Mouthguard.app / Mouthguard AI

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Mouthguard.app (operated by Mouthguard AI, a Georgia-organized entity with principal place of business in the Smyrna/Atlanta area, “we,” “us,” or “our”) is committed to protecting your privacy. We may qualify as a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA) when handling Protected Health Information (PHI). This Notice explains our privacy practices for PHI collected through the mouthguard.app website, mobile app, smart mouthguard device, and related services.

1. What is Protected Health Information (PHI)?

PHI is individually identifiable health information, including data from your smart mouthguard such as impact/concussion metrics, heart rate, movement data, oral/dental health insights, treatment records, or other health/performance information linked to you.

2. How We May Use and Disclose Your PHI

We may use and disclose your PHI for the following purposes permitted or required by HIPAA (and aligned with 42 CFR Part 2 where applicable for substance use data, if relevant):

• Treatment: To provide, coordinate, or manage your healthcare, including sharing with dentists, physicians, trainers, or other providers involved in your care (e.g., analyzing mouthguard data for injury prevention or performance optimization).
• Payment: To bill and collect payment for services, including insurance companies or other payers.
• Healthcare Operations: For internal activities like quality improvement, training, accreditation, auditing, and managing our business.
• As Required by Law: When mandated by federal, state, or local law.
• Public Health and Safety: To report disease outbreaks, adverse events, or prevent harm (e.g., safety alerts related to mouthguard use).
• Health Oversight: To agencies for audits, investigations, or licensing.
• Judicial/Administrative Proceedings: In response to court orders, subpoenas, or legal processes.
• Law Enforcement: For limited purposes like reporting injuries or complying with warrants.
• Research: Under approved protocols with privacy safeguards.
• Other Permitted Uses: Organ donation, workers’ compensation, military/veterans affairs, or correctional institutions (as applicable).

Marketing and Sales: We will not use or sell your PHI for marketing without your written authorization (except for certain treatment-related communications). You may revoke authorizations in writing.

Other Uses: Any other use or disclosure requires your written authorization, which you may revoke at any time (except to the extent action has already been taken).

3. Your Rights Regarding PHI

You have the following rights (subject to certain exceptions and state variations):

• Access and Copy: Request to inspect or obtain a copy of your PHI (electronic or paper). We may charge reasonable fees.
• Amendment: Request corrections if your PHI is inaccurate or incomplete.
• Accounting of Disclosures: Request a list of certain disclosures made in the prior 6 years.
• Restrictions: Request limits on uses/disclosures for treatment, payment, or operations (we are not always required to agree).
• Confidential Communications: Request communications in a specific manner or location (e.g., secure email).
• Breach Notification: Be notified of any breach of your unsecured PHI.
• Paper Copy: Receive a paper version of this Notice at any time.
• Opt-Out/Additional Rights: Under state laws (e.g., California CMIA, New York, etc.), you may have extra protections for sensitive data like mental health or minors’ records.

To exercise rights, contact our Privacy Officer in writing (details below). We respond within required timelines (typically 30 days, extendable).

4. Our Obligations and Safeguards

We are required by law to:

• Maintain the privacy of your PHI.
• Provide this Notice and abide by its terms.
• Notify you of any material changes.
• Implement administrative, technical, and physical safeguards (e.g., encryption, access controls, secure data transmission via SSL/TLS, BAAs with vendors).

We train staff and monitor compliance.

5. Changes to This Notice

We reserve the right to change our practices and this Notice. Revised versions apply to all PHI we maintain. We will post the current Notice on mouthguard.app and make it available upon request. The effective date appears at the top.

6. Complaints

If you believe your privacy rights have been violated, file a complaint with:

• Our Privacy Officer (contact below) — no retaliation.
• U.S. Department of Health and Human Services, Office for Civil Rights (OCR) at hhs.gov/ocr or 1-800-368-1019.

7. Contact Information

Privacy Officer / Mouthguard AI
Mouthguard.app
3348 Peachtree Rd NE, Ste 700
Atlanta, GA 30326
United States

Email: privacy@mouthguard.app
Phone: 470-632-6546
Website: https://mouthguard.app

For general questions about the app or non-PHI data, refer to our general Privacy Policy (if separate).