Mobile App Privacy Policy

PRIVACY POLICY:

 

Last updated and effective as of May 8, 2020.

 

This Privacy Policy describes how SMP Pharmacy Solutions ("SMP," "we" or "us") may collect, protect, and use information we receive about users of our mobile applications (collectively, the "Services"). This Privacy Policy also describes the choices you can make about our use of your information.

 

SMP reserves the right to update or change this Privacy Policy at any time, by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy through an alert on our website and/or via email. By using the Services, you agree to the terms of this Privacy Policy and the collection and use of information in accordance with this Privacy Policy. If you do not agree to be bound by this Privacy Policy, then do not access or use the Services or disclose any personal information through the Services.

 

For state-specific rights or if you are a California resident, click here for additional terms and protections.

 

1.     How to Contact Us

 

You may update your preferences and information by contacting us at the e-mail address or phone number below. Additionally, if you have any questions or concerns about our use of your Personal Information (defined below), please do not hesitate to contact us through any of the methods below.

 

Phone: (855) 255-5005.

 

Email: FertilityApp@smppharmacy.com

 

You can write to us at:

SMP Pharmacy Solutions

7500 NW 26th ST

Miami, FL 33122

 

2.     Personal Information

 

While using the Services, we may ask you to provide us with certain personally identifiable information (“Personal Information”).  Personal Information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to a particular individual or household.

 

We collect information from you both when you provide it voluntarily and also automatically when you use our Services.  We may also collect Personal Information from other sources, as described below.

 

We collect Personal Information from you and any devices (including mobile devices) you use when you: use our Services, provide us information on a web form, or over the telephone or online chat, when you otherwise correspond with us, engage or connect with us through one of our social media pages, or chat with a customer support specialist.  Please remember that any information that is disclosed in public comments, forums or other areas enabling other users to submit comments (“Forums”) becomes public information, is not maintained or treated as confidential, and you should exercise caution when deciding to disclose your Personal Information.

 

In addition, we also collect Personal Information about you from third parties in connection with our Services, including from the following sources:

  • Service providers (including hosting providers and payment processors)
  • Data analytics service providers
  • Email, chat and other communications service providers
  • Customer service providers
  • Advertising providers
  • Social media platforms
  • Partners

 

3.     The Information We Collect About You

 

Information Collected Through Use of our Services

Categories of Information

Description of Category

How We Use Your Information

Account Registration Information

This is the Personal Information that is provided by you or collected by SMP to enable you to login and access your account and our Services. This includes your name, gender, date of birth, address, username, password, email address, and phone number.

You may be required to register to use SMP Services.

 

• To provide our products and services to you, including processing requests you may make through our Services.

• To create, maintain, and personalize your experience with the Services.

• To notify you about changes to our Services.

• To communicate with you for services-related purposes, such as password retrieval and information about your account and orders.

 

Payment Information

We may collect Personal Information if you make a purchase through the Services. We use the services of established third party vendors, for all payments and payment information. We may store limited payment information to improve your experience on the Services.

The exact Personal Information collected by our third party processor will vary depending on the payment method but will include information such as:

·       Name

·       Credit or debit card type, expiration date, and certain digits of your card number

·       Billing and shipping addresses

·       Postal code

·       Phone number

If you are directed to our third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s Personal Information collection practices, and you will want to review those terms before you use their services.

 

• To fulfill the transaction that you have requested.

• To invoice you.

• To send you e-mail, text messages and/or postal mail or contact you via phone supplying you with the most recent service information or to send you information about your order (e.g., order confirmations, etc.).

Usage Information

This can be Personal Information and non-Personal Information that is collected about you when you are using the SMP Services, and this may include:

·       Information about your interactions with the Services, which includes the date and time of any information you enter into our Services and your interactions with other users of our Services.

·       User content you post to our Services including messages you send and/or receive in the Forums and your interactions with our customer service team.

·       Technical data which may include URL information, cookie data, web beacons and other tracking technology information, your IP address, the types of devices you are using to access or connect to our Services, unique device IDs, device attributes, network connection type (e.g., WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.

The SMP Services may use cookies, unique identifiers and similar technologies to collect information over time and across different websites when you use or visit our Services. SMP or its third-party partners use common tracking tools to collect information about the pages you view, our Services functions that you access, the buttons and icons you click, and to remember your login information and website settings to make it easier and more efficient for you to use our Services, and to provide advertising content that we think may be of interest to you.

Cookies. SMP uses tracking technology such as “cookies” and IP addresses. Cookies are small data files stored on your computer’s hard drive to collect information. When you visit the Services, SMP also passively tracks information from your computer, mobile device, or other device you use to access the Services, such as the IP address of computers and/or Internet service providers, the date and time of access, computer technology used, user experience data and interactions on the Services. In some instances, SMP also uses cookies to collect information that on future visits, identifies you as a previous visitor, or tracks your activity on our Services. If you follow a link to our Services from an affiliate or promotion, SMP stores information about your arrival from that affiliate or promotion in a “session cookie.”

You do not need to have cookies turned on to visit our Services. You can refuse cookies by turning them off on your browser. Most browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, some aspects of our Services will not work properly, and your experience on the Services will be impacted significantly. For more information regarding your choices with respect to cookies and other tracking technologies, please see “” below.

In addition to tracking and auditing activities required under HIPAA and other state and federal regulations, SMP also employs sophisticated web tracking and monitoring technology.

Pixels, Web Beacons. We or third party partners may use invisible pixels or beacons on our Services to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Services offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of our Services.

• To optimize the display of the Services on your device.

• To provide, administer, maintain, personalize, and improve our Services.

• To monitor the usage of our Services.

• To allow you to participate in interactive features of our Services when you choose to do so.

• To gather analysis and assess trends, user and visitor preferences and interests.

• To provide you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on the Services or on other websites. We may also get information about your browsing history from our trusted business partners and vendors.

• To monitor security of the Services.

Anonymized Information

We use anonymized and aggregated information that may be created or derived from your Personal Information or usage of our Services for purposes that include data analysis, improving our Services, advertising, and developing new features and functionality within our Services.

• To gather analysis and assess trends and interests.

• To monitor the usage of our Services.

 

4.     Sharing Your Information

 

SMP shares non-Personal Information with third parties at our discretion. We do not sell your Personal Information to third parties. In connection with our Services, we may share your Personal Information with certain third parties who we engage to help us run our business and administer the Services, including under the following circumstances:

Software and service providers we use to manage and process your information.

  • Affiliates and subsidiaries.
  • Marketing service providers we use to communicate with you.
  • Advertising service providers we use to assist us in providing personalized advertising.
  • Other third parties that you expressly request us to share your Personal Information with.

 

Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with our Services, to protect the safety or property of SMP, our users, employees, or where we have another legitimate interest in doing so.

 

Most of the third parties with whom we share your Personal Information are located and store your information in the United States, although some may be located or store your information outside of the United States. These third parties are only permitted to use your Personal Information to the extent necessary to enable them to provide their services to us.

 

If we are subject to a merger or acquisition with/by another company, we may share information with the other company in connection with the transaction, and your Personal Information may be transferred to such company upon completion of the transaction. Such acquiring company’s right to use your Personal Information shall be limited to the terms of this Privacy Policy unless additional notice is provided to you.

 

 

5.     How We Safeguard Your Information

 

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.

 

6.     How Long We Store Your Information

We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.

We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Services or products, or we are legally obligated to retain Usage Information for longer periods.

 

7.     Your Rights and Choices Regarding Your Information

Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under “How to Contact Us” above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.

As noted above in “The Information We Collect About You,” you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Services may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.

You can choose to limit the data that third party services (e.g., Social Media Platforms) share with us using the options provided to you by the applicable third party service (for example, the options provided by a Social Media Platforms when you connect your social media account with our Services).  You can also disconnect your use of our Services from the third-party service at any time using the options provided to you by the applicable third-party service.  Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.

8.     State-Specific Rights

Depending on where you live, you may have certain rights with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:*

·    The right to request the following information regarding our use of your Personal Information:

1.     Categories of your Personal Information that we have collected

2.     Purposes for which we have collected or used such Personal Information

3.     Categories of sources for the Personal Information we have collected about you

4.     Categories of third parties with whom we have disclosed your Personal Information

5.     Categories of personal information disclosed about you for a business purpose

6.     If we have sold your Personal Information, a list identifying the Personal Information categories that each category of third party obtained.

·    The right to receive a copy of your Personal Information.

·    The right to request us to erase your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).

* If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:

·    Phone: 1-855-255-5005

·    Email: FertilityApp@smppharmacy.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

9.     Transfer of Data

Your information, including Personal Information, may be transferred to – and maintained on - computers located outside of your state or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

10.  Sensitive Personal Information

Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive personal information as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, criminal background or trade union membership) on or through the Services or otherwise to us.

If you send or disclose any sensitive personal information to us, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such content to our Services.

Please note that our processing and use of PHI is governed by our separate PHI Notice of Privacy Practices.

11.  Policy on Children’s Information

Our Services are not created for anyone under the age of 13 (“Children” or “Child”). By using the Services, you represent that you are at least 13 years old.  If you do not meet this age requirement, then you must not access or use our Services.

We do not knowingly collect personally identifiable information from anyone under the age of 14, and we do not target the Services to children under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under “How to Contact Us”, above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.

For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.

12.  Links to Other Sites

Our Services may contain links to third-party websites. If you click on one of those links, you will be taken to websites we do not control. This Privacy Policy does not apply to the information practices of those third-party websites. You should read the privacy policies of third-party websites carefully. We are not responsible for the content, privacy policies, actions or security of third-party websites.

13.  Governing Law and Jurisdiction

 

This Privacy Policy shall be construed and governed under the laws of the United States and State of Florida (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Miami, Florida, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party consents to personal jurisdiction in the courts identified above.

 

 

 

 

 

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Casey TarnesMobile App Privacy Policy