Privacy Policy and Legal Terms

Part 1: Privacy Policy

Potentia Med, doing business as Potentia MedSpa (“Potentia MedSpa,” “we,” “us,” or “our”), respects your privacy. This Privacy Policy explains what information we collect through our website at potentiamedspa.com, how we use it, and the choices available to you.

This policy covers information collected through our website, contact forms, appointment request forms, and SMS opt-in forms. It does not cover protected health information created or received in the course of providing you with medical care, which is governed separately by our Notice of Privacy Practices under the Health Insurance Portability and Accountability Act (HIPAA) and applicable California law.

A. Information We Collect

Information you provide directly

We collect information you voluntarily submit to us, including:

• Contact form submissions. Your name, email address, telephone number, and any information you include in your message.

• Appointment request forms. Your name, contact details, the service or concern you are inquiring about, and your scheduling preferences.

• SMS opt-in forms. Your mobile telephone number and your affirmative consent to receive text messages.

• Email newsletter sign-ups. Your name and email address.

• Event and class registrations. Your name and contact details.

We ask that you do not submit detailed health information, medical history, or clinical questions through website forms. Website forms are not a secure channel for protected health information. If you need to share clinical details, please raise them during your appointment or through the secure patient communication method we provide to established patients.

Information collected automatically

When you visit our website, certain information may be collected automatically, including your IP address, browser type, device type, operating system, referring website, pages viewed, and the dates and times of your visits. This information is collected through cookies and similar technologies.

Cookies and analytics

We use cookies and analytics services to understand how visitors use our website so we can improve it. Most browsers allow you to refuse or delete cookies through your browser settings. Disabling cookies may affect how parts of our website function.

Information from third parties

We may receive information about you from service providers who assist us in operating our website, our scheduling system, and our communications, and from platforms such as Google Business Profile when you interact with our listing.

________________________________________

B. How We Use Your Information

We use the information we collect to:

• Respond to your inquiries and provide customer support

• Schedule, confirm, reschedule, and remind you about appointments

• Send SMS text messages where you have affirmatively opted in, including appointment reminders, customer care messages, account notifications, and, where you have separately consented, promotional messages

• Send email communications you have requested, including newsletters and practice updates

• Operate, maintain, and improve our website and understand how it is used

• Comply with legal, regulatory, and professional obligations

• Protect the security and integrity of our website and our practice

• Process payments for services, through our payment processors

We do not sell your personal information.

________________________________________

C. Mobile Information and SMS Consent

No mobile opt-in or text message consent will be shared with third parties or affiliates.

Your mobile telephone number and your consent to receive text messages are used solely to communicate with you on behalf of Potentia MedSpa. We do not sell, rent, share, or otherwise transfer your mobile opt-in information or SMS consent to any third party or affiliate for their own marketing purposes.

We may share your mobile number with service providers who deliver messages on our behalf, such as our SMS platform and telecommunications providers, strictly for the purpose of delivering the messages you have requested. Those providers are prohibited from using your information for any other purpose.

Full details of our SMS program are set out in our SMS Terms of Service section below.

________________________________________

D. How We Share Information

We may share your information in the following limited circumstances:

Service providers. With vendors who perform services on our behalf, including website hosting, appointment scheduling, payment processing, email delivery, SMS delivery, and analytics. These providers are contractually required to protect your information and use it only for the services they provide to us.

Legal requirements. Where required by law, subpoena, court order, or other legal process, or where we believe disclosure is necessary to protect our rights, your safety, or the safety of others.

Business transfer. In connection with a merger, acquisition, or sale of assets, in which case we will provide notice before your information is transferred and becomes subject to a different privacy policy.

With your consent. In any other circumstance where you have given us permission.

We do not sell your personal information, and we do not share your mobile opt-in or SMS consent with third parties or affiliates.

________________________________________

E. Data Retention

We retain the information we collect for as long as necessary to fulfill the purposes described in this policy, to comply with our legal and professional obligations, to resolve disputes, and to enforce our agreements. Medical records are retained separately and for the periods required by California law and applicable professional standards.

________________________________________

F. Security

We use reasonable administrative, technical, and physical safeguards designed to protect the information we collect. No method of transmission over the internet or method of electronic storage is completely secure, however, and we cannot guarantee absolute security.

Please do not send sensitive health information through website forms, unencrypted email, or text message.

________________________________________

G. Your Choices and Rights

Email. You may unsubscribe from marketing emails at any time using the unsubscribe link in any message, or by contacting us directly. You may still receive transactional messages relating to your appointments and care.

SMS. You may opt out of text messages at any time by replying STOP to any message. See our SMS Terms of Service for full details.

Cookies. You may control cookies through your browser settings.

Access and correction. You may request access to, correction of, or deletion of the personal information we hold about you by contacting us using the details below. Requests concerning your medical records are handled under separate procedures required by law, and we will direct you accordingly.

California residents. California law provides residents with certain rights concerning personal information, which may include the right to know what personal information is collected, used, and disclosed, the right to request deletion, the right to correct inaccurate information, and the right not to be discriminated against for exercising these rights. Information governed by HIPAA and California medical privacy law is subject to those laws rather than to general consumer privacy statutes. To make a request, contact us using the details below. We will verify your identity before responding.

________________________________________

H. Children’s Privacy

Potentia MedSpa is an adult practice. Our website and services are not directed to children under 18, and we do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us and we will delete it.

________________________________________

I. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those sites. We encourage you to review the privacy policy of any site you visit.

________________________________________

J. Changes to This Policy

We may update this Privacy Policy from time to time. When we do, we will revise the “Last updated” date at the top of this page. Material changes will be communicated through our website. Your continued use of the website after changes are posted constitutes acceptance of the revised policy.

________________________________________

________________________________________

Part 2: Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the website located at potentiamedspa.com (the “Site”), operated by Potentia Med, doing business as Potentia MedSpa. By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. No Medical Advice

The content on this Site is provided for general informational and educational purposes only. It is not medical advice, and it does not create a physician-patient relationship.

Information on this Site is not a substitute for professional medical evaluation, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on this Site.

If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

Reading this Site, submitting a form, or communicating with us electronically does not establish a physician-patient relationship. That relationship is established only when you are formally accepted as a patient and have completed the required intake and consent process.

________________________________________

2. No Guarantee of Results

Individual results vary. Any descriptions of treatments, outcomes, timelines, or patient experiences on this Site reflect the experiences of particular individuals and are not a promise, guarantee, or prediction of the results you will achieve.

Factors including your age, health status, medical history, skin type, adherence to recommendations, and individual physiology all affect outcomes. No result is guaranteed, and no statement on this Site should be understood as a warranty of any particular outcome.

Where a specific written guarantee applies to a particular program or package, its terms are set out in the written agreement for that program and are governed by that agreement rather than by this Site.

________________________________________

3. Before and After Photographs

Any before and after photographs appearing on this Site depict actual patients who have provided written authorization for their use. These images represent individual results and are not typical of every patient. Photographs have not been retouched to alter the clinical result. Lighting, positioning, and photographic conditions may vary.

________________________________________

4. Appointments, Cancellations, and No-Shows

Appointments may be scheduled through the Site, by telephone, or through the methods we make available.

We require at least 48 hours’ notice to cancel or reschedule an appointment. Cancellations made with less than 48 hours’ notice, and appointments missed without notice, may be subject to a fee. Specific cancellation and deposit terms applicable to your appointment or program will be communicated to you at the time of booking.

We reserve the right to reschedule appointments where necessary, and we will make reasonable efforts to notify you promptly if we do.

________________________________________

5. Payment, Programs, and Refunds

Potentia MedSpa is a fee-for-service practice. Payment is due at the time of service unless a written payment arrangement has been made.

Insurance. We do not bill insurance directly. We provide a superbill following your visit that you may submit to your insurance carrier for possible reimbursement under your out-of-network benefits. We make no representation or guarantee that any amount will be reimbursed. Reimbursement is determined solely by your insurance carrier and your individual plan.

Health savings and flexible spending accounts. We accept HSA and FSA payment cards. Whether a particular service is an eligible expense is determined by your plan administrator and applicable tax rules, not by us.

Programs and prepaid packages. Multi-session programs and prepaid treatment packages are governed by the separate written agreement you sign at enrollment, which sets out the term, the number of sessions included, expiration terms, and refund and transfer conditions. Where those terms conflict with these Terms, the program agreement governs.

Pricing. Prices are subject to change. Pricing quoted on the Site or in communications is not a binding offer and may be updated without notice. Pricing applicable to your care will be confirmed with you before treatment.

________________________________________

6. Consent to Treatment

All treatments require your informed consent. Before any treatment, you will receive information about the procedure, its expected benefits, foreseeable risks, alternatives, and expected recovery, and you will be asked to sign a consent form. You may ask questions at any point and you may decline or discontinue treatment at any time.

You are responsible for providing accurate and complete health information, including all medical conditions, medications, supplements, allergies, prior procedures, and pregnancy or the possibility of pregnancy. Failure to disclose relevant information may affect your safety and your results.

________________________________________

7. Scope of Services

Potentia MedSpa is an adult practice. We do not provide pediatric care, care during active cancer treatment, heavy metal chelation, or treatment for Lyme disease or mold-related illness. Where a concern falls outside the scope of our practice, we will tell you and, where appropriate, suggest that you seek care elsewhere.

Naturopathic medicine in California is practiced within a defined statutory scope. Services are provided within that scope and within the limits of professional licensure.

________________________________________

8. Communications

By providing your contact information, you consent to receive communications from us relating to your appointments and care, including confirmations, reminders, and follow-up.

Electronic communication is not fully secure. Email and text message may be intercepted or accessed by others. By communicating with us electronically, you accept that risk. Please do not include detailed health information in email or text.

Text message communications are governed by our SMS Terms of Service.

________________________________________

9. Intellectual Property

All content on this Site, including text, graphics, photographs, logos, treatment descriptions, and the names of proprietary treatments and protocols, is owned by or licensed to Potentia MedSpa and is protected by intellectual property law.

You may not copy, reproduce, republish, distribute, or create derivative works from Site content without our prior written permission, except that you may view and print content for your own personal, non-commercial reference.

Third-party trademarks and product names appearing on this Site are the property of their respective owners. Their appearance does not imply any affiliation with or endorsement by those owners.

________________________________________

10. Reviews and Testimonials

Patient reviews and testimonials appearing on this Site are the genuine, unedited opinions of the individuals who wrote them, used with permission. They represent individual experiences and are not a guarantee that you will have a comparable experience. We do not offer compensation, discounts, or other incentives in exchange for reviews.

________________________________________

11. Third-Party Links and Services

This Site may link to third-party websites, scheduling platforms, payment processors, and supplement dispensaries. We do not control and are not responsible for the content, practices, products, or privacy policies of third parties. Your use of those services is governed by their terms.

________________________________________

12. Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

We do not warrant that Site content is complete, current, or accurate, or that the Site will be free of viruses or other harmful components.

________________________________________

13. Limitation of Liability

To the fullest extent permitted by law, Potentia MedSpa and its owners, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of, or inability to use, this Site, including reliance on any information contained on it.

This limitation applies to your use of the Site. It does not limit any liability that cannot be limited under applicable law, and it does not apply to the professional care we provide to you as a patient, which is governed by applicable law and the standards of the profession.

________________________________________

14. Indemnification

You agree to indemnify and hold harmless Potentia MedSpa and its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your use of the Site or your breach of these Terms.

________________________________________

15. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Contra Costa County, California, and you consent to the jurisdiction of those courts.

________________________________________

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

________________________________________

17. Changes to These Terms

We may update these Terms at any time. The “Last updated” date at the top of this page reflects the most recent version. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

_______________________________________

________________________________________

Part 3: SMS Terms of Service

By opting into SMS from a web form, Intake form or other medium, you are agreeing to receive SMS messages from Potentia MedSpa. This includes SMS messages for customer care and account notifications. Message frequency varies. Message and data rates may apply.

________________________________________

How to Opt In

You may opt in to receive text messages from Potentia MedSpa by one of the following:

• Checking the SMS consent box on a form on our website and scheduling system

• Providing your mobile number and consent on our intake or registration form

• Texting a keyword to our number where one is advertised

• Providing verbal consent, which we will document in your medical record

Consent is not a condition of purchase. You are not required to agree to receive text messages in order to book an appointment or receive care from us.

________________________________________

Types of Messages You May Receive

Depending on the consent you have provided, messages may include:

• Appointment confirmations, reminders, and changes

• Customer care messages, including responses to your questions and requests

• Account notifications, including forms to complete and information relating to your visit

• Links you have requested, including booking links and service or program information

• Promotional messages, where you have separately consented to receive them

________________________________________

Message Frequency

Message frequency varies depending on your appointments and your interactions with us.

________________________________________

Cost

Message and data rates may apply. Potentia MedSpa does not charge for text messages, but your mobile carrier’s standard message and data rates apply. Contact your carrier for details of your plan.

________________________________________

How to Opt Out

Reply STOP to any message to opt out. You will receive a single confirmation message and will not receive further text messages from us unless you opt in again.

You may also opt out by contacting us at 510-230-2282.

Opting out of text messages does not remove you from other forms of communication, such as email or telephone, and it does not affect your care. If you opt out of SMS, we will use another method to reach you about appointments.

________________________________________

How to Get Help

Reply HELP to any message for help, or contact us at 510-230-2282 or through potentiamedspa.com.

________________________________________

Supported Carriers

Message delivery depends on your carrier and is not guaranteed. Carriers are not liable for delayed or undelivered messages.

________________________________________

Privacy

No mobile opt-in or text message consent will be shared with third parties or affiliates.

Your mobile number and SMS consent are used solely for communication from Potentia MedSpa. We may share your number with service providers who deliver messages on our behalf, strictly for that purpose, and they are prohibited from using it for any other purpose.

For full details, see our Privacy Policy at https://potentiamedspa.com/privacy-policy.

________________________________________

Health Information and Text Messages

Text message is not a secure channel. Messages may be seen by anyone with access to your device, and they may be intercepted in transit.

Please do not send detailed health information, clinical questions, or sensitive personal information by text. We will keep our own text messages to you limited in clinical detail for the same reason. For anything requiring discussion of your health, we will arrange a call or an appointment.

Do not use text message for urgent or emergency matters. Messages are not monitored continuously. If you are experiencing a medical emergency, call 911.

________________________________________

Changes to These Terms

We may update these SMS Terms of Service from time to time. The “Last updated” date reflects the most recent version.

________________________________________

Contact

Questions about any of the policies on this page:

Potentia MedSpa 1043 Stuart St #210 Lafayette, CA 94549 Telephone: 510-230-2282 Website: potentiamedspa.com