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ONLINE PRIVACY POLICY AGREEMENT

LAST REVISED ON: OCTOBER 22, 2020

Physician Promise, Inc. (“Physician Promise, Inc.” “we,” or “us”) owns and operates the websites located at www.physicianpromise.com (“websites” or “platform”). Any products or services provided through the Platform or otherwise by Physician Promise, Inc., and any affiliated website, software or application owned or operated by Physician Promise, Inc., (collectively, including the Platform and the Content, the "Service") are subject to this Privacy Policy unless specifically stated otherwise. Physician Promise, Inc. values its user’s privacy. This privacy policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our policy has been designed and created to ensure those affiliated with our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. As with our Terms and Conditions, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual's behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy. Users under the age of 18 years old are not allowed to use physicianpromise.com. Our Service is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request ("Request for Removal of Minor Information") to the following: contact@physicianpromise.com with the subject line of "Removal of Minor Information."

Physician Promise, Inc. is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Jurisdictional Issues:

The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.

Protected Health Information:

When you set up an account with Physician Promise, Inc., you are creating a direct customer relationship with Physician Promise, Inc., that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to Physician Promise, Inc., including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be "protected health information" or "medical information".

However, in using certain components of the Service, you may also provide certain health or medical information that may be protected under applicable laws. Physician Promise, Inc., is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, " HIPAA"). One or more of the Pharmacies or Medical Groups (as defined in our Terms and Conditions) may or may not be a "covered entity" or "business associate" under HIPAA, and Physician Promise, Inc., may in some cases be a "business associate" of a Pharmacy or Medical Group. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Physician Promise, Inc., the Medical Groups, the Providers or the Pharmacies. To the extent Physician Promise, Inc., is deemed a "business associate" however, and solely in its role as a business associate, Physician Promise, Inc., may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that you provide to Physician Promise, Inc., the Medical Group or the Providers (" PHI"). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

We also collect certain medical information on behalf of the Medical Groups and your Providers, which may include, but is not limited to:

  1. Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
  2. Previous doctors or other healthcare providers you visited
  3. Date of visit
  4. Images or videos you share for diagnosis or treatment purposes
  5. Communications with Providers

The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).

By accessing or using any part of the Service, you are agreeing that even if HIPAA does apply to Physician Promise, Inc., the Medical Groups, the Providers or the Pharmacies, any information that you submit to Physician Promise, Inc., that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

We reserve the right to make changes to this policy at any given time. If you want to make sure that you are up-to-date with the latest changes, we advise you to frequently visit this page. If it any point in time Physician Promise, Inc. or its affiliates or medical firms that use this site decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in a separate manner.

This policy applies to Physician Promise Inc. and its subsidiaries and medical firms that use this platform, and it governs any and all data collection and usage by these entities. Through the use of Physician Promise, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection in use of information by companies that does not control nor by individuals not employed or firms that do not use our site where are managed by us. If you visit the website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this policy will inform you of the following:

  1. What personally identifiable information is collected from you through our website;
  2. Why we collect personally identifiable information in the legal basis for such collection;
  3. How we use collected information and with whom it may be shared;
  4. What choices are available to you regarding the use of your data;
  5. The security procedures in place to protect your information from misuse.

Information We Collect:

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.

In addition, may we may occasionally collect non-personal anonymous demographic information, such as age, gender, household income, race, and religion, as well as the type of browser you were using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Our website does list addresses to third-party sites such as Twitter, Facebook, Instagram, YouTube, LinkedIn, and Pinterest. Photographic or video images submitted for identification or non-diagnosis or treatment purposes via the third party electronic medical record. Information and articles written by our authors are subject to the same protection, terms of use, and privacy policy as Physician Promise, Inc and its medical group and pharmacy affiliates. Your commentary within the Promise Community is anonymous and any information that you provide on this public domain that identifies you is your responsibility and will not be monitored or edited by Physician Promise, Inc or its subsidiaries or affiliates.

Physician Promise, Inc., might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Service; when you "sign in," "log in," or the like to the Service; when you allow the Service to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Physician Promise, Inc. asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third party sends Physician Promise, Inc., a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then Physician Promise, Inc., may collect any personal or non-personal information provided therein or therewith.

In addition to the information we collect directly from you, we may also collect certain information from the Medical Group and/or Providers who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.

We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

Similarly, the Medical Groups and Providers may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Medical Groups and Providers. The Medical Groups and Providers may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the Medical Groups or Providers or as required by law.

Finally, Physician Promise, Inc. might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser's or device's preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service.

Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website's or program's traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which Physician Promise, Inc. might use include Google Analytics.

By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving Physician Promise, Inc. permission to monitor or otherwise track your activities on the Service, and that Physician Promise, Inc. may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, Physician Promise, Inc. does not permit third parties or third-party cookies to access to any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.

Why We Collect Information and for How Long:

We are collecting your data for several reasons:

  1. To better understand your needs and provide you with the services you have requested;
  2. To fulfill our legitimate interest in improving our services and products;
  3. To send you promotional emails containing information we think you may like when we have your consent to do so;
  4. To contact you to fill out surveys or participate in other types in market research, and when we have your consent to do so;
  5. To customize our website according to your online behavior and personal preferences
  6. Verifying your identity;
  7. Confirming your location;
  8. Administering your account;
  9. Fulfilling your requests;
  10. Processing your payments;
  11. Pharmacies, the Medical Groups, the Providers to fulfill medical requests;
  12. Customer service.

The data we collect from you will be stored for no longer than necessary. The length of time we retain that information will be determined based upon the following criteria: the length of time your personal information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have to fulfilled over duties and obligations, any limitation periods within which claims might be made, any retention periods prescribed by law or recommended by regulators, professional bodies or associations, the type of contract we have with you, the existence of your concerns, and our legitimate interest in keeping such information as stated in this policy.

Use of Information Collected:

We may collect and may make use of your personal information to assist in the operation of our website and ensure safe delivery of the services you need a request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you.

Disclosure of Information:

Physician Promise may not use or disclose information provided by you except under the following circumstances:

  1. As necessary to provide services or products you have ordered;
  2. In other ways described in this policy or to which you have otherwise consented;
  3. In the aggregate with other information in such away so that your identity cannot reasonably be determined;
  4. As required by law, or in response to a subpoena or search warrant;
  5. To outside auditors who have agreed to keep the information confidential;
  6. As necessary to enforce the terms of service;
  7. As necessary to maintain, safeguard and preserve all the rights and property of Physician Promise;
  8. We will not sell your information.

Non-Marketing Purposes:

Physician Promise greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, accounts issues, or changes in products and services). In certain circumstances, we may use our website, newspapers, or other public means the post a notice.

Unsubscribe or opt-out:

All users and visitors to our website have the option to discontinue receiving communications from us by way of email. To discontinue or unsubscribe from our website please send an email to contact@physicianpromise.com that you wish to unsubscribe. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Physician Promise will continue to adhere to this policy with respect to any personal information previously collected.

Links to Other Websites:

Our website does contain links to affiliates and other websites. Physician Promise does not claim nor accept responsibility for any privacy policies, practices or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website to read the privacy statements of every website that collects personally identifiable information. This privacy policy agreement applies only and solely to the information collected by our website and the medical firms that use this platform.

Security:

Physician Promise takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and off-line. Wherever we collect sensitive information (i.e credit card information), that information is encrypted and transmitted to us in a secure way. All medical related questions will be sent to the physician from the affiliated medical firm to use in a confidential manner related to HIPAA compliant information as to establish a physician-patient relationship. Physician Promise will not store this HIPPA information and will be stored in the HIPPA compliant electronic medical record that is used by affiliated medical firms that use this platform.

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by PHYSICIAN PROMISE, INC.' third-party online payment processing vendor, Stripe (" Stripe"). Additional information about Stripe, its privacy policy and its information security measures (collectively, the " Stripe Policies") should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly.

While we use encryption to protect sensitive information and transmit it online, we also protect information off-line. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse of unauthorized access, disclosure or modification of the user’s personal information under our control.

Acceptance of Terms:

By using this website, you are hereby accepting the terms and conditions stipulated within the privacy policy agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions mean that you agree and accept all such changes.

How to Contact Us:

If you have any questions or concerns regarding the privacy policy agreement related to our website, please feel free to contact us at the following email: contact@physicianpromise.com.