Privacy Policy & Notice of Privacy Practices

At Sway Health, your privacy is not just a legal requirement—it’s a core part of our commitment to delivering respectful, trustworthy care. This combined policy explains how we collect, use, share, and protect your personal and health information across our digital platforms, waitlist, mobile communications, companion app (Baseline by Sway), and telehealth psychiatric services.

1. Information We Collect

We collect information to deliver our services effectively and securely. This includes:

a. Personal Information

Email address, when you join our waitlist or communicate with us
Mobile phone number, if you opt in to receive text messages
Any other personal data you voluntarily share

b. Health and Clinical Data

Mood logs and personal notes entered into the Baseline app
Clinical reports, medication dosages, and updates from your provider
Information shared during appointments or stored in your patient record

All clinical data is treated as Protected Health Information (PHI) and handled in accordance with HIPAA and applicable state laws.

2. How Your Information Is Used

a. To Communicate With You

We use your contact information to share relevant updates, scheduling reminders, app notifications, and news about our services. We do not send unrelated marketing messages.

b. SMS Communications

If you provide your phone number and opt in:

You may receive messages regarding your care or account.
Message and data rates may apply depending on your carrier.
Message frequency may vary based on service usage or clinical needs.
You may opt out at any time by replying “STOP.” For assistance, reply “HELP.”
No mobile opt-in or text message consent will be shared with third parties or affiliates for marketing purposes.

c. Baseline App

You can log moods, track your progress, and share entries with your clinician.

Data stored in the app is encrypted and accessible only to authorized users.
You control whether your entries are shared with your care team.
The app may display clinical information, including medication instructions and notes.

d. For Clinical Care

We use your PHI to deliver psychiatric services, including:

Diagnosing and treating your condition
Prescribing and monitoring medications
Coordinating with other providers (e.g., therapists, primary care physicians)
Consulting with pharmacies

e. For Payment

We may use and disclose information as needed to:

Verify insurance coverage
Process claims and billing
Conduct necessary payment-related communications

f. For Healthcare Operations

We may use information to:

Assess and improve care quality
Train clinical staff and evaluate team performance
Support administrative and compliance functions
We always limit use to the minimum necessary for each purpose.

3. How Your Information May Be Shared

We do not sell, trade, or share your personal or health information with third parties, except:

With your explicit consent
When required by law (e.g., subpoenas, court orders)
To prevent a serious threat to health or safety
To comply with public health and oversight activities
In cases of suspected abuse or neglect

In every case, we follow the strictest confidentiality and legal standards.

4. Telehealth Privacy Safeguards

As a virtual care provider, we apply enhanced security protocols to protect your data:

All video sessions are conducted through HIPAA-compliant platforms
Clinicians conduct sessions in private, secure environments
Session data and communications are encrypted and securely stored
Staff are trained on digital privacy best practices

5. Your Rights

You have the right to:

Access your medical or personal data
Request corrections to inaccurate or incomplete records
Request confidential communication (e.g., by email only or at a specific address)
Restrict disclosures, though we may not always be able to accommodate
Receive an accounting of certain types of disclosures
Withdraw consent for communications at any time
Obtain a copy of this notice, physically or electronically

To exercise your rights, contact us at support@swayhealth.co.

6. Managing Your Data and Preferences

You’re in control of how we communicate and store your information.

Email Opt-Out: Click “unsubscribe” in any email we send
Text Messages: Reply “STOP” to unsubscribe or “HELP” for support
App Data: Manage, modify, or delete entries through the Baseline app settings or email us
Account or Data Removal Requests: Contact us at support@swayhealth.co

We aim to process all requests promptly.

7. Data Retention

We retain your personal, clinical, and app-related data only as long as necessary to:

Deliver care and services
Meet legal and regulatory requirements
Support internal operations

Once data is no longer needed, it is securely deleted or anonymized.

8. Policy Updates

We may revise this policy as regulations or services change.

Updated versions will be posted at swayhealth.co/privacy-policy
The revised effective date will appear at the top
Major updates may be communicated directly via email or app notification

9. Questions or Complaints

Have a concern or feel your rights have been violated?

You may also file a complaint with the U.S. Department of Health and Human Services.
We do not retaliate against anyone for exercising their rights or filing a complaint.

10. Acknowledgment of Receipt

By using our services—including our website, app, waitlist, and telehealth platform—you acknowledge that you have received, read, and understood this Privacy Policy and Notice of Privacy Practices.

11. Breach Notification

In the event of a breach of your unsecured protected health information, we will notify you as required by the HIPAA Breach Notification Rule (45 CFR §§ 164.400-414). Notification will be provided without unreasonable delay and no later than 60 days after discovery of the breach. Notification will include a description of the breach, the types of information involved, steps you should take to protect yourself, what we are doing to investigate and mitigate the breach, and contact information for further questions.

12. Right to Restrict Disclosures for self-pay services

If you pay for a service or health care item out-of-pocket in full, you have the right to request that we not disclose information about that service or item to your health plan for purposes of payment or healthcare operations. We will honor such requests unless disclosure is required by law.

13. Psychotherapy Notes

Psychotherapy notes, as defined under HIPAA (45 CFR § 164.501), receive special protections. We will not use or disclose psychotherapy notes without your specific written authorization, except in limited circumstances permitted by law (e.g., for the originating provider’s own treatment purposes, for training, to defend ourselves in legal proceedings, for HHS investigations, or to avert a serious threat to health or safety). Authorization for release of psychotherapy notes must be separate from any other authorization.