Privacy Policy

Privacy Policy Introduction

I, Danielle Hofer, respect your privacy and am committed to protecting it through my compliance with this Privacy Policy (the “Policy”).

This Policy describes the types of information I may collect from you or that you may provide when you visit my website cryinginmycheesecake.com (the “Website”) and my practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information I collect:

On this Website;
In email, text, and other electronic messages;
Through mobile and desktop applications you download from this Website, which provides interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

It does not apply to information collected:

By any third party (including our affiliates and sponsored links), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand my policies and practices regarding your information and how I will treat it. If you do not agree with my policies and practices, your choice is not to use the Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time. Your continued use of this Website after I make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children Under the Age of 18

The Website is not directed to children under 18 years of age, and I do not knowingly collect personal information from children under the age of 18 years of age. If you are under 18 years of age, do not use or access the Website at any time or in any manner, and do not provide any information on this Website. If I learn that personal information has been collected or received on the Website from persons under 18 years of age and without verifiable parental consent, then I will take the appropriate steps to delete this information. If you believe that I might have received information from a person under 18 years of age, please contact me to request that I delete that child’s personal information from my system.

Information I Collect About You and How I Collect It

I collect several types of information from and about users of the Website, including information:

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other information the website collects, that is defined as Personal Data under the General Data Protection Regulation (“GDPR”), and/or any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but may not identify you, such as the geographic area from which you accessed the Website; and/or
About your internet connection, the equipment you use to access the Website and usage details.

I collect this information:

Directly from you when you provide it to me.
Automatically as you navigate through the site. 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, affiliates.

Information You Provide to Me

The information I collect on or through the Website may include:

Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to my services, posting material, or requesting further services. I may also ask you for information when you report a problem with the Website.
Records and copies of your correspondence (including email address), if you contact me.
Your responses to surveys that I might ask you to complete for research purposes.
Details of transactions you carry out through the Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Website.
Your search queries on the Website.

Information I Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Website, I may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system and browser type.

The information I collect automatically may include personal information or I may maintain it or associate it with personal information I collect in other ways or receive from third parties. It helps me to improve the Website and to deliver a better and more personalized service, including by enabling me to:

Estimate audience size and usage patterns.
Store information about your preferences, allowing me to customize the Website according to your individual interests.
Speed up your searches.
Recognize you when you return to the Website.

The technologies I use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may be prompted by a pop up window on the home page of this Website to opt-in or consent to the use of these cookies. However, if you choose not to allow the use of cookies you may be unable to access certain parts of the Website. If you choose to allow the use of cookies on this Website, the system will issue cookies when you direct your browser to the Website.
Flash Cookies. Certain features of the Website may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Website and my e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit me, 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 certain website content and verifying system and server integrity).

I do not collect personal information automatically, but I may tie this information to personal information about you that I collect from other sources or you provide to me.

How I Use Your Information

I use information that I collect about you or that you provide to me, including any personal information:

To present the Website and its contents to you.
To provide you with information, products, or services that you request from me.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account, including expiration and renewal notices.
To carry out my obligations and enforce my rights arising from any contracts entered into between you and I, including for billing and collection.
To notify you about changes to the Website or any products or services I offer or provide through it.
To allow you to participate in interactive features on the Website.
In any other way I may describe when you provide the information.
When it is necessary for compliance with a legal obligation to which I am subject.
When it is necessary to protect the vital interests of the user or of another natural person.
For the performance of a task carried out in the public interest or in the exercise of official authority vested in me.
For any other legitimate interest held by me.
For any purpose with consent.

Disclosure of Your Information

I may disclose aggregated information about my users, and information that does not identify any individual, without restriction.

I may disclose personal information that I collect or you provide as described in this privacy policy:

To subsidiaries and affiliates.
To contractors, service providers, and other third parties I use to support my business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which I disclose it to them.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by me when you provide the information.
With your consent.

I may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply my terms of use or terms of sale and other agreements, including for billing and collection purposes.
If I believe disclosure is necessary or appropriate to protect the rights, property, or safety of me, clients, or others. This includes exchanging information with other companies or organizations for the purposes of fraud protection and credit risk reduction.

Choices About How I Use and Disclose Your Information

I strive to provide you with choices regarding the personal information you provide to me. I have created mechanisms to provide you with the following control over your information.

Tracking Technologies and Advertising. You can choose not to consent to all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash Cookie settings, visit the Flash player settings page on Adobe. If you do not consent to cookies, please note that some parts of this Website may then be inaccessible or not function properly. If you have chosen to consent to cookies, you may change this preference at any time.

I do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Accessing and Correcting Your Information

The user has the right to request from me access to and rectification or erasure of personal information, to object to or request restriction of processing concerning the personal information, or to the right to data portability. All requests must be made in writing to me. I shall provide you with reasonable access to the personal information that you may have provided through your use of the Website.

You can review and change your personal information by logging into the Website and visiting your account profile page. I cannot delete your personal information except by also deleting your user account. I may not accommodate a request to change information if I believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Website that are California residents to request certain information regarding my disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact me.

Data Security

I have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to me is stored on secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where I have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. I ask you not to share your password with anyone. I urge you to be careful about giving out information in public areas of the Website like message boards or blog posts. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although I do my best to protect your personal information, I cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. I am not responsible for circumvention of any privacy settings or security measures contained on the Website.

Storage of Personal Information

I may store your personal information for as long as I deem appropriate.

Consent

If you have consented to providing any information to me, you may withdraw that consent at any time. The withdrawal of consent will not invalidate the consent previously given for information that was already being or has already been processed.

Changes to the Policy

It is my policy to post any changes I make to the Policy on this page. If I make material changes to how I treat our users’ personal information, I will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting the Website and this privacy policy to check for any changes.

Health Insurance Portability and Accountability Act (“HIPAA”)

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

I understand the importance of privacy and am committed to maintaining the confidentiality of your medical information. I make a record of the services I provide and may receive such records from others. I may use these records to provide services or enable health care providers to provide quality medical care, to obtain payment for services provided to you as allowed and to enable me to meet my professional and legal obligations to operate properly. I am required by law to maintain the privacy of protected health information, to provide individuals with notice of my legal duties and privacy practices with respect to protected health information, and to notify affected individuals following a breach of unsecured protected health information. This notice describes how I may use and disclose your medical information. It also describes your rights and my legal obligations with respect to your medical information. If you have any questions about this Notice, please contact me.

A. How I May Use or Disclose Your Health Information

The law permits me to use or disclose your health information for the following purposes:

Treatment. For example, I may share your medical information with other physicians or other health care providers who will provide services that I do not provide. Or I may share this information with a pharmacist who needs it to dispense a prescription to you, or a laboratory that performs a test. I may also disclose medical information to members of your family or others who can help you when you are sick or injured, or after you die.

Payment. I use and disclose medical information about you to obtain payment for the services I provide. I may also disclose information to other health care providers to assist them in obtaining payment for services they have provided to you.

Operations. I may use and disclose medical information about you to operate my practice and provide services. For example, I may use and disclose this information to review and improve the quality of care I provide. Or I may use and disclose this information to get your health plan to authorize services or referrals. I may also use and disclose this information as necessary for medical reviews, legal services and audits, including fraud and abuse detection and compliance programs and business planning and management. I may also share your medical information with our “business associates” for which I have an agreement to protect the confidentiality and security of your protected health information. I may also share your information with other health care providers, health care clearinghouses or health plans that have a relationship with you, when they request this information to help them with their quality assessment and improvement activities, their patient-safety activities, their population-based efforts to improve health or reduce health care costs, their protocol development, case management or care-coordination activities, their review of competence, qualifications and performance of health care professionals, their training programs, their accreditation, certification or licensing activities, or their health care fraud and abuse detection and compliance efforts.

Appointment Reminders. I may use and disclose medical information to contact and remind you about appointments. If you are not home, I may leave this information on your answering machine or in a message left with the person answering the phone.

Notification and Communication With Family. I may disclose your health information to notify or assist in notifying a family member, your personal representative or another person responsible for your care about your location, your general condition or, unless you had instructed us otherwise, in the event of your death. In the event of a disaster, I may disclose information to a relief organization so that they may coordinate these notification efforts. I may also disclose information to someone who is involved with your care or helps pay for your care.

Marketing. Provided I do not receive any payment for making these communications, I may contact you to give you information about products or services or to direct or recommend other treatments, therapies, health care providers or settings of care that may be of interest to you. I may similarly describe products or services provided by me and tell you which health plans this practice participates in. I may also encourage you to maintain a healthy lifestyle and get recommended tests, participate in a disease management program, provide you with small gifts, tell you about government sponsored health programs or encourage you to purchase a product or service when I see you, for which I may be paid. I will not otherwise use or disclose your medical information for marketing purposes or accept any payment for other marketing communications without your prior written authorization. The authorization will disclose whether I receive any compensation for any marketing activity you authorize, and I will stop any future marketing activity to the extent you revoke that authorization.

Sale of Health Information. I will not sell your health information without your prior written authorization. The authorization will disclose that I will receive compensation for your health information if you authorize me to sell it, and I will stop any future sales of your information to the extent that you revoke that authorization.

Required by law. As required by law, I will use and disclose your health information, but I will limit use or disclosure to the relevant requirements of the law. When the law requires me to report abuse, neglect or domestic violence, or respond to judicial or administrative proceedings, or to law enforcement officials, I will further comply with the requirement set forth below concerning those activities.

Public Health. I may, and am sometimes required by law, to disclose your health information to public health authorities for purposes related to: preventing or controlling disease, injury or disability; reporting child, elder or dependent adult abuse or neglect; reporting domestic violence; reporting to the Food and Drug Administration problems with products and reactions to medications; and reporting disease or infection exposure. When I report suspected elder or dependent adult abuse or domestic violence, I will inform you or your personal representative promptly unless in my best professional judgment, I believe the notification would place you at risk of serious harm or would require informing a personal representative I believe is responsible for the abuse or harm.

Health Oversight Activities. I may, and am sometimes required by law, to disclose your health information to health oversight agencies during the course of audits, investigations, inspections, licensure and other proceedings, subject to the limitations imposed by law.

Judicial and Administrative Proceedings. I may, and am sometimes required by law, to disclose your health information in the course of any administrative or judicial proceeding to the extent expressly authorized by a court or administrative order. I may also disclose information about you in response to a subpoena, discovery request or other lawful process if reasonable efforts have been made to notify you of the request and you have not objected, or if your objections have been resolved by a court or administrative order.

Law Enforcement. I may, and am sometimes required by law, to disclose your health information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness or missing person, complying with a court order, warrant, grand jury subpoena and other law enforcement purposes.

Public Safety. I may, and am sometimes required by law, to disclose your health information to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public.

Specialized Government Functions. I may disclose your health information for military or national security purposes or to correctional institutions or law enforcement officers that have you in their lawful custody.

Workers’ Compensation. I may disclose your health information as necessary to comply with workers’ compensation laws.
Breach Notification. In the case of a breach of unsecured protected health information, I will notify you as required by law. If you have provided me with a current e-mail address, I may use e-mail to communicate information related to the breach. In some circumstances a business associate may provide the notification. I may also provide notification by other methods as appropriate.

B. When I May Not Use or Disclose Your Health Information

Except as described in this Notice, I will, consistent with my legal obligations, not use or disclose health information which identifies you without your written authorization. If you do authorize me to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time.

C. Your Health Information Rights

Right to Request Special Privacy Protections. You have the right to request restrictions on certain uses and disclosures of your health information by a written request specifying what information you want to limit, and what limitations on my use or disclosure of that information you wish to have imposed. If you tell me not to disclose information to your commercial health plan concerning health care items or services for which you paid for in full out-of-pocket, I will abide by your request, unless I must disclose the information for treatment or legal reasons. I reserve the right to accept or reject any other request, and will notify you of my decision.

Right to Request Confidential Communications. You have the right to request that you receive your health information in a specific way or at a specific location. For example, you may ask that I send information to a particular e-mail account or to your work address. I will comply with all reasonable requests submitted in writing which specify how or where you wish to receive these communications.

Right to Inspect and Copy. You have the right to inspect and copy your health information, with limited exceptions. To access your medical information, you must submit a written request detailing what information you want access to, whether you want to inspect it or get a copy of it, and if you want a copy, your preferred form and format. I will provide copies in your requested form and format if it is readily producible, or I will provide you with an alternative format you find acceptable, or if we can’t agree and I maintain the record in an electronic format, your choice of a readable electronic or hardcopy format. I will also send a copy to any other person you designate in writing. I will charge a reasonable fee which covers my costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary. I may deny your request under limited circumstances. If I deny your request to access your child’s records or the records of an incapacitated adult you are representing because I believe allowing access would be reasonably likely to cause substantial harm to the patient, you will have a right to appeal my decision.

Right to Amend or Supplement. You have a right to request that I amend your health information that you believe is incorrect or incomplete. You must make a request to amend in writing, and include the reasons you believe the information is inaccurate or incomplete. I am not required to change your health information, and will provide you with information about any denial and how you can disagree with the denial. I may deny your request if I do not have the information, if I did not create the information (unless the person or entity that created the information is no longer available to make the amendment), if you would not be permitted to inspect or copy the information at issue, or if the information is accurate and complete as is. If I deny your request, you may submit a written statement of your disagreement with that decision, and I may, in turn, prepare a written rebuttal. All information related to any request to amend will be maintained and disclosed in conjunction with any subsequent disclosure of the disputed information.

Right to an Accounting of Disclosures. You have a right to receive an accounting of disclosures of your health information made by me, except that I do not have to account for the disclosures provided to you or pursuant to your written authorization, or as described in treatment, payment, health care operations, notification and communication with family and specialized government functions of Section A of this Notice of Privacy Practices or disclosures for purposes of research or public health which exclude direct patient identifiers, or which are incident to a use or disclosure otherwise permitted or authorized by law, or the disclosures to a health oversight agency or law enforcement official to the extent I received notice from that agency or official that providing this accounting would be reasonably likely to impede their activities.

Right to a Paper or Electronic Copy of this Notice. You have a right to notice of my legal duties and privacy practices with respect to your health information, including a right to a paper copy of this Notice of Privacy Practices, even if you have previously requested its receipt by e-mail.

D. Changes to this Notice of Privacy Practices

I reserve the right to amend this Notice of Privacy Practices at any time in the future. After an amendment is made, the revised Notice of Privacy Protections will apply to all protected health information that I maintain, regardless of when it was created or received. I will post the current notice on my website.

Personal Information Protection and Electronic Documents Act (PIPEDA) Policy

I, Danielle Hofer, am committed to keeping the personal information of clients accurate, confidential, secure and private.

My Privacy Policy has been designed to inform clients and third parties of my commitment and recognition of my obligation to meet the spirit and terms of the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

Contents

My Privacy Policy describes the principles by which I protect the privacy of personal information in my possession. It addresses the reasons why such information is collected, how it is used, how its confidentiality is protected and outlines the clients’ rights in respect of this information.

My Privacy Policy incorporates and expands on the 10 principles for the protection of personal information, as devised by the Canadian Standards Association (CSA).

The Privacy Policy applies to personal information about my clients and other individuals that is collected, used or disclosed by me.

Personal Information Protection Principles

Accountability

I am accountable for the protection of all personal information within my possession or control, including any personal information that has been transferred to a third party for regulatory, legal or processing purposes.

I will require a comparable level of protection of this information from third party relations.

Identifying Purposes

Personal information that I collect from clients includes:

the client’s name and address and other contact information, such as telephone numbers, email address;

personal health and medical information;
information about a client’s transactions with me, such as account numbers, account balances, payment history;
credit and reference information, such as date of birth, employment information, driver’s license, previous addresses, and general financial information; and
bank information for pre-authorized payments.

If I identify other purposes for which the personal information may be used, I will seek the client’s consent prior to such use. I will advise that it is the client’s right to refuse permission for me to use personal information for any new purposes. Additional purposes for collecting personal information may be identified to an individual before or at the time of collection. However, I will at a minimum collect personal information for the following purposes:

To verify the client’s identity;
To determine the client’s suitability for products or services;
For pre-authorized payments for services;
To prevent fraud; and
To meet legal, regulatory and settlement requirements.

Consent

The knowledge and consent of an individual are generally required for the collection,

use or disclosure of personal information and I will seek to obtain consent before or when I collect, use or disclose personal information about an individual.

An individual can provide consent to the collection, use and disclosure of personal information about them expressly or implicitly. However, I will collect, use or disclose personal information without an individual’s knowledge and consent only in limited circumstances and as permitted by law, such as in the case of an emergency where the life, health or security of an individual is threatened.

Subject to certain legal and contractual restrictions and reasonable notice, an individual can refuse or withdraw their consent to the collection, use or disclosure of personal information about them at any time.

All existing clients will be informed of what types of personal information have been collected, the purpose for the collection and the procedures available for contacting me with any inquiries. All new clients will be provided with a consent form and an accompanying explanation about the collection, use and disclosure of their personal information when requesting service.

Limiting Collection

I limit the amount and type of personal information I collect to that which is necessary for the services for which I provide and as permitted by law. Personal Information will be collected using procedures that are fair, transparent and lawful.

Limiting Use, Disclosure and Retention

I will only use the personal information for the purpose for which it was collected, unless consent is given by the client to use or disclose it for another purpose or as is required by law. I will develop explicit retention periods for closed accounts, after which the personal information will be destroyed or made anonymous.

Under certain exceptional circumstances, I may have a legal duty or right to disclose personal information without the individual’s knowledge or consent.

Accuracy

I shall take all reasonable steps to ensure that all personal information will be kept accurate, complete and up to date. Clients may challenge the accuracy and completeness of personal information about them and have it amended, as appropriate.

Safeguards

In executing my responsibilities with respect to the confidentiality of personal information, I will employ a number of safeguards, appropriate to the sensitivity of the information, to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Such safeguards will include physical measures, organizational measures and technological measures limiting access on a “need to know” basis and the use of passwords and encryption. Procedures for implementing these measures will be communicated to all third parties to ensure compliance with this principle.

Openness

I will make policies and practices relating to the protection of personal information available to clients. I will keep clients informed of these policies and practices and clients shall be provided access to all related policies and procedures via my web page. The information will be available in a format that is easy to understand.

Individual Access

Any client of mine can have access to the personal information about them that I have in my possession or control. Any client may request that their personal information be amended for purposes of accuracy and completeness.