FORM OF NOTICE OF PRIVACY PRACTICES AND TERMS AND CONDITIONS

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

THIS NOTICE IS EFFECTIVE 1/1/2025 UNTIL FURTHER NOTICE.

Please review this entire notice for details about the uses and disclosures Buena Vista Eyecare Optometry/Mark G Mitchell OD A Prof Corp may make of your medical information, about your rights and how to exercise them and about complaints regarding or additional information about our privacy practices.

OUR LEGAL DUTY

We use many methods to protect your oral, written and electronic medical information from illegal use or disclosure. We are required by law to: (a) keep your medical information private; (b) provide you with this notice and follow the policies listed here; (c) inform you if we cannot agree to limit how we share your medical information; (d) agree to reasonable requests to contact you by alternative means or at alternative locations; (e) get your written approval to share your medical information for reasons other than those listed above and permitted by law; and (f) notify you of any breaches of your unsecured health information.

We reserve the right to change our privacy practices and the terms of this notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all medical information that we maintain, including medical information we created or received before we made the changes. If we make a significant change in our privacy practices, we will change this notice and make available a copy of the notice at our office.

You may request a paper copy of our notice at any time by contacting us using the information at the end of this notice.

USES AND DISCLOSURES OF MEDICAL INFORMATION

We will use and disclose medical information about you for treatment, payment and health care operations. For example:

Treatment: We may disclose your medical information, without your permission, to a physician or other health care provider to treat you, or to coordinate or manage your health care and any related services. For example, we may share information about your eye condition to another health care professional to assist in their treatment of you.

Payment: We may use and disclose your medical information, without your permission, to determine eligibility, process claims or make payment for covered services you receive under your benefit plan. We may also disclose your medical information to a health care provider or another health plan for that provider or plan to obtain payment or engage in other payment activities. For example, we may need to give information about your treatment to your health plan so they will pay us or reimburse you for the treatment.

Health Care Operations: We may use and disclose your medical information, without your permission, for health care operations. Health care operations include, for example, health care quality assessment and improvement activities and general administrative activities.

Persons Involved in Your Care: Unless you object, we may disclose your medical information to a family member, friend or any other person you involve in your health care or payment for your health care. We will disclose only the medical information that is relevant to the person’s involvement, and at all times, we will only disclose the minimum necessary information. In addition, we may disclose your medical information to your personal representative (generally, a person who has authority to act on your behalf to make decisions related to your care).

Medical Emergency & Disaster Relief: We may use or disclose your name, location and general condition to notify, or to assist an appropriate public or private agency to locate and notify, a person responsible for your health care in appropriate situations, such as a medical emergency or during disaster relief efforts.

Appointment Reminders & Health-Related Benefits and Services: We may contact you to remind you of appointments. We may use your medical information to communicate with you about health-related products, benefits and services, payment for those products, benefits and services, and treatment alternatives that may be of interest to you.

Additional Uses and Disclosures Without Your Authorization: We may use and disclose your medical information, without your permission, when required by law, and when authorized by law for the following kinds of public health and interest activities, judicial and administrative proceedings, law enforcement, research and other public benefit functions: for public health, including to report disease and vital statistics, child and adult abuse, neglect or domestic violence; to avert a serious and imminent threat to health or safety; to a health oversight agency for health care oversight, such as activities of state insurance commissioners, licensing and peer review authorities and fraud prevention enforcement agencies; to the Secretary of the Department of Health and Human Services (“HHS”) for the purpose of investigating or determining our compliance with HIPAA; for research; in response to court and administrative orders and other lawful process; to law enforcement officials with regard to crime victims, crimes on our premises, crime reporting in emergencies and identifying or locating suspects or other persons; to coroners and medical examiners to identify a deceased person, determine cause of death, or other lawful duties; to funeral directors as needed to carry out their duties; to organ procurement, banking, or transplantation organizations to assist with organ, eye, or tissue donation and transplantation; to the military regarding individuals who are Armed Forces personnel or foreign military personnel, for activities considered necessary by appropriate military command authorities; to federal officials for lawful intelligence, counterintelligence and national security activities, and correctional institutions and law enforcement regarding persons in lawful custody; and as authorized by state worker’s compensation laws.

Uses and Disclosures With Your Authorization: You may give us written authorization to use your medical information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosure permitted by your authorization while it was in effect. Unless you give us a written authorization, we will not use or disclose your medical information for any purpose other than those described in this notice. An authorization is required for the following: most uses and disclosures of psychotherapy notes; most uses and disclosures for marketing purposes; and the sale of your medical information.
   
INDIVIDUAL RIGHTS

Access: You have the right to examine and to receive a copy of your medical information, with limited exceptions. You must make a written request to the contact at the end of this notice to obtain access to your medical information.

Disclosure Accounting: You have the right to a list of instances after April 13, 2003, in which we disclose your medical information for purposes other than treatment, payment and health care operations, as authorized by you, and for certain other activities. You must make your request to the contact at the end of this notice. We will provide you with information about each accountable disclosure that we made during the period for which you request the accounting, except we are not obligated to account for a disclosure that occurred more than six years before the date of your request and never for a disclosure that occurred before April 14, 2003.

Amendment: You have the right to request that we amend your medical information. You must make a written request to the contact at the end of this notice and the written request must explain why the information should be amended. We may deny your request only for certain reasons. If we deny your request, we will provide you a written explanation. If we accept your request, we will make your amendment part of your medical information and use reasonable efforts to inform others of the amendment who we know may have and rely on the unamended information to your detriment, as well as persons you want to receive the amendment.
       
Restriction: You have the right to request that we restrict our use or disclosure of your medical information for treatment, payment or health care operations, or with family, friends or others you identify. We are not required to agree to your request, except if you (or someone on your behalf) pay for a health care item or service in full and you request that we not disclose information about the health care to your health plan. If we agree to a restriction request, we will abide by our agreement, except in a medical emergency or as required or authorized by law. You must make a written request to the contact at the end of this notice.

Confidential Communication: You have the right to request that we communicate with you about your medical information in confidence by alternative means or to alternative locations that you specify. You must make a written request to the contact at the end of this notice and your request must represent that the information could endanger you if it is not communicated in confidence as you request. We will accommodate your request if it is reasonable and specifies the alternative means or location for confidential communication.
       
Right to Obtain a Paper Copy: You are entitled to receive this notice in written form, even if you receive this notice on our web site or by e-mail. Please contact us using the information at the end of this notice to obtain this notice in written form.
   
QUESTIONS AND COMPLAINTS

If you want more information about our privacy practices or have questions or concerns, please contact us using the information at the end of this notice.

If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your medical information in response to a request you made to amend, restrict the use or disclosure of, or communicate in confidence about your medical information, you may complain to us using the contact information at the end of this notice. You also may submit a written complaint to the Office for Civil Rights of the United States Department of Health and Human Services, 200 Independence Avenue, SW, Room 509F, Washington, D.C. 20201. You may contact the Office of Civil Rights’ Hotline at 1-800-368-1019. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.
   
CONTACT
BUENA VISTA EYECARE OPTOMETRY
408-293-2020
[email protected]
678 E Santa Clara
San Jose, CA 95112

INTERNET PRIVACY PRACTICES

PRIVACY POLICY
Most Recent Update: January 1, 2025
This Privacy Policy explains how Buena Vista Eyecare Optometry/Mark G Mitchell OD A Prof Corp collects, uses and discloses personal information of its customers, prospective customers, and visitors to its website at mybveye.com. 
COLLECTION OF PERSONAL INFORMATION 
Information collected directly from you: We may collect personal information directly from you, for example through a web form, during an online or in-person registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout. Personal information we collect directly from you may include [first and last name, address, email address, and phone number.
Information collected from your device: Our website may use tracking technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device, including for example your IP address, browser and operating system information, geographic location, referring website address, and other information about how you interact with the website. Our website may also use cookies to personalize your experience and enable certain features such as keeping track of items you put in your shopping cart. You may disable cookies in your web browser however parts of our website may not function properly. More information about blocking and deleting
cookies is available at http://www.allaboutcookies.org. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics. 
Information collected from our advertising partners: We may collect personal information about you from our advertising partners. Personal information we collect from our advertising partners may include your demographic information, shopping history, and geographic location.
USE OF PERSONAL INFORMATION 
We use information collected directly from you to provide you with our products and services, customer service and support, and other relevant information. We may also use this information to market our products and services to you, including by email and text message subject to your consent. 
We use information collected automatically from your device to provide our website to you, to optimize our website, and to assist with our advertising and marketing efforts. 
We may also use information collected from you and information collected from your device to send you abandoned cart reminders if you added items to your shopping cart but did not complete check out. 
We use information collected from our advertising partners to market our products and services to you.
We do not share mobile information with third parties for marketing purposes under any circumstances.
Data will only be shared with third parties under strict confidentiality agreements and for specific purposes.
​We commit not to transfer consumer data to external organizations without explicit consent, except as required by law or for necessary business operations under strict confidentiality agreements.
DISCLOSURE OF PERSONAL INFORMATION
We may use third-party service providers to assist us with providing and marketing our products and services to you and we may share your information with such third parties for these limited purposes. 
● We use Constant Contact for our email marketing and text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact-data-notice. 
● We use Eyecarepro  to help us understand how visitors interact with our website.Eyecarepro uses and processes your information in accordance with its privacy policy available at eyecarepro.com.
● We use Fait  to provide our online store. Fait uses and processes your information in accordance with its privacy policy available at faitships.com. 
● We use payanywhere] as our payment processor. Payanywhere uses and processes your payment information in accordance with its privacy policy available at payanywhere.com.
[We use Eyecarepro as our advertising partner. We may authorize our advertising partner to use cookies and similar technologies on our website to automatically collect certain information from your device and we may share information about you, your purchases, and your interactions with our website with our advertising partner, provided that no mobile information will be
shared with third parties/affiliates for marketing/promotional purposes. 
We may also share your personal information if necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 
EMAIL AND TEXT MESSAGE COMMUNICATIONS 
If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. 
If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available at www.bveye1.com/termsandconditions. 
YOUR PRIVACY RIGHTS 
You may have the right to request access to the personal information we hold about you, to port it to a new service, or to request that your personal information be corrected or deleted. To exercise any of these rights, please contact us at [email protected] or 408-293-2020.
CHANGES TO THE THIS PRIVACY POLICY 
We may update this Privacy Policy at any time. Please review it frequently. 
CONTACT INFORMATION 
If you have any questions about this policy or our privacy practices, please contact us a t [email protected] or 408-293-2020.

​MOBILE MESSAGING TERMS AND CONDITIONS 
Last updated: January 1, 2025
Buena Vista Eyecare Optometry/Mark G Mitchell OD A Prof Corp operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy bveye1.com/privacy . By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy. 
1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 50 messages per day. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes, except in connection with marketing purposes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts. 
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [email protected]. Your participation in the Program does not require that you make any purchase from us and your participation in the Program is completely voluntary. 
3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us. 
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed. 
4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program. 
5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

​TERMS AND CONDITIONS

Buena Vista Eyecare Optometry/Mark G Mitchell OD A Prof Corp sends messages for upcoming appointments and the need for an eye appointment.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at 408-293-2020.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive fewer than one message a month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://www.bveye1.com/privacy-practices.html