Privacy Policy

Privacy Policy

Last modified: September 16, 2021

 

PRIVACY POLICY

 

Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information collected from the VitaMed mobile application (the “App”).


 

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, DO NOT DOWNLOAD, REGISTER WITH, OR USE THE APP. BY DOWNLOADING, REGISTERING WITH, OR USING THE APP, YOU AGREE TO THIS PRIVACY POLICY AND THE COMPANY’S COLLECTION AND SHARING OF YOUR INFORMATION ACCORDING TO THE TERMS OF THIS PRIVACY POLICY. THIS POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THE APP AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE POLICY PERIODICALLY FOR UPDATES.

Changes to Our Privacy Policy

We reserve the right, in our sole discretion, to update, change, modify, add or remove portions of this Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by an in-App alert the first time you use the App after we make the change. We may also notify you by email and/or text message to the primary email address and/or phone number specified in your account if we have this information. Any changes to this Privacy Policy will be in effect as of the “Last Modified” date referenced in this Privacy Policy. You are expected to, and you acknowledge and agree, that it is your responsibility to, carefully review this Privacy Policy prior to using the App and from time to time so you are aware of any changes.

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are under 18, you must get a parent or guardian to use the app on your behalf. If you are under 18, do not use or provide any information on the App or provide any information about yourself to us, including your name, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18 (other than the information entered by a parent or guardian for the purposes of using the app), please contact us at.

Information We Collect and How We Collect It

We collect information from and about users of our App when they provide us information directly and when they use the App. This information includes:

 

When you download, register with, or use the App, we may ask you to provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, password, or any other identifier by which you may be contacted online or offline.

  • Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting or updating information when using the App, and 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 the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys available on the App.

  • Your search queries on the App.

  • Information you share using certain features of the App, such as the “Share With a Friend” feature, in which case we may collect information about what was shared. 

You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties 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.


Automatic Information Collection and Tracking

When you download and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App. We may also anonymously collect the names of medications that you favorite while using the App.

• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

• Location Information. If you configure your device and the App to use location services, the App may collect real-time information about the location of your device.

 

If you do not want us to collect location information then disable location sharing with the App in your settings menu.

 

We also may use these technologies to collect information about your activities on the App over time, but we do not use these technologies to collect information about your activities on third-party websites, apps, or other online services (behavioral tracking). “Do Not Track” is a proposed standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this privacy policy and we do not currently respond to “Do Not Track” signals in the App or on third-party websites or online services where we may collect information. 

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of our App.

  • Web Beacons. Pages of the App 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 us, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Content providers.

  • Advertisers, ad networks, and ad servers.

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the App. 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 apps. 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 “Your Choices About Our Collection, Use, and Disclosure of Your Information.”

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • Where you have given consent, including where you have provided the information as part of creating an account to access the App and its contents or to initiate a purchase through the App, 

  • To provide products or services to you as you have requested.

  • To give you notices about your account.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

  • To notify you when App updates are available, and of changes to any services we offer or provide through the App.

  • To comply with our legal and regulatory obligations, including gathering and providing information required by or relating to audits, inquiries, or investigations by regulatory bodies, and to prevent and detect fraud.

  • For our legitimate interests or those of a third party.

  • Operational reasons, such as improving efficiency, training, and quality control.

  • Marketing our services.

 

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our

App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.



 

We may use the information we collect to display advertisements to our advertisers’ target audiences. 

 

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

 

In addition, we may disclose personal information that we collect or you provide:

  • 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 the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our App users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA and Terms of Use.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  • Tracking Technologies. The App may store cookies, but does not access cookies from external browsers and does not exchange any cookie data with our servers or store any cookie data in our databases. You may also be able to choose whether or not to allow the App to collect information through other tracking technologies by changing your device’s settings. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use information about your device’s location through the device’s and the App’s menu/settings options. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.

  • Disclosure of Your Information for Third-Party Advertising and Marketing. The Company may sell or share aggregated information about our users, and information that does not identify any individual or device, with unaffiliated third parties for promotional purposes, but the Company does not share personal information of our users with unaffiliated third parties for promotional purposes.

  • Email Messages. You can unsubscribe from our email messages by following the directions included at the bottom of the email messages and using the “Unsubscribe” link found in the email messages.

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.

 

​Personal Information We Sold or Disclosed for a Business Purpose

 

In the preceding 12 months, we have not sold any Personal Information to a third party or disclosed any Personal Information for a business purpose to one or more third parties. 


 

Individually Identifiable Health Information

The App does not collect or transmit individually identifiable health information. The App’s content and the information collected and transmitted by the App is not, and is not intended to be, subject to applicable federal, state, local, and international laws regarding individually identifiable health information, including the provisions of the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and the regulations promulgated under the foregoing from time to time by the United States Department of Health and Human Services.

Linked Apps and Websites

This Privacy Policy is applicable only to the App and does not apply to any third-party apps or websites. The App may contain links to, and media and other content from, other apps and websites. In addition, such third-party media and content may also contain external links. Because of the dynamic media capabilities of the App, it may not be clear to you which links are embedded in the App and which are embedded in third-party media and/or content. The Company cannot and does not guarantee the privacy policies and practices of any third party. The Company does not control, operate, or endorse any information, products, or services of any third-party apps or websites that may be reached through links from the App. The Company is providing these links only as a convenience to you.

The use of any personal information provided by you to, or automatically collected from, a third party will be governed by that party's privacy policies. If you are unsure whether an app or website is controlled, affiliated, or managed by the Company, you should review the privacy policies at each linked app or website to determine how that site treats your personal information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

 

Your California Privacy Rights

 

If you are a resident of California, you may have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

 

Disclosure of Personal Information We Collect About You

You may have the right to know:

  • The categories of personal information we have collected about you;

  • The categories of sources from which the personal information is collected;

  • Our business or commercial purpose for collecting or selling personal information;

  • The categories of third parties with whom we share personal information if any; and

  • The specific pieces of personal information we have collected about you.

Please note that we are not required to:

  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

  • Provide the personal information to you more than twice in a 12-month period.

Personal Information Sold or Used for a Business Purpose

In connection with any personal information we may sell or disclose to a third party for a business purpose, you may have the right to know:

  • The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

  • The categories of personal information that we disclosed about you for a business purpose.

You may have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale of your personal information email us at Info@VitaMedapp.com

 

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records; and

  • Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

  • Debug to identify and repair errors that impair existing intended functionality;

  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

  • Comply with the California Electronic Communications Privacy Act;

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

  • Comply with an existing legal obligation; or

  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

  • Deny goods or services to you;

  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

  • Provide a different level or quality of goods or services to you; or

  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you if that difference is reasonably related to the value provided to our business by your personal information.

  1. How to Exercise Your Rights. Application users may delete their account and control their data options on the settings of the Application. California and European users may exercise their rights at:

  • In our app under the Privacy Settings in Account Settings

  • Call us, toll-free, at (800-453-7287)

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact us directly (i.e., outside of logging in to your account on our App), you will need to provide us with:

  • Enough information to identify you (e.g., your full name, address);

  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

 

Governing Law

This Privacy Policy shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. Any controversy, dispute, or claim arising out of or related to this Privacy Policy shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Texas, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. You and the Company agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

OTCMeds, LLC
17503 La Cantera Pkwy STE 104-465
San Antonio, TX 78257

or via email at Info@VitaMedapp.com or via telephone: (800-453-7287)

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