Back Pain Centers of America ("we," "our," "us" or "BPCA") is committed to protecting your privacy. We have developed specific policies and procedures to ensure that the information you provide to us through our websites, BackPainRelief.net and BackPainCentersOfAmerica.com, is collected and maintained in a manner that respects your privacy. This Privacy Statement explains these important policies and procedures.

We reserve the right to change this Privacy Policy, or any other policy or practice, at any time. We will notify you of any changes to the Policy by updating the "last modified" date at the top of this page. We encourage you to take the time to read our entire Privacy Policy for complete details about our privacy practices and how we protect your personal information.

Acceptance

By using the BackPainCentersOfAmerica.com site, you signify your terms of this acceptance of this Privacy Policy and consent to the collection, use and transfer of your information under the policy. If you do not agree with the terms of our Privacy Policy, you should exit the site immediately.

Cookies

We collect information about your use of our site through the use of "cookies." The information collected by cookies helps us monitor the number of visitors to BackPainCentersOfAmerica.com. In addition, we utilize cookies to save your login information and enable certain features of BackPainCentersOfAmerica.com. Note that your browser software can be set to reject all cookies. Setting your web browser to reject all cookies may prevent you from using all portions of the site, or enjoying its full functionality.

Web Beacons

We may also use tiny graphic image files imbedded in a web page or email (web beacons) that collect anonymous, non-personal information about your use of the BackPainCentersOfAmerica.com site and the sites of selected sponsors and advertisers — as well as your use of emails, special promotions or newsletters we send to you. The information collected by web beacons allows us to monitor the number of people using the BackPainCentersOfAmerica.com site, selected sponsors' and advertisers' sites, as well as the number of people who are opening our emails, and for what purposes.

Website Analytics

We may use third party website analytics services in connection with the BackPainCentersOfAmerica.com site. We use the information collected by such services to enhance usability on BackPainCentersOfAmerica.com. . Such services do not collect personal information that you do not voluntarily enter into the site, and they do not track your browsing habits across websites that do not use their services.

What personal information does BackPainCentersOfAmerica.com collect?

BackPainCentersOfAmerica.com collects personal information about you when you do any of the following:

• You choose to share your personal information with us to use our site.
• You request information from us.
• You sign up for newsletters or our email list.
• You make an inquiry.
• You participate in a survey or promotion.
• You otherwise contact or interact with us.

This personal information may include, but is not limited to, your name, address, email address, telephone number, medical insurance, personal medical information and other information you voluntarily provide to us. We may combine the information you provide to us with information (1) from and about you that we automatically collect when you use this or other sites affiliated with BackPainCentersOfAmerica.com, (2) from third parties, or (3) from other online and offline sources.

How does BackPainCentersOfAmerica.com use the personal information it collects online?

We use personal information collected online for various functions, including but not limited to:

• Fulfilling your requests for products or services.
• Offering products and services that may be of interest to you.
• Customizing the content, advertising and services to your preferences.
• Sending you solicitations, product announcements, and similar materials that may be of interest to you (you may "opt out" of receiving these materials).
• Sending you certain e-mail messages critical to your use of the Services, such as system status updates or order confirmations (because these messages contain important information, you may not be able to "opt out" of receiving such messages).
• Sending you certain e-mail messages from third party advertisers (such third-party advertisements are distributed by Back Pain Centers of America on behalf of our advertisers).
• "Pre-populating" forms that are displayed for the purpose of collecting individual data by Back Pain Centers of America and/or its sponsors.
• Billing, account maintenance, and record-keeping purposes.
• Improving our customer service and service offerings.

In addition, we may collect and use information for analytic purposes, market research or marketing purposes, as allowed by law. We may use and analyze the information we collect so that we can administer, support, improve and develop our business, which may include contacting you to notify you of our current or future services.

We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to BackPainCentersOfAmerica.com or our services. Further, we might also use your information to let you know about other services we offer that may be of interest to you and we may contact you by mail, telephone or fax, as well as by e-mail. We do collect anonymous, non-personal information about your use of our site.

Does BackPainCentersOfAmerica.com share the personal information it collects online?

We may share the personal information we collect about you with third party partners, such as medical providers and companies performing medical services you have requested. While these partners may have access to personal information needed to perform their functions, they are prohibited from sharing or using such information for any other purpose.

We may also share information collected about you with companies with whom we have business affiliations or with whom we have formal agreements, for the purpose of offering you pain relief and surgical services.

Finally, we may disclose your personal information as otherwise permitted or required by law.

How does BackPainCentersOfAmerica.com use and disclose Protected Health Information?

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Protected Health Information is any information about health status, provision of health care or payment for health care that can be linked to a specific individual. Broadly, this includes phone/fax numbers, geographical identifiers, e-mail addresses and other information directly related to an individual.

Our use and disclosure of your Protected Health Information is governed by HIPAA. When you use the site to request contact with a selected healthcare provider, all protected health information that you submit with the contact form or created from your use of the contact form is

used and disclosed by us as a Business Associate (as defined by HIPAA) according to the terms of a Business Associate Agreement between us and that healthcare provider.

This means that we may only use and disclose your Protected Health Information on behalf of, or to provide services to, the healthcare provider for the appointment scheduling services available through the BackPainCentersOfAmerica.com site according to the terms of the Business Associate Agreement.

There are three exceptions to this use and disclosure rule. We may use and disclose your Protected Health Information as follows:

1. For our internal management and administration. 2. To carry out our legal responsibilities. 3. To perform certain data aggregation services for the healthcare provider and other healthcare providers; provided that, any disclosures for our internal management and administration or to carry out our legal responsibilities are either required by law or made after we obtain reasonable assurances from the person to whom the Protected Health Information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to that person.

As a Business Associate of healthcare providers, we are permitted to de-identify your Protected Health Information created or received by us for that healthcare provider. This de-identified information must be created according to criteria prescribed by HIPAA so that there is no reasonable basis to believe that this information can be traced back to you. We may use and disclose any such de-identified information in the same manner as personal information under this privacy policy.

Some of appointment scheduling services available through the BackPainCentersOfAmerica.com site for healthcare providers may be provided by subcontractors of Back Pain Centers of America. All such subcontractors must comply with the same terms and conditions for the Protected Health Information that apply to Back Pain Centers of America as a Business Associate of the healthcare provider.

The descriptions in this privacy policy of the responsibilities and obligations of Back Pain Centers of America and any subcontractor under HIPAA do not provide any additional right to you under this privacy policy, HIPAA, or any other applicable law.

What security measures does BackPainCentersOfAmerica.com employ?

We take reasonable security measures to protect the security of your personal information, including the adoption of generally accepted industry standards to safeguard the confidentiality of your personal information, through the use of firewalls and secure socket layer technology (“SSL”). We do not guarantee or warrant that there will be no unintended disclosures of your personal information. If we become aware that your personal information has been disclosed in any manner contrary to the terms of this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible, and as required by law.

Does BackPainCentersOfAmerica.com collect personal information online about children?

Our website is not intended for children under 18, and we do not intentionally collect or maintain data about children under 18 unless such personal information is provided by a parent, legal guardian or authorized adult. If we learn that we have received any personal information from anyone who is not at least 18 years old, we will delete that information from our database.

Your choices about collection and use of information

You may choose not to provide us with any personal information. In such an event, you can still access and use some of the Services; however you will not be able to access and use certain key features of the Services that require your personal information.

When you register on our site, you consent to receive email messages from us. At any time, you can choose to opt out of receiving commercial or promotional e-mails from us by clicking on the link in the email communication attached for that purpose, or by contacting us with your request to opt out via email or by voice at 800-364-7036. You will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future.

It may take up to 10 (ten) days for us to process an opt-out request. We may send you transactional and relationship e-mails, such as service announcements, administrative notices and surveys, without offering you the opportunity to opt out of receiving them.

Please note that changing information in your account, or otherwise opting out of receipt of promotional e-mail communications, will only affect future activities or communications from us. If we have already provided your information to a third party (such as a service provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

You can also control information collected by cookies. See the “cookies” section above for information about declining or deleting cookies.

Third Party Links

Our website provides links to other companies' websites. If you leave BackPainCentersOfAmerica.com by linking to one of these third party sites, you will be subject to the privacy policies and procedures posted on that site, and this Privacy Policy will no longer apply. Back Pain Centers of America is not responsible for the content of third party links or the use, collection or dissemination of information on such third party websites.

Storage

We store all traffic data and review postings indefinitely, even after “deletion,” and may archive such information elsewhere. We will retain your personal information as long as your account is active or needed to provide you services. At any time, you may remove your personal information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to BackPainCentersOfAmerica.com from our servers. BackPainCentersOfAmerica.com tools that collect and store personal information allow you to correct, update or review information you have submitted by going back to the specific tool, logging-in and making the desired changes. We will also retain your personal information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

Contact Information

If you have any questions about this Policy or any of the practices described herein, please contact us by email or postal mail below:

Privacy Policy
Back Pain Centers of America
3900 Peachtree Road, Suite 800
Atlanta, GA 30326
info@BackPainCentersOfAmerica.com

Medical Disclaimer

It is important that you understand that BackPainCentersOfAmerica.com does not provide medical advice, diagnosis or treatment.

The contents of the BackPainCentersOfAmerica.com site — such as text, graphics, images and other material — are not intended to diagnose, treat or cure any disease, nor provide any medical opinion or advice. Any subsequent interactions with us, such as with phone operators, are for informational purposes only.

The information provided is for general informational purposes only and is not to be taken as medical advice or treatment information. This information is no substitute for medical diagnosis and guidance from a licensed professional. Consult a physician in all matters relating to your health, particularly concerning any symptoms that may require diagnosis or medical attention. Never disregard medical advice, or delay or change treatment because of something you have read on the BackPainCentersOfAmerica.com site.

Although we may cite certain medical procedures, perspectives and products, BackPainCentersOfAmerica.com does not recommend or endorse any specific tests, physicians, facilities, products, procedures, opinions or other information that may be mentioned on the site. Reliance on any information provided by BackPainCentersOfAmerica.com, our employees, others appearing on the site at the invitation of BackPainCentersOfAmerica.com or other visitors to the site is solely at your own risk.

While we strive earnestly to update its resources for consumers and professionals, any individual reliance on this information is at the individual's own risk. We do not guarantee the accuracy of the information found herein, and further disclaim all liability or responsibility for injury or impairment experienced by any users who utilize any products, information or concepts. For specific medical questions, please consult a licensed healthcare professional.

Terms & Conditions of Use

By accessing this site and its content, you agree to be bound by the terms and conditions set forth herein. We reserve the right to change the terms and conditions at any time, and you agree to abide by the most recent version posted on this site each time you view it. Accordingly, you are urged to reference the conditions set forth each time you access the BackPainCentersOfAmerica.com site. Failure to follow these terms and conditions shall be construed as a violation of this agreement.

You agree to hold harmless Back Pain Centers of America, its shareholders, officers, directors, employees, affiliates and contributors from all claims arising out of, or related to, the information contained within this site, access or use of, or inability to access or use the BackPainCentersOfAmerica.com site.

Unless otherwise stated, all content contained herein, including but not limited to, the graphic images, audio, video, text, html codes and buttons contained herein and their arrangements, are owned or licensed by Back Pain Centers of America and/or its contributors and may not be copied, reproduced, republished, posted, transmitted or distributed in any way without the prior written consent of Back Pain Centers of America. Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Back Pain Centers of America or any third party. All trademarks used or referred to in the BackPainCentersOfAmerica.com site are the property of Back Pain Centers of America and/or their respective owners.

The information provided on this site is free of charge and for informational purposes only and does not create any relationship between you and Back Pain Centers of America or any of its officers, shareholders, owners, employees, affiliates or representatives. Links on this site may lead to services or sites not operated by Back Pain Centers of America. No judgment or warranty is made with respect to such other services or sites, and Back Pain Centers of America takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

Back Pain Centers of America makes no representation or warranty of any kind with respect to this site or any service accessible through this site. Back Pain Centers of America expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will Back Pain Centers of America be liable to any party for any direct, indirect, incidental, special, exemplary, consequential or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying or use thereof.

Back Pain Centers of America maintains this site in Georgia, U.S.A.. By using this site and agreeing to these terms of use, you agree that any legal action or proceeding relating to this site shall be governed by the laws of the State of Georgia without reference to its choice of law rules, and without regard to where in the world you are located, or from where in the world you have visited this site. The user is responsible for complying with the laws of the jurisdiction from which the user is accessing this site and agrees that he/she will not access or use the information on this site in violation of such laws.