Last updated: December 1, 2019
About this Policy
This Policy sets out the essential details relating to your personal data relationship with Ginny Estupinian Ph.D. The Policy applies to any and all of our websites including but not limited to:
and all the services provided by and through Ginny Estupinian Ph.D.
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change in the way we collect or process your personal data, we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
Explain the way we use the personal data that you share with us in order to give you a great experience when you are using any of the Ginny Estupinian Ph.D. websites and Ginny Estupinian Ph.D. Services; and
Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.
We hope this helps you to understand our privacy commitments to you. For further clarification of the terms used in this Policy please call our office directly at 844,802-6512. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the Ginny Estupinian Ph.D. websites or provide any information to Ginny Estupinian Ph.D.
Your rights and your preferences: Giving you choice and control
You may be aware that a new European Union law, called the General Data Protection Regulation or “GDPR” gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
Right of Access – the right to be informed of and request access to the personal data we process about you;
Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
Right to Erasure – the right to request that we delete your personal data;
Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
Right to Object -the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
Right to object to your personal data being processed for direct marketing purposes;
Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how Ginny Estupinian Ph.D. uses your personal data.
If you have any questions about your privacy, your rights, or how to exercise them, please contact our office directly at 844-802-6512. We will respond to your request within a reasonable period of time upon verification of your identity.
How do we collect your personal data?
We collect your personal data in the following ways:
When you submit your contact information on a Ginny Estupinian Ph.D. website or when you sign up for an offer on one of our sites, we collect certain personal data, so you can receive the information you requested from the offices of Ginny Estupinian Ph.D. We collect your name, email address, phone numbers and any other details you may enter on our online forms or through the chatbot or other automated systems.
We use anonymized and aggregated information for purposes that include testing our IT systems, research data analysis, creating marketing and promotion models, improving the Ginny Estupinian Ph.D. website experience, that may include new features and functionality within our websites (see below).
What personal data do we collect from you?
Cookies, Pixels, and Tracking
- Cookies These are small files with a unique identifier that are transferred to your browser through our websites. They allow us to remember users who are logged in, to understand how users navigate through and use the Ginny Estupinian Ph.D. websites and to display personalized content and targeted ads (including on third-party sites and applications).
- Pixels, web beacons, clear GIFs. These are tiny graphics with a unique identifier, similar in function to cookies, which we use to track the online movements of users of the Quora Platform and the web pages of users of our Ad Services and to personalize content. We also use these in our emails to let us know when they have been opened or forwarded, so we can gauge the effectiveness of our communications.
- Analytics Tools. We may use internal and third-party analytics tools, including Google Analytics. The third-party analytics companies we work with may combine the information collected with other information they have independently collected from other websites and/or other online products and services. Their collection and use of information are subject to their own privacy policies.
The personal data we will ask you to provide is required in order to provide you with a quote or to send you the information you requested or answer your inquiry.
We will collect technical Data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to Ginny Estupinian Ph.D. websites, unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system.
We will also use personal data collected with your permission that enables us to provide you with services as well as answers to your inquiry.
Voluntary Mobile Data
You have the option to give us your consent to collect additional personal data from your mobile device to help us improve the mobile user experience of our websites.
We will not access any of the personal data listed below without first obtaining your consent:
Your precise mobile device location – If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location analysis for our website analytics in order to improve mobile user experiences and help us understand what is working and not working with regards to our websites. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what area you are located in to better serve the needs of potential clients that are locally based.
What do we use your personal data for?
When contracting with you to schedule an appointment, we may collect such personal data that can include: Your Name, Your Physical address, city and zip code, landline phone number, mobile phone number, credit card number to secure appointment and some brief details in order to provide services or provide answers to your requests for information.
When you use or interact with Ginny Estupinian Ph.D. websites, we use a variety of technologies to process the personal data we collect about you for various reasons including:
- To understand how you access and use the Ginny Estupinian Ph.D. websites, to ensure technical functionality of the Ginny Estupinian Ph.D. websites. To understand how you interact with applications, advertising, products, and services on the Ginny Estupinian Ph.D. websites.
- For any Legitimate Interest including, Account Registration Data, Service Usage Data
- To communicate with you for Ginny Estupinian Ph.D. purpose to include, but not be limited to: marketing research, promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.
If you require further information about the balancing test that Ginny Estupinian Ph.D. has undertaken to justify its reliance on the legitimate interest legal basis under the GDPR, please contact our office directly.
Sharing Your Personal Data
Ginny Estupinian Ph.D. does NOT sell the personal data collected or generated through our websites.
You do grant us permission to use and share anonymized data that may or may not be collected by our use of Google Analytics and other website analytical platforms.
Service Providers and Others
We use technical service providers which may operate the technical infrastructure that we need to support the Ginny Estupinian Ph.D. websites, in particular providers which host our sites, run our email system, manage, and maintain the Ginny Estupinian Ph.D. websites its content and the data we process.
We use technical service providers to help us communicate with you, as described above of this Policy.
We use marketing and advertising partners to help us understand your use of the Ginny Estupinian Ph.D. websites to provide you with a better service. We also may share personal data with certain marketing and advertising partners to help us market better to you and others.
Law Enforcement and Data Protection Authorities
We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law or respond to valid legal processes, such as a search warrant, a court order, or a subpoena.
We also will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
Purchasers of our business
Data Retention and Deletion
We keep your personal data only as long as necessary to provide you service and for legitimate and essential business purposes, such as maintaining the performance of the Ginny Estupinian Ph.D. websites, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes.
If you request, we will delete or anonymize your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
If there is an unresolved issue relating to your account, such as an outstanding balance or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
Third Party Ad Networks
For information about and to opt out of interest-based ads from many ad networks, go to:
- U.S.: www.aboutads.info Internet Advertising Bureau
- Canada: www.youradchoices.ca
- European Union: www.youronlinechoices.eu/
We do not knowingly collect or solicit personal information from anyone under the age of 13 (or under the age of 14 for anyone living in Spain or South Korea) or knowingly allow such persons to register. If we become aware that we have collected personal information from a child under the relevant age without parental consent, we take steps to delete that information.
Links to Other Websites
Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request by mail to the address below or on the contact page.
The Health Insurance Portability and Accountability Act (HIPAA) is a new federal law that provides new privacy protections and new client rights with regard to the use and disclosure of your Protected Health Information (PHI) used for the purpose of treatment, payment, and health care operations. HIPAA requires that we provide you with our privacy practices for use and disclosure of PHI for treatment, payment or health care operations. The law requires that we obtain your signature acknowledging that we have provided you with this information before this session. When you sign our HIPPA document, it will also represent an Agreement between us. You may revoke this Agreement in writing at any time. That revocation will be binding on us unless we have taken action in reliance on it, if there are obligations imposed on us by your health insurer in order to process or substantiate claims made under your policy, or if you have not satisfied any financial obligations you have incurred.
Limits on Confidentiality
Uses and Disclosures for Treatment, Payment, and Health Care Operations.
We may use or disclose your protected health information (PHI) for treatment, payment and health care operations purposes with your consent. To help clarify these terms, here are some definitions:
- “PHI” refers to information in your health record that could identify you.
• “Treatment, Payment, and Health Care Operations” – Treatment is when we provide, coordinate or manage your health care and other services related to your health care. An example of treatment would be when we consult with another health care provider, such as your family physician or another psychologist.
– Payment is when we obtain reimbursement for your healthcare. Examples of payment are when we disclose your PHI to your health insurer to obtain reimbursement for your health care or to determine eligibility or coverage.
– Health Care Operations are activities that relate to the performance and operation of our practice. Examples of health care operations are quality assessment and improvement activities, business-related matters such as audits and administrative services, and case management and care coordination.• “Use” applies only to activities within our office such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.
• “Disclosure” applies to activities outside of our office such as releasing, transferring, or providing access to information about you to other parties.
II. Uses and Disclosures Requiring AuthorizationWe may use or disclose PHI for purposes outside of treatment, payment, and health care operations when your appropriate authorization is obtained. An, “authorization,” is written permission above and beyond the general consent that permits only specific disclosures. In those instances, when we are asked for information for purposes outside of treatment, payment and health care operations, we will obtain an authorization from you before releasing this information.You may revoke all such authorizations (of PHI) at any time, provided each revocation is in writing. You may not revoke an authorization to the extent that (1) we have relied on that authorization; or (2) if the authorization was obtained as a condition of obtaining insurance coverage, and the law provides the insurer the right to contest the claim under the policy; or (3) in certain legal circumstances were you have been ordered into treatment by the court, and have chosen RFA to provide said treatment, you may not have the right once consenting to treatment to revoke or otherwise alter your treatment disclosures to the court (if you believe this pertains to you, please confer with your attorney to confirm).III. Uses and Disclosures with Neither Consent nor AuthorizationWe may use or disclose PHI without your consent or authorization in the following circumstances:
• Child Abuse: If we have cause to believe that a child has been, or may be abused (physically, emotionally, or financially), neglected, or sexually abused, we must make a report of such within 48 hours to the California Department of Child Protective Services, or to any appropriate local, or state, or federal law enforcement agency.• Adult and Domestic Abuse: If we have cause to believe that an elderly, conserved, or disabled person is in a state of abuse, neglect, or exploitation, (physically, emotionally, sexually, or financially) we must immediately report such to the California Department of Adult Protective Services, or to any appropriate local, or state, or federal law enforcement agency.
• Health Oversight: If a complaint is filed against us with the California State Board of Psychology, they have the authority to subpoena confidential mental health information from us relevant to that complaint. We are, therefore, required to comply with any such orders by the Board and would have to release your personally identifying information.
• Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law, and we will not release information, without written authorization from you, your personal or legally appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation itself is court ordered. You will be informed in advance if this is the case.
• Serious Threat to Health or Safety: If we determine that there is a probability of imminent physical injury by you to yourself or others, or there is a probability of immediate mental or emotional injury to you, we may disclose relevant confidential mental health information to medical or law enforcement personnel in order to protect your, or another’s safety.
• Worker’s Compensation: If you file a worker’s compensation claim, we may disclose records relating to your diagnosis and treatment to your employer’s insurance carrier.
IV. Client’s Rights and Psychologist’s Duties
• Right to Request Restrictions – You have the right to request restrictions on certain uses and disclosures of protected health information about you. However, we are not required to agree to a restriction you request.
• Right to Receive Confidential Communications by Alternative Means and at Alternative Locations – You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are seeing us. Upon your request, we will send your bills to another address of your choosing.)
• Right to Inspect and Copy – You have the right to inspect or obtain a copy (or both) of PHI in our mental health and billing records used to make decisions about you for as long as the PHI is maintained in the record. We may deny access to PHI under circumstances, but in some cases you may have this decision reviewed. You may examine and/or receive a copy of your Psychotherapy Notes unless we determine that release would be harmful to your physical, mental or emotional health. On your written request, we will discuss with you the details of the request and denial process.
• Right to Amend – You also have the right to request an amendment of PHI for as long as the PHI is maintained in the record. We may deny your request. Upon your written request, we will discuss with you the details of the amendment process.
• Right to an Accounting – You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization (as described in Section III of this Notice.) Upon your written request, we will discuss with you the details of the accounting process.
• Right to a Paper Copy – You have the right to obtain a paper copy of the notice from us upon request, even if you have agreed to receive the notice electronically.
For minors under 18 years of age, under certain situations, you may be able to obtain treatment without the consent of your parents (if so, you would then be able to consent and all other information contained herein would apply to you as if you were an adult. Otherwise, your Parents and/or Legal Guardians will need to consent for your treatment. You should be made aware of the fact that in California, under certain special circumstances, your Parents or Legal Guardians may have the right to obtain information about your treatment and/or to examine your treatment records upon request. It is my policy to request an agreement from your Parents or Legal Guardians that they agree to give up access to such information and/or your records at the outset of assessment or treatment. If they agree, I will provide them only with general information about our work together, unless I feel there is a high risk that you will seriously harm yourself or harm another person. In such cases, I would notify them of my concerns. Before giving them any information, I will discuss the matter with you, if possible, and do my best to handle any objections you may have about what I am prepared to discuss with them.
• We are required by law to maintain the privacy of PHI and to provide you with a notice of our legal duties and privacy practices with respect to PHI.
• We reserve the right to change the privacy policies and practices described in this notice without any prior notice. Unless we notify you of such changes, however, we are required to abide by the terms currently in effect.
• If we revise our policies and procedures, we will notify you in writing by mail. If such change occurs, please feel free to discuss any possible changes to your services, treatment, or the maintenance of your records with your evaluating psychologist.
• The procedures for selecting, giving, and scoring the tests, interpreting and storing the results, and maintaining your privacy will be carried out in accord with the rules and guidelines of HIPAA, the American Psychological Association, and other professional organization’s standards of practice.
• Assessment tools (i.e. “tests”) will be chosen that are suitable for the purposes described above. (In psychological terms, their reliability and validity for these purposes and population have been established.) These assessments will be given and scored according to the instructions in the tests’ manuals, so that valid scores will be obtained. These scores will be interpreted according to scientific findings and guidelines from the scientific and professional literature.
• Tests and test results will be kept in a locked, safe place for all appropriate durations as determined by the above-mentioned standards sources.
• You should be aware that pursuant to legal precedent, psychological test data may not be considered part of a client’s record. Because of the nature of these professional records, they can be misinterpreted and/or upsetting to untrained readers. For this reason, we recommend that you initially review them in our presence or have them forwarded to another mental health professional so you can discuss their findings and contents.
IV. Complaints and Grievances
If you are concerned that I have violated your rights, or you disagree with a decision we made about your treatment, I encourage you to discuss your concerns with me directly.
Alternatively, should you feel your rights have been violated, the California Department of Consumer Affairs’ Board of Psychology receives and responds to questions and
complaints regarding the practice of psychology. If you have questions or complaints you may contact the Board on the Internet at www.psychboard.ca.gov, by e-mailing [email protected], calling 1-866-503-3221 or writing to the following address:
Board of Psychology 2005 Evergreen Street, Suite 1400 Sacramento CA 95815
Ginny Estupinian PhD
2211 Moorpark Avenue, Suite 260
San Jose, CA 95128
Toll-Free Phone (844) 802-6512