Washington Consumer Health Data Privacy Policy.

This Washington Consumer Health Data Privacy Policy (“CHD Policy”) describes how PsyBird.AI, operated by Any Percent LLC (“PsyBird,” “we,” “us,” or “our”) collects, uses, shares, and protects “consumer health data” as defined by the Washington My Health My Data Act, RCW 19.373 (“MHMDA”). It applies to consumers who are Washington residents and to consumers whose consumer health data is collected in Washington.

What this policy does not cover. This CHD Policy applies only to consumer health data governed by MHMDA. It does not apply to protected health information (PHI) that we handle for a licensed practice under HIPAA and a Business Associate Agreement (that information is described in the practice’s HIPAA Notice of Privacy Practices), or to other information exempt from MHMDA (including information governed by HIPAA, and employment-related data).

1. Categories of consumer health data we collect

“Consumer health data” is personal information linked or reasonably linkable to a consumer that identifies the consumer’s past, present, or future physical or mental health status, including information derived or extrapolated from non-health data. We may collect the following categories:

• Information that identifies you as seeking mental-health-related services (for example, when you submit our website contact or consultation form, or correspond with us about using PsyBird).
• Health-related information you choose to include in a message or inquiry to us, outside of a HIPAA-covered treatment relationship.

We do not collect other categories of consumer health data, and we do not derive or infer health information from non-health data.

2. Sources of consumer health data

We may collect consumer health data from:

• You directly: through forms, inquiries, or correspondence with us.
• Your interactions with our website, limited to the technical operation of the site and the inquiry you submit.

3. Purposes for collecting and using consumer health data

We use consumer health data only for the following purposes, and only with your consent or as necessary to provide a product or service you have requested:

• To respond to your inquiries and requests.
• To provide, operate, secure, and improve our website and services.
• To comply with legal obligations and to protect against security incidents, fraud, or illegal activity.

We do not use consumer health data for targeted advertising, and we do not use it for purposes that are incompatible with those described here.

4. Categories of consumer health data we share

We share only the categories of consumer health data listed in section 1, and only where necessary for the purposes described in section 3. We do not share consumer health data with advertising or cross-site tracking vendors.

5. Categories of third parties with whom we share

Where we share consumer health data, we do so only with:

• Service providers and processors that perform functions on our behalf: specifically, our secure website hosting and form-processing infrastructure (Google Cloud) and our operational email provider (Google Workspace), under contracts requiring them to protect the data and use it only under our instructions.
• Government entities or others when required by law or legal process, or as necessary to protect safety, rights, or security.

6. Specific affiliates with whom we share

MHMDA requires that affiliates be named specifically, not by category. We do not share consumer health data with any affiliates.

7. No sale of consumer health data; no geofencing

No sale. We do not sell consumer health data. Under MHMDA, any sale would require your separate, written, and signed authorization, which we do not seek.

No geofencing. We do not use a geofence around any entity that provides in-person health care services to identify or track consumers, to collect consumer health data, or to send notifications, messages, or advertisements related to consumer health data or health care services.

8. Your rights under the My Health My Data Act

If you are a Washington consumer, you have the right to:

• Confirm whether we are collecting, sharing, or selling your consumer health data, and access that data.
• Obtain a list of all third parties and affiliates with whom we have shared your consumer health data, together with active contact information for each recipient.
• Have your consumer health data deleted, including by our direction to processors and affiliates that received it.
• Withdraw consent to our collection and sharing of your consumer health data.

9. How to exercise your rights

To exercise any of these rights, contact us using the method in section 11. We will take steps to authenticate your request as permitted by law. We will respond without undue delay and within 45 days of receipt; where reasonably necessary, we may extend that period once by an additional 45 days and will notify you of the extension and the reason. To withdraw consent, use the same contact method. If we refuse to take action on a request, you may appeal by replying to our decision, and we will respond to your appeal within 45 days.

10. Changes to this policy

We may update this CHD Policy from time to time and will post the updated version with a new effective date. If we intend to collect new categories of consumer health data, or to use consumer health data for new purposes, we will disclose those changes and obtain your consent as required by MHMDA before doing so.

11. Contact us