
ADDITIONAL INFORMATION
DISCLAIMER, TERMS OF SERVICE, AND PRIVACY POLICY
TERMS OF SERVICE
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By accessing or using the website, mobile application, or any services provided by EVO Health + Performance (“EVO”), you agree to be bound by the following Terms of Service.
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1. Use of Services
You agree to use EVO services only for lawful purposes and in accordance with all applicable laws. You may not use our platform to engage in conduct that is harmful, abusive, or disruptive.
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2. Eligibility
You must be at least 18 years old (or have parental consent) to use our services. You agree to provide accurate, complete, and up-to-date information when using our platform.
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3. Intellectual Property
All content on this website and app, including branding, logos, videos, and educational materials, are the property of EVO and protected under copyright and trademark laws. Unauthorized use is prohibited.
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4. Payments and Billing
All payments for services must be made in accordance with the pricing disclosed at the time of booking. EVO reserves the right to update pricing, cancel appointments, or modify services at any time.
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5. Cancellations & Refunds
Cancellations and rescheduling policies will be provided at the time of booking. Refunds are issued only under specific conditions and at the discretion of EVO management.
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6. Limitation of Liability
EVO is not liable for any indirect, incidental, special, or consequential damages resulting from your use of our services or platform.
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PRIVACY POLICY
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EVO Health + Performance respects your privacy. This Privacy Policy outlines the types of personal information we collect, how we use it, your rights regarding your data, and how we comply with applicable privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA).
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1. Information We Collect
We may collect the following categories of information:
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Personal information (e.g., name, contact details, DOB)
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Health and fitness data (e.g., goals, medical history, training records)
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App usage data (e.g., device type, cookies, location data, log information)
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Communications and feedback you submit via our platform or app
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2. How We Use Your Information
We use your information for the following purposes:
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To provide personalized care, treatment, coaching, and services
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To communicate appointment reminders and service updates
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To improve our offerings, track metrics, and enhance functionality
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To comply with legal, ethical, and regulatory obligations
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3. Your Rights Under HIPAA
You have the right to:
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Request access to your health information
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Request a correction or amendment to your records
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Request an accounting of disclosures
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Request restrictions on how your data is used or shared
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Receive confidential communications in a method or location you choose
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Be notified in the event of a data breach affecting your personal health information
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For a copy of our full HIPAA Notice of Privacy Practices, please contact our office directly.
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4. Health Data Utilization
Our app collects and processes health-related information such as workout activity, exercise logs, heart rate, and other fitness metrics. This data is collected only with your explicit consent and is used exclusively to deliver core app features, including fitness tracking, progress insights, and cross-device synchronization.
We do not share your health data with any third parties, and we do not use this data for advertising or marketing purposes. All health information is stored securely and access is limited to authorized personnel only. We adhere to industry best practices to ensure data protection.
If you choose to delete your account, all associated personal and health-related data will be permanently deleted from our systems.
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5. Account Deletion
To request the deletion of your personal information from our database, you can submit a request through our in-app settings or contact form available on our platform. For such requests, please write "delete my account" in the subject line, and include your first and last name and e-mail address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes.
Please note that we will store communications you may send through the Service, as well as any comments you may post, and they may not be subject to modification or deletion. You may also control the information that we collect through the settings in your browser or mobile device. You may configure your browser to reject cookies from our app and may adjust the settings of your mobile device to prevent the Platform from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may not be available if you disable cookies.​​​
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6. Breach Notification Policy
In the event of a breach involving your unsecured protected health information, we will notify you via email or mail within 60 days of discovery. This notification will include details about the breach, the type of information involved, protective steps to take, and actions we are taking to investigate and mitigate the breach.
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If the breach affects over 500 individuals, we may notify major media outlets and the U.S. Department of Health and Human Services as required by law.
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7. Filing a Complaint
If you believe your privacy rights have been violated, you may file a complaint with EVO Health + Performance or with the U.S. Department of Health and Human Services:
TJ Martino, Privacy Officer
3443 US 9, Freehold, NJ 07728
Phone: 732-836-8065
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You will not be penalized for filing a complaint.
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8. Control Over Your Data
You may manage data collection by adjusting your browser or mobile settings (e.g., cookies, location services). Note that doing so may limit app functionality.​