Requesting client consent
Aviva Glassman avatar
Written by Aviva Glassman
Updated over a week ago

Because Upheal handles sensitive personal information, and we believe in data protection and privacy, healing professionals need to collect client consent before holding sessions.

If your clients want to know more about the consent they are asked for when using Upheal, please send them a link to this page for clients.

What do clients consent to before using Upheal?

  1. Practice-Client Privacy Policy. This is the agreement between your practice and your client, which you might refer to as informed consent. You can use the privacy policy that Upheal generates for you, modify our template to your needs, or include Upheal in your own existing documents. Any client whose data enters Upheal must sign your Practice-Client Privacy Policy, even if you only use the Audio recorder or upload recordings from sessions held in person or on other platforms.

  2. Upheal-Client Terms of Service. If you hold video calls using Upheal or the Upheal Zoom integration, your client will also need to agree to our application’s Terms of Service. If your client never interacts with Upheal directly, they don’t have to agree to the Upheal-Client Terms of Service.

If client consent is not given through Upheal or if you have not specified that you, the healing professional, have collected it outside of Upheal, we will only be able to host a simple video call, without Upheal’s note and insights. We take privacy very seriously.

What additional consent can clients provide?

Clients can also optionally agree to the Upheal-Client Privacy Policy for their de-identified data to be used for the improvement of the Upheal app (read more).

Your clients will see the option to consent to the Upheal-Client Privacy Policy:

  • By email or online call if you hold sessions with them using Upheal’s calling platform

  • By email only (not during a call) if you’re using Upheal’s Zoom integration

Your client won’t see the option to consent to the Upheal-Client Privacy Policy and will therefore by default be opted out if:

  • You opt out of de-identified data sharing as a therapist in your settings in the Upheal app (paid users only)

  • You don't hold sessions with Upheal's calling platform or Upheal's Zoom integration

  • You collect consent to your Practice-Client Privacy Policy outside of Upheal. In that case, your clients will not be asked about the Upheal-Client Privacy Policy and will be automatically opted out.

Client data will only be used for app improvements with express permission. We do not store any de-identified data for the purpose of app improvements from captured in-person sessions or uploaded recordings. Clients can withdraw consent from the Upheal-Client Privacy Policy at any time by contacting Upheal support. Consent is withdrawn once Upheal support receives and processes the request, but withdrawal does not work retroactively.

Clients under age 16

If you work with clients under the age of 16, you need consent from their parent or legal guardian to use Upheal.

Using your own Practice-Client Privacy Policy (informed consent)

Upheal automatically generates a Practice-Client Privacy Policy for you, but you can also use your own and collect agreements to your policy independently. Feel free to use our template to create a privacy policy. Your Practice-Client Privacy Policy must mention data processing in third-party apps — you can use this text.

When using your own policy:

  • You’ll need to collect client agreement to your Practice-Client Privacy Policy independently outside of Upheal.

  • If you want to collect consent from all clients outside of Upheal and automatically confirm collection, we recommend changing your settings to specify that you’re using your own privacy policy. If you still want to handle this on a client-by-client basis, you can leave your settings as they are and manually skip sending the consent collection email that Upheal generates for each new client you add. See Option 3 for more.

If you plan to hold sessions with Upheal’s calling platform or Upheal’s Zoom app, clients will still need to agree to the Upheal-Client Terms of Service, which they will be prompted to do at the beginning of their first call with you.

How do I collect client consent?

We know every healing professional’s practice and clients are unique, so we have a few different ways to collect consent to best suit your workflow.

Option 1: Collecting client consent via email

Sending emails via Upheal is the quickest, easiest way to collect client consent. This could be the best option if:

  • You plan to make your calls using Upheal or Upheal’s Zoom integration.

  • You can provide your client’s email address.

  • You have already discussed Upheal with your client.

  • You want to get consent collection out of the way ahead of time, even if you plan to hold sessions in person or on other platforms.

Collecting consent client consent via email when you add a client

  1. Click Add client on your Upheal dashboard to add a new client.

  2. Fill in the client’s details, and click Create.

  3. Upheal shows you a preview of the consent request email your client will receive. To send the email, click Send.

The email includes a link for reviewing and signing the Practice-Client Privacy Policy, agreeing to the Upheal-Client Terms of Service, and opting in or out of the Upheal-Client Privacy Policy:

When your client gives consent, their client account in Upheal will automatically update and list the documents they’ve agreed to.

Postponing consent collection and sending the email later

You can postpone sending the consent collection email. You might want to do this if:

  • You haven’t yet spoken with a client about Upheal.

  • You are beginning sessions with a highly distressed client who could be overwhelmed by emails or requests.

How to postpone consent collection:

  1. Click Add client on your Upheal dashboard to add a new client.

  2. Fill in the client’s details, and click Create.

  3. When you see the email preview, click I’ll do it later.

How to send the email later:

  1. Go to your client’s page, and go to the Consent collection section. Click Consent management. You’ll see the preview of the email your client will receive.

  2. Click on Send.

  3. When your client gives consent, their client account in Upheal will automatically update and list the documents they’ve agreed to.

Option 2: Collecting consent during the client’s first call

You can add a client and postpone consent collection until the time of their first call. You might want to do this if:

  • You don’t want to send an email to your clients requesting consent.

  • You are beginning sessions with a highly distressed client who could be overwhelmed by emails or requests.

Postponing consent collection

  1. Click Add client on your Upheal dashboard to add a new client.

  2. Fill in the client’s details, and click Create.

  3. When you see the email preview, click I’ll do it later.

Managing consent during the call

  1. Begin a call with the client.

  2. The client will be asked to consent to the Upheal-Client Terms of Service before being let into the call.

  3. Once the client enters the call, you can:

    • Ask for consent to your Practice-Client Privacy Policy (the one Upheal generates for you) and to the Upheal-Client Privacy Policy by clicking Ask for consent. The client can read the policies and agree while staying on the call.

    • If your client has already agreed to your Practice-Client Privacy Policy outside of Upheal, confirm by clicking I have consent for session processing.

Option 3: Collecting consent outside of Upheal, skipping templates and emails from Upheal

You might want to collect consent independently if:

  • You are using your own Practice-Client Privacy Policy, not the one Upheal generates for you.

  • You hold sessions in person.

  • You hold sessions using a non-integrated calling platform.

  • You don’t want to send your clients any emails.

  • You can’t or don’t want to provide a client’s email address.

If you hold sessions in person or on a non-integrated calling app and use Upheal’s Audio recorder or upload audio recordings to Upheal, your clients don’t have to agree to the Upheal-Client Terms of Service or opt in/out of the Upheal-Client Privacy Policy.

However, clients still need to sign your Practice-Client Privacy Policy (see our note about creating or using your own privacy policy).

Automatically confirming consent collection for all future clients

If you always collect consent to your Practice-Client Privacy Policy outside of Upheal, you can streamline the confirmation process for your whole practice:

  1. In Upheal, go to Settings.

  2. Click on Consent collection.

  3. Click I want to use my own privacy policy and do the consent collection.

  4. Click Save.

Upheal will skip the consent collection options when you create new clients and automatically confirm the collection for you.

Confirming consent collection for an individual client

  1. Click Add client on your Upheal dashboard to add a new client.

  2. Fill in the clients details, and click Create.

  3. When you see the email preview, click I have consent for session processing.

If you postponed consent collection by choosing I’ll do it later:

  1. Make sure your client signs your Practice-Client Privacy Policy.

  2. Go to the client’s page, go to the Consent collection section, and click Consent management. Click I have consent for session processing.

Alternatively, before you upload sessions, Upheal will ask if your client has consented to session processing. Check the box I have the client’s consent to process their session recordings, and click Continue.

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