Website Privacy Policy

1. Introduction

Sleep Performance Medical Corporation, doing business as Sleep Performance Company (“Sleep Performance,” “we,” “us,” or “our”), respects your privacy and is committed to protecting information entrusted to us.

Sleep Performance is a California medical practice providing sleep and performance-related healthcare services, including telehealth medical consultations, home sleep testing, sleep and performance consultations, athlete/rest and recovery services, sleep coaching, PAP/CPAP management, prescription-related services when clinically appropriate, educational resources, and related services.

This Website Privacy Policy (“Privacy Policy”) explains how we collect, use, disclose, and protect information when you:

• visit our website
• contact us through the website
• request information about our services
• interact with our website or digital communications
• receive marketing communications from us; or
• interact with certain third-party technologies used to support our website and business operations

Important distinction regarding health information

Our website is designed so that patient health information is not intentionally collected through ordinary website contact forms or advertising functionality.

When you begin a clinical assessment or healthcare intake process, you may be directed to a separate secure platform, including PlatoForms or Tebra, for the collection and processing of health information.

Information submitted as part of your healthcare services may constitute Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”) and may be subject to our separate Notice of Privacy Practices.

HIPAA applies to covered healthcare providers and establishes protections for PHI and rights concerning medical records.

2. Scope of This Privacy Policy

This Privacy Policy applies to information collected through:

• the Sleep Performance Company website
• website contact forms
• website communications
• email communications
• marketing communications
• cookies and similar technologies
• website analytics
• advertising technologies
• other digital services operated directly by Sleep Performance

This Privacy Policy does not replace or supersede our HIPAA Notice of Privacy Practices with respect to PHI maintained as part of your healthcare relationship with Sleep Performance.

If you become a patient, information contained in your medical record and other PHI will generally be governed by our Notice of Privacy Practices, applicable federal and state healthcare privacy laws, and our obligations as a healthcare provider.

HHS requires covered healthcare providers with direct treatment relationships to provide patients with a Notice of Privacy Practices explaining their privacy practices and patient rights.

3. Information We Collect

3.1 Information You Provide Directly

Depending on how you interact with us, we may collect:

• name
• email address
• telephone number
• mailing address
• preferred method of communication
• information you provide when contacting us
• appointment-related information
• communication preferences
• marketing preferences
• information necessary to respond to your inquiry

Please do not submit medical information through ordinary website contact forms.

Unless the website specifically identifies a form or feature as intended for healthcare information, please do not provide:

• diagnoses
• symptoms
• medication information
• medical history
• sleep-study results
• insurance information
• photographs of medical conditions
• other sensitive health information

Instead, we may direct you to a designated secure platform for clinical information.

4. Clinical and Health Information

When you become a patient or begin a clinical assessment, Sleep Performance may collect health information necessary to provide healthcare services.

This may include:

• sleep history
• symptoms
• medical history
• medications
• allergies
• diagnoses
• treatment history
• sleep questionnaire responses
• home sleep test information
• laboratory or diagnostic information
• PAP/CPAP information
• wearable information when such integration becomes available
• clinical notes
• telehealth information
• treatment plans
• prescriptions
• billing information
• communications with healthcare providers

This information may constitute PHI.

4.1 PlatoForms

Sleep Performance may use PlatoForms as a secure assessment and questionnaire platform.

PlatoForms may collect information provided during a sleep assessment and may perform preliminary calculations or assessment scoring based on responses.

Where applicable, assessment results may be transmitted to Tebra for clinician review.

Sleep Performance intends to use a HIPAA-compliant PlatoForms subscription and appropriate contractual documentation, including a Business Associate Agreement where required.

We will not represent that a particular technology provider is a HIPAA business associate merely because the provider advertises HIPAA compliance; our contractual and operational arrangements will determine the applicable relationship.

4.2 Tebra

Sleep Performance uses Tebra as its primary clinical and practice-management platform.

Tebra may be used for:

• patient registration
• detailed clinical intake
• medical records
• clinical notes
• appointment scheduling
• telehealth
• billing and payment
• prescriptions
• clinical communications
• patient communications
• other healthcare operations

Patient information maintained as part of your medical record is subject to our HIPAA Notice of Privacy Practices and applicable law.

5. Information Collected Automatically

When you visit our website, certain technical information may automatically be collected, including:

• IP address
• browser type
• device type
• operating system
• approximate geographic information
• referring website
• pages visited
• time spent on pages
• website interactions
• date and time of visits
• technical information about your connection

We may use this information to:

• operate our website
• maintain website security
• troubleshoot technical problems
• understand website usage
• improve website performance
• understand general visitor trends
• measure advertising performance
• improve our marketing

6. Cookies and Similar Technologies

Our website may use:

• cookies
• pixels
• tags
• web beacons
• analytics technologies
• advertising technologies
• similar technologies

These technologies may help us understand how visitors use our website and may help us measure marketing and advertising effectiveness.

You may be able to control cookies through your browser settings or other cookie-management tools made available on our website.

7. Google Analytics

We may use Google Analytics to understand how visitors interact with our website.

Google Analytics may collect information such as:

• device information
• browser information
• pages visited
• website interactions
• approximate geographic information
• referring sources

We use this information primarily for website analytics and improvement.

8. Google Advertising

We may use Google advertising services, including Google Ads, to:

• promote Sleep Performance
• measure advertising effectiveness
• understand how visitors arrive at our website
• evaluate marketing campaigns

Sleep Performance will not intentionally transmit PHI to advertising platforms.

9. Meta / Facebook

We may use Meta advertising technologies, including the Meta Pixel, to:

• measure advertising campaigns
• understand website traffic
• improve marketing
• measure conversions

Sleep Performance will configure these technologies so that PHI is not intentionally transmitted to Meta.

Because healthcare information can create privacy concerns even when HIPAA does not directly govern the specific website interaction, Sleep Performance will periodically review its analytics and advertising configuration and adjust or disable technologies as appropriate.

The FTC separately regulates certain health-information practices outside HIPAA, including through its Health Breach Notification Rule.

10. Zoho

Sleep Performance may use Zoho and related Zoho services to support:

• business operations
• customer relationship management
• administrative workflows
• communications
• marketing
• lead management
• automation

Zoho should not receive PHI unless Sleep Performance has specifically determined that the particular Zoho service and configuration are appropriate for the information involved and the necessary contractual and security safeguards are in place.

Clinical information should remain within designated clinical systems such as Tebra and other approved healthcare platforms.

11. How We Use Information

We may use information collected through our website to:

• respond to inquiries
• provide information about our services
• schedule or facilitate communications
• operate and maintain our website
• improve website functionality
• understand website usage
• maintain security
• prevent fraud or misuse
• communicate administrative information
• send marketing communications when permitted and when you have provided appropriate consent
• measure marketing effectiveness
• comply with legal obligations
• enforce our Terms of Use
• protect our rights and the safety of our patients and others

PHI associated with your healthcare services is handled according to our HIPAA Notice of Privacy Practices.

12. Clinical Communications vs. Marketing Communications

We distinguish between communications necessary to provide healthcare services and optional marketing communications.

Clinical and operational communications

These may include:

• appointment confirmations
• appointment reminders
• telehealth instructions
• home sleep test instructions
• test-kit communications
• clinical follow-up
• treatment communications
• prescription communications
• billing communications
• administrative communications

These communications may be sent using the contact information you provide.

Marketing communications

If you choose to receive marketing communications, we may send:

• educational information
• information about Sleep Performance services
• promotions
• announcements
• newsletters
• other marketing communications

You may opt out of marketing communications at any time.

Opting out of marketing communications will not prevent us from sending communications necessary for your healthcare or account administration.

13. Text Messaging

If you provide appropriate consent to receive marketing text messages, Sleep Performance may send marketing messages subject to applicable law and the terms disclosed when you enroll.

Message and data rates may apply.

You may opt out of marketing text messages by following the instructions provided in the applicable message.

Clinical or operational text communications may be treated separately from marketing messages.

14. Disclosure of Information

We may disclose information as necessary to:

• provide requested services
• operate our business
• provide customer support
• process payments
• schedule appointments
• provide healthcare services
• maintain our systems
• comply with legal requirements
• protect our rights and safety
• prevent fraud or abuse
• respond to lawful government requests

PHI disclosures are governed by HIPAA, applicable state law, our Notice of Privacy Practices, and any required patient authorization.

HIPAA permits covered entities to use or disclose PHI for purposes such as treatment, payment, and healthcare operations, subject to applicable requirements and limitations.

15. Service Providers

We may use third-party service providers to support our operations.

These may include providers supporting:

• healthcare technology
• electronic health records
• forms and assessments
• payment processing
• website hosting
• analytics
• advertising
• communications
• customer relationship management
• information technology
• security

Where a third party acts as a HIPAA business associate, Sleep Performance will maintain appropriate contractual arrangements as required by applicable law. HHS explains that covered entities using business associates must have appropriate written arrangements governing the business associate's handling of PHI.

16. Third-Party Websites

Our website may contain links to third-party websites, including healthcare platforms or other service providers.

Examples may include links to:

• Tebra
• PlatoForms
• General Sleep
• social-media platforms
• payment services
• other third-party resources

Once you leave our website, the third party's privacy policy and terms may apply.

We do not control third-party websites and are not responsible for their privacy practices.

17. General Sleep

Sleep Performance may work with General Sleep in connection with certain standard home sleep testing services.

For applicable services, General Sleep may own and ship the home sleep testing equipment directly to the patient.

Information required to arrange shipment and fulfillment may be shared with General Sleep as necessary to provide the requested service and subject to applicable agreements and law.

The equipment relationship may also be governed by additional terms provided by General Sleep.

18. Children's Information

Sleep Performance may provide healthcare services to adults and, when appropriate and legally permitted, minors.

Our website is not intended to independently collect medical information from children through ordinary website forms.

When healthcare services are provided to a minor, applicable consent, authorization, privacy, and confidentiality requirements will apply.

19. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect information against unauthorized access, use, alteration, disclosure, or destruction.

No internet transmission or electronic storage system can be guaranteed to be completely secure.

For PHI maintained in connection with healthcare services, Sleep Performance maintains safeguards required by applicable law, including HIPAA requirements where applicable.

20. Data Retention

We retain information for as long as reasonably necessary for the purposes described in this Privacy Policy, to provide services, comply with legal and regulatory requirements, resolve disputes, enforce agreements, and protect our rights.

Medical records and PHI may be subject to separate legal and regulatory retention requirements.

Accordingly, you should not interpret deletion of a website account, marketing preference, or other non-clinical information as requiring deletion of your medical record.

21. Your Privacy Choices

Depending on the type of information involved, you may have choices regarding:

• marketing communications
• cookies
• certain website tracking technologies
• communications preferences
• requests concerning personal information
• access to certain information
• correction of certain information

Requests concerning PHI should generally be directed through the procedures described in our Notice of Privacy Practices.

22. HIPAA Notice of Privacy Practices

Our separate Notice of Privacy Practices explains how Sleep Performance may use and disclose PHI and describes your rights under HIPAA.

Notice of Privacy Practices

HHS requires covered providers to make their NPP available to individuals and prominently post it on websites that provide information about their services.

23. California Privacy Rights

Sleep Performance is committed to complying with applicable California privacy laws.

Certain medical information maintained by a healthcare provider may be subject to specialized federal and California healthcare privacy laws rather than general consumer privacy requirements.

Your rights and the laws applicable to information may depend on:

• the nature of the information
• whether it constitutes PHI
• whether it is maintained as part of your medical record
• the service involved
• applicable California law

Nothing in this Privacy Policy is intended to limit rights that cannot lawfully be limited.

24. Changes to This Privacy Policy

We may update this Privacy Policy periodically.

When we make material changes, we may update the “Last Updated” date and provide additional notice where required by law.

Your continued use of the website following an update constitutes acceptance of the revised Privacy Policy to the extent permitted by law.

Changes to our HIPAA Notice of Privacy Practices will be handled in accordance with applicable HIPAA requirements.

25. Contact Us

Questions regarding this Privacy Policy may be directed to:

• Sleep Performance Medical Corporation d/b/a Sleep Performance Company
• 12487 Canal Dr Unit 4 Rancho Cucamonga, CA 91739
• Email: info@sleepperformancecompany.com
• Practice/License Information: [TO BE INSERTED]