Privacy policy
PRESCRIBED ESSENCE RX, INC. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit our website https://www.PrescribedEssence.com/ and/or the mobile application https://app.PrescribedEssence.com/ (our "Site") and our practices for collecting, using, maintaining, protecting, and disclosing that information. Your access and use of the Site, any part thereof, or anything associated therewith, including its content ("Content"), any products or services provided through the Site or by Us, and any affiliated website, software or application owned or operated by Us (collectively, the "Site") are subject to this Privacy Policy. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Company Terms and Conditions ("Terms and Conditions").
This policy applies to information we collect:
· On this Site.
· In email, text, and other electronic messages between you and this Site.
· Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
· Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time (See Changes to Our Privacy Policy). Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Limits on Use by Minors
Our Site is intended for use by individuals who are at least eighteen (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 Site. Individuals who are between the ages of thirteen (13) and eighteen (18) (or such older age of majority) may use the Site for the sole purpose of obtaining a medical consultation if a parent or legal guardian provides consent to such use in accordance with the requirements set forth by applicable law, our Terms and Conditions, and the Site. The Site is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Site 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 Site. Please submit any such request ("Request for Removal of Minor Information") via email to info@PrescribedEssence.com or to the following:
PRESCRIBED ESSENCE RX, Inc.
5413 Valley Blvd, Los Angeles, CA 90032
California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their personal information. Please see the section titled Your California Privacy Rights for more information.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Site, including information:
· By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
· That is about you, but individually does not identify you; and/or
· About your internet connection, the equipment you use to access our Site, and usage details.
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties, for example, our business partners.
Information You Provide to Us.
The information we collect on or through our Site may include:
· Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
· Records and copies of your correspondence (including email addresses), if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through our Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Site.
· Your search queries on the Site.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
· Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Site according to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Site.
The technologies we use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Site.
· Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
· Web Beacons. Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
INFORMED CONSENT REGARDING USE OF TELEHEALTH
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SITE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SITE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF.
IF YOU ARE EXPERIENCING A LIFE-THREATENING SITUATION SUCH AS CONTEMPLATING SUICIDE, CALL 911 OR THE 988 SUICIDE & CRISIS LIFELINE AT 988.
PURPOSE
The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare and/or mental health services to you by physicians, physician assistants, nurse practitioners, and/or mental health professionals (“Providers”) using the online platforms owned and operated by Prescribed Essence Rx, Inc. and/or its subsidiaries and affiliates (“Site”). In this Consent, the terms “you” and “yours” refer to the person using the Site, or in the case of a use of the Site by or on behalf of an individual minor between the ages of thirteen (13) and eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Site by such minor or uses the Site on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Site is being utilized.
No-Cost Consultation Policy
USE OF TELEHEALTH
Telehealth involves the delivery of healthcare and/or mental health services using electronic communications, information technology or other means between a healthcare or mental health provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a provider; interactions between a patient and provider via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.
ANTICIPATED BENEFITS
The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other services and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care or other services and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment. Participation in mental health services may reduce stress and anxiety, decrease negative thoughts, improve relationships, and increase comfort in different settings.
POTENTIAL RISKS
While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited; technology, including the Site, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Site, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; mental health services may result in feeling worse as therapy progresses; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; data stored and communicated electronically, for example, through email communications, may be more susceptible to unintended disclosure of protected health information to third parties; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
LIFE THREATENING AND OTHER EMERGENCY SITUATIONS; FOLLOW-UP CARE
If you are experiencing a life-threatening situation such as contemplating suicide, call 911 or the 988 Suicide and Crisis Lifeline at 988. If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. Providers may not respond promptly to communications you submit through the Site. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Site. If a technical failure prevents you from communicating with your Providers through the Site, you should call the number provided on the Site.
DATA PRIVACY AND PROTECTION
The electronic systems used in the Site will incorporate network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, certain administrative purposes, and as required by law to disclose to other persons and agencies certain information obtained during the provision of mental health services (e.g., danger to self or others; mandatory reporting of child, elder, or vulnerable adult abuse) or as otherwise set forth in your Provider's Notice of Privacy Practices. Use of the Site may include email communications to and from you that may include your protected health information. You understand that the Company does not and cannot guarantee the security or privacy of the services you use to receive communications, including for example your email service provider.
LABORATORY PRODUCTS AND SITES
Certain healthcare services provided to you by Providers via the Site may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither Prescribed Essence Rx, Inc. and its subsidiaries (collectively, “Company”), nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.
OPEN PAYMENTS NOTICE
For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services Open Payments web page is provided on the Site. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical device, and biologics to physicians and teaching hospitals be made available to the public. The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.
YOUR ACKNOWLEDGMENTS
By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Site or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following:
Healthcare and mental health services provided to you by Providers via the Site will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician, and you agree to be treated by non-physician providers, if applicable, by using the Site. Your treating Provider for therapy services will be a mental health professional, such as a licensed counselor. Certain technology, including the Site, may be used while still in a beta testing and development phase, and before such technology is a final and finished product. Technology used to deliver care, including the Site, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). Certain diagnostic testing services, including laboratory products and services offered through the Site, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent. No potential benefits from the use of telehealth or other technology or specific results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s). Your condition may not be cured or improved, and in some cases, may get worse. There are limitations in the provision of medical care or other services and treatment via telehealth and technology, including the Site, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment. There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Site, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth. You understand that there will be no recording of any online treatment sessions by your Provider(s) or you. Your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition via telehealth and whether you maintain sufficient knowledge and skills in the use of technology appropriate to diagnosing and/or treating your condition via telehealth. By continuing to use the Site, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Site do not offer in-person treatment. Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by Company or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal. Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent. You understand that the use of the Site involves electronic communication to and from you of your personal medical information in connection with the provision of telehealth services, including through email. You understand that it is your duty to provide Company and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare and/or mental health providers including emergency contact information for your local healthcare and/or mental health providers. You understand that each of your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition using telehealth technology, including the Site. By continuing to use the Site, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You understand that each of your Provider(s) may determine in their sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Site, and that you may need to seek care and treatment from a specialist or other healthcare or mental health provider, outside of such telehealth technology. Company, has a commercial relationship with Prescribed MD PC and Grand Specialty Pharmacy. Company, has a financial relationship with the entity that employs or contracts with your Provider. You are free to obtain your medical examination from another healthcare provider that is not associated with Company. Company, will use its pharmacy partners to fulfill your order directly to your door. You are free to obtain your prescription from any pharmacy of your choice by contacting the Company. Prescriptions may be filled by and transferred between any pharmacy partners on your behalf. You must pay the full amount of the costs associated with use of the Site, including any prescription you may receive, and you will not attempt to submit a claim to Medicare, any other federal payor, or any state or private insurer.
If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.
Special Notice to California Clients. Physicians and midwifes are licensed and regulated by the Medical Board of California. To confirm a license or file a complaint, go to www.mbc.ca.gov or call (800) 633-2322. The California Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of marriage and family therapists, licensed educational psychologists, clinical social workers, and professional counselors. You may contact the Board of Behavioral Sciences at http://www.bbs.ca.gov or calling (916) 574-7830.
SMS/Text Messaging
When you provide your phone number through our website forms, contact forms, intake forms, account forms, during a phone call, or by texting our business number, you may receive SMS/text messages from Prescribed Essence Rx, Inc. These messages may include responses to inquiries, account support, order support, consultation follow-ups, appointment or request coordination, reminders, and customer support.
By providing your phone number and submitting a form, calling our business line, or texting our number, you consent to receive text messages from Prescribed Essence Rx, Inc. Message frequency varies. Message and data rates may apply.
You can opt out of receiving text messages at any time by replying STOP to any message. After opting out, you will no longer receive text messages from us. Reply HELP for help or contact us at info@PrescribedEssence.com.
We do not sell, rent, or share your phone number with third parties for marketing or promotional purposes.
Your phone number is used solely for communicating with you about the services, requests, account support, order support, or customer support you requested.
We use information that we collect about you or that you provide to us, including any personal information:
· To present our Site and its contents to you.
· To provide you with information, products, or services that you request from us.
· To fulfill any other purpose for which you provide it.
· To provide you with notices about your account, including expiration and renewal notices.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Site or any products or services we offer or provide though it.
· To allow you to participate in interactive features on our Site.
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PRESCRIBED ESSENCE RX, INC.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PRESCRIBED ESSENCE RX, INC. about our Site users is among the assets transferred.
· To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
· To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Site, we will transmit the contents of that email and your email address to the recipients.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your personal information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PRESCRIBED ESSENCE RX, INC., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
· Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt out by checking or unchecking the relevant boxes or by sending us an email stating your request to info@PrescribedEssence.com.
· Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to info@PrescribedEssence.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
· Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to info@PrescribedEssence.com.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Site and visiting your account profile page. If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms and Conditions.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Protected Health Information
When you set up an account with the Company, you are creating a direct customer relationship with Us that enables you to access and/or utilize the various functions of the Site as a user. As part of that relationship, you provide information to the Company, 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 Site, you may also provide certain health or medical information that may be protected under applicable federal and/or state laws. The Company 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"). However, one or more of the labs, pharmacies or medical groups may or may not be a "covered entity" or "business associate" under HIPAA, and the Company may in some cases be a "business associate" of a pharmacy or medical group. Please 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 the Company, the medical groups, the providers of such medical groups, the labs, or the pharmacies. If the Company is deemed a "business associate" however, and solely in its role as a business associate, the Company, may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that you provide to the Company, the medical group or its providers ("PHI"). Further, 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 Health Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Health Information does not include information that has been de-identified in accordance with applicable laws. The contracted medical groups and their providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Site, you acknowledge receipt of the Notice of Privacy Practices from your medical group and its contracted provider(s).
By accessing or using any part of the Site, you understand that even if HIPAA does apply to the Company, the medical groups, their providers, the labs, or the pharmacies, any information that you submit to the Company that is not intended and used solely for the provision of diagnosis and treatment by the medical group and its providers, lab services by the labs or prescription fulfillment by the pharmacies, is not considered Protected Health Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to the Company to register and set up an account on the Site, including name, username, email address, shipping address and phone number, are not considered Protected Health Information.
Data Retention
The Company may retain your information for as long as it believes necessary; as long as necessary to comply with its 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 Site or Company. The Company may dispose of or delete any such information at any time except as set forth in any other agreement or document executed by the Company or as required by law.
Similarly, the medical groups, the providers, pharmacies, and labs 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 their products and/or services. The medical groups, providers, pharmacies, and labs may dispose of or delete any such information at any time except as set forth in any other agreement or document executed by such parties or as required by law. Other third parties with whom we share your information have their own policies and procedures with respect to how long they may retain your information and how and when they dispose of or delete your information.
Transactions
In connection with any transaction that you conduct through the Site, you may be asked to supply certain information relevant to the transaction, including your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant the Company without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application(s) accessible through the Site. This online payment processing application(s) is provided by third-party online payment processing vendors. Additional information about the vendor, its privacy policy and its information security measures should be available on the vendor website or by contacting the vendor directly. Reference is made to the vendor for informational purposes only and in no way incorporated into or made a part of this Privacy Policy. The Company’s relationship with payment processing vendor, if any, is merely contractual in nature, as the vendor is nothing more than a third-party vendor, and is in no way subject to our direction or control. Hence, the relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
California Residents
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information. If applicable, the following would apply:
1. Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this statement.
2. Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy statement. You may make such a “request to know” by visiting our Site or emailing us at info@PrescribedEssence.com.
3. Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, email us at info@PrescribedEssence.com.
4. Right to Opt-Out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA. Note that the CCPA defines “sell,” “share,” and “personal information” very broadly, and some of our data sharing described in this privacy statement may be considered a “sale” or “sharing” under those definitions. In particular, we may let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our sites and apps when you use our online services, but do not “sell” or “share” any other types of personal information. If you do not wish for us or our partners to “sell” or “share” personal information relating to your visits to our sites for advertising purposes, you can make your request by clicking on the “Do Not Sell or Share My Personal Information” link at the bottom of the page or using a Global Privacy Control. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” or “shared” personal information or stop all interest-based advertising.
5. We do not knowingly sell or share the personal information of minors under 16 years of age.
6. Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law.
7. To opt-out from such additional purposes, please visit click on “Your Privacy Choices” page or use the Global Privacy Control described in the “Choice and Control” section.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account. Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.
Notice of Privacy Practices (HIPAA & California CMIA Privacy Policy)
Prescribed Essence is committed to protecting your privacy and the confidentiality of your health information. This notice describes how we may use and disclose your protected health information (PHI), your rights regarding that information, and our legal duties under both the federal Health Insurance Portability and Accountability Act (HIPAA) and the California Confidentiality of Medical Information Act (CMIA).
Article I. How We May Use and Disclose Your Health Information
We may use and disclose your PHI in the following ways:
- For Treatment: To provide, coordinate, or manage your healthcare, including sharing information with doctors, nurses, pharmacists, or other healthcare professionals involved in your care.
- For Payment: To bill and collect payment from you, an insurance company, or a third party.
- For Healthcare Operations: To run our business, improve services, and ensure quality care.
- As Required by Law: We may disclose PHI if required by federal, state, or local law.
- To Prevent Harm: If you are at risk of harming yourself or others, we may disclose PHI to protect you or others.
- Other Permitted Uses: Such as public health activities, reporting abuse or neglect, responding to court orders, or law enforcement requests, as permitted by law.
Any other use or disclosure of your PHI will require your written authorization. Under CMIA and HIPAA, we will not sell or use your health information for marketing purposes without your explicit written authorization.
Article II. Your Rights Regarding Your Health Information
You have the right to:
- Inspect and Copy your PHI.
- Request an Amendment if you believe your PHI is incorrect or incomplete.
- Request Restrictions on how we use or disclose your PHI (though we are not always required to agree).
- Request Confidential Communications (for example, receive mail at a different address).
- Receive an Accounting of Disclosures showing when and why we shared your PHI.
- File a Complaint if you believe your privacy rights have been violated. You will not be penalized for filing a complaint.
Under California law (CMIA), patients have the right to receive a copy of their medical records within 15 business days of submitting a written request.
Article III. Our Legal Duties
- We are required by HIPAA and CMIA to maintain the privacy of your PHI.
- We are required to provide you with this Notice of Privacy Practices.
- We are required to notify you in the event of a breach of unsecured PHI.
- We must follow the terms of this notice for as long as it is in effect.
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Site. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Site. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
PRESCRIBED ESSENCE RX, Inc.
5413 Valley Blvd, Los Angeles, CA 90032
