PRIVACY POLICY

  1. Introduction.

1.1.      Effective Date. The effective date of this Privacy Policy is October 13, 2020.

1.2.      Purpose. Prescribery Corp (“Prescribery” or “Company”) is committed to respecting the privacy rights of users of the Company’s patient facing software, plug-ins or mobile applications made available by the Company (together, the “Service”). Prescibery has published this “Privacy Policy” to show its commitment to fair information practices and to the protection of privacy.

1.3.      Scope. This Privacy Policy is only applicable to the Company’s services, and not to any websites, apps, or services of third parties (“Third Party Software”), which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. For additional information, see Section 12 (Third Party Software) and Section 4.5 (Third Party Cookies and Advertising).

1.4.      Separate Terms of Service. By using the Service, you represent and warrant that you have also read and understood, and agree to be bound by, both this Privacy and Prescribery’s separate Terms of Service document (the “Terms of Service”), which is incorporated by reference and made part of this Privacy Policy. The Terms of Service document is available at https://www.Prescribery.com/terms-conditions/.

1.5.      HIPAA Authorization.  This Privacy Policy governs your use of the mobile application software.  Should you choose to apply for and/or enlist the telehealth services of Prescribery, you will be required to complete Patient input data that includes  a so-called “HIPAA Authorization” regarding the use and/or disclosure of your medical information. The terms of the HIPAA Authorization are provided on your patient data forms and in Section 16 below.

1.6.      No Permission Without Agreement. By using the Service, you represent and warrant that you have read and understood, and agree to the terms of, this Privacy Policy. If you do not understand or do not agree to be bound by this Privacy Policy, you must immediately cease using or accessing the Service.

  1. Updates and Changes to Privacy Policy.

2.1.     Each time you access the Service, the then-current version of this Privacy Policy will apply. Each time you use the Service, we recommend that you check the date of this Privacy Policy in Section 1.1 (Effective Date) and review any changes since the last time you used the Service.

2.2.     Although most changes are likely to be minor, Prescribery reserves the right, at any time and without notice, to add to, update, change, or modify this Privacy Policy, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately on posting. Unless Prescribery obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy, and not to information collected under any earlier Privacy Policy.

  1. Children’s Privacy. Prescribery does not solicit or knowingly collect Personal Information from children under the age of 13. If Prescribery obtains actual knowledge that it has collected Personal Information from a child under the age of 13, Prescribery  will immediately delete such information from its database. Because Prescribery does not collect Personal Information from children under the age of 13, Prescribery has no such information to use or disclose to third parties. Prescribery has designed this Privacy Policy to comply with the Children’s Online Privacy Protection Act (“COPPA”).
  2. 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.

4.2.      Cookie Policy. “Cookies” are text files that are placed on your mobile device by websites that you visit or certain emails that you open. Cookies store a string of information on a user’s computer or mobile device, which the user’s web browser provides to the Service automatically each time it interacts with the Service. The purpose of Cookies is to identify the user as a unique user of the Service. Prescribery uses two types of Cookies: “first-party cookies” and “third-party cookies.”

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.

4.4.      If you do not wish to have first-party Cookies placed on your computer or mobile device, you should set your web browser to refuse Cookies before accessing the Service. However, certain features of the Service may not function properly without the aid of Cookies. If you refuse Cookies, you assume all responsibility for any resulting loss of functionality.

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.

4.5.4.1. 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.

4.5.4.2. 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

4.8.      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.

  1. 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.

5.2.      Personal Information. Prescribery uses your Contact Data to send you information about Prescribery’s services, and to contact you when necessary in connection with the Service. Prescribery  uses your Financial and Insurance Data to verify your qualifications for certain features of the Service and, when necessary, to bill you. Prescribery uses your Demographic Data to customize and tailor your experience on the Service. Prescribery uses your Third Party Social Media Account Data in accordance with this Privacy Policy and the privacy policies of third party social media companies, such as Facebook and Twitter. As with Traffic Data and information gathered using Cookies, from time to time Prescribery may release Demographic Data in the aggregate, such as by publishing a report on trends in the usage of the Service.

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.

  1. 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.

6.7.      Business Transfers; Bankruptcy. Prescribery reserves the right to transfer all Personal Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Prescribery’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Prescribery’s successor organization.

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.

  1. 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 unsubscribe@prescribery.com.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Third Party Websites. Diet Doc neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Prescribery. Before visiting or providing Personal Information to Third Party Websites, you should inform yourself of the privacy policies and practices (if any) of those Third Party Websites, and should take those steps necessary to, in your discretion, protect your privacy.
  7. Promotional Activities. From time to time, Prescribery may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Prescribery may also ask you to participate in surveys designed to help Prescribery improve the Service. Any Personal Information provided to Prescribery in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.
  8. Business Transitions. In the event Prescribery goes through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a “Business Transition”), Prescribery may use information collected in accordance with this Privacy Policy and subject to its restrictions, as part of any such Business Transition. In such instances, your information can be part of the assets transferred.
  9. Do-Not-Track Disclosure. Prescribery does not respond to “Do Not Track” signals sent by browsers.
  10. 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.   You understand that, by agreeing to this Privacy Policy and/or submitting a Patient input data, you authorize Prescribery to use and disclose your protected Health Information to carry out:

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.

16.4.   You acknowledge that you have been informed of and given the right to review and secure a copy of this Privacy Policy and Prescribery’’s Statement of Privacy Practices, which contains a full description of the uses and disclosures of your protected Health Information and your rights under HIPAA.

16.5.   You understand and agree that Prescribery reserves the right to change the terms of this Privacy Policy and its Statement of Privacy Practices from time to time and you may visit this mobile app, the Company’s website, or contact Prescribery at any time to obtain the most current copy of this Privacy Policy and its Statement of Privacy Practices.

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.

 

TELEHEALTH POLICY

October 13, 2020

Make sure you read all the important information below because we cover:

  • When our duty of care begins.
  • The benefits and risks of using our service.
  • The importance of reading all the information we provide.
  • The importance of answering all questions fully and truthfully.
  • The risks of accepting our treatment plan.
  • The risks to electronic health information.

Only use our service if you’ve read this information and subsequently made an informed decision that our service is right for you. If you have any questions, please send us a message by email info@prescribery.com or call us at 800.581.5038.

Notice for patients nationwide – this service is provided by legal entity DTG Naturopathic, Inc. a Professional Corporation (“DTGN’) of licensed providers in all 50 United States and in contract agreement with the software platform serviced by Prescribery Corp., doing business as (‘Prescribery’).

NOT FOR EMERGENCIES

I understand that I should never use Prescribery in a medical or psychiatric emergency. I understand that in an emergency, I should dial 911 or go to an emergency department.

WHEN OUR DUTY OF CARE BEGINS

I understand that DTGN doctors (‘the doctor’) will take responsibility for my care only after I have completed and answered all the required health questions and provided a driver’s license number to establish that care is provided to an adult of legal age and the doctor has subsequently reviewed my request for treatment and the health questions that I have completed and any photos and/or information received from a video or telephonic consult, reviewed all my information, and then subsequently determined that I am a good candidate for the telehealth services. I understand that the duty of care does not begin at the point of me answering questions or making payment or starting a video or telephonic consult but at the point at which the doctor accepts the duty of care.

I understand that the doctor has the right to refuse to take responsibility for my care if the doctor makes a professional judgment that I am not a good candidate for this service. I understand that making a request for treatment (by completing patient paperwork from a website and making payment) or sending a message does not in and of itself create a duty of care or create a doctor-patient relationship.

I understand no other content in the mobile application constitutes professional medical advice. Specifically the information provided in our health questions about who we can and cannot treat does not constitute professional medical advice.

I understand that all other content in the mobile application does not constitute professional medical advice and is instead for information purposes only. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website or general internet searches.

BENEFITS AND RISKS OF USING OUR SERVICE

I understand that by using the service I’m seeking great care that’s convenient and affordable.

I understand that important differences exist between Prescribery’s model of care and traditional healthcare. Specifically by using Prescribery, I accept a far greater responsibility to read and understand information throughout the mobile application about the limitations of Prescribery’s model of care, the risks of seeking care this way, and the risks and benefits of a proposed treatment plan.

I understand that I must read and understand the Consent to Telehealth, the Terms of Use, the Privacy Policy, the FAQs, the information provided about a service before I answer health questions, the information provided in the health questions themselves, messages I receive from Prescribery.

I understand that by using Prescribery I accept the responsibility to provide full and truthful answers to all questions and, when requested, to provide unaltered photos of me that are taken at the time of using our service. To establish care is for an adult.

I understand that the doctor is unable independently to verify the information and photos I provide and that the doctor will make a professional judgment based on the information and photos I provide.

I understand that by using the service for a telemedical consultation, I won’t have an in person consultation and physical exam that might identify a medical condition that needs further investigation or immediate treatment.

I understand that if I have any questions relating to my care that aren’t urgent, I can call the office and schedule a same-day doctor consultation, or schedule for next business day.

IMPORTANCE OF READING ALL THE INFORMATION WE PROVIDE

I understand the importance of reading the information the doctor provides about adverse events, including the signs and symptoms of serious side effects and common side effects from taking a medicine, as this will ensure that I seek appropriate medical attention in a timely manner.

IMPORTANCE OF ANSWERING ALL QUESTIONS FULLY AND TRUTHFULLY

I understand that by using Prescribery I seek to enter into a relationship where the doctor relies exclusively upon information, any photos or video that I provide to decide whether or not treatment is safe and appropriate.

I understand that the doctor has no way of verifying the information or photos that I provide and that the doctor will consider information to be accurate, true and complete, including my age, gender and all my answers to health questions, and the photos to be of me, taken at the time of me using the service, and unaltered.

I understand that if I provide information that isn’t true and complete, then I’ll be at greater risk of adverse events from any treatment that the doctor prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.

I understand that if I provide photos that are altered, not of me or not taken at the time of me using the service, then I’ll be at greater risk of adverse events from any treatment that the doctor prescribes and I may take a treatment that isn’t necessary, appropriate, or safe.

I understand that even if I provide information that is true and complete, I’m still at risk of adverse events from any treatment that the doctor prescribes.

I understand that even if I provide photos that are unaltered, of me and taken at the time of using the service, I’m still at risk of adverse events from my treatment that the doctor prescribes.

I understand that by using Prescribery I’m giving my explicit consent for the doctor to access medication history.

RISKS OF ACCEPTING OUR TREATMENT PLAN

I understand that all the medicines that the doctor may prescribe or recommend, including over the counter medicines and ‘behind the counter’ medicines can cause serious side effects and adverse events that include severe allergic reaction, permanent disability and death.

I understand that it is my responsibility to make an informed decision whether to accept a treatment plan that the doctor proposes after weighing the risks and benefits of the medicine being prescribed, alternative treatment options and the risks and benefits of such alternatives, and the option of not seeking any treatment.

I understand that adverse events can be caused by a number of things, including an allergic reaction, side effects, or interactions between a medicine that the doctor prescribes and any medical conditions I may have, other prescription medicines or other things (e.g., supplements, herbs, over-the-counter medicines, or recreational drugs) I’m taking, and lifestyle choices such as smoking tobacco products or drinking alcohol.

I understand that by using Prescibery and DTGN to diagnose and treat erectile dysfunction, the doctor won’t have the opportunity to conduct a detailed physical examination that would be possible if I were to see a doctor in person. Because remote doctors cannot do a detailed physical examination there is a risk that they may not identify potential physical causes of my condition that they would be able to identify and investigate further if I were to see them in person.

I understand that DTGN doctors can order a set of laboratory tests, help me understand the tests results and advise me on next steps.

RISKS TO ELECTRONIC HEALTH INFORMATION

I understand that although Prescribery implements a wide range of administrative, physical, and technical safeguards to protect my health information and comply with HIPAA, Prescribery cannot guarantee the privacy and confidentiality of my health information.

For more details about how Prescribery protects and uses your health information and complies with HIPAA, see our Privacy Policy.