PRIVACY POLICY

by | Jan 14, 2025

Updated on: 14th January 2025

This Website http://www.acuitybehaviorsolutions.com (the “Website”) is developed, owned and operated by Acuity Behavior Solutions LLC with its registered office at 1820 W. Orangewood Ave. STE 110 Orange, CA 92868 (hereinafter referred to as “Company”, “Acuity”, “We”, “Us”, or “Our”). Our Website provides in-home Applied Behaviour Analysis (ABA) Services, Autism therapy, specialized research-based, behavior science programs, and educational resources for children with Autism and ADHD to improve their lives (the “Services”).

 

To access and use the Services of our Website “You”, “Visitor”, “User”, and “Client” (collectively “User”) provide certain personal information, and we are committed to protecting the privacy of our Users, especially children we serve through our Services. Therefore, we have created this Privacy Policy (“Policy”) in compliance with the California Online Privacy Protection Act, Children Online Privacy Protection Act (COPPA), California Consumer Privacy Act, California Age-Appropriate Design Code Act, CAN-SPAM Act of 2003, and General Data Protection Regulations (GDPR). This Privacy Policy outlines our practices regarding what personal data we collect from you, how we use, store, and secure data, whether we disclose it to third parties, and your privacy rights. We only use information that we have a legal basis to do.

 

We reserve the right at our sole discretion to change, modify, amend, or remove the provisions of our Policy at any time, and such changes will become effective immediately without any notice to You. Your continued use of our Website following such modification will be conclusively deemed acceptance of this Policy. The educational material or content provided on Our Website shall not be used commercially and is restricted to personal use only.

 

  1. USER CONSENT

We would like to collect your personal data to offer you our Services, for future support and also to enhance your Website user experience with us. By clicking “Agree for Data Collection and Processing”, you confirm that you are 18 years old and without any undue influence consent to your personal data collection and processing to avail the Services you opt for through our Website. By clicking “Agree to share the Data”, you consent to share your personal data to communicate the relevant information, announcement, notification, promotion, and marketing purposes.

 

If you cannot follow English, click the tab next to the blog tab and select your preferred language. Our Website offers services in English, Spanish and Vietnamese.

 

Please note that your consent will remain valid until you withdraw it by selecting an “Opt-Out” option on our Website. Please refer to this Privacy Policy to withdraw your consent at any time. For all inquiries, requests, or concerns related to this Policy, the processing of personal data, or the exercise of rights, you may contact us at info@acuitybehaviorsolutions.com.

 

  1. DATA WE COLLECT ABOUT YOU

This Policy covers our use of information that can or could be used to identify you (“Personal Data”). We may collect and use the following Personal Data to provide you with Services.

  • Personal Identifiers – name, email id, current location, etc. This data is voluntarily provided by you when you access and create an account on our Website.
  • Authentication credentials for Website access.
  • Device information and permission – we collect browser type and version, operating system, IP address, and location permission from you to use our Website Services and Cookies. Please refer to our Cookie for more details.
  • Educational content access – your usage patterns of educational materials, session duration, and frequency.
  • Comments – we may offer you the ability to leave or post comments in a forum. Any comment you post will be publicly available.
  • Information collected automatically – each time you access our Website to use its Services, we automatically collect certain information about your device and your interaction with us.

 

  1. HOW WE USE YOUR DATA?

Except as otherwise provided in this Policy, we will not share or disclose your personal data with any third parties, without your consent. We may use your information:

  • to provide you with secure access to our Services;
  • to improve our Website Services and to customize your experience with the Website;
  • to maintain your account with us;
  • analyze your usage patterns to enhance our educational content;
  • for internal business purposes;
  • any purposes provided for in or Terms;
  • to provide technical and customer support to you;
  • to offer new or additional features on our Website;
  • for marketing and promotional purposes under applicable laws – we may use your information, such as your email address, to send you special offers and promotions, or contact you about services or other information we think may interest you;
  • where we believe it necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud or error, situations involving potential threats to the safety of any person, or violations of our Terms and Conditions or this Privacy policy.

 

  1. DISCLOSURE TO THIRD PARTIES

We will not share any personal information that we have collected, except to:

  • Authorized service providers, such as email service providers, customer support providers, marketing service providers, and analytics companies.
  • Legal Process – We may disclose your information when we have a good faith belief that compliance is required by a search warrant, subpoena, court order, or similar request from a law enforcement or other government agency.
  • Information collected automatically – Each time you visit our Website and use our Services, we automatically collect certain information about your device and your interaction with us. We use “Cookies” and similar technologies to obtain and determine certain information when your browser accesses our Website, including but not limited to your viewing activity, IP address, location information, browser type, Internet Service provider (ISP), referring/exit pages, device identifier, operating system, date and time stamps and related metadata.

 

  1. DATA OWNERSHIP AND PROTECTION

 

  1. The Company owns the Websites, codes, databases and all rights to their services and the User retains ownership and all the rights in their records and data.
  2. We or the third parties with whom we may have shared your personal data under this Privacy Policy may retain the data. However, we retain this information only for as long as necessary to:
  • provide our services;
  • comply with legal obligations;
  • resolve dispute; and
  • enforce our agreements.
  1. We implement appropriate security measures to protect your data against unauthorized use, access, alteration, disclosure, and destruction or loss of the information. These measures include secure password protection, regular security assessment, limited access to authorized personnel only, encryption of sensitive data, and regular system backups. However, no network, server, database, internet or email transmission, or information storage can be guaranteed 100% secure and error-free. Please note that we cannot warrant the security of any information you transmit to us.
  2. If we become aware of a security breach that impacts our Users, we will notify the users through email, a prominent notice on our Website, or by posting a blog in our Help Option to inform the public no later than 15 days following the determination of a breach affecting California residents, as per California law. If you suspect that your data has been compromised, please contact us at info@acuitybehaviorsolutions.com. We will investigate all reported incidents and respond within 48 business hours of receiving your report.

 

  1. HIPAA COMPLIANCE AND PROTECTED HEALTH INFORMATION
  2. The personal information is protected by law, including the Health Insurance Portability and Accountability Act (HIPAA), the 2009 HITECH Act, and the HIPAA Omnibus Rule.
  3. Definitions:
  • “Protected Health Information” or “PHI” means individually identifiable health information, including demographic information that relates to –
  • Individuals past, present or future physical or mental health or condition;
  • The provision of healthcare to individuals;
  • Past, present, or future payment for the provision of health care to individuals.
  • HIPAA means the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.
  1. By using our ABA Therapy services, you consent to our collection, use, and disclosure of PHI as described in this provision.
  2. We collect PHI directly from you when you schedule ABA therapy sessions, participate in therapy sessions, complete behavioral assessments, provide medical history or documentation, and communicate with us about treatment.
  3. We implement appropriate safeguards to protect PHI, including encryption of electronic PHI, secure access controls, employee training on HIPAA compliance, and regular security assessments.
  4. We may disclose PHI, with your written authorization, to healthcare providers involved in your care for treatment purposes, for healthcare operations necessary to provide our services, when required by law, or for public health activities.
  5. We will notify you of any breach of unsecured PHI in accordance with HIPAA requirements.

 

  1. YOUR RIGHTS

California, the other U.S. States, and also General Data Protection Regulations (GDPR), grant specific rights to people under their jurisdiction. You may file a complaint with the competent data protection authority regarding the processing of your personal information. Following are your rights under the Data Protection Laws:

  • Withdraw Consent – where you are asked to provide consent for the processing of your personal information, you have the right to withdraw your consent at any time.
  • Know – you have a right to know what personal information we collect, process, share, or sell. This Policy is meant to provide transparency related to related to your data.
  • Right of access and transparency – you have the right to be informed of, and request access to, the personal data we process about you. You can request a copy of the personal information we have collected about you from us.
  • Right to rectification—If you discover that any of the information we are processing is inaccurate, you can contact us to correct it. In response, we will rectify or remove your information. However, we may retain and use copies of your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. For certain requests, we may require additional information.
  • Delete/Erase – you can request us to delete all information we have collected about you. It is important to note that by exercising deletion rights, you may lose access to your account, including any incidental purchases or features.
  • Notification – if you have exercised your right to rectification, erasure, or restriction of processing, we are obliged to notify each recipient to whom the personal data have been disclosed, of this rectification, erasure, or restriction of processing unless this proves impossible or involves disproportionate effort.
  • Right to restrict – the right to request that we temporarily or permanently stop processing all or some of your data.
  • Right to object – you have the right to object to our processing of your personal information under certain circumstances. By objecting to processing, you may have access to some or all of our services. This right is limited to personal data processed for commercial purposes.
  • Object to use of sensitive personal information – sensitive personal information is information about your health, race, religion, sexual orientation gender identity, political opinions, or philosophical beliefs. You have the right to object to our use of your personal sensitive information. You should be careful about sharing personal information online, especially when it is sensitive.
  • Right to data portability – you have a right to request a copy of your data in electronic format and transmit that personal data for use in another party’s service.
  • Right not to be subject to automated decision-making – you have the right not to 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.
  • Opt-out of the Sale or Share for Targeted Ads – under some circumstances, we may sell or share the personal data you provide to us to show you ads that align with your interest. If you prefer not to have your data sold or shared, you can opt out of selling or sharing by submitting a request to us at info@acuitybehaviorsolutions.com. We may ask for additional information to verify your request.
  • Nominate – you have the right to nominate, in such manner as may be prescribed, any other individual who will exercise your rights in the event of your death or incapacity.
  • Discrimination – you have a right not to be discriminated against, by us fir exercising your rights.

 

  1. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We respect your privacy and have taken the necessary measures to comply with the California Online Privacy Protection Act. Therefore, we will not share your personal information with third parties without your consent.    

 

  1. CHILDREN ONLINE PRIVACY PROTECTION ACT COMPLIANCE

 

  1. We are committed to protecting children’s privacy and complying with the Children Online Privacy Protection Act (COPPA). We do not collect information from anyone under 13 years old. Our services are all directed to people who are 14 years or older.
  2. Our Website stores educational material and progress data without personally identifying information.
  3. The information collected from children is primarily used for internal purposes:
  • Provide children with access to the Services on our Website;
  • To improve our services and customize children’s experience with our Website.
  1. We encourage parents and guardians to observe, participate in, monitor, and guide their children’s online activity. Acuity does not knowingly collect any personally identifiable information from children under 13 years. If you think your child has shared personally identifiable information on Our Website, we strongly encourage you to contact us immediately. We will do our best to remove such information from our records within fifteen (15) days of receiving your request.
  2. Also, we take necessary steps to ensure we comply with the CAN-SPAM Act of 2003 by never sending out misleading information.
  3. WEBSITE ACCESSIBILITY

We are committed to ensuring digital accessibility for users with disability and providing an inclusive experience for all users, including children with special needs. We aim to comply with the Americans Disability Act (ADA) and conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Standards.

  1. Our Website strives to meet WCAG 2.1 Level AA standards by ensuring:
  • Perceivable content through text alternatives for non-text content;
  • Operable navigation and interface components;
  • Understandable information and user interface operation;
  • Various assistive technologies can interpret robust content.
  1. Our Website includes accessibility features such as text alternatives for images and multimedia content, clear heading structure and page organization, sufficient color contrast, compatibility with screen readers and other assistive technologies, consistent navigation and identification, and clear form labels.
  2. Our Website is designed to work with various assistive technologies including screen readers, screen magnification, alternative input devices, and browser accessibility tools.

 

  1. GOVERNING LAW

Our Privacy Policy and any relationship between you and our Company in connection with your usage of our Website shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

 

  1. DISPUTE RESOLUTION

In case of any dispute arising from any function or part of the Website, or any provision stated in this Privacy Policy, it shall be resolved in the following manner:

  1. You must submit your claim or dispute through the email address provided in the Contact section of our Website, within one (1) year after the claim arises. We will make every effort to resolve the claim within three (3) months of receiving your complaint or dispute.
  2. Your email must state the following particulars, explicitly:
  • your name;
  • operational contact details (email address, phone number, mailing address, etc.);
  • details of the claim along with any measures you took on your own to correct the issue at hand, what remedy or corrective measure o you seek from us for your inconvenience;
  • If your claim, dispute, or complaint is not resolved pursuant to provision (a), such dispute shall be referred to the binding arbitration in accordance with the California Arbitration Act and the rules made thereunder and the American Arbitration Association (AAA) Rules.
  • The Arbitrator’s award shall be final, and binding on the parties. The cost of arbitration proceedings shall be governed by AAA Rules and borne by both parties.
  • Additionally, if the user is unable to resolve the dispute, the Company has the right to terminate its Services with the User.

 

  1. CHANGES TO PRIVACY POLICY

This Privacy Policy is effective as of the date stated on page one of this Policy. We may update this Privacy Policy, at any time, and any changes will be effective immediately upon posting. You agree to these changes when you access our Website or use its Services. Please refer back to this Privacy Policy regularly.

 

  1. CONTACT US

For all inquiries, requests, or concerns, related to this agreement, the processing of personal data, or the exercise of rights, you may contact us at:

Acuity Behavior Solutions LLC

Address: 1820 W. Orangewood Ave. STE 110 Orange, CA 92868

Email id: info@acuitybehaviorsolutions.com