Text Messaging Privacy Policy and Terms and Conditions

Last Updated: 9.28.26

Privacy Policy

Ellis Orthodontics, PLLC dba Ellis Orthodontic Arts (“we,” “us,” “our,” or the “Practice”) is committed to protecting your privacy and safeguarding your Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and applicable Connecticut law. This Text Messaging Privacy Policy (“Policy”) governs how we collect, use, and disclose information about you in connection with our text messaging program(s) (the “Messaging Service”).

By using the Messaging Service, you agree to the terms of this Policy. We reserve the right, in our sole discretion, to modify or change this Policy at any time, with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted and supersede any prior version. Your continued use of the Messaging Service following the posting of any changes constitutes your acceptance of those changes. This Policy supplements, and does not replace, the Practice’s Notice of Privacy Practices, which governs our use and disclosure of your PHI generally.

Collection of Information

Through your use of the Messaging Service, we, or our third-party text messaging service provider acting on our behalf, will receive Personal Information about you. “Personal Information” includes information that individually identifies you, such as the mobile phone number you provided when signing up for the Messaging Service, any name you use in connection with the Messaging Service, appointment and scheduling information, billing information, and any comments, feedback, or other information you choose to include in messages sent through the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and the content of those messages.

We may also collect information about you using cookies or similar technologies in connection with any web-based scheduling or patient portal features associated with the Messaging Service. Cookies enable personalization of your experience (for example, sending you personalized appointment reminders).

If you participate in a patient satisfaction survey, contest, or similar activity associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use Personal Information, including any limited PHI transmitted through the Messaging Service, to deliver, analyze, maintain, and support the Messaging Service, including for treatment, payment, and healthcare operations purposes as permitted under HIPAA. We may also use this information to enhance the Messaging Service and to customize and personalize your experience, such as appointment reminders and follow-up care communications.

Protected Health Information Transmitted by Text

Standard text (SMS/MMS) messaging is not a fully secure means of communication. To reduce risk to your privacy, the Practice limits the PHI included in text messages to the minimum necessary for the purpose of the communication (for example, appointment date, time, and general reminders), and avoids including sensitive clinical details, diagnoses, or treatment specifics in text messages whenever possible.

By opting in to the Messaging Service, you acknowledge and consent to receiving these limited communications by text message and understand the inherent risks of this method of communication, including the possibility that messages could be intercepted or viewed by someone with access to your mobile device. If you would prefer to receive appointment reminders, billing updates, or other communications through a different method (such as phone call, secure patient portal, or mail), you may request this at any time by contacting the Practice using the information below, and we will accommodate reasonable requests consistent with HIPAA.

Where the Practice engages a third-party vendor to operate the Messaging Service on our behalf and that vendor creates, receives, maintains, or transmits PHI, we maintain a Business Associate Agreement with that vendor as required by HIPAA, obligating the vendor to appropriately safeguard your PHI and to use or disclose it only as permitted by HIPAA and our instructions.

Sharing of Information

We will not rent or sell your Personal Information or PHI to other companies or individuals unless we have your consent. We may use or disclose Personal Information in any of the following limited circumstances:

  • We have your consent.
  • We need to do so to enforce our Terms of Service.
  • We provide such information to trusted business associates or vendors for the sole purpose of processing information on our behalf or providing the Messaging Service to you, subject to a Business Associate Agreement or other written agreement requiring them to safeguard the information and to process it only in compliance with this Policy, HIPAA, and appropriate confidentiality and security measures.
  • We disclose information as necessary for treatment, payment, or healthcare operations, or as otherwise permitted or required under HIPAA and our Notice of Privacy Practices.
  • We believe disclosure is necessary or appropriate to: (i) comply with applicable law or legal process; (ii) respond to requests from public or government authorities; (iii) enforce an agreement with us; (iv) protect the rights, privacy, safety, or property of the Practice, our patients, or others; or (v) allow us to pursue available remedies or limit damages.
  • We transfer information in connection with a merger, acquisition, or sale of some or all of the Practice’s assets, subject to applicable HIPAA requirements regarding such transfers.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service, and such aggregated or de-identified information may be shared with third parties. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties for any purpose.

Protection of Information

The Practice maintains administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of your Personal Information and PHI, consistent with the HIPAA Security Rule, including ensuring that our third-party service providers protect the security of your information under a Business Associate Agreement. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You should note that in using the Messaging Service, your information will travel through third-party infrastructure not under our direct control, such as SMS delivery platforms and your mobile carrier’s network.

We cannot protect, and this Policy does not apply to, any information that you transmit to other individuals. You should never transmit sensitive personal, financial, or health information to other individuals through the Messaging Service.

Children

The Messaging Service is not intended for children under 13, and we do not knowingly collect information from children under the age of 13 through the Messaging Service. Text message consent for a minor patient’s care must be provided by a parent or legal guardian. By using the Messaging Service on behalf of a minor patient, you represent that you are the patient’s parent or legal guardian, or are otherwise authorized to provide consent on the patient’s behalf.

Retention of Information

We retain your Personal Information and any related PHI for as long as you participate in the Messaging Service, and thereafter as needed to comply with HIPAA, applicable Connecticut record-retention requirements for dental and orthodontic records, and other applicable legal obligations, or as necessary to resolve disputes, protect the Practice and our patients, and enforce our agreements.

Your Rights

You have the right to opt out of the Messaging Service at any time as described below. You also retain all rights afforded to you under HIPAA with respect to your PHI generally, including the right to access, request amendment of, and receive an accounting of certain disclosures of your PHI, as further described in the Practice’s Notice of Privacy Practices.

Questions or Concerns?

If you have any questions regarding this Policy or how we handle your information, please contact us at:

Ellis Orthodontics, PLLC

[email protected]

203-329-2712

1200 High Ridge Road, Stamford, CT 06905

SMS Terms and Conditions

Use of the Ellis Orthodontics, PLLC text message-based services (the “Messaging Service”) is subject to the following Terms and Conditions. These terms constitute a legal agreement (the “Agreement”). Please read them carefully.

Ellis Orthodontics, PLLC will provide several different opportunities, such as entering a phone number on a form, to opt in to the Messaging Service. When you sign up for our Messaging Service, you agree to receive the following type(s) of text messages from us:

  • Appointment reminders and scheduling
  • Follow-up and treatment care communications
  • Billing updates
  • Practice marketing and promotional messages

You can cancel the Messaging Service at any time. Just text “STOP” to unsubscribe. After you send the message “STOP” to us, we will send you a message confirming that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to rejoin, sign up as you did the first time, or reply “START,” and we will resume sending text messages to you. Opting out of the Messaging Service will not affect any other services you receive from the Practice.

If at any time you forget what keywords are supported, text “HELP.” After you send the message “HELP” to us, we will respond with instructions on how to use the Messaging Service, including how to unsubscribe.

Message and data rates may apply to any messages sent to you from us or from you to us, and Ellis Orthodontics, PLLC is not liable for the cost of any such messages. Message frequency may vary. Carriers are not liable for delayed or undelivered messages. If you have questions about your text or data plan, please contact your wireless provider. For all other questions about the Messaging Service, you may email us at [email protected]

You understand that anyone with access to your mobile phone may be able to view the messages you receive through the Messaging Service, and you agree that Ellis Orthodontics, PLLC will not be liable to you if this occurs.

You understand that you are not required to consent to the Messaging Service to receive any other services from Ellis Orthodontics, PLLC.

By agreeing to these Terms and Conditions and providing your mobile phone number when you opt in to the Messaging Service, you authorize Ellis Orthodontics, PLLC to contact you by text message at that mobile phone number, including through an automatic telephone dialing system or similar technology, as applicable.

If you have any questions regarding privacy, please review our Privacy Policy above.