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SMS Text Message Privacy Policy

Exemplar Wellness
Lawton, Oklahoma

Effective Date: December 1, 2025

1. Introduction

Exemplar Wellness ("we," "our," "us," or "Company") respects your privacy and is committed to protecting your personal information. This SMS Privacy Policy explains our practices regarding text message communications with patients and clients, and your rights concerning those communications. This policy complies with the Health Insurance Portability and Accountability Act (HIPAA), the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC) regulations, and applicable Oklahoma state laws.

2. What Text Messages We Send

We may send you text messages for the following purposes:

• Appointment reminders and scheduling – Notifications about upcoming appointments, procedure dates, and schedule changes

• Treatment and care coordination – Follow-up messages, pre-operative instructions, post-procedure guidance, and care instructions

• Lab results and test notifications – Non-sensitive results or notifications that you need to log into our patient portal for detailed information

• Prescription notifications – Alerts that prescriptions are ready for pickup or refill information

• Account notifications – Password resets, account security alerts, and important account information

• Administrative communications – Insurance verification reminders, form completion requests, and billing notifications

• Health coaching and wellness reminders – For clients enrolled in functional medicine, hormone replacement therapy, or peptide therapy programs

• Opt-in promotions – Special offers and wellness updates (only if you have explicitly opted in)

Important Note: Text messages do not contain Protected Health Information (PHI) such as detailed clinical diagnoses, treatment plans, or sensitive health conditions. If detailed medical information is necessary, we will use secure patient portal messaging or encrypted email, with prior consent.

3. How We Obtain Your Consent

Initial Consent

By providing your cell phone number to Exemplar Wellness, you acknowledge that you:

• Understand that text messages may be sent to you from our clinic

• Consent to receive SMS communications related to your care, appointments, and account

• Understand that message and data rates may apply (charges depend on your wireless carrier's plan)

• Agree that this consent applies to communications from Exemplar Wellness only

Express Written Consent for Promotional Messages

For promotional offers and wellness marketing messages beyond standard appointment reminders and clinical care, we will obtain your explicit written consent through:

• A signed form in our patient intake packet

• An electronic opt-in form on our website

• A text message confirmation where you reply "YES" to subscribe

You can opt out of promotional messages at any time by replying "STOP."

4. Privacy and Security of Your Information

Information We Collect

When you provide your phone number and opt into our SMS service, we collect and maintain:

• Your mobile phone number

• Your opt-in and opt-out status

• Records of consent and authorization

• The date and time of text messages sent and received

• Your response to our messages (if any)

How We Protect Your Information

• Secure Storage: Your phone number and SMS records are stored in a HIPAA-compliant text messaging platform with encryption

• Limited Access: Only authorized clinical and administrative staff at Exemplar Wellness have access to your phone number and SMS records

• No Third-Party Sharing: We do not sell, rent, or share your phone number or text message data with third parties for marketing purposes

• Business Associate Agreements: Any third-party texting service provider is bound by a Business Associate Agreement (BAA) requiring HIPAA compliance

Important Disclaimer Regarding SMS Security

While we use HIPAA-compliant texting services, you acknowledge that:

• Text messages are not encrypted on all devices or carrier networks

• Text messages may be visible to others who have access to your phone

• Text messages are less secure than a HIPAA-compliant patient portal or encrypted email

• By providing your phone number, you voluntarily accept these security limitations and waive any claims related to disclosure resulting from text messaging technology limitations

5. Federal Compliance Standards

TCPA Compliance (Telephone Consumer Protection Act)

Our text messaging practices comply with TCPA requirements for healthcare organizations:

• Message Length: Text messages are limited to 160 characters or fewer

• Message Frequency: You will receive a maximum of one text message per day and no more than three text messages per week (with limited exceptions for urgent clinical matters)

• Opt-Out Mechanism: Every message includes instructions to reply "STOP" to unsubscribe. Replying "STOP" is the exclusive means by which you may opt out of text messages

• Identification: Messages identify Exemplar Wellness as the sender and include a callback number

FCC and HIPAA Compliance

• Express Consent: By providing your phone number to Exemplar Wellness, you provide express consent for calls and text messages related to your medical treatment, health checkups, appointments, and related healthcare communications

• Minimum Necessary Standard: Text messages contain only the minimum necessary information to fulfill the intended purpose

• No Protected Health Information (PHI): Sensitive health information (diagnoses, detailed treatment plans, medication names in clinical context) will not be sent via text unless you have specifically authorized such communication in writing

6. Your Rights and Opt-Out Procedures

Right to Opt Out

At Any Time: You may opt out of receiving text messages by replying "STOP" to any text message we send you. Once we receive your opt-out request, we will no longer send you text messages.

In Writing: You may request to opt out by emailing us, calling our office, or submitting a written request in person.

Important: If you opt out of text messages, you may not receive important appointment reminders or treatment follow-ups. We will document your opt-out preference in your patient record.

Right to Access and Correct Information

You have the right to:

• Request a list of text messages we have sent to you

• Request correction of your phone number or contact information

• Request deletion of your phone number from our text messaging system

To exercise these rights, contact our Privacy Officer at the information provided at the end of this policy.

Right to Receive Alternative Communication

If you do not wish to receive text messages, we offer alternative methods of communication:

• Phone calls to your home or office number

• Email communications

• Patient portal messages

• In-person notifications during appointments

• U.S. mail

7. Data Retention and Record-Keeping

We maintain records of:

• Your consent to text messaging (kept for the duration of your patient relationship plus 6 years)

• Opt-out requests and dates

• A log of text messages sent (for compliance and dispute resolution)

These records are maintained in compliance with HIPAA retention requirements and Oklahoma medical record retention standards.

8. Wireless Carrier Information

We are not responsible for delays, failures, or errors in text message delivery due to:

• Your wireless carrier's network limitations

• Your phone settings or device malfunction

• Software or hardware compatibility issues

• Your phone plan or service cancellation

Message and data rates apply according to your wireless carrier's standard SMS rates. Contact your carrier for details about your plan.

9. Age Restrictions

By providing a phone number, you represent that you are:

• At least 18 years old, OR

• At least 13 years old and have the written permission and consent of your parent or legal guardian

If you are a minor, your parent or guardian must provide consent for text messaging.

10. Changes to This Policy

Exemplar Wellness may update this SMS Privacy Policy at any time. Changes will be effective upon posting to our website or upon notification to you via text message or email. Your continued receipt of text messages after changes to this policy indicates your acceptance of the updated terms.

11. Legal Requirements and Disclosures

We may disclose your phone number and text message information if required by law, including:

• Court orders or subpoenas

• Law enforcement requests

• Regulatory investigations by HIPAA enforcement agencies or the Oklahoma Attorney General

• Public health and safety emergencies

12. Contact Information

For questions about this SMS Privacy Policy, to request opt-out, or to exercise your privacy rights, contact:

Exemplar Wellness
Lawton, Oklahoma

Phone: [Your Phone Number]
Email: [Your Email Address]
Mailing Address: [Your Clinic Address]

Privacy Officer: [Name/Title]
Email: [Privacy Officer Email]

Hours: [Your Business Hours]

13. Patient Acknowledgment and Consent

I acknowledge that I have read and understand this SMS Privacy Policy. By providing my cell phone number to Exemplar Wellness, I:

✓ Consent to receive text messages related to my care, appointments, and account
✓ Understand that message and data rates may apply
✓ Acknowledge that text messages are not fully encrypted and may be less secure than other communication methods
✓ Waive any liability for Exemplar Wellness for disclosures resulting from text messaging technology limitations
✓ Understand I can opt out at any time by replying "STOP"
✓ Represent that I am at least 18 years old or have parental consent if under 18