Privacy & Legal



PRIVACY AND SECURITY POLICY
Effective as of April 01, 2018

This privacy and security policy (collectively, this “privacy policy“) describes how your personal information may be collected, used and disclosed by The Custom Rx Company (dba BLUECHEW.COM) and its subsidiaries and affiliates (collectively, “BLUECHEW,” “we“, “us“, or “our“) by (a) using the website operated by BLUECHEW located at http://www.bluechew.com or other related websites and/or mobile applications operated by BLUECHEW (collectively, the “website“), (b) purchasing and/or using the products and/or services provided by us thereunder (together, the “products“), and/or (c) providing your personal information to BLUECHEW, you signify your acknowledgement and agreement to this privacy policy, whether or not you register for an account with BLUECHEW through the website (an “account“). If you do not agree with any provision in this privacy policy, please do not use the website, purchase or use the services or products, provide your personal information to BLUECHEW, or register for an account. this privacy policy does not apply to websites or applications that display or link to different privacy policies.

Please review this privacy policy carefully.


In addition to this privacy policy, BLUECHEW has established terms of service that set forth the general rules and policies governing your use of the website. A copy of the terms of service can be found HERE.


BLUECHEW’S COMMITMENT TO YOUR PRIVACY.

BLUECHEW understands that your health information is very personal, and is dedicated to maintaining the privacy of your personally identifiable information, including your protected health information (collectively, “PII“). PII includes information about you that may be used to identify you (such as your name, date of birth, or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care. In operating the Website, BLUECHEW may receive information and create records containing your PII. BLUECHEW is required by law to maintain the privacy of your PII and to provide you with notice of its legal duties and privacy practices with respect to your PII.


COLLECTION, USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFIABLE INFORMATION.

BLUECHEW may collect information about your use of the Website that does not contain any PII, or may aggregate or create de-identified information that does not contain any PII by removing information that personally identifies you from other information collected (collectively, “Anonymous Information“). BLUECHEW reserves the right to use or disclose Anonymous Information without restriction, subject to applicable law.


COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION.

BLUECHEW does not collect your PII without your authorization, though the use of certain features of the Website or Services will require you to provide certain information to us. Any information you provide to us when you visit or use the Website and/or when you register or use your Account is voluntary.

 

This information may include the following PII:

  • Contact information, including, without limitation, name, email address, mailing address, and phone number; and
    Health or medical information, including, without limitation, medical records, age, gender, health background, health status, prescribed and over-the-counter medications, medical ID number, driver’s license number, laboratory testing results, and photos).

Subject to the restrictions on the use and disclosure of your PII under applicable law, BLUECHEW may use and disclose your PII (including to third parties) to:

  • Provide for the medical diagnosis and treatment of erectile dysfunction.
  • Provide, operate, analyze usage of and improve the Website and Products.
  • Verify your identity as the holder of an Account.
  • Administer your Account or process payments.
  • Communicate with you about the Website and Products, and to deliver any administrative notices or alerts and communications relevant to your use of the Website or Products.
  • Tailor the features, performance and support of the Website and Products to you and your preferences.
  • Troubleshoot problems with the Website and provide you with customer support.
  • Market our services and those of third parties we believe may be of interest to you when you have given us express authorization to do so.
  • Investigate, deter, prevent, defend against or take other action regarding violations of BLUECHEW’s Terms of Service, illegal activities, suspected fraud or situations involving potential threats to the legal rights or physical safety of any person or the security of BLUECHEW’s network, Website or Products.
  • Respond to subpoenas, court orders or legal processes.
  • Facilitate the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another person or entity.
  • Protect the personal safety of BLUECHEW, its customers, or any other person in an emergency.
  • Fulfill any other obligation of BLUECHEW as required by law.


In the event that we are legally compelled to disclose your PII to a third party, we will make every reasonable effort to notify you, unless doing so would violate the applicable law, court order or other legal requirement.
Additionally, when you visit the Website or use your Account, BLUECHEW may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited and average time spent on the Website. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve web design and functionality.


DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES.

The Website may contain links to third party sites whose information, privacy and security practices may be different than ours. Before using these third party sites or providing them with your PII, you should carefully review and evaluate the privacy notices for such sites, as BLUECHEW has no control over information that is submitted to, or collected by, these third parties.
In certain cases, you may be directed to a third party site to provide information to complete a transaction in connection with the Website. In such cases, any information you provide to such third party sites directly to such third party will be subject to the applicable third party’s privacy policy and terms of service. For example, Stripe, Inc. (“Stripe“) provides third party payment processing services for BLUECHEW. All payments made to BLUECHEW will be processed by Stripe. The privacy policies of Stripe may differ from those of BLUECHEW. Any information you submit to Stripe will be governed by their privacy statements. Accordingly, BLUECHEW encourages you to carefully read their privacy statements.

BLUECHEW DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR PII. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION. BLUECHEW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, OR SECURITY OF ANY THIRD PARTY WEBSITES. BLUECHEW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF YOUR PII BY ANY SUCH THIRD PARTY IF SUCH PII IS PROVIDED TO SUCH THIRD PARTY IN COMPLIANCE WITH THIS PRIVACY POLICY.


PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.

BLUECHEW employs reasonable physical, electronic and managerial security measures, and follows generally accepted industry standards to safeguard your PII.
BLUECHEW utilizes firewall barriers, high-grade SSL encryption techniques, and authentication procedures, among others, to maintain the security of your online sessions and to protect Accounts and systems from unauthorized access. BLUECHEW software and member health records are stored on secure servers and backed up daily. All data is encrypted during storage and transmission.
BLUECHEW strictly limits access to your PII. BLUECHEW’s employees and agents are trained in our confidentiality and privacy policies, and only those employees and authorized agents of BLUECHEW who need such information to provide you with the Products have access to your PII, and only under strictly controlled conditions. BLUECHEW and its employees and agents will use PII only as necessary to provide the Products through the Website.
Please be aware that no method of data transmission over the Internet or method of electronic storage can be guaranteed to be perfectly secure. As a result, while BLUECHEW takes extensive measures to protect your PII, it cannot ensure or guarantee the security of any information you transmit to BLUECHEW or through the Website.
 BLUECHEW DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR PII WILL NOT BE COMPROMISED.


ONLINE WILL BE SECURE, AND YOU DO SO AT YOUR OWN RISK.

Your cooperation is imperative in safeguarding your PII. Choose your Account password carefully, as anyone with access to your Account password will be able to assume your online identity and view your medical information, change your PII, and communicate with your BLUECHEW health care providers. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You may change your password from your Account profile page after logging into your Account. Additionally, you will periodically receive correspondence from BLUECHEW at the email address you register with your Account. While these emails will never contain your photos (unless requested by you) or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your Account indicates your consent for BLUECHEW to transmit your PII to such address.


OPTING OUT OF FUTURE COMMUNICATIONS

You can stop receiving marketing emails from BLUECHEW by clicking the unsubscribe link included at the bottom of a BLUECHEW marketing email. You cannot opt out of certain emails we need to send you relating to normal business operations (for example, notifying you of a message from your medical provider). To opt out of all emails from BLUECHEW, you may email SUPPORT@BLUECHEW.COM and cancel your BLUECHEW membership.


ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONALLY IDENTIFIABLE INFORMATION.

You may access and update certain information, or deactivate your Account from your Account profile page after logging into your Account. Additionally, you may at any time make a request to access, correct or update the PII that BLUECHEW has collected about you by contacting us at SUPPORT@BLUECHEW.COM, including requests to:

  • View your medical records that have been provided to BLUECHEW.
  • Inspect and copy your PII.
  • Amend your PII if you believe your file is incomplete, incorrect or obsolete.
  • Receive an accounting of all disclosures BLUECHEW has made of your PII.

BLUECHEW will make reasonable efforts to respond promptly to all such requests. BLUECHEW may impose a fee for the costs associated with your request, including the costs of labor, materials and/or shipping. In certain circumstances, BLUECHEW may deny your request. In the event of a denial, we will inform you of the reason for such denial and you will have the opportunity to request a review of the denial and submit a statement of disagreement for inclusion in your records. BLUECHEW will not verify, modify or otherwise alter any of your PII without your request or consent, provided that BLUECHEW may correct any errors or modify any immaterial information at any time.
You may at any time make a request for BLUECHEW to delete your PII. BLUECHEW will promptly comply with all such requests, but only to the extent such requests are not in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your PII, it will be deleted from the active database, but may remain in our archives; we may also retain and continue to use your Anonymous Information. Further, to the extent your PII has been disclosed to third parties; BLUECHEW may not be able to access such PII or cause the deletion or modification of such PII by the relevant third parties.


USE OF COOKIES AND OTHER TECHNOLOGIES ON THE WEBSITE.

Certain features of the Website are only available through the use of cookies and other user tracking mechanisms (collectively, “Cookies“). Cookies may include small files saved on your local hard drive which store your preferences or other records, and enable BLUECHEW to (a) collect information about your use of the Website, (b) understand general Website usage and volume statistical information, and (c) improve the services, experience, content and offerings on the Website. Cookies do not tell BLUECHEW your email address or other PII unless you choose to provide this information to BLUECHEW; for example, by registering for an Account. However, once you choose to provide your PII to BLUECHEW, this information may be linked to the data stored in a Cookie. You may elect to decline Cookies if your browser has this functionality. However, if you do so, you may not be able to use certain features on the Website which are dependent on the information collected by Cookies.
As you browse BLUECHEW, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with BLUECHEW. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit 
THIS PAGE to opt out of AdRoll and their partners’ targeted advertising.


PERSONS UNDER THE AGE OF 18.

Persons under thirteen (18) years of age are not eligible to use the features, services and other aspects of the Website or the Products. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has disclosed PII to BLUECHEW without your consent or authorization, please contact us at SUPPORT@BLUECHEW.COM.


ASSIGNMENT.

If BLUECHEW or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties information concerning your relationship with us, including, without limitation, PII that you provide or that has been provided on your behalf and other information concerning your relationship with BLUECHEW. Such third parties will assume responsibility for the PII collected by BLUECHEW in connection with BLUECHEW’s business operations or through the Website and such third parties will assume the rights and obligations regarding such information as described in this Privacy Policy.


AMENDMENTS.

We reserve the right to amend, modify, add, delete or update the terms of this Privacy Policy at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of this Privacy Policy, we will post the new Privacy Policy on the Website and you agree that such postings constitute notice of the new Privacy Policy to you. We recommend that you read this Privacy Policy each time you use the Website. If you object to any changes to this Privacy Policy your sole recourse will be to cease using the Website and/or Products. Your continued access to and usage of the Website and/or Products signifies your acknowledgement and acceptance of any such changes to the Privacy Policy and agreement to be bound thereby. The terms of any new Privacy Policy will apply to all PII that it maintains, including PII that was created or received before such changes were made.


REPORT VIOLATIONS.

You should report any suspected violations of this Privacy Policy to SUPPORT@BLUECHEW.COM.


QUESTIONS.

If you have questions or concerns about this Privacy Policy, please contact us at SUPPORT@BLUECHEW.COM.

Privacy and Security Policy
Dermacare understands that your health information is very personal, and is dedicated to maintaining the privacy of your personally identifiable information, including your protected health information (collectively, “PII“). PII includes information about you that may be used to identify you (such as your name, date of birth, or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care. In operating the Website, Dermacare may receive information and create records containing your PII. Dermacare is required by law to maintain the privacy of your PII and to provide you with notice of its legal duties and privacy practices with respect to your PII.