Informed Consent / Privacy Policy / Terms & Conditions

Cloud-Counseling
Informed consent / private policy / terms & condition

Agreements for Online Treatment
Please read this consent form carefully, as it describes the Informed Consent, Privacy Practices and Terms & Conditions followed by Cloud Counseling therapists.

Informed Consent
Note: This is the Informed Consent form for clients of Cloud Counseling.

Types of Service Provided by Your Therapist

Cloud Counseling offers a variety of online and/or distance therapy formats. You will be interviewed and may be asked to fill out some questionnaires to assist us in determining how best to help you. All treatment will be conducted only with your consent.

What You Can Expect from Online Treatment

The duration of treatment is different for each person and can be difficult to estimate; We will address any concerns that you have about this. If you are not feeling satisfied with your treatment for any reason, we can discuss our approach and make adjustments. We will work with you to uncover what might be preventing progress, will modify goals with you if appropriate, and will make a referral for you to (an)other professional(s) if necessary, and/ or at your request. Sometimes people find that they have a temporary increase in their level of distress when beginning psychotherapy, because the process of working on personal issues can be difficult; please be aware of this. You as the client understand that phone, video and email sessions have limitations (as well as benefits) compared to in-person sessions. You understand that telephone/online psychotherapy is not a substitute for medication under the care of a psychiatrist or doctor.

Confidentiality of E-mail and Chat, Cell Phone Communication
1. Therapeutic email and chat exchanges, video sessions and phone sessions are delivered via secure platforms. You agree to work with us online using these or another encrypted email/chat service determined to be suitable by Cloud Counseling. If you choose to send emails from your personal email account, please limit the contents to basic issues such as cancellation or change in contact information. If we are working online together, we ask that you determine who has access to your computer and electronic information from your location. This would include family members, co-workers, supervisors and friends. We encourage you to only communicate through a computer that you know is safe, i.e. wherein confidentiality can be ensured. Be sure to fully exit all online counseling sessions and emails. If we are unable to connect or are disconnected during a session due to a technological breakdown, please try to reconnect within 10 minutes. If reconnection is not possible, email to schedule a new session time or call the provider’s secure phone number to continue the session via phone.
2. Confidentiality may be broken in situations where you pose a threat to yourself or others, such as in cases where you may become suicidal. Your emergency contact person will be notified of the situation and the relevant authorities will be contacted as well.
3. You understand that online and telephone therapy may not be appropriate if you are experiencing a crisis or having psychotic or homicidal thoughts. If a life threatening crisis should occur, you agree to contact a crisis hotline, call 911, or go to a hospital emergency room. You also understand that we follow the laws and professional regulations of the State of New York (USA) and the psychotherapy treatment will be considered to take place in the state of New York (USA). IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT ONLINE PLATFORMS ARE NOT DESIGNED FOR USE IN THE AFOREMENTIONED CASES.
Dual Relationships

Not all dual relationships are unethical or avoidable. However, sexual involvement between therapist and client is never part of the therapy process, nor are any other actions or dual relationship situations that might impair the objectivity of the therapist, or their clinical judgment, therapeutic effectiveness or that could be exploitative in nature. In addition, Cloud Counseling therapists will never acknowledge working therapeutically with anyone without his/her written permission. In some instances, even with permission, we will preserve the integrity of our working relationship.

Telephone and Emergency Procedures

If you need to speak with your counselor between sessions, please send a secure message or go to our website to schedule a session. Your message will be returned as soon as possible. Messages are checked daily (but never during the night time). Messages are checked less frequently on weekends and holidays. If an emergency situation arises that requires immediate attention, you may call the emergency National Suicide Hotline at 800-784-2433 or dial 911. If a life-threatening crisis should occur, you agree to contact a crisis hotline, call 911 or go to a hospital emergency room.

Payment for Services

Payments for services must be made prior to the time of each session or directly afterwards. You may make payment via https://freedommerchants.com/cloudcounselingopen.html or Orchestra One. Current Fees and Services are available through Orchestra One.

Cancellation policy

You will be billed at your full fee rate if you miss an appointment without providing at least 12 hour notice after 2 missed sessions. We will discuss this Informed Consent during our first session.

Privacy Policy
Note: This is the Privacy Policy for clients of Cloud Counseling.

This Privacy Policy
1. Your privacy is extremely important to us. We are constantly putting great deal of thought, efforts, tools and procedures in order to protect and safeguard your privacy. This document is our "Privacy Policy" and it contains details on issues related to your privacy when using our services. It is intended to inform you of our policies, procedures and practices regarding the collection, use and disclosure of any information that you provide through these Platforms. When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates these Platforms (the "Company"), Cloud Counseling, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

Information Collection and Use

To let us operate these Platforms effectively and to let you use the Provider Services, we have to collect and use some information from you (the "Information"). You may decide which Information, if any, you would like to share with us but some functions of these Platforms may not be available to you without providing us the necessary Information. By deciding to provide the Information you agree to our methods of collections and use, as well to other terms and provisions of this Privacy Policy. The different types of Information we collect and how we intend to use them are detailed below.

Personally Identifiable Information:

When you sign up for Cloud Counseling, you will be asked to provide your billing information and your emergency contact information. We may ask you for personally identifiable information ("Personal Information"). The Personal Information can be used can be used to contact you or identify you and it may include, but not limited to, your name, your email, your phone number, your address and your credit card information. We may use the Personal Information, either by itself or in conjunction with other information, for the following purposes:

Create your account at our Platform, let you login into the account, administer your account, monitor your account, provide customer service and contact you with information, alerts and suggestions that are related to your account.
Billing-related purposes.
Reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act.
Let your Cloud Counseling therapist know your first name so he or she can communicate with you effectively.
Profile Information:

We may ask you several questions about you and your needs. ("Profile Information"). This information is not shared with anyone outside of Cloud Counseling. We may use the Profile Information, either by itself or in conjunction with other information, for the following purposes:

Help us to get to know you and your needs.
Collect and analyze statistical or aggregated information which is not personally identifiable.
Session Content:

While using secure online platforms, we would likely write or say things by means of text-based communication (such as messages), verbal communication or video communication, either internally or to each other (collectively "Session Content"). The Session Content may be shared for supervision purposes, but is not regularly reviewed by Cloud Counseling therapists or supervisors. The Session Content may be used, either by itself or in conjunction with other information, for the following purposes:

Let your Cloud Counseling therapist provide the service to you.
Supervise, administer and monitor the service.
Allow professional supervision by qualified professionals or by Cloud Counseling founder Karissa Brennan, LMHC, DCC.
Allow Cloud Counseling therapists to retain records for 6 years as mandated by New York State for mental health counselors.

Note that all communications transmitted through these Platforms will become part of your file and records.

Cookies and Web Beacons

Like many websites use "cookies" and "web beacons" to collect information. A "cookie" is a small data file that is being transferred to your computer's hard disk for record-keeping purposes. A "web beacon" is a tiny image, placed on a Web page or e-mail that can report your visit or use. We use cookies and web beacons to enable the technical operation of these Platforms, to administer your log-in to your account and to collect the Log Data. You can change your browser's settings to it will stop accepting cookies or to prompt you before accepting a cookie. However, if you do not accept cookies you may not be able to use these Platforms. These Platforms may also include the use of cookies and web beacons of services owned or provided by third parties that are not covered by our privacy policy and we do not have access or control over these cookies and web beacons.

Phishing

Online identity theft and account hacking, including the practice currently known as "phishing", are of great concern. You should always suspect when you are being asked for your account information and you must always make sure you do that in these secure systems. We will never request your login information, your credit card information, in a non-secure or unsolicited communication (e-mail, phone or otherwise).

Links

Some Platforms may contain links to other websites, services or offers which are owned, operated or maintained by third parties. If you click on a third party link, you will be directed to that third website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not have control over third party websites and services and we do not have control over their privacy policies and terms of use.

Service Providers

Secure platforms may employ third party companies and individuals to facilitate the Platforms, to perform certain tasks which are related to these Platforms or to provide audit, legal, operational or other services for us. These tasks include, but not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. When needed we may disclose information, including Personal Information, to such third parties but we will try to limit the Personal Information disclosed to the minimum necessary to perform their task.

Children's Privacy

We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to become our user.
We also do not allow anyone under the age of 18 to use these Platforms without parental consent, authorization and presence.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we may transfer Personal Information to the United States and process it there. If you are located in the United States and choose to provide information to us, we may also transfer some Personal Information outside of the US and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfers.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information, including Personal Information, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ourselves or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We may disclose information, including Personal Information, to take precautions against liability. You should also be aware that Providers may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, you should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; (c) threatened harm to another person; (d) court-ordered presentation of treatment.

Data Retention

You may review, update, correct or delete the Personal Information in your Account by contacting the Platform administrators or by editing it online. If you would like the Platform administrators to delete your Personal Information or any other information from our system, please contact them and they will use commercially reasonable efforts to honor your request. However, we may retain an archived copy of your records as required by law for legitimate business purposes and for legal New York State mental health counseling recordkeeping purposes. There may also be residual information that will remain within our databases and other records, including, without limitation, some data may that may be still archived and stored offline.

Security

The security of your Personal Information is very important to us. Therefore, secure platforms employ measures to protect this information from unauthorized access, use, and disclosure. However, the confidentiality of any communication transmitted through these Platforms or stored with us cannot be guaranteed, especially if your password is not strong (a strong password is alphanumeric with a symbol). Please remember that no method of electronic transmission over the Internet or method of storage can be 100% secure. You acknowledge and agree that you share and transmit the information at your own risk, as further detailed in our terms of use. If you have reason to believe that there has been of security, including but limited to "hacking" to your account, you must notify us immediately.

Changes to the Privacy Policy

We may update this privacy statement at our sole discretion. The date of the last revision of this policy appears at the top of this page. We encourage you to periodically review this page for the latest information on our privacy policy and practices.

Contacting us

If you have any questions or concerns about this Privacy Policy or our privacy-related practices, please contact us by clicking the "Stay Connected" email link at the top of any page in our website Cloud-Counseling.com.

Terms and Conditions
Note: These are the terms and conditions for clients of Cloud Counseling.

The Terms and Conditions
1. The following are the Terms and Conditions (the "Agreement") for the access and use of any person ("User", "Client" or "you") in an online platform through which counseling, consulting, professional advice and any other information are provided (collectively these "Platforms"). These Platforms may be provided, be accessible or be available via multiple websites, devices, platforms and other means, whether owned and/or operated by us or by third parties
2. Without derogating from the above, these Platforms may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.
3. By accessing or using these Platforms, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use these Platforms. If you do not agree to be bound to any term of this Agreement, you must refrain from signing up to these Platforms, you must stop making any use of these Platforms and you should not access these Platforms.
4. When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates these Platforms (the "Company"), Cloud Counseling, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

The Counselors and Counselor Services
1. These Platforms enable you to communicate with a counselor, consultant, practitioner, professional, expert, coach, advisor or any other person (collectively "Counselor") for the purpose of getting counseling, information, advice or any other input, benefit or service (collectively "Counselor Services").
2. The Counselors are neither employees nor agents nor representatives of the Platforms used. They are independent contractors of Cloud Counseling. Furthermore, these Platforms assume no responsibility for any act, omission or doing of any Counselor.
3. Cloud Counseling makes no guarantee or warranty whatsoever as to whether you will find the Counselor Services relevant, useful, correct, relevant, satisfactory or suitable to your needs.
4. You acknowledge that we guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence and background of therapists working with Cloud Counseling. It is up to your sole discretion to conduct independent verification regarding any Counselor that provides you with Counselor Services (if you choose to work with another Counselor) and we strongly recommend that you will conduct this verification prior to communicating with any Counselor and on a continuous basis as you use these Platforms.
5. Your relationship relating to the Counselor Services is strictly with the Counselor. The Platforms are not involved in any way with the actual substance of that relationship or any part of the Counselor Service (whether provided through these Platforms or not).

Use of Secure Platforms
1. You agree, confirm and acknowledge that although the Counselor may provide the Counselor Services through secure Platforms, the staff of the secure Platforms cannot assess whether the use of the Counselor, the Counselor Services or these platforms are right and suitable for your needs. THESE PLATFORMS DO NOT INCLUDE THE PROVISION OF MEDICAL CARE. As operators of these Platforms, their role is strictly limited to facilitating the communication between you and the Counselor and to enable the provision of the Counselor Services. It is up to you to consider and decide whether these services are appropriate for you or not.
2. You agree, confirm and acknowledge that you are aware of the fact that primarily using the email portion of Counselor Services is not a complete substitute for a face-to-face, instant messaging or phone sessions by Cloud Counseling therapists or another licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the email portion of Counselor Services. Furthermore, we strongly recommend that you will consider seeking advice by having a face-to-face, instant messaging or phone appointment with your Cloud Counseling therapist or an in-person session with another licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselors.
3. THESE PLATFORMS ARE NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU.
4. You are advised to exercise a high level of care and caution in the use of these Platforms and the Counselor services.

Further Disclaimer of Warranty
1. WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THESE PLATFORMS OR ANY PART OF THESE PLATFORMS; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THESE PLATFORMS.
2. In the event of a dispute regarding any transaction conducted via these Platforms, you hereby relieve Cloud Counseling from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above.

Limitation of Liability
1. YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT CLOUD COUNSELING SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
2. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
3. This section (limitation of liability) shall survive the termination or expiration of this Agreement.

Your account, representations, conduct and commitments
1. You hereby confirm that you are at least 18 years old of age.
2. You hereby confirm that you are legally able to enter into a contract.
3. You hereby confirm and agree that all the information that you provided in or through these Platforms, and the information that you will provide in or through these Platforms in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
4. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
5. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
6. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
7. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
8. You agree and commit not to use the account or Account Access of any other person for any reason.
9. You agree and confirm that your use of these Platforms, including the Counselor Services, are for your own personal use only and that you are not using neither these Platforms nor the Counselor Services for or behalf of any other person or organization.
10. You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of these Platforms' systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
11. You agree and commit not to make any use of these Platforms for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
12. You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of these Platforms and your relationship with the Counselors and us.
13. If you receive any file from us or from a Counselor, whether through these Platforms or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

Fees and Payment
1. You confirm and agree that all payment related information that you provided and will provide in the future, through Freedom Merchants and Orchestra One, are accurate, current and correct and will continue to be accurate, current and correct.
2. You confirm and agree to use only payment means (credit cards or others) which you are fully and fully authorized to use.
3. You agree that all current and future interactions (whether online or offline) between you and a Counselor will be made, managed and billed through Freedom Merchants and Orchestra One.
4. You agree to pay all fees and charges associated with your Account a timely basis and according to the fees schedule, the terms and the rates as published in these Platforms. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your Account information.

Modifications, Termination, Interruption and Disruptions to these Platforms
1. You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue these Platforms, any part of these Platforms or the use of these Platforms, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
2. For the removal of any doubt, we may terminate or prevent your use of these Platforms and any services provided by through these Platforms (including but not limited to Counselor Services) at our sole discretion for any reason and for any period of time.
3. The Platforms depend on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that these Platforms will be uninterrupted or that it will be secure, consistent, timely or error-free.
4. We may update this terms and conditions statement at our sole discretion. The date of the last revision of this policy appears at the top of this page. We encourage you to periodically review the terms and conditions for the latest information on our practices.

Notices
1. We may provide notices or other communications to you regarding this agreement or any aspect of these Platforms, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given.

Important notes about our Agreement
1. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND CLOUD COUNSELING. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
2. The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
3. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
4. To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

Cloud-CounselingInformed consent / private policy / terms & condition

Cloud-Counseling
Informed consent / private policy / terms & condition