LACUNA COUNSELING, LLC PRIVACY POLICY
PLEASE REVIEW THIS POLICY CAREFULLY
The following describes how Lacuna Counseling LLC (“Lacuna Counseling.,” “I,” “me” or “my”) uses and disseminates information you provide through www.lacunacounseling.co and its sub-domains and affiliated sites, as well as Lacuna Counseling pages and accounts on Twitter®, Facebook®, LinkedIn®, Instagram®, TikTok®, and YouTube® (the “Sites). If you ever have questions about this Privacy Policy, please contact me at the information below. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION
Unless I expressly note otherwise, I do not collect personally identifiable information from users of my Sites. When you visit my Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. I typically do not use this information for any purpose, but an example of when I may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. I also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with my Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. 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.
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive and protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to info@lacunacounseling.co. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED.
A cookie is a data text file sent from a website to your browser, for the purpose of identifying the user and allows access to portions of the website, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent I use cookies, I can only access information from a cookie sent by one of the Sites, not other websites. I may use cookies to personalize your visit to my Sites because tracking usage allows me to best determine the needs of my customers and advertisers.
MY POLICY WITH MINORS
My Sites are not intended for individuals under the age of 15. If you are under 15, you may only use the Sites under the supervision of a parent or guardian. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If I discover or are otherwise notified that I have received any such information from a child in violation of this policy, I will delete that information.
DATA RETENTION
I only retain Personal Data collected from Users for a limited period as long as I need it to fulfill the purposes for which I have initially collected it unless otherwise required by law. I will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of 10 years.
USE OF YOUR PERSONAL INFORMATION
If you do choose to provide your personal information, I will not willingly share your information with companies outside my organization, except as described in this Privacy Policy. You may at times receive communications from me related to products and services that I believe might interest you. While I believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that I send to you. I may disclose total aggregated user statistics in order to describe my services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information I gather from you may be used in several ways, either now or in the future, to gain a better understanding of my Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) I think might be of interest to you. I may also use information I gather from you to communicate changes and improvements to my website or any registration you have made.
You have the right to request access to the information we have for you. You can do this by contacting us at info@lacunacounseling.co. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at info@lacunacounseling.co. Any data that is no longer needed for the purposes specified herein will be deleted.
I do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type, and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of Lacuna Counseling LLC and its affiliates' assets.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. I do not monitor information you disclose on the Sites nor do I accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing my name and a third party’s name) contain content delivered by the third party and not me.
LIMITATIONS
By using the Sites you agree that I am not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by me.
POLICY CHANGES
I may modify this Privacy Policy from time to time. Any modifications will be effective immediately when I post them. I will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When I update my Policy, I will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS
This website is operated by Lacuna Counseling, LLC, PO BOX 97 Brant Rock MA 02020. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to our general email address: info@lacunacounseling.co.
Notice under California Consumer Privacy Act
Last modified October 6, 2021
This Privacy Notice explains, in general, the procedures behind our collection, storage, and process of the information we may collect from you online, if any. This notice is intended to operate as a supplement to our Privacy Policy, for the sole purpose of defining rights that California consumers may have with respect to our Sites under the California Consumer Privacy Act of 2018 (“CCPA”).
Terms such as “personal information” and “processing” that are defined in the CCPA will have the same definitions in this Notice as we understand them to have under the CCPA. This includes exceptions to certain terms under the CCPA. For example, “personal information” under the CCPA does not include publicly available, aggregate consumer information, or de-identified information.
The following chart is for the sole purpose of demonstrating the categories of information we may collect online, and other relevant information, such as why we collect information, how it is shared, if it is shared, and whether we sell that personal information.
Personal Information
Category 1
Type of Information Collected
Name, email address, phone number, referral information, interested services, website, social media links
Purpose for Collection
Information requested on our contact page, located at lacunacounseling.co
Who do we share Information with?
Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
Category 2
Type of Information Collected
Region (based on IP), search keywords, site content, and general information available through your Internet Protocol address.
Purpose for Collection
Collected automatically through various website tools we employ, as defined in our Cookie Notice. Collection of such information aids in improving our website for our visitors.
Who do we share Information with?
Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
If you would like to request additional information, please email info@lacunacounseling.co and complete the following:
Identify yourself
Specify the information you request to be accessed, corrected, or removed
Please note that we reserve the right to request additional information to verify the above, including a form of government-issued identification. We additionally reserve the right to decline to process requests if you fail to provide either of the above, if we believe the request will violate any other law or legal requirement, cause the information to be incorrect, or jeopardize the privacy of others.
Written responses to information requested under this section will be delivered electronically. If a request is declined, we will provide an explanation as to why. We will not discriminate against you for exercising any rights available to you under applicable law.
We additionally reserve the right to modify, or delete some or all of your information collected. In such a case, we will retain data as reasonably necessary to comply with any legal obligations, including regulatory, security, or dispute requirements, law enforcement requirements, to prevent fraud or abuse, or to enforce obligations, including any other requests from you.
To make a request, you’re welcome to contact us at the information provided in our Privacy Policy. You can designate an agent to make a request on your behalf in one of two ways: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
LACUNA COUNSELING, LLC - NOTICE OF PRIVACY PRACTICES AND CLIENT CONFIDENTIALITY
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.*
I. OUR PLEDGE REGARDING HEALTH INFORMATION:
Lacuna Counseling is dedicated to maintaining the privacy of your personal health information (PHI) as part of providing professional care. We understand that health information about you and your health care is personal. We are committed to protecting health information about you . Providers create a record of the care and services you receive from Lacuna Counseling after each service is completed and after any communication outside of scheduled services is had. Providers need this record to provide you with quality care and to comply with certain legal requirements.
This notice applies to all of the records of your care generated by Lacuna Counseling. This notice will tell you about the ways in which Lacuna Counseling may use and disclose health information about you. It will also describe your rights to the health information kept about you, and describe certain obligations regarding the use and disclosure of your health information. Lacuna Counseling is required by law to:
Make sure that protected health information (“PHI”) that identifies you is kept private.
Give you this notice of legal duties and privacy practices with respect to health information.
Follow the terms of the notice that is currently in effect.
Changes can be made to the terms of this Notice, and such changes will apply to all information about you. The new Notice will be available upon request.
II. HOW HEALTH INFORMATION MAY BE USED AND DISCLOSED:
The following categories describe different ways that Lacuna Counseling may use and disclose health information.
Not every use or disclosure in a category will be listed. However, all of the ways permitted to use and disclose information will fall within one of the categories.
For Treatment Payment, or Health Care Operations: Federal privacy rules (regulations) allow health care providers who have direct treatment relationship with the patient/client to use or disclose the patient/client’s personal health information without the patient’s written authorization, to carry out the health care provider’s treatment, payment or health care operations. We may also disclose your protected health information for the treatment activities of any health care provider. This too can be done without your written authorization.
For example, if a clinician were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your personal health information, which is otherwise confidential, in order to assist the clinician in diagnosis and treatment of your mental health condition.
Disclosures for treatment purposes are not limited to the minimum necessary standard. Because therapists and other health care providers need access to the full record and/or full and complete information in order to provide quality care. The word “treatment” includes, among other things, the coordination and management of health care providers with a third party, consultations between health care providers and referrals of a patient for health care from one health care provider to another.
Lawsuits and Disputes: If you are involved in a lawsuit, Lacuna Counseling may disclose health information in response to a court or administrative order. Lacuna Counseling may also disclose health information about your child in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
III. CERTAIN USES AND DISCLOSURES REQUIRE YOUR AUTHORIZATION:
Psychotherapy Notes. Lacuna Counseling keeps “psychotherapy notes” as that term is defined in 45 CFR § 164.501, and any use or disclosure of such notes requires your Authorization unless the use or disclosure is:
a. For use in treating you. b. For use in training or supervising mental health practitioners to help them improve their skills in group, joint, family, or individual counseling or therapy. c. For use in defending myself in legal proceedings instituted by you.
d. For use by the Secretary of Health and Human Services to investigate my compliance with HIPAA.
e. Required by law and the use or disclosure is limited to the requirements of such law.
f. Required by law for certain health oversight activities pertaining to the originator of the psychotherapy notes.
g. Required by a coroner who is performing duties authorized by law. h. Required to help avert a serious threat to the health and safety of others.
Marketing Purposes. As mental health providers, we will not use or disclose your PHI for marketing purposes.
Sale of PHI. As mental health providers, we will not sell your PHI in the regular course of my business.
IV. CERTAIN USES AND DISCLOSURES DO NOT REQUIRE YOUR AUTHORIZATION. Subject to certain limitations in the law, Lacuna Counseling can use and disclose your PHI without your Authorization for the following reasons:
When disclosure is required by state or federal law, and the use or disclosure complies with and is limited to the relevant requirements of such law.
For public health activities, including reporting suspected child, elder, or dependent adult abuse, or preventing or reducing a serious threat to anyone’s health or safety.
For health oversight activities, including audits and investigations.
For judicial and administrative proceedings, including responding to a court or administrative order, although the preference is to obtain an Authorization from you before doing so.
For law enforcement purposes, including reporting crimes occurring on my premises.
To coroners or medical examiners, when such individuals are performing duties authorized by law.
For research purposes, including studying and comparing the mental health of patients who received one form of therapy versus those who received another form of therapy for the same condition.
Specialized government functions, including, ensuring the proper execution of military missions; protecting the President of the United States; conducting intelligence or counter-intelligence operations; or, helping to ensure the safety of those working within or housed in correctional institutions.
For workers’ compensation purposes. Although the preference is to obtain an Authorization from you, Lacuna Counseling may provide your PHI in order to comply with workers’ compensation laws.
Appointment reminders and health related benefits or services. Lacuna Counseling may use and disclose your PHI to contact you to remind you that you have an appointment with me. Lacuna Counseling may also use and disclose your PHI to tell you about treatment alternatives, or other health care services or benefits that are offered.
V. CERTAIN USES AND DISCLOSURES REQUIRE YOU TO HAVE THE OPPORTUNITY TO OBJECT.
Disclosures to family, friends, or others. Lacuna Counseling may provide your PHI to a family member, friend, or other person that you indicate is involved in your care or the payment for your health care, unless you object in whole or in part. The opportunity to consent may be obtained retroactively in emergency situations.
VI. YOU HAVE THE FOLLOWING RIGHTS WITH RESPECT TO YOUR PHI:
The Right to Request Limits on Uses and Disclosures of Your PHI.
You have the right to ask for Lacuna Counseling not to use or disclose certain PHI for treatment, payment, or health care operations purposes. Lacuna Counseling is not required to agree to your request, and may say “no” if I believe it would affect your health care or in the event it would affect payment for services.
The Right to Request Restrictions for Paid Out-of-Pocket Expenses.
You have the right to request restrictions on disclosures of your PHI to health plans for payment or health care operations purposes if the PHI pertains solely to a health care item or a health care service that you have paid for out-of-pocket in full.
The Right to Choose How Lacuna Counseling sends PHI to you. You have the right to ask to be contacted in a specific way (for example, home or office phone) or to send mail to a different address, and Lacuna Counseling will agree to all reasonable requests.
The Right to See and Get Copies of Your PHI. Other than “psychotherapy notes,” you have the right to get an electronic or paper copy of your medical record and other information that I have about you. I will provide you with a copy of your record, or a summary of it, if you agree to receive a summary, within 30 days of receiving your written request, and Lacuna Counseling may charge a reasonable cost based fee for doing so.
The Right to Correct or Update your PHI. If you believe that there is a mistake in your PHI, or that a piece of important information is missing from your PHI, you have the right to request that I correct the existing information or add the missing information. Lacuna Counseling may say “no” to your request, but you will be told why in writing within 60 days of receiving your request.
The Right to Get a Paper or Electronic Copy of this Notice. You have the right get a paper copy of this Notice, and you have the right to get a copy of this notice by e-mail. And, even if you have agreed to receive this Notice via e-mail, you also have the right to request a paper copy of it.
VII. OTHER USES IN HEALTHCARE:
Appointment Reminders: We may use and disclose medical information to reschedule or remind you of appointments for treatment or other care.
Treatment Alternatives: We may use and disclose your PHI to tell you about or recommend possible treatment or alternatives that may be of help to you.
Other Benefits and Services: We may use and disclose your PHI to tell you about health-related benefits or services that may be of interest to you.
Business Associates: There are some jobs we hire other businesses to do for us. In the law, they are called our Business Associates. Examples include telephone answering services, software vendors and a bill collection agency. These business associates need to receive some of your PHI to do their jobs properly. To protect your privacy, they have agreed in their contract with us to safeguard your information.
Acknowledgement of Receipt of Privacy Notice
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have certain rights regarding the use and disclosure of your protected health information. By checking the box below, you are acknowledging that you have received a copy of HIPAA Notice of Privacy Practices.
BY ACCESSING AND SUBMITTING PERSONAL INFORMATION THROUGH OUR FORM AND SIGN UP OPTIONS ON THE LACUNACOUNSELING.CO WEBSITE YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE ITEMS CONTAINED IN THE INFORMATION PROVIDED.