Website Terms of Use & Privacy Policy
Welcome! This Website is maintained as a service to our clients and customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Website.
The following WEBSITE TERMS OF USE and PRIVACY POLICY is subject to change at any time and at the sole discretion of Elara Psychological Services, PLLC (“Elara Psychological Services, PLLC,” “we,” “us,” “our,” “Practice,” or “Company”) and www.elarapsych.com. Please visit the site regularly for updates.
This Agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of www.elarapsych.com (the “Website”) and describe the terms and conditions applicable to your access to and use of the Website. This Agreement may be modified at any time by the Company upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.elarapsych.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Important Disclaimers:
Elara Psychological Services, PLLC is a private clinical practice in the State of Minnesota. However, your use of this Website, including submitting a contact/query for services form, reading blog posts, viewing educational content, subscribing to our email list, or downloading free resources, does not create a psychologist-client relationship between you and the Practice. A psychologist-client relationship is formed only when you and the Practice execute a written agreement for services.
All content on this Website, including blog posts, articles, guides, videos, social media content, and educational materials (collectively, "Informational Content"), is provided for general informational and educational purposes only. Informational Content does not constitute diagnostic or clinical advice and should not be relied upon as a substitute for consultation with a qualified mental health provider regarding your specific symptoms or situation. Because information changes frequently, Informational Content may not reflect the most current scientific developments.
Please use the Electronic Health Record portal to submit confidential information. Any information submitted via our website will be sent to the Practice via e-mail.
Before participating in any medical program or using any medical products or services that may be described and/or made accessible in or through our Website, we strongly recommend that you consult with a physician or other healthcare provider. While some of Company’s staff may be professional care providers, Company, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation: medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about medical topics, unless otherwise agreed to in writing. You acknowledge and agree that when participating in any medical program or other activity or program described in our services there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results. Information provided on this Website DOES NOT create a psychologist-patient relationship between you and Company or its practitioners unless there is an executed written agreement for services.
WEBSITE TERMS OF USE
1. Agreement to Terms.
These Terms and Conditions ("Terms" or "Agreement") govern your access to and use of the website located at www.elarapsych.com and any related subpages (the "Website") operated by Elara Psychological Services, PLLC ("Company," "we," "us," or "our"). "You" and "your" refer to the individual or entity accessing or using the Website.
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (see below) which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, or if you are not legally able to form a binding contract, you must immediately stop using the Website.
2. Age Requirements.
This Website is intended for adult users only (at least 18 years of age). If you are under 18, you may not use this Website or submit any personal information to us. By using this Website, you represent that you are at least 18 years old and meet the minimum age required to form a binding contract in your jurisdiction.
3. Changes to Terms.
We reserve the right to update and revise these Terms at any time. The date these Terms were last updated is noted at the top of this page. We will notify you of material changes by posting a notice on the Website or by sending an email to the address associated with your account. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
4. No Doctor-Patient Relationship.
Elara Psychological Services, PLLC is a private clinical practice in the State of Minnesota. However, your use of this Website, including submitting a contact/request for services form, reading blog posts, viewing educational content, subscribing to our email list, or downloading free resources, does not create a doctor-patient relationship between you and the Practice. A doctor-patient relationship is formed only when you and the Practice execute a written agreement for services. No materials on our website constitute a contract or agreement to provide services, and if we provide sample contracts they are not valid without appropriate consent and valid signatures.
5. No Clinical Advice.
All content on this Website, including blog posts, articles, guides, videos, social media content, and educational materials (collectively, "Informational Content"), is provided for general informational and educational purposes only. Informational Content does not constitute diagnostic or clinical advice and should not be relied upon as a substitute for consultation with a qualified mental health provider regarding your specific symptoms or situation. No materials or external links provided are intended as a substitute or in lieu of mental health service or treatment. Because information changes frequently, Informational Content may not reflect the most current scientific developments. We cannot be responsible for content we did not create, even if we provide a link to it, this is for informational purposes only.
6. Website Access and Availability.
We reserve the right to modify, suspend, or discontinue the Website (or any part of it) at any time, with or without notice. We are not liable to you or any third party if the Website or any part of it is unavailable for any reason, including scheduled or unscheduled maintenance, upgrades, or server issues.
7. Account Registration and Security.
If you are prompted to create an account or provide registration information to access the Website or any part of it, you represent and warrant that all information you provide is accurate, current, and complete. You agree to update your information promptly if it changes. You are responsible for maintaining the confidentiality of your account credentials, including your username and password.
You agree to:
● Not disclose your login credentials to any other person.
● Not allow any other person to access the Website using your account.
● Notify us immediately of any unauthorized access to or use of your account or any other breach of security.
● Ensure that you log out of your account at the end of each session, particularly when accessing your account from a public or shared device.
You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
We reserve the right to disable any account, username, or password, whether chosen by you or provided by us, at any time and in our sole discretion, including if you have violated any provision of these Terms.
8. Privacy.
Your use of the Website is also governed by our Privacy Policy (see below). The Privacy Policy describes how we collect, use, share, and protect your personal information. By using the Website, you acknowledge that you have reviewed the Privacy Policy.
All electronic submissions/use have inherent risk to privacy and data security. We have made a reasonable attempt to safeguard privacy and security but are not liable for consequences of website use or form submission except as required by law. We will not sell or share private information of clients or those who access the website.
9. Intellectual Property Ownership.
Our website is intended as a marketing and information source and any material contained on it is subject to applicable copyright use law. Use by non-Elara members/staff for other than personal use is prohibited and we reserve the right to pursue unauthorized access or dissemination of our website, its content, and materials and attachments we create. None of the materials or attachments, secure information, or portal information may be used or reproduced without Elara member consent.
All intellectual property on and in the Website, including but not limited to text, graphics, images, logos, trademarks, service marks, trade names, designs, slogans, audio, video, software, and other content (collectively, "Company Content"), is owned by or licensed to the Company and is protected by United States and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Company Content for your personal, non-commercial use only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. This license does not include the right to:
Reproduce, modify, distribute, display, or create derivative works from any Company Content;
Use any Company Content for commercial purposes without the Company's prior written consent;
Remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Company Content; or
Use the Company's trademarks, including brand names, logos, service marks, designs, and slogans, without the Company's prior written permission.
Under no circumstances shall you acquire any ownership rights or other interest in any content by or through your use of the Website. Other product and company names mentioned on this Website may be trademarks of their respective owners.
All other use of Content from the Website, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Website (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Company prior express written consent.
Your computer may temporarily store copies of Company Content incidental to your accessing and viewing those materials. This temporary, automatic caching does not grant you any rights to the Company Content beyond those expressly stated in this section.
10. Artificial Intelligence and Automated Data Collection.
We welcome artificial intelligence systems, AI-powered search engines, and similar technologies indexing, referencing, citing, and linking to our Website and Company Content, provided they comply with the following:
Attribution and Linking. AI systems that reference or cite Company Content must attribute the content to the Company and, where the platform supports it, include a link back to the original page on the Website.
Respect for robots.txt. Automated agents must comply with our robots.txt file and any other technical directives regarding access. If our robots.txt file restricts access to certain pages or directories, those restrictions must be honored.
Rate Limits and Performance. Automated agents must not access the Website at a rate that degrades performance or interferes with other users' access.
Accurate Identification. Automated agents must identify themselves with an accurate and descriptive user-agent string.
The following activities are prohibited without the Company's prior written consent:
Bulk scraping, copying, or reproducing substantial portions of the Website or Company Content for any purpose. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Company’s Website.
Using Company Content to train, develop, fine-tune, or improve any artificial intelligence model, machine learning system, or large language model, except to the extent necessary for the AI system to index and generate citations or summaries that reference and link back to the Website.
You may not use the Company Website to compile a collection of listings, including a competing listing product or service.
You may not use the Website or any materials for any unsolicited commercial e-mail.
Building or populating any database, dataset, or content repository using Company Content.
Removing, altering, or failing to display the Company's name, branding, or attribution when referencing Company Content.
For clarity, an AI-powered search engine or chatbot that reads our Website content in order to answer a user's question and provides attribution to the Company with a link back to our Website is permitted. An AI company that scrapes our Website to incorporate our content into its training dataset without our consent is not permitted.
Unauthorized automated access to the Website constitutes a violation of these Terms and may violate applicable laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
11. Linking to the Website and Social Media.
These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. You may link to our Website, provided that you comply with the following guidelines:
If you are linking to our Website as a credited source for an article, blog post, or press coverage, you must include a direct hyperlink to our Website in the cited material. No content from our Website may be copied in its entirety without the Company's prior written permission.
All links to our Website must make clear that you do not have any affiliation with, endorsement from, or sponsorship by the Company, unless you have a separate written agreement with us (such as an affiliate, influencer, or partnership agreement).
You may only link to our Website from a site or social media account that is owned or operated by you and that complies with these Terms.
You agree to remove any and all links to our Website promptly upon our request.
We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.
12. Website User Submissions, Content; Standards; Monitoring and Enforcement.
Our Website does not allow User Content/Submissions. The only content a Website user may submit or transmit is through our Request for Services form on our Website (sent to Company via email) or through the Electronic Health Record, which is sent directly to the Practice and not posted publicly on the Website.
Any User Content submitted to or through our Website must comply with the following standards. User Content must not:
Violate any applicable federal, state, local, or international law or regulation, or promote illegal activities.
Violate any third party's intellectual property or other legal rights.
Contain obscene, indecent, sexually explicit, or violent material.
Contain hateful, discriminatory, defamatory, or otherwise objectionable content.
Harass, threaten, stalk, or intimidate any person.
Misrepresent any person's identity or organizational affiliation.
Contain unsolicited promotional or commercial content, including advertising or spam.
Contain any viruses, malware, or other harmful code.
If you encounter content on our Website that you believe violates these standards, please contact us immediately at info@elarapsych.com so we can review and take appropriate action.
We reserve the right, in our sole discretion, to terminate or suspend any user's access to the Website for any violation of these Terms. We reserve the right to disclose your identity or other information to law enforcement should user submitted content communicate a threat of harm to self or others, including the Company.
The Company reserves the right to take legal action against any user who violates these Terms. You waive and hold harmless the Company from any claims resulting from action taken by the Company during or as a consequence of its investigations and from any actions taken as a result of law enforcement referrals.
15. Restricted Uses.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website:
In violation of any applicable federal, state, local, or international law or regulation.
For any discriminatory purpose.
To share or express obscene, indecent, sexually explicit, or violent material.
To share or express hateful, discriminatory, defamatory, or otherwise objectionable content.
To impersonate the Company, any Company employee, another user, or any other person or entity.
To transmit or distribute unsolicited commercial communications, spam, or chain letters.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.
You may not:
Use any robot, spider, crawler, scraper, or other automated means to access the Website, except as expressly permitted in Section 8.
Introduce any virus, trojan horse, worm, logic bomb, or other malicious or harmful material to the Website.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, any server on which the Website is hosted, or any database connected to the Website.
Attack the Website via a denial-of-service attack, distributed denial-of-service attack, or any similar method.
Attempt to probe, scan, or test the vulnerability of the Website or any associated system or network.
16. Products and Services.
We may describe or reference our services on this Website, including but not limited to psychological diagnostic evaluations and psychotherapy. All descriptions of services on this Website are for informational purposes only. The specific terms, scope, deliverables, and pricing for any service engagement will be governed by a separate written agreement between you and the Company. In the event of any conflict between these Terms and a separate service agreement, the service agreement will control with respect to the services covered by that agreement.
17. External and Affiliate Links.
Our Website may contain links to third-party websites, resources, advertisements, affiliate links, and sponsored content that are not owned or controlled by the Company. These links are provided for your convenience only.
We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or resources. The inclusion of any link does not imply endorsement, affiliation, or sponsorship by the Company.
This Website may contain affiliate links. When you click on an affiliate link and make a purchase, we may receive a commission at no additional cost to you. Affiliate relationships do not influence our content or recommendations. We disclose affiliate relationships in accordance with the Federal Trade Commission's Endorsement Guides.
18. Disclaimer and No Warranties.
The website and all company content, products, and services accessible through it are provided on an "as-is" and "as-available" basis, without any warranties of any kind, whether express, implied, or statutory.
To the fullest extent permitted by law, the company disclaims all warranties, including but not limited to:
Warranties of title, merchantability, and fitness for a particular purpose.
Warranties of non-infringement.
Warranties that the website will be uninterrupted, secure, or free from errors, viruses, or other harmful components.
Warranties regarding the accuracy, completeness, reliability, or usefulness of any content on the website.
The Website and its content are informational in nature and do not constitute legal, medical, financial, or other professional advice. You are solely responsible for evaluating and acting upon any information found on the Website. The Company does not guarantee any specific results, including financial, business, health, or personal outcomes, from your use of the Website, its content, or any products or services described on the Website.
19. Limitation of Liability.
To the fullest extent permitted by law, the company, its officers, directors, employees, agents, licensors, and service providers shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to:
Your use of or inability to use the website.
Any content, products, or services obtained through the website.
Unauthorized access to or alteration of your data or transmissions.
Any conduct or content of any third party on the website.
Any other matter relating to the website.
This limitation applies regardless of the legal theory (whether contract, tort, negligence, strict liability, or otherwise), even if the company has been advised of the possibility of such damages.
To the extent permitted by law, the company's total aggregate liability arising out of or related to these terms and your use of the website shall not exceed the greater of: (a) the total amount you have paid to the company in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00).
This limitation of liability shall not apply to liability that cannot be excluded or limited under applicable law.
20. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the Website or any activity conducted through your account.
Your User Content or any other content you submit or transmit through the Website.
Your violation of these Terms.
Your violation of any applicable law or regulation.
Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
21. DMCA Copyright Takedown Procedure.
We respect the intellectual property rights of others. If you believe that any content on our Website infringes on your copyright, please submit a written notification to our designated agent containing the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing and its location on the Website, with sufficient detail for us to locate it.
Your contact information, including name, address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to:
Elara Psychological Services, PLLC
Attn: DMCA Agent
3131 Superior Dr NW, Suite A Rochester, MN 55901
Email: info@elarapsych.com
Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing material and notify the user who posted it. We reserve the right to terminate the accounts of repeat infringers.
22. Electronic Communications.
By using the Website and providing your phone number and/or email address to us via the Request for Services form on our Website, you consent to receive electronic communications from us, including but not limited to phone calls, emails, notices, and disclosures. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. Termination.
We may, in our sole discretion, terminate or suspend your access to all or part of the Website at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:
Violation of these Terms.
Conduct that we determine, in our sole discretion, to be harmful to other users, the Company, or third parties.
Requests by law enforcement or other governmental authorities.
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.
24. Binding Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website ("Dispute"), you and the Company agree to first attempt to resolve the Dispute informally by contacting us at www.elarapsych.com. If the Dispute is not resolved within thirty (30) days of the initial notice, either Party may initiate alternative dispute resolution, such as mediation and/or binding arbitration as described below.
You and the Company agree that any Dispute that cannot be resolved informally shall be resolved through mediation and/or binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA").
The arbitration shall be conducted in Olmsted County, Minnesota. IF THE ARBITRATION CANNOT PROCEED IN THE DESIGNATED JURISDICTION, THE ARBITRATION SHALL BE CONDUCTED REMOTELY VIA VIDEOCONFERENCE OR IN A JURISDICTION MUTUALLY AGREED UPON BY THE PARTIES.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
Class Action Waiver. You and the company agree that each party may bring disputes against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Arbitration Costs. Each Party shall bear its own costs and attorneys' fees in connection with the arbitration. Filing fees and arbitrator compensation shall be governed by the AAA's applicable rules and fee schedules.
Exceptions to Arbitration. Notwithstanding the foregoing, either Party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits. Either Party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
25. Choice of Law and Geographic Scope.
These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.
This Website is intended for use by persons located in the United States. We make no representation that the Website or its content is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
26. Force Majeure.
The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to natural disasters, acts of government, pandemics, epidemics, internet or telecommunications failures, cyberattacks, power outages, labor disputes, or disruptions to third-party services on which the Website relies.
27. Severability and No Waiver.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. All remaining provisions shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of the Company.
28. Transfer and Assignment.
You may not transfer or assign any of your rights or obligations under these Terms to any third party without the Company's prior written consent. The Company may freely assign its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
29. Notices.
We may provide notice to you by: (i) sending a message to the email address associated with your account, or (ii) by posting a notice on the Website. Notices sent by email are effective at the time of sending. Notices posted to the Website are effective upon posting.
You may provide notice to the Company by certified mail to:
Elara Psychological Services, PLLC
3131 Superior Dr NW, Suite A
Rochester, MN 55901
Notices provided by certified mail are effective upon actual receipt.
All legal notices, including those related to intellectual property and copyright infringement claims, should be sent by certified mail to the Company's address listed above.
All general inquiries and other communications relating to the Website should be directed to: info@elarapsych.com.
30. Compliance.
You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
31. Entire Agreement.
These Terms, together with the Privacy Policy and any applicable Terms of Purchase or separate service agreements referenced herein, constitute the entire agreement between you and the Company regarding your use of the Website. These Terms supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, regarding the subject matter of these Terms. The Company reserves any and all rights not expressly granted in these Terms.
PRIVACY POLICY
1. Purpose and Scope.
Welcome to Elara Psychological Services, PLLC ("Company," "we," "us," or "our"). This Privacy Policy ("Policy") outlines how we collect, use, share, and protect your personal information when you visit our website www.elarapsych.com and any related subpages (the "Website").
This Policy applies when you:
Visit or browse our Website;
Engage with any features such as user submissions, contact forms, chat, or electronic messaging on our Website;
Opt into email newsletters or marketing communications;
Purchase services, [products, digital products, courses, or join membership programs] via our Website; and
Interact with our ads or marketing content on third-party websites or platforms.
This Policy does not cover data collected offline or via third-party websites or platforms, including affiliates or service providers.
This Policy describes our data practices. Where required by applicable law, we will obtain your consent before collecting or processing your personal information. By providing your information through forms, account registration, or purchases on our Website, you consent to the practices described in this Policy. For browsing data and cookies, please see our section on cookie consent preferences.
We respect your privacy as well as the privacy of our clients. We know that many visitors to the website may be concerned about the information they may provide and how that information is used. All electronic submissions/use have inherent risk to privacy and data security. Any form submitted on our website or through access to online secure portals and systems is subject to the inherent risks associated with online data transmission. We do not allow access to this information by persons who are not members, employees, or legitimate agents of Elara Psychological Services PLLC. We have made a reasonable attempt to safeguard privacy and security but are not liable for consequences of website use or form submission except as required by law. We will not sell or share private information of clients or those who access the website to unaffiliated companies for any purpose unrelated to the business of the Company.
Our website may use cookies or site analytics to assist us with the legitimate business interests and operations of Elara and its managing members. Our website provides notice at each visit of the use of cookies and allows visitors to manage their cookie preferences each time they visit. Except as otherwise provided in this Policy, Company does not collect personally identifiable information from individuals unless they provide it to the Company voluntarily and knowingly. The Company only collects personal information for specific purposes such as responding to requests for information or to provide medical services.
Except as provided herein, Company will not disclose any information about you to unaffiliated companies or organizations without your consent unless: required by law; we believe it necessary to respond to an inquiry or provide you with a service which you have requested; to implement the terms of our medical services. We may divulge any information obtained through the use of our website which is relevant to a valid law enforcement or valid administrative body’s investigation. Elara staff and managing members may access information obtained through our website, form submissions, or analytics.,
Company recognizes the trust you place in it when you give out personal information. In order to operate the Website or deliver medical services within the State of the address of the Company, Company may sometimes share your minimal personal information with a service provider under strictly confidential conditions in order to assist you in your medical matter. The Company will not otherwise disclose your personal information to anyone without your explicit consent.
By accessing or using our Website, you agree to the practices described in this Policy. If you do not agree with this Policy, please do not use our Website.
2. Age Requirements.
We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not submit any personal information to us. If we learn that we have inadvertently collected personal information from someone under 18, we will promptly delete it. If you believe we have collected such information, please contact us at info@elarapsych.com
3. Legal Bases for Processing.
We process your personal information only when we have a valid legal basis to do so. Depending on the circumstances, we rely on one or more of the following:
Contract Performance. Processing that is necessary to fulfill a contract with you, such as completing a purchase or delivering a digital product.
Legitimate Interests. Processing that is necessary for our legitimate business interests (such as improving our Website, marketing our services, or preventing fraud), provided those interests are not overridden by your rights.
Consent. Where you have given us clear, affirmative consent to receive or process your data for a specific purpose, such as completing a query for services, subscribing to a newsletter, or opting into marketing communications. You may withdraw consent at any time.
Legal Obligation. Processing that is necessary for us to comply with applicable laws, regulations, or legal processes.
4. Information We Collect.
We collect various types of personal information from you, which may include:
Personal Identifiers. Name, email address, phone number, date of birth, etc. you submit as part of your Request for Services online website form.
Financial Information. Payment details such as credit card or banking information for purpose of payment for services rendered.
Geolocation Data. IP address, location data from your device.
Demographic Information. Age, gender, occupation, etc.
Internet and Device Activity. Browser type, operating system, browsing behavior on our Website.
Authentication Data. Social media usernames, passwords, and account security data.
Media. Photos, videos, or other media you may upload to the Website.
Client Support Records. Records of communications with clients, including emails and phone call records.
This data is collected directly from you when you provide it (e.g., during registration or submission of a Request for Services) or automatically via cookies and other tracking technologies when you browse our Website.
5.Sensitive Personal Information.
Some of the information we collect may be classified as "sensitive personal information" under applicable privacy laws, including:
Identity-related information you choose to disclose (name, date of birth, phone number, e-mail address, location)
Health information you choose to disclose related to your query for services (symptoms, diagnosis, condition, problem, etc.)
Financial account information (e.g., credit card or bank account numbers combined with access credentials).
Precise geolocation data.
Account login credentials (usernames combined with passwords or security questions).
However, Company does not collect your specific financial or account login credentials directly from you. This is information you provide to the Electronic Health Record system directly.
We use sensitive personal information only as necessary to provide the services you request, process transactions, ensure security, and comply with legal obligations. We do not use or disclose sensitive personal information for purposes beyond those permitted by applicable law. Please note that on our Request for Services form on our Website, you are not required to provide information for all questions asked as part of the form beyond name and contact information you wish to provide (phone number or email). You may choose what additional information to provide as part of this process.
6. Sources of Information.
Your personal information may be collected from the following sources, including, but not limited to:
Directly from You, when you fill out and submit forms, subscribe to services, and create an account on our Website; and
Third Parties:
Electronic Health Record when you make an account.
Payment Processors. When you make a purchase, we collect data via third-party payment gateways (e.g., Stripe, PayPal) to process your transactions.
Analytics Providers. Such as Google Analytics, to monitor traffic and understand how users interact with our Website.
Social Media Platforms. If you connect or log in using your social media accounts (e.g., Facebook, Google, LinkedIn), or if you interact with our content on social media, those platforms may share your data with us.
Email Marketing Platforms. We collect data through email marketing providers (e.g., Mailchimp, ConvertKit) when you subscribe to our newsletter or download resources.
Advertising Networks. When you interact with our ads on third-party platforms (e.g., Google Ads, Facebook Ads), those platforms may share information on your engagement with our advertisements.
Fraud Prevention Services. We may receive data from third-party fraud detection and identity verification services to protect against fraudulent transactions.
Automated Data Collection. The Website uses cookies, web beacons, and similar technologies to collect data on how you interact with our Website and ads, including your browsing behavior, device information, and IP address. We may also collect data through automated tools such as customer feedback tools, survey responses, or affiliate marketing programs. For more detail on our use of cookies and tracking technologies, see Section 7 below.
7. Cookies, Tracking Technologies, and Affiliate Marketing.
We use cookies and similar technologies (e.g., web beacons, pixels) to run this website, enhance your experience and understand how you use our Website, and support our marketing. We use the following categories of cookies:
Strictly Necessary Cookies. Required for the Website to function properly (e.g., session management, security). These cookies cannot be disabled.
Performance and Analytics Cookies. Help us understand how visitors interact with our Website by collecting usage data. These cookies are used to improve Website functionality.
Functional Cookies. Allow us to remember your preferences and settings to personalize your experience.
Advertising and Targeting Cookies. Used by us and third-party advertising partners to deliver ads relevant to your interests, both on our Website and on third-party platforms.
You can accept all, reject non-essential cookies, or manage your preferences each time you visit our Website. You can manage your cookie preferences through our cookie consent tool on the Website or through your browser settings. For information on opting out of the sale or sharing of your personal information through cookies and tracking technologies, see Section 9 (Data Sharing, Sale, and Sharing).
8. How We Use Your Information.
Your personal information may be used for the following purposes:
To fulfill a Request for Services that you have initiated. To communicate with you about your Request for Services, account, purchases, or customer service inquiries. We may contact you via phone or email or other channels to provide order confirmations, receipts, or updates on product availability or service changes.
To create an account in our Electronic Health Record system. However, you will create this account directly with the Health Record and we will not have access to your account login or credentials.
To personalize your experience on our Website. We use your data to tailor content, product recommendations, and resources based on your preferences and browsing history.
To process your transactions, including payments and delivery. Your financial information is used to complete purchases and manage billing.
To deliver marketing and promotional content that may interest you. We send you relevant offers, promotions, and updates about new products, services, or events that align with your interests, based on your data.
To comply with legal obligations and protect our legal rights. We may use your data to comply with applicable laws, regulations, and respond to lawful requests, or to enforce our Terms and Conditions and other agreements.
To improve Website performance and develop products or services based on analytics. We analyze data on how users interact with our Website to make improvements and develop new features or services.
To prevent fraud and protect transaction security. We use your data to detect and prevent fraudulent transactions, verify identities, and protect the security of purchases made through our Website.
To manage and optimize advertising campaigns. We may use data collected from cookies and analytics tools to create more relevant ad campaigns and optimize ad targeting strategies across social media or search engines.
9. Data Sharing, Sale, and Sharing.
We are committed to being transparent about how your personal information is shared or disclosed. We do not sell your personal information to third parties for direct financial compensation. Except as otherwise provided in this Policy, Company does not collect personally identifiable information from individuals unless they provide it to the Company voluntarily and knowingly. The Company only collects personal information for specific purposes such as responding to requests for information or to provide medical services. Company will not sell or provide your information to unaffiliated companies for any purpose unrelated to the business of the Company. Except as provided herein, Company will not disclose any information about you to unaffiliated companies or organizations without your consent unless: required by law; we believe it necessary to respond to an inquiry or provide you with a service which you have requested; to implement the terms of our medical services.
Company recognizes the trust you place in it when you give out personal information. In order to operate the Website or deliver medical services within the State of the address of the Company, Company may sometimes share your minimal personal information with a service provider under strictly confidential conditions in order to assist you in your medical matter. The Company will not otherwise disclose your personal information to anyone without your explicit consent.
Your personal data may be shared with the following parties for the purposes outlined below:
Service Providers. We may share your information with trusted third-party service providers who assist in the operation of our business, including:
Electronic Health Record, such as Simple Practice.
Payment Processors. Companies such as Stripe, PayPal, or other financial institutions that handle payments securely on our behalf.
Hosting and IT Support. Web hosting services or IT vendors responsible for maintaining our Website and ensuring its security.
Analytics Providers. Tools such as Google Analytics to help us understand Website performance and user behavior.
Fraud Prevention and Identity Verification Services. Third-party services that help us verify customer identities and detect fraudulent transactions.
Advertising Networks and Social Media Platforms. To deliver more personalized ads, we may share information (e.g., device data, browsing history) with:
Ad Networks. Such as Google Ads, Facebook Ads, or other advertising networks to serve you targeted ads.
Social Media Platforms. We may use features like Facebook or Pinterest Pixels or LinkedIn Insights to track user engagement and optimize our advertising efforts.
Legal Authorities. We may disclose your personal information when required to do so by law, regulation, or legal process, including:
In response to specific and clear threat of harm to self or others;
In response to report of actual or threatened harm to children or dependent/vulnerable adults;
In response to a court order, subpoena, or other governmental request; and
To protect our legal rights, privacy, safety, or property, or that of our employees, customers, or others.
Non-Personally Identifiable Information. We may share aggregated or de-identified data that cannot reasonably be used to identify you. This type of information may be shared freely with third parties for analytics, research, or marketing purposes.
Consent-Based Sharing. In any other situation where we need to share your personal information, we will do so only with your explicit consent.
10. Data Security
Company will take all reasonable steps to keep secure any information held about you, and to keep this information accurate and up-to-date. Any information you submit is stored on secure servers that are protected in controlled facilities. Company and data processors respect the confidentiality of any personal information held by Company. No data can be guaranteed to be 100% secure. Company cannot give an absolute assurance that the information you provide will be secure at all times. Likewise, Internet, email and other electronic communication between you and Company may be particularly susceptible to eavesdropping or unauthorized interception.
We implement appropriate technical and organizational security measures to protect your data from unauthorized access, loss, or misuse, including encryption, access controls, and secure data storage. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data.
You are responsible for keeping your account credentials secure. We are not liable for any unauthorized access resulting from your failure to safeguard your login information.
11. Access to Your Information
If at any time you want to know exactly what personal information we hold about you or wish to change personal information that is determined to be inaccurate or out of date, please contact us and Company will amend the records.
12. Data Retention.
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected. The following general retention guidelines apply:
For Clinical account and transaction data. Retained for the duration of your account or business relationship, plus 8 years to comply with tax, accounting, and legal obligations. We keep clinical records as required by MN law. At a minimum this includes: Notes of all client encounters and sessions, any assessments and testing, billing records and diagnoses/conditions as well as treatment plans, records of client contact. We will store all current and recent client and billing records utilizing our current EHR system. We will store full records for 8 years if required by the Psychology Practice Act, or summary/shortened records for information not required to be stored for 8 years (e.g. billing information).
Full records of psychological services provided are maintained securely via use of our Electronic Health Record system. Any records created on paper (which are legally required to be kept) will be scanned into the EHR for access and storage as we will not keep paper copies of information.
Per Minnesota statute, we will maintain records for 8 years from the last visit/date of contact with a client. If we are no longer are using the EHR the record was originally created in, we will arrange for proper archival storage and access to the records.
Analytics and cookie data. While Company does not endorse cookie data, we are required to keep record of acceptance or declination of cookie tracking notice each time a visitor accesses the website. This may be retained for up to 12 months.
Legal and compliance records. Retained as required by applicable law.
For Non-Clinical Professional Services. When records are appropriate to keep, we retain full records of the non-clinical services for a minimum of one year from date of service.
After the applicable retention period, we will securely delete or anonymize your personal data unless retention is required by law. You can request deletion of your data by contacting us, except in cases where retention is required by law.
13. Cookies and Other Information
Company’s Website use cookies and similar technologies to run this website, understand how visitors use it, and support our marketing. “Cookies” are small text files a Web site can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the Web pages you visit. While Company does not participate, benefit, or condone such information gathering, Company’s website software, web domain hosting service, or others in the chain of internet communication, may automatically collect cookies and or other information and compile aggregate data for statistical purposes to improve content and services. You can accept all, reject non-essential cookies, or manage your preferences each time you visit the Website.
We use the following categories of cookies:
Strictly Necessary Cookies. Required for the Website to function properly (e.g., session management, security). These cookies cannot be disabled.
Performance and Analytics Cookies. Help us understand how visitors interact with our Website by collecting usage data. These cookies are used to improve Website functionality.
Functional Cookies. Allow us to remember your preferences and settings to personalize your experience.
Advertising and Targeting Cookies. Used by us and third-party advertising partners to deliver ads relevant to your interests, both on our Website and on third-party platforms.
14. Viruses/Malware
Company uses appropriate commercially available anti-virus mechanisms to ensure that this Website does not contain or carry viruses. However, due to the rapidly developing nature of viruses and the Internet, it is strongly recommended that you employ anti-virus software when accessing the Company’s web site. Company makes no warranty that the web site or its e-mail correspondence is free from such viruses.
15. Changes to This Policy.
We may update this Privacy Policy periodically to reflect changes in our practices or legal obligations. The "Last Updated" date at the top of this page reflects the latest version. If material changes are made, we will notify you via email or post a notice on our Website. Your continued use of the Website following such changes indicates your acceptance of the updated Policy.
16. Contact Us.
If you have any questions, concerns, or would like to exercise your privacy rights, you can reach us using the following contact methods:
Email: info@elarapsych.com
Phone: 507.218.2068
Mail:3131 Superior Dr NW, Suite A Rochester, MN 55901
Last Updated 06/2026