Privacy Policy & Notice of Privacy Practices

Last Updated: September 1, 2026 | HIPAA Effective Date: September 16, 2024

This document contains both our Online Website Privacy Policy (governing digital interaction at https://berkeleysurgery.com) and our HIPAA Notice of Privacy Practices (governing Protected Health Information).

I. Legal Disclaimer & Website Terms

All information provided on the Berkeley Surgery website is provided for informational purposes only and does not constitute a legal contract between the Center and any person or entity unless otherwise specified. Information on this website is subject to change without prior notice. Although every reasonable effort is made to present current and accurate information, the Center makes no guarantees of any kind.

Since medical developments occur daily, this site may contain outdated material. Berkeley Surgery is not liable for any damage or loss related to the accuracy, completeness, or timeliness of any information contained on this site. Health-related topics found on any page should not be used for diagnostic purposes or substituted for professional medical advice. Always consult your healthcare provider before beginning any new treatment.

II. Website Privacy Notice (Digital Data & Cookies)

1. Information Collection and Technical Scope

We are the sole owners of the information collected on this website. We only collect information that You voluntarily submit (such as through contact or appointment request forms). We will not sell, rent, or trade this information to anyone.

Our website utilizes lightweight operational utilities to ensure page formatting and search optimization:

SVG Support: Used locally to format scalable vector graphics.
Yoast SEO: Operating locally on our web server to structure search metadata without harvesting visitor tracking telemetry.
Server Telemetry: Standard hosting logs record IP addresses and basic browser parameters strictly for site security, stability, and navigation performance.

2. Cookies & Tracking Disclosures

Our website uses essential operational session cookies required for core navigation, security enforcement, and form delivery. We do not use third-party behavioral advertising pixels or cross-site tracking cookies.

3. California Privacy Notice (CCPA / CPRA / CIPA Compliance)

No Sale or Sharing: Berkeley Surgery does not “sell” or “share” personal information for targeted cross-context advertising.
Right to Access & Delete: You have the right to request details regarding personal data collected via our website or request deletion of website-submitted identifiers (subject to legal and medical record retention mandates).
Communication Interception Notice (CIPA): Web communications and form submissions are transmitted directly to our secure internal administrative systems strictly for patient service logistics.

III. HIPAA Notice of Privacy Practices (Protected Health Information)

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Your “protected health information” (PHI) means any written or oral health information about you, including demographic data that can be used to identify you, created or received by your health care provider, relating to your past, present, or future physical or mental health condition.

1. Uses and Disclosures for Treatment, Payment, and Health Care Operations

Treatment: We will use and disclose your PHI to provide, coordinate, or manage your healthcare and related services. For example, we may disclose PHI to a pharmacy to fill a prescription, a laboratory, or consulting physicians.
Payment: Your PHI will be used, as needed, to obtain payment for health care services, including pre-authorization from your health insurance provider or utilization reviews.
Healthcare Operations: We may use or disclose your PHI to facilitate facility operations, quality assessment, employee reviews, licensing, auditing, and compliance programs.
Reminders & Services: We may contact you to remind you of your surgery date or inform you of potential treatment options or health-related benefits.

2. Uses and Disclosures Permitted Without Authorization

Federal privacy rules allow us to disclose PHI without your authorization under specific legal conditions:

When Required by Law: Complying with federal, state, or local statutory rules.
Public Health Risks: Controlling disease, reporting vital events, tracking FDA-regulated products, or reporting exposure to communicable diseases.
Abuse or Neglect: Notifying government authorities if required or permitted by law regarding suspected abuse, neglect, or domestic violence.
Health Oversight & Judicial Proceedings: Responding to health agency audits, court orders, subpoenas, or administrative tribunals.
Law Enforcement & Specialized Functions: Reporting required wound details, court warrants, organ donation protocols, coroners/funeral directors, worker’s compensation compliance, or national security functions.
Serious Threat to Health or Safety: Disclosing information to prevent or lessen an imminent, serious threat to public or individual health and safety.

3. Disclosures Requiring Opportunity to Object or Written Authorization

Family & Friends: We may disclose relevant PHI to family members or close friends directly involved in your care or surgery payment unless you object.
Written Authorization: All other uses and disclosures not specified in this notice will be made only with your explicit written authorization, which you may revoke at any time in writing.

4. Your Rights Regarding Your Health Information

Right to Inspect and Copy: You have the right to inspect and obtain a copy of your designated medical and billing record set (subject to limited legal exceptions and administrative costs).
Right to Request Restrictions: You may ask us not to use or disclose specific parts of your PHI for treatment, payment, or healthcare operations. We are not required to agree to every requested restriction, but if agreed upon, we will honor it.
Right to Confidential Communications: You may request communications via alternative means or locations. Reasonable requests will be accommodated without requiring explanation.
Right to Request Amendments: You may request an amendment to your PHI in our records if you feel it is inaccurate or incomplete.
Right to an Accounting of Disclosures: You may request a record of certain non-routine disclosures of your PHI made by our facility over the past six years.
Right to a Paper Copy: You maintain the right to receive a physical paper copy of this Notice upon request at any time.

IV. Contact & Complaints

If you believe your privacy rights have been violated, or if you wish to exercise your rights or ask questions regarding this Notice, please contact our Privacy Officer or the U.S. Department of Health & Human Services. You will not be retaliated against for filing a complaint.

Facility Contact:
Berkeley Surgery Center
Attn: Privacy Officer
3100 San Pablo Ave., Suite 180
Berkeley, CA 94702
Phone: 510-756-1011

Federal Office for Civil Rights Contact:
Office for Civil Rights
U.S. Dept. of Health & Human Services
200 Independence Avenue SW, Room 509F HHH Building
Washington, DC 20202