Washington Health Privacy Notice

This Octave Washington Health Privacy Notice was last updated on June 28, 2024.

1. Introduction

This Washington Health Privacy Notice supplements the information contained in Octave’s Privacy Notice and describes our collection and use of personal data defined as “Consumer Health Data” by the Washington My Health My Data Act (“WA MHMD”) that is collected by Octave. This Washington Health Privacy Notice only applies to individual consumers who are residents of the state of Washington, or individuals whose Consumer Health Data is collected in the state of Washington (“Health Data Subjects,” or “you”). In the event of a conflict between any other policy, statement, or notice and this Washington Health Privacy Notice, this Washington Health Privacy Notice will prevail as to Consumer Health Data Collected under WA MHMD.

2. Scope of this Washington Health Privacy Notice

This Washington Health Privacy Notice applies to “Consumer Health Data” or personal information that is linked or reasonably linkable to a particular individual and that identifies that individual’s past, present, or future physical or mental health status. However, the following categories of information are not Consumer Health Data and are not covered by this Washington Health Privacy Notice:

• Protected Health Information (“PHI”), as defined by the Health Insurance Portability and Accountability Act (“HIPAA”);
• Health care information collected, used, or disclosed in accordance with WA Revised Code § 70.02 (“Medical Records – Health Care Information Access and Disclosure”);
• Publicly available information;
• Deidentified data; and
• Information otherwise excluded from the scope of WA MHMD.

This Washington Health Privacy Notice does not apply to the information of individuals acting in an employment context, such as job applicants, employees, or contractors to Octave Behavioral Health PC, Octave Psychiatry Behavioral Health PC, Octave Behavioral, PA, Octave Behavioral Michigan, P.C., and Octave Behavioral, P.C. (collectively the “Octave Medical Group”). 

3. Categories of Consumer Health Data We Collect

We may collect the following categories of Consumer Health Data with your consent, or to the extent necessary to provide a product or service that you requested. We only collect the categories of Consumer Health Data described in this Washington Health Privacy Notice.  

• Individual health conditions, treatment, diseases, or diagnosis
• Social, psychological, behavioral, and medical interventions
• Health-related surgeries or procedures
• Use or purchase of prescribed medication
• Diagnoses or diagnostic testing, treatment, or medication
• Gender-affirming care information
• Reproductive or sexual health information
• Precise location information that could reasonably indicate an individual’s attempt to acquire or receive health services or supplies
• Data that identifies a consumer seeking health care services
• Any other information used to associate or identify an individual with any category of health data that is derived or extrapolated from nonhealth information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning)

4. Sources of Consumer Health Data

We collect Consumer Health Data from the following sources:

• Directly from you;
• Inferences from your activity using our services; 
• From our affiliates (businesses that share common branding and ownership with Octave); 
• From our business partners (companies that we have a pre-existing commercial relationship with).

5. Use of Consumer Health Data

We only use Consumer Health Data as described in this Washington Health Privacy Notice. We may use Consumer Health Data to fulfill the purposes listed below. 

6. Purpose for Collecting and Using Consumer Health Data

We only collect and use Consumer Health Data for the purposes described in this Washington Health Privacy Notice. We may collect and use Consumer Health Data for the following purposes: 

• To provide teletherapy and related services to you via our licensed medical providers;
• To verify your identity as the holder of an account with us;
• To administer your account, process payments, troubleshoot issues, and provide you with customer support;
• To communicate with you about the services, and to deliver any administrative notices or alerts and communications relevant to your use of the services;
• To market our services that we believe may be of interest;
• To tailor the features, performance and support of the services to you and your preferences;
• To provide, operate, analyze usage of, and improve the services, including performing research and development;
• To investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;
• To make sure our terms, policies, and agreements with you and any third parties are enforced;
• To comply with applicable laws and regulations.

7. Sharing of Consumer Health Data

We may share each of the categories of Consumer Health Data described above with your consent, or to the extent necessary to provide a product or service that you requested.

“Share” under the WA MHMD means to release, disclose, disseminate, divulge, make available, provide access to, license, or otherwise communicate Consumer Health Data to a third party or affiliate. However, “share” does not include (i) disclosure of Consumer Health Data to provide goods or services in a manner consistent with the purpose for which we collected the Consumer Health Data; (ii) disclosure to a third party with whom you have a direct relationship when the disclosure is for the purpose of providing a product or service to you if we maintain control and ownership of the data, and the third party uses the data only at our direction and consistent with your consent and for the purpose for which it was collected; or (iii) disclosure or transfer of Consumer Health Data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in compliance with WA MHMD. The term “third party,” as used in this Washington Health Privacy Notice, means a person who is not a consumer, an entity regulated under WA MHMD, a processor, or an affiliate of an entity regulated under WA MHMD.

We may share Consumer Health Data with the following categories of third parties and specific affiliates:

• Advertisers and advertising networks; 
• Business partners; 
• Affiliates of Octave; 
• Social media companies; and 
• Internet cookie information recipients, such as analytics and behavioral advertising services

8. Exercising Your Health Data Rights

Health Data Subjects have the following rights under WA MHMD:

• The right to confirm whether we are collecting, sharing, or selling your Consumer Health Data;
• The right to access a copy of the Consumer Health Data we have about you;
• The right to delete your Consumer Health Data;
• The right to withdraw consent for the collection and/or sharing of your Consumer Health Data;
• The right to appeal our decisions on requests to exercise any of these rights.

If you are a Health Data Subject, you may exercise the rights described above by submitting a request to exercise your rights under WA MHMD (a “Consumer Request”) by either: 

• Emailing us at: support@findoctave.com (with the subject line “Health Privacy Rights Request”); or 
• Writing us at: 

Octave
Attn: Health Privacy Rights Request
625 Market St 15th Floor
San Francisco, CA 94015

If you believe any of your Consumer Health Data is inaccurate or incomplete, you may review and correct some Consumer Health Data about yourself by logging into your online account with us and visiting your “Account” page or you may submit a request to correct it by emailing us at support@findoctave.com.

You may submit a rights request, free of charge, up to two times per year. We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a Health Data Subject that are manifestly unfounded, excessive, or repetitive.

To protect your privacy, we may need to authenticate your identity before we respond to your rights request. All Consumer Requests must provide sufficient information that allows us to reasonably verify you are the individual about whom we collected the Consumer Health Data or that you are a person authorized to make a request on behalf of the individual about whom we collected the Consumer Health Data. This may include verifying one or more of the following: full first and last name; date of birth; the email address associated with your account; and/or any other appropriate individualized data point. You must also describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

If you do not complete the verification process, we may be unable to process your request and may request additional information reasonably necessary to verify your identity. Any information you provide to authenticate your identity will only be used to process your rights request and not for any other purpose. If you have a password-protected online account with us, we may require you to submit your rights request securely through that account. Please be aware that we do not accept or process rights requests submitted through other means not outlined in this Washington Health Privacy Notice.

Response Timing and Format

We will respond to your rights request within 45 days. If we require more time (up to an additional 45 calendar days), we will inform you of the reason and extension period in writing. 

Appeals Process

If you believe our response to your rights request is insufficient, you can appeal our decision by submitting an appeal request via the same method used to submit your initial request. Within 45 days after we receive your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including any explanations for the reasons for the decision. If your appeal is denied, you may lodge a complaint with the Washington Attorney General available at: https://www.atg.wa.gov/contactus.aspx 

9. Sales of Consumer Health Data

WA MHMD defines a “sale” as the exchange of Consumer Health Data for monetary or other valuable consideration, excluding exchange (i) to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of our assets that complies with the requirements and obligations in WA MHMD; or (ii) by us to a processor when such exchange is consistent with the purpose for which the Consumer Health Data was collected and disclosed to the consumer. As required by law, we only sell Consumer Health Data after we have obtained a valid authorization from the Health Data Subject(s) whose Consumer Health Data is involved in the sale. If you have previously authorized us to sell your Consumer Health Data, you can revoke that authorization at any time by following the instructions listed on your original authorization. If you do not have your original authorization, you can contact us at support@findoctave.com for information on how to revoke your authorization. 

10. Changes to this Washington Health Privacy Notice

We reserve the right to amend this Washington Health Privacy Notice at our discretion and at any time. When we make material changes to this Washington Health Privacy Notice, we will post the updated version on our website and update the Last Updated date. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.

11. Contact Information

If you have any questions or comments about this Washington Health Privacy Notice, the ways in which Octave collects and uses your Consumer Health Data described above, your choices and rights regarding such use, or wish to exercise your rights under the WA MHMD, please do not hesitate to contact us at:

Website: https://www.findoctave.com/contact/

Email: support@findoctave.com

Postal Address:

Octave
Attn: WA MHMD
625 Market St 15th Floor
San Francisco, CA 94015