Privacy and Data Protection Policy

What are the data protection laws in the United States?

Unlike Brazil's LGPD or the European Union's GDPR, the United States does not have a single, comprehensive federal data protection law. Instead, data protection is governed by a patchwork of federal and state laws, each addressing specific sectors, types of data, or categories of individuals. This fragmented approach means that the rules that apply to your data depend on where you live, what type of data is involved, and who is processing it.

At the federal level, key statutes include the Health Insurance Portability and Accountability Act (HIPAA), which protects health information held by covered entities and their business associates; the Children's Online Privacy Protection Act (COPPA), which requires verifiable parental consent before collecting data from children under 13; and Section 5 of the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive trade practices — including failing to honor the promises made in a privacy policy.

At the state level, a growing number of states have enacted comprehensive privacy legislation. California leads with the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), which grants consumers rights to access, delete, correct, and opt out of the sale or sharing of their personal information. Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), and several other states have enacted similar laws, each with its own definitions, thresholds, and enforcement mechanisms.

Who enforces data protection in the United States?

There is no single federal data protection authority equivalent to Brazil's ANPD or the EU's national supervisory authorities. Enforcement is distributed across multiple agencies:

What principles guide U.S. data protection?

Although there is no unified set of federal data protection principles, several recurring themes emerge across federal and state laws, FTC enforcement actions, and industry best practices:

These principles, while not codified in a single statute, effectively function as the standards against which the FTC and state regulators evaluate an organization's data practices.

What is sensitive personal information under U.S. law?

The concept of "sensitive" personal information varies by statute, but the general trend is toward heightened protection for certain categories of data:

SERENITAS does not store medical records, diagnoses, treatments, or prescription information. However, the fact that a user schedules an appointment with a healthcare professional of a particular specialty may indirectly suggest health-related interests. SERENITAS treats this scheduling data with heightened care, consistent with the sensitivity principles outlined above.

Additionally, SERENITAS has evaluated its relationship to HIPAA and has determined that it does not function as a "covered entity" or "business associate" under HIPAA, as it does not create, receive, maintain, or transmit Protected Health Information on behalf of covered entities. The platform serves as a scheduling and connection intermediary; all clinical data remains under the sole control of the healthcare professional.

What are your rights as a consumer?

Your specific rights depend on your state of residence. The following table summarizes the key rights available under the most widely applicable state privacy laws:

Right

CCPA/CPRA (California)

VCDPA (Virginia)

CPA (Colorado)

CTDPA (Connecticut)

Right to know / access

Yes

Yes

Yes

Yes

Right to delete

Yes

Yes

Yes

Yes

Right to correct

Yes

Yes

Yes

Yes

Right to portability

Yes

Yes

Yes

Yes

Right to opt out of sale

Yes

Yes

Yes

Yes

Right to opt out of profiling

Yes (CPRA)

Yes

Yes

Yes

Right to non-discrimination

Yes

Yes

Yes

Yes

Right to appeal a denied request

Yes

Yes

Yes

Even if you reside in a state without comprehensive privacy legislation, the FTC Act provides baseline protections against deceptive data practices, meaning that the commitments SERENITAS makes in its Privacy Policy are enforceable as a matter of federal law.

What are the penalties for non-compliance?

Penalties for data protection violations in the United States come from multiple sources:

How does SERENITAS handle your data?

SERENITAS operates as the controller (the entity that determines the purposes and means of processing) for the personal information collected directly from patients and healthcare professionals who use the Platform. All data is processed in accordance with applicable federal and state laws, and in keeping with the commitments made in our Privacy Policy.

The data collected by the Platform may include account information (name, email, phone number), usage and navigation data, approximate geographic location for finding healthcare professionals, and, when applicable, scheduling information voluntarily provided by the user. SERENITAS does not collect, store, or process medical records, diagnoses, treatment plans, or clinical notes.

Payment transactions are processed by Stripe, Inc. SERENITAS does not store credit card numbers, bank account details, or other complete payment credentials. We retain only transaction identifiers, amounts, dates, and payment status for record-keeping purposes.

SERENITAS implements technical and administrative security safeguards, including encryption of data in transit and at rest, role-based access controls, audit logging of sensitive operations, and periodic privacy risk assessments. The Platform uses only strictly necessary cookies for authentication, security, and user preferences.

How can you exercise your rights with SERENITAS?

Any user may exercise the rights available under applicable law in a simple and free manner. The available channels on the SERENITAS Platform are:

Response times for data subject requests:

Data deletion and the right to erasure

When you request the deletion of your personal data on SERENITAS, we will initiate the removal process within the applicable timeframe. However, it is important to note thatnot all data can be immediately and completely deleted.

Data tied to financial transactions — such as payment records, invoices, and receipts — are subject to legal retention obligations under federal and state tax law. These records must be retained for a minimum ofseven years from the date of the transaction, in accordance with IRS record-keeping guidelines and applicable state requirements.

During this mandatory retention period, SERENITAS willanonymize the retained data. In practice, this means that financial records will continue to be stored for legal compliance purposes, but will be stripped of any element that could directly or indirectly identify you. Your name, email, phone number, and any other personal identifiers will be removed or replaced with irreversible codes.

At the end of the legal retention period, the anonymized records will be permanently deleted from our systems. You will be notified by email when your deletion request has been processed, with clear information about which data has been removed and which has been anonymized for legal compliance.

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