- Information Collection Practices.
4.1. Traffic Data. Like most mobile application operators, Prescribery automatically gathers information that web browsers automatically make available, including: (i) IP addresses; (ii) Internet domain names; (iii) types of devices accessing the Service; and (iv) types of Web browsers accessing the Service (collectively “Traffic Data”). Traffic Data is anonymous information that is not meant to personally identify you.
4.3. First Party Cookies. Prescribery uses first-party Cookies on the Service, for example the Google Analytics Cookie, for the following purposes: (1) to gather visitor and access information relevant to customizing the Service to your interests; and (2) to store your password so you do not have to re-enter it each time you use the Service.
4.5. Third Party Cookies and Advertising.
4.5.1. Advertising on Third Party Websites. Prescribery may advertise on other Third Party Websites to you after you access the Service. We and third-party marketing partners, including without limitation Google, Inc. (“Google”), may use first party Cookies (such as the Google Analytics cookie), third party Cookies (such as the DoubleClick cookie), and web beacons (such as the Facebook conversion tracking pixel, see https://www.facebook.com/business/a/online-sales/conversion-tracking), including across multiple devices, to inform, optimize, and serve advertisements to you based on your use of the Service. This practice is commonly known as retargeting or remarketing (see https://en.wikipedia.org/wiki/Behavioral_retargeting).
4.5.2. Google Analytics. Google Analytics is Google’s analytical tool that helps website and app owners to understand how their visitors engage with their properties. It may use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google Analytics is the “__ga” cookie.
4.5.3. Data Collection by Third Parties. Any of these third parties may place Cookies on your mobile device, use web beacons (see https://en.wikipedia.org/wiki/Web_beacon), and gather IP addresses and log data to collect traffic and activity data to deliver relevant metrics and content.
4.5.4. Opting Out of Third Party Cookies.
18.104.22.168. You may customize your Google Cookies preferences or opt out of using Google Cookies on the Google Ads Settings page at http://www.google.com/settings/ads.
22.214.171.124. You may learn about Facebook Cookies and how to customize your preferences at https://www.facebook.com/about/ads.
4.5. 4.3. You may opt out of using other third parties’ Cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp. You can also learn more about how to delete or control Cookies at http://www.aboutcookies.org/.
4.6. Personally Identifiable Information. To use certain features of the Service, you may be asked to provide Prescribery certain personally identifiable information (“Personal Information”). Personal Information includes the following categories, without limitation: (1) “Contact Data” (such as your name, phone number, fax number, mailing address and email address); (2) “Financial Data” (such as your credit/debit card number and expiration date); (3) “Demographic Data” (such as your gender and ZIP code); and (4) “Third Party Social Media Account Data” (such as your account information for third party social media accounts when you access the Service in connection to those accounts). In each case, you will be asked to provide Personal Information; the Service will not gather it secretly. Diet Doc may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third parties (e.g., consumer reporting agencies) who may lawfully provide that information to Diet Doc. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain features of the Service.
4.7. Specific Information Collected. Prescribery collects the following specific items of Personal Information:
4.7.1. your first and last name
4.7.2. your address
4.7.3. your email address
4.7.4. your telephone number
4.7.5 your date of birth
4.8. Health Information. Should you choose to apply for and/or enlist the telehealth services of Prescribery, you will be required to input Patient data that includes a HIPAA Authorization, wherein you will be asked to provide certain information regarding your health and medical history (“Health Information”). The terms of the HIPAA Authorization are provided on your Patient Forms and in Section 16 below.
4.10. Information You Make Public. The Service may contain features (e.g., instant messages, electronic messaging, forums, etc.) that allow you to upload, post, transmit, display, perform, or distribute content, or other information, including your Personal Information and/or health information. Any information that you choose to disclose through such features becomes public information over which Prescribery is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information through such features, and you agree to assume all responsibility for doing so.
- Information Use.
5.1. Traffic Data and Information Gathered Using Cookies. Prescribery analyzes Traffic Data and information gathered using Cookies to help Prescribery better understand who is using the Service and how they are using it. By identifying patterns and trends in usage, Prescribery is able to better design the Service to improve your experience, and to serve you more relevant and interesting content. From time to time, Prescribery may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Service. Prescribery does not attempt to link information gathered using Cookies to Personal Information.
5.3. Health Information. Should you choose to apply for and/or enlist the telehealth services of Prescribery, Prescribery will use your Health Information to carry out treatment, obtain payment from third-party payors (such as your insurance company), and carry out the day-to-day operations of its practice.
- Disclosure Practices. Except under the following categories of circumstances, Prescribery will keep your Personal Information private, and will not share it with third parties.
6.1. De-Identified Sharing. Prescribery may share or sell Personal Information that has been de-identified such that you cannot be tied back to it. Prescribery hopes that this kind of aggregate data will be useful for health research. Prescribery will take reasonable measures to ensure that its de-identification process is effective, but does not guarantee that you will never be personally identified with your data.
6.2. Disclosure to Marketing Partners. Prescribery does not share, rent or sell personally identifiable information to any third party.
6.3. Disclosure in Connection with Service. Prescribery discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, data storage, and security.
6.4. Social Media. At your direction, Prescribery discloses your information and your use of the Service on social media platforms. Prescribery sends your information through the APIs of social media platforms you authorize, in compliance with all applicable laws and the applicable platforms’ privacy policies in place when your information is sent.
6.5. User Content.
6.5.1. User Content Defined. “User Content” is any content, material, or information, not including Personal Information, that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Service, whether in connection with your use of the Service or otherwise. This includes, without limitation, personal photos and videos.
6.5.2. License to User Content. As stated in the Terms of Service, by using the Service, you grant Prescribery and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the “Company Parties”) the right to publish your name and any username of yours in connection with the Company Parties’ exercise of their license in and to your User Content. You further waive any claims arising from the Company Parties’ exercise of that right. For additional information, see the section of the Terms of Service titled “User Content”.
6.6. By Law or to Protect Rights. Prescribery discloses Personal Information when required to do so by law, in response to a subpoena or court order, or when Prescribery believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Prescribery, third parties, or the public.
6.8. Unpaid Accounts. If you fail to pay any balance owed in consideration of services, Prescribery may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies, and others.
- Consent to Receive Electronic Communications From Company. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Prescribery, over the short term and periodically, including email and short-message service (“SMS” or “text message”) communications, regarding the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to email@example.com.
- Consent to Receive Electronic Communications from Other Users. Without limitation, by registering for the Service and/or by providing your name, email, postal or residential address, and/or phone number through the Service, you consent to receive electronic communications, including email, instant messages, video conferencing, and other personal messages from other users of the Service.
- Security of Personal Information. Prescribery takes security seriously. We use commercially reasonable safeguards to protect against the unauthorized access, use, modification, destruction, or disclosure of your Personal Information. However, due to the realities of data security, Prescribery is unable to guarantee that any information provided to us will not be accessed, hacked, disclosed, altered, or destroyed by unauthorized parties.
- Lost or Stolen Information. You must promptly notify us if your credit, bank, other financial institution information, username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, username, or password from your account and update our records accordingly.
- User Ability to Access, Update, and Correct Personal Information. Prescribery wants your Personal Information to be complete and accurate. As stated in the Terms of Service, by using the Service, you represent and warrant that all information you provide in connection with your use of the Service is current, complete, and accurate, and that you will update that information as needed to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, visit your personal profile. Through your personal profile, you may review and update your Personal Information that we have already collected.
- Do-Not-Track Disclosure. Prescribery does not respond to “Do Not Track” signals sent by browsers.
- HIPAA Consent Form & Disclosure Authorization. You understand and agree that the following terms and authorization apply to any Health Information submitted or transferred by you to Prescribery as part of any Patient input data, communication, or if you otherwise choose to apply for and/or enlist the telehealth services of Prescribery.
16.1. You understand that you have certain rights to privacy regarding your protected Health Information. These rights are given to you under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
16.2.1. Treatment, including direct, indirect, or telehealth diagnosis and treatment by other healthcare providers involved in your treatment;
16.2.2. Obtaining Payment from third party payors (including your insurance company); and
16.2.3 The day-today Healthcare Operations of Prescribery’s practice.
16.3. You understand and acknowledge that your authorization herein may cover disclosure and use of, among other things, Health Information related to mental healthcare, communicable diseases (including HIV or AIDS), and the treatment of alcohol or drug abuse.
16.6. You understand that you have the right to request restrictions on how your protected Health Information is used and disclosed to carry out Treatment, Obtaining Payment, and Healthcare Operations, but that Prescribery is not required to agree to these requested restrictions. However, if Prescribery does agree, then it is bound to comply with the requested restrictions.
16.7. You understand that you may revoke this HIPAA Authorization in writing, at any time; however, any disclosure or use that occurred prior to the date of said revocation is not affected thereby.