This website (“Site”) is owned by Brianna DeWitt, PT, DPT (“Company”, “me,” “my,” “I”).

This Privacy Policy describes how I collect, use, process and distribute your information, including “Personal Information” (defined below), used to access this Site. Some of the content and/or services on this Site are hosted by third-party (affiliated) platforms.

Some online purchases and services may have additional terms of use relating to that transaction.  

This Privacy Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute.  By using this Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.

Please read this Privacy Policy and any other Privacy Policies referenced herein carefully.  Use of any personal information or contribution you provide to me which is collected by me on or through this Site is governed by this Privacy Policy.  By using this Site, you consent to the terms of this Privacy Policy whether you have read it or not.

Personal Information I Collect

“Personal Information” is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. In general, you can visit this site without telling me who you are or revealing any personal information about yourself. There are times, however, when I may seek information from you, such as name, email address, and phone number. It is my intent to let you know before I collect such personal information from you and to obtain your consent where required.

When you interact with my sites and services, depending on the site or service, I may ask for the following personal information directly from you:

• Contact Information allows me to communicate with you, including delivering my e-newsletter to you, and generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers.  
• Payment Information needed to process payments, such as your credit or debit card number, expiration date, and card verification number when you purchase products and/or services from me.

• Transaction Information about how you interact with and use these sites and services, email, other communications, and applications, and how you interact with merchants, business affiliates, and service providers.
• Geographic Location Information but only if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service.

• Survey Data for functionality of certain services, which generally includes survey data (questions and responses).
• Appointment Information to schedule an appointment using the online appointment request service including any health or related information that you choose to share with me through free form text boxes.

Your Submissions help me with administration of my sites and services and includes any information you voluntarily provide, generally through free form text boxes, forums, uploading a document or authorizing me to retrieve and import information from another user or third party on your behalf.  In each of the above instances, you will know what personal information I collect through my sites and services because you voluntarily and directly provide it.  You may opt-out or request for me to delete your Personal Information by contacting me here.

Other Anonymous Information I Automatically Collect 

I may also collect certain technical information when you use this Site. For example, servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the Site and other software or hardware information. If you access this Site from a mobile or other device, I may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it.

In addition, I may collect information about how you use this Site, such as the date and time you visit the site, the areas or pages of the site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site, visits to sites outside this network, and other click-stream data. 

Cookies

This Site uses cookies and other tracking technologies, which may include but not be limited to browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) to customize content  delivered to you, improve your experience, increase security, provide social media features, and analyze traffic to the site.  Cookies also help me know how the site or marketing efforts are working, but these cookies generally do not collect any personal information about you.  I may share information about your use of this site with trusted social media, advertising and analytics partners.  Most browsers are initially set up to accept cookies. By visiting this Site, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.  

 
How I Use Personal Information

The information gathered from your use of this Site or provided by you voluntarily may be used to:

• Provide you with information about products, services, news and events.
• Allow you to use, purchase, and/or download products and services.
• Analyze use of services and products, develop new services and products and customize my products, services, and other information I make available.
• Send you important notices, such as communications about changes to your account, and my sites and services terms, conditions, or policies.
• Solicit input and feedback to improve sites and services and customize your user experience.
• Contact you via email, telephone, text or chat in a manner allowed by law.
• Meet my contractual obligations to you.
• Send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins.
• Inform you about new products or promotional offers, or other opportunities which I feel will be of interest to you, and to provide advertisements to you through this site, email messages, text messages, applications, or other methods of communication.
• Administer surveys, giveaways, contests, or similar promotions or events sponsored by me or my affiliates.
• Prevent fraud or potentially illegal activities, enforce this sites’ terms of use, or to comply with applicable law
• Help you schedule an appointment with me and remind you of upcoming or follow-up appointments.
• To use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.
• To run social media advertisements.

 In addition to the uses described above, I may use personal information collected for other purposes that are disclosed to you at the time the information is collected or with your consent. 

Sharing Personal Information

I may share personal information about you with those third parties in the following circumstances:

• When I engage third parties (also referred to as “affiliates”) to perform services on my behalf, including maintenance services, hosting, data storage, scheduling, security, analytics and data analysis, payment processing, email and text message distribution, customer service, providing certain interactive tools,  and conducting surveys.  
• To satisfy any applicable laws or regulations.
• To defend myself in litigation or a regulatory action.
• To protect the rights or property of Company and my affiliates including to enforce this Site’s Terms of Use.
• When I have a good faith belief that I am required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant).
• Where I believe my sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management.
• When I have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
• I may share personal information about you for any other purpose(s) disclosed to you at the time I collect your information or with your consent. 
• In addition, information about users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of my business assets.

Data Retention

I will retain the Personal Information you enter through this Site for the amount of time necessary to provide you with the information and/or services you request from me or to meet the purposes for collecting the information as described above.  

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites.  This Site may link to other sites or services operated by my affiliates or third parties, such as payment processing, if any.  I may also link to sites that may carry advertisements or offer products, services, newsletters or other content developed and maintained by third parties. I do not exercise control over third party sites or services. I am not responsible for the privacy practices of any such third parties. Once you leave this Site via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that I link to a site or present a banner ad or other type of advertisement is not an endorsement of the site, its products and services or their privacy or information security policies or practices.  The Company is not responsible for the content or practices of third-party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.  

Social Media.  I may also provide social media features on this Site that enable you to share personal information with your social network(s) and to interact with this Site. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. I encourage you to review the privacy policies and settings on the social media site(s) with which you interact.  

Bulletin Boards and Chat Areas.  I may provide a platform through which Users may communicate with each other, such as a Chat area or a Bulletin Board.  Users are solely responsible for the content of the messages they post on such forums. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Security/How Your Personally Identifiable Information Is Protected

Security for all personally identifiable information is extremely important to me. I take reasonable steps to protect the Personal Information you provide to me from misuse, disclosure and unauthorized access.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while I strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk. Should I be made aware of a data breach, I will inform you in accordance with applicable laws.

Your Access To and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, Users may contact Company to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify the Company and the information will be corrected. To review the personally identifiable information that company has collected about you, please email me here with the subject line: “Personal Information Review Request.” Users may also request that the Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email me here with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, please email me here with the words “Delete My Information” in the subject line.

You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal information may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way or have other questions about how the Company may use your personal data, please contact me here with the words “Privacy Request” in the subject line.

Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want information confirming how Company does shares your personally identifiable information with third parties for their direct marketing purposes, you may contact me here with the words “California Privacy” in the subject line of your email.

Unsubscribe/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from me at the point where I request information about you. You always have the option of removing your name from any email list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive.

Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from me.

Opting Out of Transactional or Relationship Communications.  Communications that are sent by me, such as appointment requests, reminders and cancellations, are indicated as being from me and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates and are often transactional or relationship messages. You may not be able to opt out of receiving certain messages although my services may provide a means to modify the frequency of receiving them.  Please contact me here if you wish to modify the delivery of any of these transactional/relationship messages.

Do Not Track

I do not currently actively respond to “Do Not Track” browser signals or mechanisms that indicate a request to disable online tracking of individual users who use my sites and services.

Transfer of Information Across National Borders: This Site and various information I collect are operated on servers located in and outside of the United States.  When you access or use the Site and/or services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard as if it was being housed in the United States. 

Data Controller and Processors

I am the data controller for the Personal Data I collect.  I use reasonable efforts to make sure data processors are GDPR-compliant.  I may use trusted third parties as processors for payments, email marketing, and delivery of some products and services.  Please note that third-parties who provide and/or publish content on this Site shall be deemed the data controllers for any personal data contained in the content uploaded to that third-party’s website and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is a data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third-Party Content.

Anti-Spam Policy

I have a no spam policy and make every effort to comply with the CAN-SPAM Act of 2003.  If you wish to opt-out of receiving any communications from me, please see the “Unsubscribe” section of this policy.

Children’s Online Privacy Protection Act Compliance

This Site is intended for people aged 18 and older.  Any use of this Site by anyone under the age of 18 must be supervised by a parent or guardian.  By using this Site, you attest that you are 18 or older or have permission from your parent or guardian to use this Site.  If the Company discovers that a child under age 18 has signed up on the Site or provided me with personally identifiable information without their parent’s/guardian’s permission, I will delete that child’s identifiable information from my records, subject to any applicable laws requiring me to retain the data. 

Dispute Resolution and Arbitration

If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules.  Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of this Site, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever.   

No Class Or Representative Proceedings: Class Action Waiver

YOU AGREE THAT CLAIMS AGAINST US MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Governing Law

This Privacy Policy, Company’s Terms and Conditions and any additional agreements applicable to certain services and/or products shall be construed according to the laws of Louisiana.  

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please email me through my Contact page.

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with me at the same email and address as above.  

Changes to This Policy

This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Last Updated: 1/19/2021