Privacy Policy

This Privacy Policy (our “Privacy Policy”) supplements Evolve Care Partners LLC’s, and Peds MD PLLC’s (collectively, “Company,” “we,” “us,” and “our”) Terms of Use and describes how we collect, use, maintain, protect, and disclose Personal Data about you through your use of our websites at thepedsmd.com, thenestmd.com, and evolvecarepartners.com and any related online services (the “Services”).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with this Privacy Policy, your choice is not to use the Services. By accessing or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. Capitalized terms used but not defined in this Privacy Policy have the meanings given in our Terms.

Scope; Relationship to Health Information

This Privacy Policy applies only to Personal Data we collect through the Services (our website) that does not constitute Protected Health Information (“PHI”), as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended (“HIPAA”). All collection, use, and disclosure of your PHI is governed by HIPAA and Peds MD’s Notice of Privacy Practices (“NPP”), together with applicable state law and the informed consents and Membership Agreement you sign with us. We treat all health information you provide to us in connection with becoming a patient and interacting with your Care Team as PHI governed by the NPP, and if we need to collect, use, or disclose that health information for any reason, we follow the NPP, not this Privacy Policy. To the extent any provision of this Privacy Policy conflicts with our obligations under HIPAA or the NPP, our HIPAA obligations and the NPP control. Please review the NPP for more information on how we protect your health information and your rights under applicable law.

Children’s Privacy

Our Services are directed to parents and guardians, not to children. We support and comply with the Children’s Online Privacy Protection Act (“COPPA”). The website is not intended for use by children, and we do not knowingly collect Personal Data directly from children under 13 through the website; if you are under 13, please do not attempt to register with us or provide any Personal Data about yourself to us directly. Parents and guardians provide information about their children to us in connection with enrollment and care, and by submitting information about your child you represent that you are the child’s parent or legal guardian and are responsible for that information. If you believe we have collected information directly from a child under 13 through the website without appropriate consent, please contact us at privacy@thepedsmd.com and we will take appropriate steps to delete that information.

Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of the Services, specifically information:

• by which you (or your child) may be personally identified, such as name, postal address, billing address, email address, mobile telephone number, date of birth, payment card information (for payment purposes only), and the family details and health information you choose to provide to us in connection with inquiries or care (“Personal Data”);
• that is about you but does not individually identify you, such as limited usage information; and
• about your internet connection and the equipment you use to access the Services, to the limited extent collected.

We collect this information:

• directly from you when you provide it to us (e.g., when you submit a membership inquiry, contact us, or purchase a product or service);
• from third parties, for example our payment processor or other service providers that support our business.

Information You Provide to Us

The information we collect on or through the Services includes information you provide by filling in forms linked on our website, including our membership inquiry, business inquiry, newborn care, and onboarding forms. Depending on the form, this may include your name, contact information, family details, and health information you choose to provide; form submissions are collected and stored on our third-party form vendor, JotForm’s, HIPAA-tier infrastructure rather than on our website. We also collect records and copies of your correspondence if you contact us, and details of transactions you carry out through the Services. You may be required to provide payment information before completing a purchase, which is processed by our third-party payment processor.

Information We Collect Through Automatic Data Collection Technologies

When you visit our website, we and our service providers automatically collect certain data and information through the following technologies.

Google Analytics. We use Google Analytics (GA4), a web analytics service provided by Google LLC (“Google”), to understand how visitors use the Site, including pages visited, device and browser information, and button clicks. Google Analytics operates on a consent basis through the cookie banner deployed on our website, and no Google Analytics cookies are set unless and until you accept. We do not use Google Analytics Advertising Features, or any other tool, to provide interest-based or third-party advertising, and we do not use this information to track you across other websites. For more information about how Google processes data, please review Google’s Privacy Policy.

Vercel Analytics and Server Logs. We also use Vercel Analytics, which operates on a cookieless basis at all times and does not collect any personal identifier. In addition, our website host collects standard server logs (such as IP address and browser type) as a standard part of operating and securing the website. We do not use Vercel Analytics, server logs, or any other automatic data collection technology described in this section for advertising purposes, and we do not use this information to track you across other websites.

We use a cookie banner to obtain your consent before Google Analytics (GA4) sets analytics cookies on our website; you may decline cookies or later change your cookie preferences through the banner. We do not use automated data collection technologies to track you across third-party websites, and we do not honor “Do Not Track” signals that may be sent by some browsers.

Third-Party Services and Features

Our website links to, or embeds features from, certain third-party services, including JotForm (which hosts our forms on HIPAA-tier infrastructure), Google Maps, Stripe, Fullscript, Substack, and Spruce. When you interact with these third-party services, they collect and process information under their own privacy policies and terms, and this Privacy Policy does not apply to that processing. We encourage you to review the privacy policies of these third parties before providing them with information.

How We Use Your Information

We use your Personal Data for purposes including to:

• provide and administer the Services and respond to your inquiries;
• provide products and services you request from us;
• process payments and carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;
• communicate with you about your account, appointments, and the Services;
• with your consent, send you newsletters or other promotional communications (which you may opt out of at any time);
• comply with our legal obligations; and
• for any other purpose with your consent.

If you wish to opt out of receiving promotional communications, you may do so at any time by clicking unsubscribe at the bottom of such communications or by contacting us at privacy@thepedsmd.com.

Disclosure of Your Information

We do not sell your Personal Data, and we do not share your Personal Data for purposes other than those outlined in this Privacy Policy. We may disclose Personal Data that we collect or that you provide:

• to service providers and other third parties that support our business (e.g., JotForm for form hosting, Stripe for payment processing, Google Analytics and Vercel Analytics for website analytics, and Fullscript, Substack, and Spruce for related services);
• to clinicians and others involved in providing care, consistent with applicable law and the consents you sign;
• to a buyer or successor in the event of a merger, reorganization, dissolution, or sale or transfer of some or all of our assets;
• to comply with any court order, law, or legal process, including responding to a government or regulatory request;
• to enforce or apply our Terms and other agreements, including for billing and collection; and
• with your consent, or as otherwise disclosed when you provide the information.

We may also disclose aggregated or de-identified information that does not identify any individual without restriction.

Consumer Health Data

Some information you provide to us through the Services may be considered “consumer health data” under certain state laws. We collect such information only to provide and support the Services and care you request, to respond to your inquiries, and as otherwise described in this Privacy Policy. We do not sell consumer health data, and we share it only with service providers and others involved in providing the Services consistent with applicable law and the consents you provide.

Your Rights and Choices

Depending on your state of residence, you may have rights regarding your Personal Data, which may include the right to access, correct, delete, or obtain a copy of your Personal Data, and to opt out of certain processing. To exercise any of these rights, please contact us at privacy@thepedsmd.com. We will respond consistent with applicable law. To protect your privacy, we may take steps to verify your identity before fulfilling your request. We may decline a request where permitted or required by law, including where we cannot verify your identity.

Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure, including the use of secure platforms for messaging and payment. The safety and security of your information also depends on you; where you have chosen a password, you are responsible for keeping it confidential. The transmission of information via the internet is not completely secure, and we cannot guarantee the security of your Personal Data transmitted to the Services. Any transmission of Personal Data is at your own risk.

Retention

We keep your Personal Data while you have a relationship with us or while we are providing Services to you, and thereafter as necessary to respond to questions or claims, demonstrate that we treated you fairly, and keep records required by law. When it is no longer necessary to retain your Personal Data, we will delete or de-identify it.

International Users

The Services are controlled and operated by us from the United States and are intended for users located in the United States. You are prohibited from accessing the Services from outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Changes to Our Privacy Policy

We may change this Privacy Policy at any time. If we make material changes to how we treat your Personal Data, we will post the updated policy on the Services and update the “Last modified” date above. You are responsible for periodically reviewing this Privacy Policy for changes.

Contact Information

If you have any questions, concerns, complaints, or suggestions regarding this Privacy Policy, contact us at:

Peds MD PLLC
1515 Mockingbird Lane, Suite 4111, Charlotte, NC 28209
Email: privacy@thepedsmd.com

For information on how medical information about you or your child may be used and disclosed as a patient, please see our Notice of Privacy Practices.