SMS Messaging Privacy Policy

Last updated: July 9, 2026

South Florida Smile Spa, Nicole M. Berger, DDS (“we”, “us”, “our”) is committed to protecting your privacy. This SMS Messaging Privacy Policy (“Policy”) governs how we collect and use information about you in relation to our text messaging program (the “Messaging Service”).

By using the Messaging Service, you agree to the terms of this Policy. We reserve the right, in our sole discretion, to modify or change this Policy at any time with or without prior notice to you. The date of the last update will be posted at the top of this Policy for your convenience. This Policy, and any changes, are effective as soon as posted and supersede any prior Policies. Your continued use of the Messaging Service following the posting of any changes to the Policy constitutes your full acceptance of those changes.

Collection of Information

Through your use of the Messaging Service, we will receive Personal Information through our third-party service provider. “Personal Information” is information that individually identifies you, such as the mobile phone number you provided when signing up for the Messaging Service, any comments or feedback regarding the Messaging Service that you send to us, or any other information that you choose to include in messages you send through the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect Personal Information about you using cookies or similar technologies on our website. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device.

If you contact us with questions about the Messaging Service, or complete a form on our website that includes your mobile number, we will collect the contact information and any other information you choose to provide.

Protected Health Information and HIPAA

South Florida Smile Spa is a covered entity under the Health Insurance Portability and Accountability Act (“HIPAA”). Any Protected Health Information (“PHI”) transmitted through the Messaging Service is handled in accordance with HIPAA and our Notice of Privacy Practices, which governs in the event of any conflict with this Policy.

Standard SMS text messaging is not a secure or encrypted method of communication. By opting in to the Messaging Service, you acknowledge and accept the risk that messages sent to or from your mobile number may be intercepted, viewed by anyone with access to your device, or stored by your wireless carrier. We limit the clinical detail included in text messages accordingly, and we will not transmit sensitive treatment information by SMS. If you would prefer that we communicate with you by telephone, secure email, or postal mail instead, contact our office at (954) 785-1100 and we will honor that preference.

Use of Information

We use Personal Information to deliver, analyze, maintain, and support the Messaging Service. We may also use Personal Information to enhance the Messaging Service and personalize your experience, including sending appointment reminders, follow-up care instructions, billing notifications, and — where you have separately consented — promotional messages about our services.

Sharing of Information

We will not rent or sell your Personal Information to other companies or individuals unless we have your consent. We may use or disclose Personal Information in any of the following limited circumstances:

  • We have your consent.
  • We need to enforce our SMS Terms and Conditions.
  • We provide such information to trusted businesses or persons for the sole purpose of processing Personal Information on our behalf or providing the Messaging Service to you, including our telecommunications provider, Mango Voice, and our practice management and patient communication vendors. When this is done, it is subject to agreements — including HIPAA Business Associate Agreements where applicable — that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures.
  • We provide Personal Information to a company controlled by, or under common control with, South Florida Smile Spa, Nicole M. Berger, DDS for any purpose permitted by this Policy.
  • We transfer Personal Information about you if South Florida Smile Spa, Nicole M. Berger, DDS, or its assets, are acquired by or merged with another company.
  • We believe disclosure of Personal Information is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service, and such aggregated or de-identified information may be shared with third parties.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All of the categories above exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Protection of Information

South Florida Smile Spa takes precautions to ensure the security of your Personal Information, including ensuring that our third-party service providers protect the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your Personal Information despite our efforts. You should note that in using the Messaging Service, your information will travel through third-party infrastructures which are not under our control, such as a third-party SMS delivery platform or your wireless carrier network.

We cannot protect, nor does this Policy apply to, any information that you transmit to other individuals. You should never transmit personal or identifying information to other users.

Children

The Messaging Service is not intended for children under 13, and we do not knowingly collect information from children under the age of 13.

Where a patient is a minor, the parent or legal guardian must provide the mobile number and consent on the minor’s behalf, and communications will be directed to the parent or guardian. By using the Messaging Service, you represent that you are at least 18 years of age, or that you are at least 13 years old and have your parent’s or guardian’s permission to use the service.

Retention of Information

We retain your Personal Information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations, including recordkeeping requirements applicable to dental records under Florida law. We will also retain and use your Personal Information as necessary to resolve disputes, protect us and our patients, and enforce our agreements.

Questions or concerns?

If you have any additional questions regarding this Policy, please contact us:

South Florida Smile Spa, Nicole M. Berger, DDS
572 E McNab Rd, Suite 102
Pompano Beach, FL 33060
Phone: (954) 785-1100
Email: info@nmbdds.com