEA), this means we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as data controller of that personal information for the purposes of those laws.

Information We Collect Through Automatic Data Collection Technology.

As you visit and navigate through the Website, we use automatic data collection technologies such as “cookies” (small files saved on your hard drive by your web browser) like Google Analytics or the Facebook ad pixel to collect certain nonpersonal information about your equipment, browsing actions and patterns. This nonpersonal information will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we may collect data about your computer hardware and software, your Internet connection, your IP address, your operating system, your browser type, domain names, access dates and times, referring website addresses, and information about the areas of the Website you visit and search terms you use on this Website and about the links you may select from within this Website to other areas of the Internet. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking) such as the websites you visited just before and just after this Website.

The information we collect automatically is used for statistical data and will not include personal information. We use such technologies and the information collected by them  to improve the Website and our service as it enables us to analyze Website performance, estimate our audience size, track usage patterns, save information from your previous visits about your preferences to customize your experience and speed up your searches and recognize you when you return to our Website.

Because we use cookies, we will ask for your consent to allow us to use cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if we use cookies and you select this setting, you may be unable to access certain parts of our Website.

We also reserve the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.​

[California law also requires disclosure of how you respond to “Do Not Track” browser signals that prevent the use of cookies – Choose one and delete the other:

OPTION 1: if your website does not honor “Do Not Track” browser signals, include this language:
If your browser sends a “Do Not Track” signal, only a generic cookie will be placed on your device while the Website is accessed.

OPTION 2: if your website does honor “Do Not Track” browser signals, include this language:
If your browser sends a “Do Not Track” signal, our Website will honor it.

To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

Google Analytics (LEAVE IN IF YOU HAVE IT, REMOVE IF YOU DON’T)

This Website uses Google Analytics so that we can understand and analyze the usage trends and preferences of visitors in order to improve our service and develop new features and functionalities. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. To learn more about Google Analytics and how they may collect and use your data, please visit: “How Google uses data when you use our partners’ sites or apps,” located at https://policies.google.com/technologies/partner-sites

You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on available here: https://tools.google.com/dlpage/gaoptout/. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visitors activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to send you e-mails when you sign up for our newsletter or request information from us, to respond to comments and questions and to provide support to users of the Website, to provide you with information about our services, to notify you about changes to our Website, to provide you with information, products or services you request from us, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, in any other way we may describe when you provide the information, to provide us with an overview of how people are accessing and using this Website, to understand and analyze usage trends and preferences of our visitors and users so that we can improve our service and develop new products, services, features and functionalities and improve our Website performance and customer service. If there is an option to make a payment or purchase through this Website, we will also use the information that we collect to fulfill orders and deliver services and products and complete customer transactions, to process payments, and for billing and collection.

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

Email Policies and CAN-SPAM Act

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease your personal information to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information: Who We Share Your Information With. We will maintain the information you send via e-mail in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all e-mails sent from FX Wellness will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages provide users the opportunity to opt-out of receiving future communications from us by clicking on the unsubscribe link located at the bottom of any e-mail they receive from us at any time. After unsubscribing we will discontinue sending the messages as soon as technically feasible.

Disclosure of Your Information: Who We Share Your Information With

FX Wellness respects your privacy and we do not sell, rent, lease, trade or otherwise transfer any information collected whether automatically or through your voluntary action to third parties (beyond what is necessary for the basic functionality of an online service or for fulfilling a customer transaction if applicable) without your consent.

We may disclose personal information that we collect, including that you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To third parties including, for example: contractors, service providers and ‘data processors’ as described below, that we use to support our business and our Website. All such third parties will always be bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a third party, including a lawyer or collection agency, when necessary to enforce our Website Terms & Conditions or any other applicable terms of use, terms & conditions or agreement between you and FX Wellness, including for billing and collection purposes.
  • To any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FX Wellness’s asserts and/or business.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FX Wellness, other users of the Website or the general public. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • To comply with any legal obligations such as court order, law or legal process, including to respond to any government or regulatory request and when compelled by a court or other governmental entity to do so.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We are the ‘data controller” of any personal information collected through the Website and determine the purposes for which and the manner in which any personal information is used and processed. However, we pay for the services of third party ‘data processors’ who hold and/or process personal information of users of the Website on our behalf. We may have multiple data processors at any given time, including, but not limited to:

  • our email marketing and email management software service provider (currently Active Campaign)
  • our Website hosting and platform service providers (currently WordPress and GoDaddy)
  • various payment merchants if we offer an option to purchase through our Website
  • Google
  • Facebook
  • Other social media sites

Note that, while the above entities act as data processors on our behalf, some or all of them may also act as data controllers in their own rights. For example, if you purchase a product or service through our Website, payment merchants decide which information they need from our customers in order to process their payments correctly. The payment merchants or other data processing entities may also exercise control over the other purposes that a customer’s data is used for, for example direct marketing of their products and services, which is not within our control. The payment merchants or other data processing entities also have legal requirements of their own to meet, such as regulations relating to the use and retention of payment card data or other personal data. And, finally, each data processor has its own terms and conditions and privacy policies that apply directly to our website users.

Use and Transfer of Your Information Out of the European Economic Area (EEA)

This Website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States.  If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this Website, participating in any of its services and/or providing your information, you consent to this transfer.

The United States does not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that United States] provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, see How to Contact Us below.  We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

How Long Your Personal Information Will Be Kept

We will retain all non-client or customer personal information until you let us know you would like for us to delete it or unsubscribe from our email contacts, which you are free to do at any time. However, if you make a purchase from our Website, we will hold personal data in our files for six years as advised by the IRS.

How We Protect Your Information: Data Security and Information Storage

We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk.

Whenever FX Wellness collects sensitive personal information (such as credit card data), that information is encrypted and transmitted to FX Wellness in a secure way. Customers can verify this by looking for a closed lock icon at the bottom of their web browser or looking for “https” at the beginning of the address of the web page.

However, unfortunately, please note that no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  You acknowledge that (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered within transit by a third party. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the Website, including FX Wellness social media pages, become public and third parties may use your information. FX Wellness is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

Passwords for Clients to Access Client Portal

If you are a client of FX Wellness, this Privacy Policy does not apply to your personal information stored on our HIPPA-secured client portal. Information on our separate privacy practices that discusses how we protect personal information provided to us by clients of FX Wellness is supplied to new clients of FX Wellness upon registration and is located on the client portal. We may have a link to the client portal on the Website in order for clients of FX Wellness to easily access it. In order to access the client portal, clients will need to create a unique password and are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by the client or by others) that occur under such password or account.

If you are a client of FX Wellness, in order to protect your personal information, please do not share your password with anyone. If you share your password with another person, FX Wellness cannot and will not be liable for any loss or damage arising from your failure to protect your password. If you share your password with anyone, they may be able to obtain access to your personal health information at your own risk.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website, including for example, our client portal or supplement stores, may be served by third parties, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

Social Media Widgets

The Website includes social media features, such as the Facebook ‘Like’ button and widgets, such as the ‘Share This’ button. These features may collect your IP address, which page you are visiting on the website, and may set a cookie in your browser to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.

Third-Party Links

Throughout the Website we may provide links to third-party websites that we do not control such as, by way of example but without limitation, the Institute for Functional Medicine, the Gerson Institute, supplement dispensary platforms such as Wellevate and Fullscript and others. This Privacy Policy does not apply to the privacy practices of these third-party websites. These third-party websites may or may not have their own separate and independent privacy policies. When you access another website, any information you provide to a third-party website is governed by the privacy policy of the operator of the website you are visiting. We, therefore, have no responsibility or liability for the content and activities of these linked sites and/or their privacy policy (or lack thereof).

Facebook

As advertisers on Facebook and through our Facebook page, we (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook’s Data Use Restrictions.

  • Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
  • We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
  • We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
  • We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

Your Rights: Accessing, Correcting and Deleting Your Information

As noted above, if you want to unsubscribe from receiving e-mails from FX Wellness, you may do so at any time. Each e-mail from FX Wellness includes instructions for unsubscribing from these e-mail communications.

You may send us an e-mail to contact@fxmigraine.com in order request access to, correct or delete any personal information that you have provided to us.

Please note that we may retain some or all of the information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may also decline to share certain personal information with us, in which case we may not be able to provide you with some of the features and functionality of our services.

When you place an order through the Website (not Fullscript or Wellevate), we will maintain your order information for our records unless and until you ask us to delete this information. We are required to keep some basic information about our customers including transaction data for tax and legal purposes and therefore there is some information that cannot be deleted.

Visitors’ GDPR Rights

If you are located within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

  • Fair processing of information and transparency over how we use your use personal information
  • Access to your personal information and to certain other supplementary information that this Privacy Policy is already designed to address
  • Require us to correct any mistakes in your information which we hold
  • Require the erasure of personal information concerning you in certain situations
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • Object at any time to processing of personal information concerning you for direct marketing
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • Object in certain other situations to our continued processing of your personal information
  • Otherwise restrict our processing of your personal information in certain circumstances
  • You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

If you would like to exercise any of those rights, please:

  • Email us at contact@fxmigraine.com
  • Provide us enough information to identify you (e.g., name, e-mail address, or other information, as applicable) and verify proof of your identity
  • Provide us with the information to which your request relates

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

Pursuant to CalOPPA we agree to the following:

  • Users can visit our Website anonymously
  • There is a link to our Privacy Policy on our home page or at a minimum on the first significant page after entering our Website.
  • Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
  • Users will be notified of any changes to our Privacy Policy:
    • On our Website Privacy Policy page
  • Users are able to change their personal information:
    • By emailing us
    • By logging into their account on our Website if they have one

As noted above, the Website does not support “Do Not Track” settings and/or signals and as such there will be no difference in how we collect or use data, even if you set your web browser to have such settings. / As noted above, if your browser sends a “Do Not Track” signal, our Website will honor it.

California Consumer Privacy Act (CCPA)

The CCPA took effect on January 1, 2020 and is intended to protect the personal information of California residents. The CCPA has certain threshold requirements which a company must meet in order to be required to comply with its provisions.  Upon information and belief, we do not meet those thresholds.  In the event of a change in our status, and if the data that you provide in the course of your use of the Website is governed by CCPA, we will abide by the relevant portions of the Act.

If you are a resident of the state of California, you may have the right to: request disclosure of the personal information we have collected about you and the types of third parties with whom it has been shared; request a portable copy of your information; opt out from marketing messages or the sale of your information to third parties; and request deletion of your personal information. To make these requests, please contact us at contact@fxmigraine.com.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at contact@fxmigraine.com.

*Disclaimer: The information and content on this website www.fxmigraine.com (this “Website”) is provided for educational and informational purposes only and is NOT medical advice, is NOT
intended to treat, diagnose, cure or prevent any disease and is NOT intended as a substitute for or to replace the advice provided in a one-on-one relationship with a qualified health care professional. Nothing stated or posted on this Website is intended to be, and must not be taken to be, the practice of medicine and you should not rely on the information provided on this website as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider familiar with your personal situation and health with any questions you have regarding a medical condition, and before taking any medication or nutritional, herbal or homeopathic supplement, using any treatment for a health problem, undertaking any diet, exercise or other health program or making any medical or lifestyle changes. Never disregard professional medical advice or delay seeking it because of something you have read on this Website. Any information and statements regarding dietary supplements or other statements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Please see our full Disclaimer at the link below before using this Website.

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