Privacy Policy

Introduction and Business Identification

This Privacy Policy describes how Pozitivf Fertility ("we," "us," or "our") collects, uses, stores, and protects information about patients and visitors who interact with our practice. Pozitivf Fertility is a fertility care clinic located at 501 Savannah Ave, McAllen, TX, providing specialized reproductive health services including in vitro fertilization (IVF), intrauterine insemination (IUI), egg freezing, and comprehensive fertility evaluations.

By using our services, visiting our website at https://rgv.pozitivf.com, or communicating with our care team, you acknowledge that you have read and understood this Privacy Policy. This policy is effective as of October 5, 2026.

If you have questions about this policy, please contact us using the information provided in the Contact Information section at the end of this document.

Information We Collect

We collect several categories of information in the course of providing fertility care services and administering our practice. The types of information we collect include:

Personal Identification Information

• Full legal name and preferred name
• Date of birth
• Home address, mailing address, and email address
• Primary phone number and mobile phone number
• Government-issued identification numbers where required by law

Health and Medical Information

• Medical history, diagnoses, treatment plans, and clinical notes
• Reproductive health history and fertility evaluation results
• Laboratory results, imaging, and diagnostic data
• Medications, allergies, and prior surgical history
• Insurance information and benefits details

Financial Information

• Payment card or bank account information processed securely at the time of transaction
• Billing address and insurance claim information

Website and Technical Information

• IP address, browser type, operating system, and device identifiers
• Pages visited, time spent on pages, and referring URLs
• Cookies and similar tracking technologies as described in our cookie notice

Communications Information

• Records of correspondence with our care coordination team via phone, email, or patient portal
• Appointment scheduling requests and confirmations
• Consent forms and signed authorizations

We collect this information directly from you, from your authorized representatives, from referring healthcare providers, and from third-party sources such as insurance companies and diagnostic laboratories, as permitted by applicable law.

How We Use Your Information

Pozitivf Fertility uses the information we collect for the following purposes:

Providing and Coordinating Care

• Scheduling, managing, and following up on appointments for IVF, IUI, egg freezing, fertility evaluations, and related services
• Communicating with patients regarding treatment plans, next steps, and care instructions
• Coordinating referrals to and from other healthcare providers involved in your care

Administrative and Operational Purposes

• Processing payments and submitting insurance claims
• Maintaining accurate and complete medical records
• Complying with federal, state, and local legal and regulatory obligations
• Improving our clinical processes and patient experience through internal quality reviews

Communications

• Sending appointment reminders and care coordination notifications via phone, email, or SMS, where you have provided consent
• Responding to your inquiries and patient portal messages
• Delivering important notices about your care or changes to our services

Legal and Compliance Purposes

• Fulfilling obligations under HIPAA, the Texas Medical Records Privacy Act, the Telephone Consumer Protection Act (TCPA), and other applicable laws
• Investigating and responding to complaints or suspected violations of our policies
• Defending against legal claims or enforcing our agreements

We do not use your information for any purpose that is incompatible with the purposes described above without first obtaining your separate written authorization.

HIPAA and Protected Health Information

Pozitivf Fertility is a covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. As a covered entity, we are required to maintain the privacy and security of your Protected Health Information (PHI) and to provide you with a Notice of Privacy Practices, which is available upon request at our clinic and through our patient portal.

PHI includes any individually identifiable health information that relates to your past, present, or future physical or mental health condition, the provision of healthcare services to you, or payment for those services.

No Protected Health Information is transmitted via SMS messages under any circumstances. Our SMS program is limited to care coordination communications such as appointment reminders, scheduling confirmations, and logistical follow-up. Clinical details, diagnoses, laboratory results, treatment plans, and any other PHI are communicated exclusively through HIPAA-compliant channels, including our secure patient portal, encrypted email, or direct telephone contact with a member of our care team.

For a full explanation of your HIPAA rights and how we handle your PHI, please request a copy of our Notice of Privacy Practices by contacting us at the information listed in the Contact Information section of this policy.

Data Security

Pozitivf Fertility implements reasonable and appropriate administrative, physical, and technical safeguards to protect the information we hold about you from unauthorized access, use, disclosure, alteration, or destruction. Our security measures include:

• Encryption of electronic records in transit and at rest using industry-standard protocols
• Role-based access controls that limit access to patient information to authorized personnel who require it to perform their job functions
• Regular staff training on privacy and security obligations under HIPAA and applicable state law
• Physical security measures at our clinic location, including restricted access to areas where patient records are stored or processed
• Periodic risk assessments and vulnerability reviews of our information systems
• Procedures for identifying, reporting, and responding to data security incidents and potential breaches

Despite our efforts to protect your information, no method of electronic transmission or storage is completely secure. We cannot guarantee absolute security, but we are committed to notifying affected individuals and applicable regulatory authorities in the event of a breach, as required by HIPAA and applicable state law.

If you believe your information has been compromised, please contact us immediately at beto@pozitivf.com or by calling 833-723-2229.

Third-Party Service Providers

To operate our practice and deliver services to our patients, Pozitivf Fertility engages third-party vendors and service providers who may process patient information on our behalf. These providers act as data processors or business associates, as applicable under HIPAA and other relevant laws.

SMS Delivery Vendors

We use third-party SMS delivery platforms and telecommunications carriers to transmit care coordination text messages to patients who have consented to receive them. These vendors operate as processors of the limited, non-PHI information required to route and deliver messages, such as your mobile phone number and message content. As stated in the HIPAA section above, no Protected Health Information is included in any SMS communication.

Other Service Providers

We may also engage third parties for services including, but not limited to:

• Electronic health record (EHR) and practice management software
• Patient portal and secure communications platforms
• Medical billing and insurance processing
• Laboratory and diagnostic services
• Website hosting and analytics
• IT support and cybersecurity services

Business Associate Agreements

Where a third-party service provider will have access to PHI in the course of performing services for us, we require that provider to enter into a HIPAA-compliant Business Associate Agreement (BAA) that obligates them to protect your PHI in accordance with applicable law.

No Sale of Patient Data

Pozitivf Fertility does not sell, rent, trade, or otherwise transfer patient information to third parties for any commercial purpose. Patient data shared with service providers is used exclusively to support the delivery of clinical and administrative services on our behalf and is not used by those providers for their own independent purposes.

Data Retention

We retain patient records and personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, to comply with our legal and regulatory obligations, and to resolve any disputes or enforce our agreements.

Specifically:

• Medical and health records are retained in accordance with applicable Texas state law and HIPAA requirements. Under Texas law, adult patient records are generally retained for a minimum of ten (10) years from the date of last treatment.
• Financial and billing records are retained for the period required by applicable tax, insurance, and healthcare billing regulations.
• SMS consent records and communication logs are retained for a minimum of four (4) years to comply with TCPA recordkeeping requirements and to document consent in the event of a dispute.
• Website and technical data is retained for up to twenty-four (24) months, after which it is deleted or anonymized.

When retention periods expire, we securely destroy or de-identify the applicable records using methods appropriate to the format and sensitivity of the information, in accordance with HIPAA and Texas state standards.

Your Rights

Depending on your relationship with Pozitivf Fertility and applicable law, you may have the following rights regarding the information we hold about you:

Right of Access

You have the right to request access to your personal information and medical records that we maintain. Requests for medical records should be submitted using our standard records release authorization form, available at our clinic or through our patient portal. We will respond to verified requests within the timeframe required by applicable law.

Right to Correction

If you believe that information we hold about you is inaccurate or incomplete, you have the right to request that we correct or amend it. We will review your request and make corrections where appropriate, or provide you with a written explanation if we deny the request.

Right to Deletion

In certain circumstances, you may request that we delete personal information we hold about you. Please note that we may be required to retain certain information to comply with legal obligations, complete transactions, resolve disputes, or fulfill other lawful purposes, which may limit our ability to honor deletion requests in full.

Right to Opt Out of SMS Communications

You have the right to opt out of receiving SMS messages from Pozitivf Fertility at any time. Instructions for opting out are included in every text message we send. You may also opt out by contacting us directly at 833-723-2229 or by emailing beto@pozitivf.com. Opting out will not affect your ability to receive care from our clinic.

HIPAA Privacy Rights

As a patient of a HIPAA-covered entity, you have additional rights with respect to your Protected Health Information, including the right to an accounting of disclosures and the right to request restrictions on certain uses and disclosures. These rights are described in detail in our Notice of Privacy Practices, available upon request.

Exercising Your Rights

To exercise any of the rights described above, please contact us using the information in the Contact Information section. We may need to verify your identity before processing your request.

Children's Privacy

The services offered by Pozitivf Fertility are directed toward adults seeking reproductive health and fertility care. Our website and patient communications are not directed to individuals under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen (13) without verifiable parental or guardian consent.

In cases where a minor patient is being seen in connection with a medical condition and treatment is authorized by a parent or legal guardian, information is collected and handled in accordance with applicable law, including HIPAA, and access to that minor's records is governed by Texas state law regarding parental rights and minor consent.

If you believe we have inadvertently collected personal information from a child under thirteen (13) without appropriate consent, please contact us immediately at beto@pozitivf.com or by calling 833-723-2229, and we will take prompt steps to delete such information.

Changes to This Policy

Pozitivf Fertility reserves the right to update or modify this Privacy Policy at any time to reflect changes in our practices, legal requirements, or regulatory guidance. When we make material changes to this policy, we will:

• Update the effective date at the top of this policy
• Post the revised policy at https://rgv.pozitivf.com/privacy-policy
• Notify patients through appropriate channels, such as a notice in our patient portal or a communication from our care team, where required by law

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information. Your continued use of our services following the posting of a revised policy constitutes your acknowledgment of the changes. If you do not agree with any changes to this policy, please discontinue use of our services and contact us to discuss your concerns.

Prior versions of this Privacy Policy are available upon written request by contacting us at the information provided below.

Contact Information

If you have questions, concerns, or requests related to this Privacy Policy or the handling of your personal information, please contact Pozitivf Fertility using any of the following methods:

• Clinic Name: Pozitivf Fertility
• Address: 501 Savannah Ave, McAllen, TX
• Phone: 833-723-2229
• Email: beto@pozitivf.com
• Website: https://rgv.pozitivf.com
• Privacy Policy: https://rgv.pozitivf.com/privacy-policy
• SMS Terms: https://rgv.pozitivf.com/sms-terms

We are committed to addressing your privacy concerns promptly and transparently. If you are a patient and your concern relates to the handling of your Protected Health Information, you also have the right to file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights (OCR) at https://www.hhs.gov/ocr without retaliation from our practice.

SMS and Text Message Communications