SMS Appointment Reminder Terms and Privacy Policy
Effective Date: May 8, 2025 
 
1. Introduction and Purpose
Advance Spine and Pain Physical Therapy ("we," "us," or "our") is pleased to offer an SMS (Short Message Service) text message notification service to remind you of your scheduled appointments. This SMS Appointment Reminder Terms and Privacy Policy ("Policy") explains how we collect, use, and protect your information in connection with this service, and outlines the terms of your use. Your participation in the SMS appointment reminder service is voluntary. By providing your verbal consent to receive SMS appointment reminders, you agree to the terms of this Policy.  
- We will not use SMS for marketing purposes and not shared with any third party affiliates.
 
2. Consent to Receive SMS Messages
You will only receive SMS appointment reminders from us after you have provided explicit verbal consent to a member of our staff. When providing verbal consent, you will be informed of the terms outlined in this Policy, including the nature of SMS messages and the associated risks. Your verbal consent, along with the date consent was given and the phone number provided for SMS reminders, will be documented in your Electronic Health Record (EHR). By consenting, you acknowledge that:
- You are the mobile phone account holder or have the account holder's permission to enroll the number.
- You understand that standard message and data rates from your mobile carrier may apply.
- You understand the inherent security risks associated with unencrypted SMS messages as outlined in Section 5.
 
3. Use of Information
The information we send via SMS from Advance Spine and Pain Physical Therapy is solely for the purpose of the following communication:
Appointment reminder
Follow-up reminders
Billing inquiries

4. What Information Will Be Sent
To comply with privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA), we will only send the minimum necessary information for an appointment reminder. This may include:
- Patient's first name (or a general greeting) Date and time of your appointment
- The name of our practice (Advance Spine and Pain Physical Therapy)
- A reminder to bring necessary items (if applicable and generic, e.g., "your insurance card") We will NOT include sensitive personal health information (PHI) such as specific treatment details, medical conditions, test results, or full medical record numbers in SMS reminders. SMS messages will not be used for appointment scheduling or changes; for such requests, please call our office.
 
5. Security of SMS Messages and Acknowledgment of Risk
Advance Spine and Pain Physical Therapy is committed to protecting your privacy and complying with HIPAA. However, you must understand that standard SMS messaging is not a secure communication channel. Messages sent via SMS are typically not encrypted and may be visible to third parties, including your mobile carrier or anyone with access to your mobile device. By consenting to receive SMS appointment reminders, you acknowledge and accept these inherent security risks, including but not limited to:
The possibility of unauthorized access to the message content on your device or by your mobile carrier.
The risk of messages being read by others if your phone is lost, stolen, or shared.
Potential for messages to be intercepted during transmission. Advance Spine and Pain Physical Therapy implements reasonable administrative, technical, and physical safeguards to protect the privacy and security of your PHI within our systems. However, we cannot guarantee the security of SMS messages once they are transmitted from our systems over the mobile carrier networks or on your personal device. You are responsible for maintaining the security of your mobile device.
 
6. Opt-Out Procedure
You may opt-out of receiving SMS appointment reminders at any time. To do so, reply “STOP” to any SMS reminder you receive from us. Upon receiving your STOP request, we will send you one final SMS message to confirm that you have been unsubscribed. After this confirmation, you will no longer receive SMS appointment reminders from Advance Spine and Pain Physical Therapy, unless you provide consent again in the future. You may also opt-out by contacting our office directly at 609-695-8100 or by informing our staff at your next visit.
 
7. Message Frequency and Cost
Message frequency will vary depending on your scheduled appointments. Typically, you will receive one or two reminders per appointment. Advance Spine and Pain Physical Therapy does not charge a fee for this SMS reminder service. However, standard message and data rates from your mobile carrier may apply to any messages you send to us or receive from us. You are solely responsible for any such charges.
 
8. No Medical Advice or Emergency Use
Our SMS appointment reminder service is for informational, non-urgent appointment reminders only.This service is not a channel for medical advice, diagnosis, or treatment.  Do not send medical questions or requests for medical advice via SMS. This service is not to be used for emergencies. In case of a medical emergency, please call 911 or proceed to the nearest emergency room. For non-urgent medical questions or to change or reschedule an appointment, please call our office directly at 609-695-8100. Our SMS messages may also include this phone number as a reminder for appointment changes.
 
9. Protection of Protected Health Information (PHI)
While SMS is not a secure channel, Advance Spine and Pain Physical Therapy remains committed to protecting your PHI in accordance with HIPAA. We will only use or disclose the minimum necessary PHI as described in this Policy for the purpose of sending appointment reminders. We have Business Associate Agreements (BAAs) in place with any third-party vendors (such as RingCentral) who may assist in transmitting these messages, as required by HIPAA, to ensure they also apply appropriate safeguards to your information.
 
10. Disclaimers and Limitation of Liability
No Guarantee of Delivery or Timeliness: While we will make reasonable efforts to send reminders in a timely manner, we do not guarantee the delivery or timeliness of any SMS message. Message delivery is subject to the effective transmission from your mobile carrier and network availability. We are not liable for any loss or damage arising from non-delivery, delayed delivery, or misdirected delivery of an SMS reminder.
Accuracy of Information: We are not responsible for the accuracy of information if your mobile phone number changes and you have not notified us. 
Security Breaches: We are not liable for any breach of confidentiality or privacy resulting from your sharing of your mobile device, loss or theft of your mobile device, or the inherent insecurities of SMS messaging, provided we have acted in accordance with HIPAA and this Policy. 
No Warranties: This SMS appointment reminder service is provided "as-is" without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. To the fullest extent permitted by applicable law, Advance Spine and Pain Physical Therapy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the SMS service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein (provided we have not been negligent); (c) any interruption or cessation of transmission to or from our service; or (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party (provided we have not been negligent).
 
11. Indemnification
By agreeing to these terms, you agree to indemnify, defend, and hold harmless Advance Spine and Pain Physical Therapy, its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Policy or any activity related to your use of the SMS service (including negligent or wrongful conduct) by you or any other person accessing the service using your mobile phone number.
 
12. Policy Amendments
We reserve the right to amend this Policy at any time. If we make material changes to this Policy, we will notify you by appropriate means, which may include posting the revised policy on our website, sending you an email, or informing you at your next visit. Your continued use of the SMS appointment reminder service after such changes constitutes your acceptance of the new Policy. We encourage you to periodically review this Policy.
 
13. Governing Law
This Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. 

14. Contact Information
 If you have any questions or concerns about this SMS Appointment Reminder Terms and Privacy Policy, or if you wish to update your preferences or opt-out, please contact: Hemang Amin at Advance Spine and Pain Physical Therapy using 609-695-8100  [Practice Address - 225 East State St, suite 12  Trenton, NJ  08608    Email:  contact@asappt.com