David Medical Services, PLLC Terms of service

Please read this policy carefully before using Our services. By signing this document and using any of the websites under David Medical Services, PLLC, You agree to the collection and use of information under this policy. 

David Medical Services, PLLC operates the websites https://bayanihealth.com, https://correctionalmedicineexperts.com, https://prisonhealthexperts.com, https://davidmed.org, and https://nexuslettermd.com.  

This Terms of Service describes Our policies and procedures on the collection, use and disclosure of Your information when You use the any of the websites above and tells You about Your privacy rights and how the law protects You. 

We use Your Personal data to provide and improve our websites. By using any of the websites above, You agree to the collection and use of information in accordance with this Terms of Service.  

Interpretation and Definitions 

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions 

For the purposes of this Terms of Service: 

• Account means a unique account created for You to access our Website or parts of our Website. 
• 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 Medical Services, PLLC, 4250 Martin Way E., Ste 105, PMB 125, Olympia, WA 98516. 
• 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: Washington, United States 
• Device means any device that can access the Website such as a computer, a cellphone or a digital tablet. 
• Personal Data is any information that relates to an identified or identifiable individual, including private health information (PHI).  
• Usage Data refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit). 
• Website refers to any of the following: https://bayanihealth.com, https://correctionalmedicineexperts.com, https://prisonhealthexperts.com; https://davidmed.org, or https://nexuslettermd.com. 
• Website 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 Website, to provide the Website on behalf of the Company, to perform services related to the Website or to assist the Company in analyzing how the Website is used.  
• You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable. 

Applicable Data  

This Terms of Service only applies to data pertaining directly to You or any other potential patient who uses the Website, including any protected health information (PHI) for https://bayanihealth.com.  

David Medical Services, PLLC, while doing business as Bayani Health & Wellness, is fully compliant with all HIPAA regulations.  

Collecting and Using Your Personal Data 

Types of Data Collected 

Personal Data 

While using Our Website, 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, the following: 

• Email address 
• First name and last name 
• Phone number 
• Assigned gender at birth  
• Date of birth 
• Address, City, State, and ZIP/Postal code 
• Protected health information (PHI) 
• Usage Data 

Usage Data 

Usage Data is collected automatically when using the Website. 

Usage Data may include information such as  

• Your Device's Internet Protocol address (e.g. IP address),  
• browser type,  
• browser version,  
• the pages of our Website that You visit,  
• the time and date of Your visit,  
• the time spent on those pages,  
• unique device identifiers, and  
• other diagnostic data. 

When You access the Website by or through a mobile device, We may collect certain information automatically, including, but not limited to,  

• the type of mobile device You use,  
• Your mobile device unique ID,  
• the IP address of Your mobile device,  
• Your mobile operating system,  
• the type of mobile Internet browser You use,  
• unique device identifiers, and  
• other diagnostic data. 

We may also collect information that Your browser sends whenever You visit our Website or when You access the Website by or through a mobile device. 

Tracking Technologies and Cookies 

We use Cookies and similar tracking technologies to track the activity on Our Website and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Website. The technologies We use may include: 

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Website. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Website may use Cookies. 
• Web Beacons. Certain sections of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). 

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.  

We use both Session and Persistent Cookies for the purposes set out below: 

• Necessary / Essential Cookies 

Type: Session Cookies 

Administered by: Us 

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. 

• Cookies Policy / Notice Acceptance Cookies 

Type: Persistent Cookies 

Administered by: Us 

Purpose: These Cookies identify if users have accepted the use of cookies on the Website. 

• Functionality Cookies 

Type: Persistent Cookies 

Administered by: Us 

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website. 

How We Collect Data 

We collect Your data through:    

• Direct interactions with You, when You fill out forms on Our Website or communicate to Us via email, text, phone call, or any other message.   
• Automated technologies or interactions as You navigate the Website. This information includes usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.    
• Third parties or publicly available sources, such as Our business partners.    

Use of Your Personal Data 

The Company may use Personal Data for the following purposes: 

• To provide and maintain our Website, including to monitor the usage of our Website. 
• To manage Your Account: to manage Your registration as a user of the Website. The Personal Data You provide can give You access to different functionalities of the Website 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 Website. 
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication. 
• To manage Your requests: To attend and manage Your requests to Us. 
• 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 Website, products, services, marketing and your experience. 

Retention of Your Personal Data 

Any Personal Data we gather will be maintained in strict confidence and will not be sold or disclosed to any other person or party.   

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Terms of Service. 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. 

The 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 Website, or We are legally obligated to retain this data for longer time periods. 

Transfer of Your Personal Data 

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located.  

Your consent to this Terms of Service followed by Your submission of such information represents Your agreement to that transfer. 

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Terms of Service. 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. 

Access, Correct, or Delete Your Personal Data 

You have the right to delete or request that We assist in deleting Personal Data that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Website. 

You may update, amend, or delete Your information at any time by signing in to Your Account and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so. 

• We may not accommodate a request to change information if We believe the change would violate any law or legal requirement or cause the information to be incorrect.  
• We may request specific information from You to help Us confirm Your identity and Your right to access, and to provide You with the personal information that We hold about You or make Your requested changes.   
• If We cannot provide You with access to Your personal information, we will inform You of the reasons why, subject to any legal or regulatory restrictions.   

Withdraw Your Consent  

Where You have provided your consent to the collection, use, and transfer of Your personal information, You may have the legal right to withdraw Your consent under certain circumstances. To withdraw Your consent, if applicable, contact Us using the contact information below.   

Please note that if You withdraw Your consent, We may not be able to provide You with a particular product or service. We will explain the impact to You at the time to help You with Your decision.   

Disclosure of Your Personal Data 

Business Transactions 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Terms of Service. 

Law enforcement 

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). 

Other legal requirements 

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 Website 
• Protect the personal safety of Users of the Website or the public 
• Protect against legal liability 

Apart from the above in this paragraph, We will share or disclose your Personal Data with other parties only with Your written consent. 

Security of Your Personal Data 

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. 

Children's Privacy 

By accessing or using this Website, You warrant that You are 18 years old or older.   

Our Website does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We will take steps to remove that information from Our servers. 

Links to Other Websites 

Our Website may contain plug-ins, services, social networks, applications, or links to other websites that are not operated by Us. Clicking on these links or enabling those connections may allow the third party to collect or share data about You.  

If You click on a third party link, You will be directed to that third party's site, and the third party may be allowed to collect or share data about You. These third parties have their own privacy policies, and We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. We strongly advise You to review the Privacy Policy of every site You visit.  

Changes to this Terms of Service 

We may update Our Terms of Service from time to time. We will notify You of any changes by posting the new Terms of Service on this page. 

We will also let You know via email and/or a prominent notice on Our Website of any changes prior to the change becoming effective and update the "Last updated" date at the top of this Terms of Service. 

You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective the date when they are posted on this page. 

Contact Us 

If you have any questions about this Terms of Service, You can contact us: 

• By email: admin@davidmed.org  
• By phone number: 888.929.5521 
• By mail: 4250 Martin Way E., Ste 105, PMB 125, Olympia, WA 98516