What Consential does
Consential deploys a consent management layer on your practice website. It identifies third-party tracking scripts (analytics, advertising pixels, retargeting tags), blocks those scripts from firing until your website visitor grants consent, records every consent decision in a tamper-resistant audit log with timestamps, policy version references, and jurisdiction data, and syncs consent status into your CRM so downstream marketing respects patient choices.
What Consential does not do
- Provide legal advice or legal representation
- Guarantee compliance with HIPAA, state privacy laws, or any other regulation
- Conduct a comprehensive HIPAA risk assessment for your practice
- Review, draft, or certify the legal sufficiency of your privacy policy, terms of service, or consent language
- Detect or block every possible vector for unauthorized data collection on your website — including scripts injected by third-party plugins, server-side tracking, scripts hardcoded into theme files, or tracking implemented outside the scope of the Consential widget
- Indemnify your practice against regulatory enforcement, litigation, or penalties
Your responsibilities
As a Consential subscriber, you're responsible for: ensuring the consent banner language shown to your visitors meets the legal requirements of applicable jurisdictions (we provide templates; your attorney should review them); conducting a comprehensive HIPAA Security Risk Assessment as required by the HIPAA Security Rule; auditing your website for tracking scripts, pixels, and data collection mechanisms beyond those managed by Consential; executing a Business Associate Agreement with Consential/EFFVIT Group before deploying the widget on your practice website; and maintaining your own compliance program, including workforce training, breach notification procedures, and documentation.
Limitation of liability
Consential's liability to any subscriber is limited to the fees paid for the service during the twelve months preceding the event giving rise to a claim. Consential is not liable for regulatory fines, penalties, legal fees, settlement costs, or damages arising from your use of or reliance on the platform, except to the extent caused solely by a material defect in the Consential platform that Consential failed to remediate after receiving written notice.
No guarantee against enforcement or litigation
No technology product can guarantee that your practice will not face a regulatory investigation, enforcement action, or lawsuit. The value of Consential is that it creates a documented, auditable record of your consent management practices — evidence of good-faith effort in the event of an inquiry. Operating without any consent infrastructure is the highest-risk position. Consential reduces that risk; it does not eliminate it.