
Terms of Use
​Conditions of Use
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grant use and access of our website, our products, and our services to those who have accepted our terms of use and are resident in the United States.
Privacy policy
Before you continue using our website, we advise you to read our Privacy Policy regarding our user data collection, retention and transmission. It will help you better understand our practices.
Age Restriction
You must of legal age in the U.S state of your residence before you can use our website. By using our website, you warrant that you are of legal age in the U.S, state of your residence to use our website or if you are not of legal age, you have the consent of your parent or legal guardian to use our website and legally adhere to this Agreement. Functional Pharmacology Consults PLLC, its members, managers, employees, agents, suppliers, affiliates and licensors (singularly and collectively the “Company”) assume no responsibility for liabilities related to age misrepresentation.
Intellectual Property
You agree that all materials, products, and services provided on our website are the property of the Company including all copyrights, trade secrets, trademarks, patents, and other intellectual property rights. You also agree that you will not reproduce or redistribute our intellectual property in any way, including electronic, digital, or new trademark registrations. You grant the Company a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and enter into the website. For issues regarding intellectual property claims, you should contact us in order to come to an agreement.
User Accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your personal identifying and personal health information. You are also responsible for all activities that occur under your account or password.
The Company uses https://jane.app to access your health records and http://sprucehealth.com for communications with you. The Apps may request your personal information and personal health information. These Apps are provided independent of the Company and the Company does not assume any responsibility for their accuracy or security of the information you provide.
Jane App policy links: Privacy Notice and Terms of Use
Spruce App policy links: Privacy Policy and Terms of Use
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.
We reserve all rights to terminate or suspend accounts, edit or remove content and cancel orders in our sole discretion.
The Company provides website user support services and website updates which can be accessed at support@FRxConsults.com
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Applicable Law
By visiting this website, you agree that the laws of the state of Florida, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between us and you, or our business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to our products or services shall be subject to the jurisdiction of the state or federal courts located in Jacksonville, Florida or arbitration in accordance with the terms of our Patient Consent and you consent to exclusive jurisdiction and venue of such courts or arbitration.
Indemnification
You agree to indemnify, defend and hold the Company harmless from and against legal claims and demands that may arise from your use or misuse of the Company’s products or services. The Company reserves the right to select our own legal counsel.
Limitation on Liability
The App and its content are provided “AS IS” without warranties of merchantability, non-infringement, or fitness for purpose. The Company is not liable for any damages that may occur to you as a result of your use or misuse of our website. The Company reserves the right to edit, modify, and change this Agreement at any time. You shall be advised of these changes through electronic mail. This Agreement is between Functional Pharmacology Consults, PLLC and you and supersedes and replaces all prior agreements regarding the use of our website.
Privacy Policy
Functional Pharmacology Consults, PLLC, a limited liability company (“Company” or “we” or “us” or “our”) is publishing this Privacy Policy for its users (“user” or “you”) that use our website located at www.FRxConsults.com, including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should review any changes since the last time you used the Website.
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Notice to Users Outside the United States
The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you may be viewed as transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet (including personal data collection, use and disclosure), different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website. Further, note that your jurisdiction may offer a more limited or different level of protection with respect to the privacy of your data.
***BY USING OR ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.***
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person.
Like most website operators, Company gathers from users of the Website Non-Personally Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after
leaving the Website. Although such information is not Personally Identifying Information, it may be possible for Company to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Company analyzes Non-Personally Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use.
From time to time, Company may also release the Non-Personally Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
Web Cookies
A “Web Cookie” is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. We use cookies on the Website to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Website and to facilitate purchase procedures. Company also uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES MAY LOSE FUNCTIONALITY OR USE OF CERTAIN FEATURES OF THE WEBSITE.
A “Flash Cookie” is a small file stored on your computer by a website that uses Adobe’s Flash player technology. Flash cookies use Adobe’s Flash player to store information about your online browsing activities. Flash cookies can be used to replace cookies used for tracking and advertising, because they also can store your settings and preferences. Similarly, Company can place unique HTML5 cookies within a browser’s local storage to identify a user over time. When you delete or clear cookies from your browser, you will not necessarily delete the Flash cookies stored on your computer. For more information please see: https://www.consumer.ftc.gov/articles/0042-online-tracking
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“Device fingerprinting” can track devices over time, based on your browser’s configurations and settings. Because each browser is unique, device fingerprinting can identify your device, without using cookies. Since device fingerprinting uses the characteristics of your browser configuration to track you, deleting cookies won’t help. Device fingerprinting technologies are evolving and can be used to track you on all kinds of internet-connected devices that have browsers, such as smart phones, tablets, laptop and desktop computers. For more information please see: https://www.consumer.ftc.gov/articles/0042-online-tracking.
Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to the Website and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third-party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the instructions and links here: http://www.networkadvertising.org/choices and http://preferences-mgr.truste.com, or http://www.aboutads.info/choices. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
We may allow advertisers to choose the characteristics of users who will see their advertisements, and we may use any of the Non-Personally Identifying Information we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.
Web Beacons
A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally Identifying Information. They are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
In addition, Company may make use of de-identified information in accordance with applicable privacy law.
Mobile Device Additional Terms
• Mobile Device. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
• Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
• Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
• Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally Identifying Information you submit within the mobile application.
SOCIAL MEDIA
We may provide you the option to connect your account on the Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites of these social networks and are not within our control.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
Website Registration
As defined above, Personally Identifying Information is information that can be directly associated with a specific person. Company may collect a range of Personally Identifying Information from and about Website users. Much of the Personally Identifying Information collected by Company about users is information provided by users themselves when (1) registering for our service, (2) logging in with social network credentials, (3) participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements, (4) communicating with us, (5) creating a public profile or (6) signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.
BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Online Postings
Certain Personally Identifying Information collected from users may be disclosed as a matter of course as a result of your use of the Website. We may provide areas on the Website where you can post reviews and other information relating to your activities on the Website. Such postings are governed by our Website Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
Company Communications
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though this may not opt you out of all emails, such as notices about your account, including service announcements and administrative messages.
General Use by Company
Company uses the Personally Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the products and services that you have requested; (2) to manage your account and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content and advertising tailored to your interests on the Website and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Website Terms of Use; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.
Company Disclosures
Company will disclose Personally Identifying Information under the following circumstances:
• By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Website Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• Marketing Communications. Unless users opt-out from receiving Company marketing materials upon registration, Company may email users about products and services that Company believes may be of interest to them. If you wish to opt-out of receiving marketing materials from Company, you may do so by following the unsubscribe link in the email communications, by going to your account settings (if applicable) or contacting us using the contact information below.
• Third-Party Service Providers. We may share your Personally Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
• Business Transfers; Bankruptcy. Company may disclose all Personally Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
• Employees, Contractors, and Consultants: Some Company employees and operations contractors, and consultants may have limited access to your Personal Information in the course of providing services to you, including for the purpose of troubleshooting problems and/or resolving complaints. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Website. Access to your Personal Information is limited to the information reasonably necessary for the employee or contractor to perform the function needed to resolve the issue or to provide or improve the service.
•Use and Disclosure of Personally Identifying Information for Healthcare Operations & Services: We may use and disclose your Personally Identifying Information to provide you with care, to run our healthcare operations, to take payment, or to provide information to clinicians who work with our Website, platforms and systems, and to comply with state and US federal regulations. We implement a range of technical, administrative and physical safeguards to protect your Personally Identifying Information. To the extent you are transmitting information known as Protected Health Information (“PHI”) under HIPAA, this may entitle you to certain rights described under HIPAA, The Florida Information Protection Act (FIPA), The Florida Telehealth Act (FTA), and The Florida Digital Bill of Rights (FDBR)
Your Ability to Change Personally Identifying Information; Account Termination
You may at any time review or change your Personally Identifying Information by going to your account settings (if applicable) or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings (if applicable) or contact us as provided below. We will retain in our files some Personally Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Website Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.
Children's Personally Identifying Information
The features, programs, promotions and other aspects of our service requiring the submission of Personally Identifying Information are not intended for anyone under 18 years of age. We do not knowingly collect Personally Identifying Information from children under the age of 18 other than minor children receiving the service through registration by their parent or legal guardian. If you are under 18 then you may not use or access our website or services at any time or in any manner. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed Personally Identifying Information to us please contact us at support@frxconsults.com A parent or guardian of a child under the age of 18 may review and request deletion of such child’s Personally Identifying Information as well as prohibit the use thereof.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally Identifying Information received from Company, other than in accordance with this Privacy Policy. However, third parties are under no obligation to comply with this Privacy Policy with respect to Personally Identifying Information that users provide directly to those third parties, or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third-party applications accessible through the Website through Links or otherwise. Company neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Website, directly through the Website or otherwise, and before providing any Personally Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.
SECURITY
We use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.
We are dedicated to protect all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you lose control of your account, you should notify us immediately.
Despite our efforts to protect your Personally Identifiable Information and Personal Health Information, there is always some risk that an unauthorized third party may find a way around our or third party security systems or that transmissions of your information over the Internet may be intercepted. We will utilize encrypted application systems for your medical records, personal health information and email communications with you. We make no representations or warranties regarding the sufficiency of the above security measures. No data transmission over the Internet or through mobile devices can be guaranteed to be 100% secure. While we strive to protect your personal information from unauthorized access, use or disclosure, we cannot ensure or warrant the security of any information you transmit to us on the Website. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Therefore, the Company is not responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy because of a security breach or technical malfunction.
PRIVACY POLICY CHANGES
Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Company will always post new versions of the Privacy Policy on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.
DO-NOT-TRACK POLICY
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Our Website does not honor or respond to DNT browser signals or mechanisms.
QUESTIONS OR COMPLAINTS
If you have any questions regarding our Privacy Policy or complaints regarding your privacy rights, please submit your complaint in writing our Privacy Officer at:
Attn: Privacy Officer
Email: support@FRxConsults.com
Phone: (904) 872-5468
We will not retaliate against you for filing a complaint.
In addition, you can complain to:
Secretary of the U.S. Department of Health and Human Services Office of Civil Rights 200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201
For additional information, call U.S Office of Civil Rights at (800) 368-1019 (Voice) or (800) 537-7697 or via Fax: (202) 619-3818 or email: ocrmail@hhs.gov, or contact your local Office of Civil Rights of the U.S. Department of Health and Human Services: https://www.hhs.gov/ocr/about-us/contact-us/index.html#ocr-regional-offices.
EFFECTIVE DATE
This Privacy Policy is effective as of September 12, 2025 and, was last updated on October 27, 2025
Changes to this Notice
If we change the terms of this Privacy Policy, then we will post the new Privacy Policy on our Website. Any new Privacy Policy will apply to all the information that we maintain, including information that was created prior to the change.
HIPAA Rights
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Functional Pharmacology Consults, PLLC, a telehealth consultation practice serving clients in Florida and California, is committed to protecting the privacy of your Protected Health Information (PHI) in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Florida Information Protection Act (FIPA), the California Confidentiality of Medical Information Act (CMIA), and other applicable federal and state laws. This Notice of Privacy Practices explains how we may use and disclose your PHI, your rights regarding your PHI, and our responsibilities to protect it.
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1. What is Protected Health Information (PHI)?
PHI is any individually identifiable health information we create, receive, maintain, or transmit in electronic, written, or oral form. This includes information about your health condition, treatment, or payment for services, such as medical records, lab results, or billing information.
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2. Our Commitment to Your Privacy
At Functional Pharmacology Consults, PLLC, we use secure, HIPAA-compliant telehealth platforms and encryption to protect your PHI during consultations and communications. We are dedicated to safeguarding your information and only use or share it as permitted by law or with your authorization.
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3. How We May Use and Disclose Your PHI
We may use or disclose your PHI for the following purposes, as permitted by HIPAA, FIPA, and CMIA:
A. Without Your Authorization
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Treatment: To provide you with telehealth consultations, such as sharing your health information with your primary physician for lab test recommendations or coordinating care.
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Payment: To bill for services, process payments, or seek reimbursement from your insurance (not applicable at this time).
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Healthcare Operations: For activities like quality improvement, staff training, or managing our practice (e.g., reviewing consultation records to improve care).
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As Required by Law: To comply with federal, state, or local laws, such as reporting to public health authorities or responding to court orders.
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Public Health and Safety: To prevent or lessen a serious threat to your health or safety or that of others.
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Health Oversight Activities: To provide information to government agencies for audits, investigations, or licensing activities.
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Other Permitted Uses: For limited purposes, such as to coroners, funeral directors, or organ donation organizations, as allowed by law.
B. With Your Authorization
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We will obtain your written authorization before using or disclosing your PHI for purposes not listed above, such as marketing, selling your PHI, or sharing sensitive information like mental health or HIV status (especially under California’s CMIA).
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You may revoke your authorization in writing at any time, except to the extent we have already acted on it.
C. Special Considerations for California and Florida
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California (CMIA): Additional protections apply to sensitive information, such as mental health, HIV status, or substance abuse treatment. We will obtain specific consent for disclosures of this information unless required by law.
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Florida (FIPA): We comply with Florida’s data security requirements to protect your PHI from unauthorized access or breaches.
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4. Your Rights Regarding Your PHI
You have the following rights under HIPAA and applicable Florida and California laws:
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Right to Access: You may request to inspect or receive a copy of your PHI. We will respond within 30 days (or 15 days for electronic records in California). A reasonable fee may be charged for copies.
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Right to Amend: You may request corrections to your PHI if you believe it is inaccurate. We will review and respond within 60 days. We may deny the request in certain cases, but we will provide a written explanation.
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Right to an Accounting of Disclosures: You may request a list of non-routine disclosures of your PHI made in the past six years (or three years in California, if applicable). The first request in a 12-month period is free; additional requests may incur a fee.
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Right to Request Restrictions: You may request limits on how we use or disclose your PHI for treatment, payment, or healthcare operations. We are not required to agree but will consider your request carefully, especially for sensitive information under CMIA.
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Right to Confidential Communications: You may request to receive communications (e.g., appointment reminders) by alternative means or at a different location (e.g., a specific email or phone number). We will accommodate reasonable requests.
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Right to a Paper Copy of This Notice: You may request a paper copy of this Notice at any time, even if you received it electronically.
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5. Our Responsibilities
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Safeguarding Your PHI: We use HIPAA-compliant telehealth platforms, encryption, and secure storage to protect your PHI. Our staff is trained annually on HIPAA, FIPA, and CMIA requirements.
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Breach Notification: If a breach of your unsecured PHI occurs, we will notify you within 60 days (or 30 days in California, if required by CMIA). We will also notify the U.S. Department of Health and Human Services (HHS), the Florida Attorney General (for breaches affecting 500 or more individuals), and/or the California Department of Public Health, as required.
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Business Associates: We work with third-party vendors (e.g., telehealth platforms) under Business Associate Agreements (BAAs) to ensure they protect your PHI in compliance with HIPAA, FIPA, and CMIA.
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Changes to This Notice: We may update this Notice to reflect changes in our practices or legal requirements. The updated Notice will be posted on our website www.FRxConsults.com/policies and provided to you at your next consultation. You will be notified of material changes.
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6. Complaints
If you believe your privacy rights have been violated, you may file a complaint with us or with state and federal authorities:
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Contact Our Privacy Officer:
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Name: Blake Cunnington, Privacy Officer
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Phone: (904) 872-5468
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Email: support@FRxConsults.com
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We will investigate and respond within 30 days (or 15 days in California, if required).
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Federal: U.S. Department of Health and Human Services, Office for Civil Rights (OCR) at www.hhs.gov/ocr or 1-800-368-1019.
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Florida: Florida Department of Health at www.floridahealth.gov or Florida Attorney General at www.myfloridalegal.com.
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California: California Department of Public Health at www.cdph.ca.gov or California Attorney General at www.oag.ca.gov. We will not retaliate against you for filing a complaint.
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7. Examples of Services and PHI Use
Our telehealth services, such as Initial Consultations, Follow-Up Consultations, Lab Interpretation, Prescription/Supplement Regimen Optimization, and Direct-to-Provider Contact, involve collecting and using PHI to:
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Assess your health status, lifestyle, and medications.
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Provide recommendations for lab tests, dosing protocols, and dietary/lifestyle changes.
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Communicate with you via secure, HIPAA-compliant platforms (e.g., text, video, or audio). For example, during an Initial Consultation, we may collect information about your medical history or current supplements to create a Customized Dosing Protocol. This PHI is stored securely and only shared with your authorization or as permitted by law.
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8. Contact Information
For questions about this Notice or our privacy practices, please contact:
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Business Name: Functional Pharmacology Consults, PLLC
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Privacy Officer: Blake Cunnington
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Phone: (904) 872-5468
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Email: support@FRxConsults.com
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Website: www.FRxConsults.com
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9. Acknowledgment
By engaging our telehealth services, you acknowledge that you have received and reviewed this Notice of Privacy Practices. A copy is available on our website or upon request.
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Penalties for Healthcare Staff Breaching HIPAA Laws
Healthcare professionals who breach HIPAA laws can face severe penalties, including:
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Civil Monetary Penalties (CMPs): These are financial penalties imposed by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) for HIPAA violations. Penalties vary depending on the level of negligence or intent involved, and range from $100 to $50,000 per violation, with an annual maximum of $1.5 million for identical violations.
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Criminal Penalties: In cases of intentional misuse or unlawful disclosure of PHI, the Department of Justice (DOJ) can impose criminal penalties, including fines of up to $250,000 and imprisonment for up to 10 years, depending on the severity of the offense.
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Professional Discipline: State licensing boards may take disciplinary action against healthcare professionals who violate HIPAA, potentially leading to the loss of their medical license.
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Lawsuits and Settlements: Individuals whose privacy has been violated can sue the organization and responsible individuals for damages.
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Financial Policy
At Functional Pharmacology Consults, we strive to provide transparent, high-quality telehealth and supplement services. As a self-pay clinic, we do not accept insurance, and patients are responsible for all costs associated with our services. Please review our financial policy below to understand your financial obligations.
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1. Non-Insurance Policy
Functional Pharmacology Consults does not accept insurance as a form of payment and operates on a self-pay basis. This includes private insurance, Medicare, Medicaid, or any other insurance plans. Patients are responsible for the full cost of all services and products at the time of purchase or service.
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2. Service Fees and Pricing Transparency
All fees for telehealth consultations, follow-up visits, lab interpretation, prescription and supplement regimen optimization, direct-to-provider contact subscription and comprehensive wellness packages are clearly listed on our pricing page at www.FRxConsults.com/pricing. Pricing is subject to change, and the most current rates are always available on our website. Patients are encouraged to review the pricing page prior to scheduling services or purchasing products.
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3. Payment Expectations
Full payment is required at the time of service or immediately following a telehealth consultation appointment or initiation of Direct-to-Provider Contact subscription service. Comprehensive Wellness Packages and multiple-month Direct-to-Provider Contact subscriptions will require a full up-front payment to receive the discounted rate. Payment in full shall be due at the time of the initial consultation for the Comprehensive Wellness Package and upon initiation of the Direct-to-Provider Contact service. For telehealth consultation services and Direct-to-Provider Contact subscription services, we accept payments via credit card. A valid credit card must be placed on file prior to the provision of such services. For supplement products purchased from the Fleming Island office: we accept credit card, Venmo, cash, check, and electronic bank transfers. Please ensure payment is completed promptly to avoid service interruptions.
4. Cancellation and No-Show Policy
Cancellations or rescheduling requests for telemedicine appointments must be made at least 48 hours prior to the scheduled appointment time. Failure to provide 48 hours’ notice or missing an appointment will result in a penalty of 25% of the scheduled service cost. This fee will be charged to the payment method on file.
5. Refund Policy
No refunds will be offered for telemedicine consulting services once they have been rendered. For supplement products purchased from the Fleming Island office, refunds may be provided for product issues (e.g., defective or damaged items). These situations are subject to review. Refund requests for supplements must be submitted by email to support@FRxConsults.com within 30 days of purchase, and approved refunds will be processed via the original payment method.
Supplement Refund Policy for FullScript Purchases
All supplement products purchased through the FullScript website are subject to FullScript’s refund policies. Functional Pharmacology Consults is not responsible for processing refunds for these purchases. For any refund inquiries or issues related to FullScript orders, please contact the FullScript customer service department directly at https://support.fullscript.com/articles/return-policy/. Patients are encouraged to review FullScript’s refund policy prior to placing an order.
Lab Test Refund Policy for Rupa Health Orders
All lab tests ordered through the Rupa Health platform are subject to Rupa Health’s refund and cancellation policies. Functional Pharmacology Consults is not responsible for processing refunds, cancellations, or any issues related to these orders. For any inquiries regarding refunds, cancellations, or support for Rupa Health lab tests (including eligibility, processing fees, and timelines), please contact the Rupa Health customer service department by visiting their support center at https://support.rupahealth.com/en/. Patients are encouraged to review Rupa Health’s full refund policy prior to placing an order.
6. Financial Responsibility and Liability
Patients are solely responsible for all charges incurred for services and products provided by Functional Pharmacology Consults. As we do not accept insurance, patients are responsible for seeking any potential out-of-network reimbursement directly from their insurance provider. Functional Pharmacology Consults is not responsible or liable for any advice, course of treatment, diagnosis, or other information, services, or products obtained through our website or clinic, nor for any issues related to insurance claims or denials.
7. Policy Updates
This financial policy may be updated periodically to reflect changes in our practices. The most current version of the policy will always be available on our website at www.FRxConsults.com/policies. Patients are encouraged to review the policy regularly to stay informed of any updates.
Acknowledgment
By submitting a "Contact Us" inquiry or purchasing supplements from Functional Pharmacology Consults, you agree to abide by the terms of this financial policy. For any billing questions or concerns, please contact us at support@FRxConsults.com. Thank you for choosing Functional Pharmacology Consults for your personal healthcare needs.
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Disclaimer
The content presented on the Functional Pharmacology Consults website is intended solely for informational and educational purposes. It is not designed to serve as medical advice, diagnosis, or treatment, nor should it be considered a replacement for professional medical consultation. Functional Pharmacology Consults strongly recommends that you seek the guidance of a licensed healthcare provider before making any health-related decisions.
Functional Pharmacology Consults, its affiliates, and contributors are not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you may obtain through this website. Any reliance on the information provided herein is at your own risk. We make no warranties, express or implied, regarding the accuracy, completeness, or suitability of the content for any particular purpose. Always consult with a qualified medical professional to address your individual health needs.​
