What is this document?

Privacy policies can be dense and inaccessible. Sometimes you just want your question answered quickly without having to navigate pages of text. With this document, we hope to make that easier. We tried our best to make our Privacy Policy as easy to navigate and understand as possible. If you have any questions while reading it, please don’t hesitate to reach out to hello@brocounsel.com.

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For purposes of this Policy and unless otherwise specified, “data” includes information that is linked to one person or household including things like name, email address, phone numbers, device ID, Third Party identifiers, contact information, and communications with Therapists using our digital communication platform (the “Platform”) to provide services (“Therapists”). Some jurisdictions might consider this to be “personal data,” “personally identifiable information,” or “sensitive personal data” in certain circumstances. When you use and access our app or website, you accept and agree to both the Terms and Conditions and this Privacy Policy, including that we’ll share certain data with Service Providers.

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Will this document be updated?

We may update this Privacy Policy. When we make significant changes to this Policy, we will notify you through our website or app when you log in to your account. We encourage you to periodically review this page for the latest information.

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How to navigate this document?

This document is broken into seven sections divided by topic. To navigate to a section, reference the list below which provides examples of the types of questions that will be answered in that section. When you find a section that interests you, just click on it and you’ll be automatically directed there.

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SECTION 1

Data Collection and Processing

Do you collect, store, or Process my data?

The categories of data which we Process are listed below. We Process this data to do things like operate the Platform and make sure you are able to use our services effectively. We may also Process data to send you periodic emails or text messages. In some cases, these communications are to help provide services. Other times, they are to provide marketing communications. You can opt out of receiving texts or marketing communications at any time. Additionally, provided you opt in, we may Process and share some data with Third Parties for advertising purposes. You can find more details in the relevant sections of this Policy.

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What specific data are you Processing and why do you collect it?

What data we Process depends on how you’re using our website, app, or the Platform. We explain in the section below the specific data we collect and Process and, in the section following this, the business purpose for collecting and Processing this data.

As highlighted in the table below, we collect and Process “Therapy Data“, which includes health and treatment information that is required to facilitate therapy.

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You can find information on how long we store the data we collect and Process these categories of data in the “How long do you retain my data and how do I request data erasure?” section of this Privacy Policy.

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“Visitor data”

What is collected:

When you visit the website, app, or Platform, we Process information like the particular pages visited or which features you interacted with, the amount of time on the website or app, site/app/Platform errors, information about the type of device and browser you’re using, and IP address. We may Process your Third Party identifier or advertising ID (if available based on the settings of your device) and will share the information with Third Parties, if you opt in to Advertising (previously “Targeting cookies”) and web beacons.

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What it is used for:

• Connecting you with therapy services

• Facilitating tools for you and your Therapist

• Communicating with you

• Monitoring and improving therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Onboarding data”

What is collected:

To create an account with the Platform, the user first fills out a questionnaire. We Process the information used to complete this questionnaire.

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What it is used for:

• Connecting you with therapy services

• Monitoring and improve therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Account Data”

What is collected:

Once a user creates an account with the Platform, we Process data such as the account name the user selects, and other demographic and contact information, such as email, age, phone number, emergency contact details, and whether a user verifies their email address.

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What it is used for:

• Facilitating therapy tools for you and your Therapist

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

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“User ID”

What is collected:

We assign each user (including Therapists) who create an account a sequentially-generated user ID. User IDs are unique to each account and are required in order to enable the Platform to function.

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What it is used for:

• Connecting you with therapy services

• Facilitating therapy tools for you and your Therapist

• Communicating with you

• Monitoring and improving therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Transaction Data”

What is collected:

We Process data about payment transactions on the Platform such as whether a user completed payment for our services, signed up for services using a trial offer, canceled or ended a trial, received a discount or financial aid, or received any extensions or refunds. We also process whether a visitor has registered to create an account.

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What it is used for:

• Connecting you with therapy services

• Facilitating therapy tools for you and your Therapist

• Communicating with you

• Monitoring and improving therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Member Engagement Data”

What is collected:

We Process data for logging into the Platform and activity conducted during that log in such as when a user logs in, the login timing, number and length of messages received or sent through the Platform, received or sent message timing, number and duration of live session scheduled or conducted, the number and timing of use of other features such as worksheets, journals, and goals. This category does not include Therapy Data like the content of any messages sent or received by users, the content of any live sessions, or the content of journal entries, worksheets, or goals.

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What it is used for:

• Facilitating therapy tools for you and your Therapist

• Communicating with you

• Monitoring and improving therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Therapy Data”

What is collected:

We Process written communications and related information users share with their Therapist to facilitate the therapy. This includes messages with Therapists, worksheets, and journal entries. Users may also choose to send audio messages which are automatically transcribed. We do not record the video or audio sessions with Therapists.}

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What it is used for:

• Facilitating therapy tools for you and your Therapist

• Complying with laws

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“Therapy Quality Data”

What is collected:

We Process client feedback about their Therapist including, ratings and reviews of their Therapist, actions regarding switching Therapists or quitting therapy, and the reason selected by the client. We Process Therapist session availability, session cancellations and no-shows.

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What it is used for:

• Connecting you with therapy services

• Facilitating therapy tools for you and your Therapist

• Communicating with you

• Monitoring and improving therapy quality

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Customer Service and Communications Data”

What is collected:

We Process communications users have with our Customer Service team.

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What it is used for:

• Communicating with you

• Complying with laws

• Protecting your safety and the safety of others

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“Therapist Data”

What is collected:

In order to follow up with Therapists on the status of their applications, to identify, match, credential, re-credential, run checks, issue 1099s and pay Therapists, we process Therapist information such as the Therapist’s name, bank account information, gender, date of birth, governmental identification numbers (SSN/FEIN), e-mail address, phone number, address, NPI number (if applicable), license information, CAQH number (if applicable), and areas of interest/expertise, education, and job history. Therapists may also separately and outside of this Policy, consent to using facial scans to assist logging them in and verifying their identity.

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What it is used for:

• Connecting you with therapy services

• Facilitating therapy tools for you and your Therapist

• Communicating with you

• Personalizing your web or app experience

• Helping us understand how you use our services, how we can improve our products and services to make them more effective and convenient, and offer you new features

• Complying with laws

• Protecting your safety and the safety of others

• Sending you opportunities, promotions, news, updates and reminders about our services and your account

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“Therapist Engagement Data”

What is collected:

For Therapists, we process such data as number/times of Therapist logins to the Platform, the number of live sessions conducted by a Therapist, number of messages and words exchanged by a Therapist, number of worksheets shared by a Therapist, and number of journal entries shared with a Therapist.

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What it is used for:

• Connecting you with therapy services

• Facilitating therapy tools for you and your Therapist

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“Clinical Health Record”

What is collected:

We Process "Clinical Health Record" which is a record with the minimum information your therapist would need to identify you and document the services you received. This Record includes your therapist’s internal notes, dates you received services, and the following specific subsets of Onboarding, Account, and Therapy data:

• "Onboarding data": Onboarding Questionnaire Answers

• "Account data": Account name the user selects, phone number (if one is provided), email address, emergency contact details

• "Therapy data": Dates of service, messages with therapist, worksheets, journal entries that are shared with therapist, therapist’s internal notes

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If you’re a Therapist on our Platform, or being recruited to join us, in addition to the above, we may Process Therapist Data, Therapy Quality Data, Therapist Engagement Data, User ID, Onboarding Data, Account Registration Data to:

• Assist in the Therapist recruitment process and onboard you to the Platform;

• Operate the Platform, match clients to you based on your preferences, and facilitate the communication between you and your clients;

• Verify your identity and secure your account;

• Run background checks and other screening required for credentialing and re-credentialing purposes;

• To pay you and comply with all relevant tax laws;

• Provide you quality statistics, feedback from our BroCounsel Operations team, and feedback from clients.

• Offer you information about new features, opportunities, perks and other incentives.

• Promote your profile on BroCounsel and with Third Party websites and directories to get you more clients (to opt-out email hello@brocounsel.com).

• Send you email, calls or SMS reminders, notifications & updates about your application, profile or account.

In addition to processing, we also share some data with Service Providers in order for us to operate the Platform and to perform necessary website and application functions. Additionally, when you opt into sharing, we share certain data with Third Parties. For more information please see the section: "What are the purposes for sharing my data?"

If you opt in to Advertising (previously “Targeting cookies“) and web beacons we process Visitor Data for advertising purposes: To learn more, see section, "Are you using my data for advertising?".

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Do you Process location data?

We don't Process location data.

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SECTION 2

Data Sharing

What are the purposes for sharing my data?

Here’s some more information about the purposes for which we share your data:

• Your data may be shared to comply with applicable laws. For example, a court might subpoena information from us where we would be required to share certain information requested in the subpoena. This is not unique to BroCounsel and is applicable to in-person therapy as well. Keep in mind that, as a general rule, we defer to your chosen Therapist to decide to produce (or not produce) any psychotherapy notes or messages you have had with them. Many jurisdictions have strict rules governing Therapist/client relationships and the confidentiality requirements associated with that. We encourage you to discuss with your Therapist early on if you have concerns about their disclosure obligations.

• Occasionally, your data may be handled by a select number of employees who are part of our parent company for support services. These employees are under strict duties of confidentiality. For example, a paralegal at our parent company may receive subpoenas or legal correspondence on behalf of Members or former Members and make sure they are provided to BroCounsel’s Legal team to address.

• We may share certain data with Service Providers that provide limited services that help us operate the Platform. Examples include:

  • Data hosting and storage providers: For example, cloud hosting providers such as Amazon Web Services (AWS) and Wix.

  • Technology Service Providers: For example, we sometimes integrate tools into our Platform which give our Platform more functionality, like technology that helps us provide live audio, video and group meetings.

  • Customer Service Providers: For example, we use a tool that helps keep track of requests and questions from our Members, visitors and Therapists in a secure way. Email management and communication Service Providers: For example, we may use a tool that makes reaching out to you easier for us and more convenient for you.

  • Billing and payment processing Service Providers: For example, we use Stripe to help process payments in a secure way. Stripe also assists us in paying Therapists and issuing tax documents to them. For this purpose, we may share email addresses of Therapists with Stripe and PayPal and other data that is needed to pay Therapists such as a Therapist’s name and tax ID.

  • Reporting and analytics Service Providers: For example, we might use a service to help us keep track of which pages and features are most used on our site.

  • Advisors and lawyers: To assist with business matters.

  • We may share some of your data with Service Providers to ensure the safety and security of the Platform and that of our users.

• If you’re a Therapist on our Platform, or being recruited to join us, in addition to the above, we may share certain data with Therapist recruiters in order to facilitate, monitor, and track the recruitment process.

• For Members who receive services in connection with an employer, organization, or other business partner, we may share group-level usage data, which cannot be directly connected to you, with your organization. In the instance of Members who receive services through an Employee Assistance Program (“EAP”), your EAP will provide notice for any individual-level data which is shared with the EAP, if you are utilizing one and have provided them with consent for us to do so. If you have any questions on how your data will be used by or shared with your EAP, please reach out to your EAP directly.

• We may share some of your data in connection with an asset sale, merger or bankruptcy.

Note that if you make any information publicly available on the Platform, such as with a public post, anyone may see and use such information.

If you opt in to "Analytics (previously "Performance cookies")", we may use analytics cookies from trusted Service Providers to Process data for activities including but not limited to analyzing traffic sources, visits, and site interactions. This analysis helps us to improve our products and services.

If you opt in to "Advertising (previously "Targeting cookies")" and web beacons, information regarding your activity on our websites, excluding activity when you’re logged in and have started therapy, may be shared for advertising purposes. To learn more, see section: "Are you using my data for advertising?"

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How do you use my data to comply with the law?

When required by law, we cooperate with government agencies. This is not unique to BroCounsel and is applicable to in-person therapy as well. For example, a court might subpoena information from us where we would be required to share certain information requested in the subpoena. Keep in mind that, as a general rule, we defer to your chosen Therapist to decide to produce (or not produce) any psychotherapy notes or messages you have had with them. Many jurisdictions have strict rules governing Therapist/client relationships and the confidentiality requirements associated with that. We encourage you to discuss with your Therapist early on if you have concerns about their disclosure obligations.

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You should also be aware that Therapists may be obliged to disclose information to authorities to meet professional and legal responsibilities. Specifically, some laws require mental health professionals to disclose information and/or take action for: (a) reported or suspected abuse; (b) serious suicidal potential; (c) threatened harm; and (d) court-ordered treatment. You should speak with your Therapist if you have concerns about this.

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Do you sell my data?

We aren’t paid by anyone for any data. So we don't sell your data.

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Are you using my data for advertising?

In order to reach people who may be looking for mental health support, we advertise on some Third Party web properties such as Third Party websites and apps. In order to minimize advertising costs related to this process and downstream costs to you, we strive to deliver ads that are relevant, interesting, and personal.

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Therefore, if you opt in to Advertising cookies and web beacons, your IP address, Third Party identifier (if applicable), hashed User ID (if applicable), and some Visitor Data, excluding activity when you’re logged in and have started therapy, may be shared for advertising purposes. As a result, you may see ads for our services on some Third Party websites.

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Even if you do opt in, we still do not engage in “retargeting” advertising. Retargeting advertising is a type of advertising whereby advertisers leverage the fact that you viewed a page or took an action on their site to advertise to you again on third party properties in the hope that you will see the ad and return to their site.

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To be clear, we don’t share any data or information you share with your Therapist with any Third Party advertisers. Even if you opt in to Advertising cookies and web beacons, we still don’t share information with Third Party advertisers like Member names, email addresses, phone numbers, clinician diagnosis, questionnaires answers, sessions data, journal entries, messages, worksheets, or any other type of private communication you have with your Therapist on the Platform.

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For additional information regarding Third Parties that BroCounsel may share data with, please reference our Third Party Partners Disclosure List.

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SECTION 3

Data Retention, Erasure, and Exporting

How long do you retain my data and how do I request data erasure?

BroCounsel is committed to ensuring that all applicable Member data is retained only for the amount of time required to provide relevant products and services and in accordance with relevant legal requirements.

Certain categories of data are retained for a period of time after you cancel your Membership or your Membership becomes inactive. These categories of data are retained to allow for a seamless reactivation in the event you begin using our services again and allow Therapists to reference historical information. Retaining this data is also needed to ensure our products and services function.

In addition to the data retention schedule outlined below, BroCounsel maintains a process for all Members (regardless of where they live) to receive and process, without undue delay, requests to erase or access their data.

The following sections describe both how long a Member can expect their data to be retained for given specific account information as well as how to request data erasure and access. In this Policy, data erasure is defined as the permanent removal or obfuscation of identifiable data (See "What is this Privacy Policy") so that it is no longer accessible by anyone.

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Retention Policy

BroCounsel data retention policies are based upon what data is being Processed, whether or not the Member has participated in therapy, and if the Member proactively requested data erasure or if the erasure is triggered due to Platform inactivity.

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SECTION 4

Security and Anonymity

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How do you keep my data secure?
We apply industry standards and strive to apply best practices to prevent any unauthorized access and disclosure. Internet-based services carry inherent security risks, but our systems infrastructure, encryption technology, operation and processes are all designed, built, and maintained with your security and privacy in mind.

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BroCounsel has an experienced team of data security professionals whose job it is to make sure we use secure technology to protect your data. We have an Information Security team who test internal security at BroCounsel to try and anticipate threat actors and act defensively to build processes and infrastructure to prevent incidents and attacks.

Our databases are encrypted and scrambled rendering them useless in the unlikely event that they are stolen or inappropriately retrieved.
We have robust monitoring and alerting systems and procedures in place that include both automated systems and humans. For example, there are always security personnel active in our 24/7 rotation.

For your own security, keep the following in mind:

Phishing: This is a type of online identity theft or account hacking. We will never request your login information or credit card information in any non-secure or unsolicited communication. You should always be diligent when you are asked to provide your account information and make sure it is in our secure system.

External links: Our Platform may contain links to an external website or service. We do not control external websites, and do not have control over their privacy policies and terms of use. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that external party or of their privacy and security policies or practices.

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Can I sign up for BroCounsel and remain anonymous?

When you sign up for an account on BroCounsel, you don't need to use your full real name if you don't want to. You may pick any name or “nickname” which will identify you in the system. You will need to provide an email address so that we can verify your account, and so we can communicate with you. You can choose an email that does not include your name (including if you are coming to us from an employer, organization, or other business partner and do not want to use your organization’s email address), but you should be aware that in some jurisdictions emails may be considered “personal data,” “personally identifiable information,” or “sensitive personal data” in certain circumstances. When you decide to start the therapy process, we’ll ask you for your contact information for emergency situations such as if your Therapist thinks that you or someone else is in immediate danger. Your Therapist may request additional specific information about you as required by their license or other accreditation guidelines.

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Even though we try to limit the kinds of information you must provide to us as discussed above, it is very difficult to be truly “anonymous” when you use any app or the internet.

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Who can see the interactions I have with my Therapist?
Every interaction you have with your Therapist, a member of the BroCounsel Operations Team will be present for quality assurance purposes. For example, if you raise a concern about your Therapist, or if we have concerns about a specific Therapist’s clinical care.

In addition, our internal Trust and Safety or Legal teams may review sessions and communications for specific accounts if we have a reason to believe that there is a security, legal, or fraud issue occurring with that specific account.

Messages with your Therapist are not shared with any Third Party, and your live sessions are not recorded. We also do not share when you send a message, or have a session with your Therapist, with any Third Party.

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How do you treat data from children?

We don’t knowingly collect or solicit any data or information from anyone under the age of thirteen (13) or knowingly allow such persons to become our users. The Platform is not directed at and not intended to be used by children under the age of thirteen (13). If you’re aware that we have collected personal information from a child under age thirteen (13), please let us know by contacting us, and we’ll delete that information.

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What is a cookie or web beacon?

A “cookie“ is a small data file that is accessible within a folder on a computer, and it is used for record-keeping purposes. Cookies are used to enhance performance of the Platform, personalize your experience and can be used for Third Party tracking (as described above). For example, cookies may be used to help you quickly log into certain platforms and websites without having to enter your credentials every time.

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A “web beacon“ or “pixel” is a tiny and sometimes invisible image or embedded code, placed on a web page or email that can report your visit or use to a Third Party (as described above). In general, these tools can be used to monitor the activity of users for the purpose of web analytics, advertising optimization, or page tagging.

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What are you using cookies and web beacons for?

We use our own, Service Providers and Third Party cookies and web beacons to deliver a faster and safer experience, to monitor and analyze usage, to comply with laws, and for advertising purposes.

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How can I stop receiving direct marketing emails from you?

You can always opt out of receiving marketing emails. In order to opt out, you can select the unsubscribe link located at the bottom of the relevant email communication.