PRIVACY AND SECURITY POLICY
BLUECHEW values your privacy and the security of your information. BLUECHEW is a technology platform which enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of erectile dysfunction. This Privacy and Security policy applies to Websites we own, including BlueChew.com, and our Services accessible through the Websites, which enable registered users to communicate with third party health care providers which provide health care services via telemedicine. All medical care is provided by the following provider-owned businesses: Delaware Telehealth Medical Group, P.A., Kansas Telehealth Medical Group, P.A., Florida Telehealth Medical Group, P.A., New Jersey Telehealth Medical Group, P.A., and California Telehealth Medical Group, P.C.
PLEASE REVIEW THIS PRIVACY AND SECURITY POLICY CAREFULLY. It describes how we collect, use, and disclose information that we obtain about visitors to our Websites and users of our Services. This Privacy and Security Policy is incorporated into our general Terms and Conditions, which can be accessed here. Any capitalized terms not defined in this Privacy and Security Policy have the meanings provided in the Terms and Conditions. By visiting the Websites or using our Services, you agree that your personal information will be handled as described in this Policy.
INFORMATION WE COLLECT ABOUT YOU
We may collect information about you directly from you and from third parties, as well as automatically through your use of the Websites or our Services.
Information We Collect Directly From You
You may browse the informational areas of the Websites without creating an account. However, registration is required to use the Services. To register, you are asked to provide certain identifying information, such as your name, date of birth, address, email, phone, as well as a user ID and password, and government or other picture ID. You may also provide other information, such as credit card and billing information, pictures and communications preferences.
To register, you will communicate health-related information to BLUECHEW and to the healthcare provider with whom you are connected through the BLUECHEW platform, such as medical records, health background, health status, and prescribed and over-the-counter medications. This may include individually identifiable health information that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care, that is protected by federal law (HIPAA, the HITECH Act, and related regulations) and state privacy laws. This health information is known as “protected health information,” or “PHI”. The provider-owned businesses listed above have adopted a Notice of Privacy Practices that describes how they use and disclose health information. By accessing or using any part of our Services, you are acknowledging receipt of the Notice of Privacy Practices from your provider. BLUECHEW does not collect your PHI without your authorization, although registration and the use of certain features of the Websites or Services will require you to provide certain information to us.
Information you provide via BLUECHEW in order to register and set up an account, including name, username, email address, shipping address and phone number, are not considered protected information.
Information may be transmitted via various methods, including:
- dynamic intake forms where you enter information electronically via our platform;
- store-and-forward (also known as “asynchronous) technology, which involves the electronic transmission of your medical information and records, such as medical history, doctor’s notes, diagnostic tests, documents, photos and videos;
- secure messaging, including email and text messages;
- real time chat and telephone; and
- live 2-way video and audio.
Information We Receive from Others
BLUECHEW may also receive information about you from third parties, which may include physicians, medical practices and pharmacies that BLUECHEW works with as part of providing our Services.
Information We Collect Automatically
Like many other websites, we may automatically collect information about your use of our Websites and Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the referring URL, or the webpage that led you to the Websites; pages visited and average time spent on the Websites. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve web design and functionality.
HOW WE MAY USE YOUR INFORMATION
We use the information that we collect or receive about you in order to:
- provide our Services;
- facilitate the provision of healthcare services to you;
- communicate with you about the Websites and your use of our Services, to respond to your inquiries, to provide technical support and assistance, to deliver any administrative notices or alerts and communications relevant to your use of the Website or Services, and for other customer service purposes;.
- verify your identity in registering and holding an account;
- administer your account, including processing payments and coordinating the fulfillment of any orders and prescriptions you receive from your healthcare providers;
- provide, operate, analyze usage of and improve the Websites and Services;
- tailor the features, performance and support of the Websites and Services to you and your preferences;
- display advertising on our Websites;
- market our services and those of third parties we believe may be of interest to you when you have given us express authorization to do so;
- investigate, prevent, defend against potential violations of BLUECHEW’s Terms and Conditions and any illegal activities;
- fulfill any obligation of BLUECHEW as required by law;
- for any other purpose for which you provide your consent.
HOW WE MAY SHARE YOUR INFORMATION WITH OTHERS
Non-Personally Identifiable Information
BLUECHEW may share aggregate or de-identified information (in other words, information that does not personally identify you) without restriction, subject to applicable law. Without limitation, this may include sharing information with third parties for marketing, advertising, research or other purposes.
Personally Identifiable Information
BLUECHEW may share information about you, including health information and other information that personally identifies you, as follows:
- with healthcare providers with whom you are connected via BLUECHEW for the provision of their healthcare services to you;
- with pharmacies, to fulfill prescriptions from your healthcare providers and coordinate medication orders;
- with service providers that we use to support the Websites or otherwise in connection with administering and providing our Services, and billing and collections, including without limitation any third party payment processor;
- with other third parties as we deem appropriate or necessary to comply with applicable laws or legal process, such as in response to a subpoena in compliance with applicable privacy laws, or to enforce our Terms and Conditions;
- to a buyer or successor in the event of a sale, merger or other transaction that involves the transfer of such information to the other company.
PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION
BLUECHEW employs reasonable technical, physical, administrative and organizational safeguards to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction.
While BLUECHEW takes extensive measures to protect your personally identifiable information, it cannot ensure or guarantee the security of any information you transmit to BLUECHEW or through the Websites or our platform. BLUECHEW DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR HEALTH INFORMATION WILL NOT BE COMPROMISED.
THIS PRIVACY AND SECURITY POLICY ONLY APPLIES TO BLUECHEW
As a technology platform and not a healthcare provider, BLUECHEW may not be a “covered entity” under HIPAA. However, the physicians and other health care providers you connect with through our platform may be a “covered entity” and therefore subject to HIPAA, and BLUECHEW has agreed with those healthcare providers to ensure that our Services are HIPAA-compliant.
BLUECHEW DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR HEALTH INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION. Although we work closely with healthcare providers with whom you are connected via the BLUECHEW platform, this Privacy and Security Policy cannot and does not address how those healthcare providers will use and disclose information obtained via the platform. If you would like this information, we recommend that you ask your healthcare provider directly regarding their privacy practices.
WHAT YOU SHOULD DO TO PROTECT YOUR INFORMATION
Your cooperation is imperative in safeguarding your personally identifiable information and PHI. Choose your Account password carefully, as anyone with access to your account password may be able to assume your online identity, view and modify your information, including PHI and treatment information, communicate with BLUECHEW and your health care provider via the platform, and take other action. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password, and keeping your log-in and password private. Additionally, you will periodically receive email correspondence from BLUECHEW that may include information relating to the details of your treatment or account. Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address indicates your consent for BLUECHEW to transmit your personally identifiable information and PHI to such address.
OPTING OUT OF FUTURE COMMUNICATIONS
You can stop receiving marketing emails from BLUECHEW by clicking the unsubscribe link included at the bottom of a BLUECHEW marketing email. You cannot opt out of certain emails we need to send you relating to normal business operations (for example, notifying you of a message from your healthcare provider). To opt out of all emails from BLUECHEW, you may email SUPPORT@BLUECHEW.COM and cancel your BLUECHEW membership.
ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONALLY IDENTIFIABLE INFORMATION
You may access and update certain information, or deactivate your account from your profile page after logging into your account. Additionally, you may at any time request to access, correct or update any personal information or PHI by contacting us at SUPPORT@BLUECHEW.COM.
BLUECHEW will make reasonable efforts to respond promptly to all such requests. In certain circumstances, BLUECHEW may deny your request, such as if we believe the request would violate any law or cause the information to be inaccurate. We will inform you of the reason for any such denial.
You may at any time make a request for BLUECHEW to delete your personal information. BLUECHEW will promptly comply with all such requests, unless not such requests are in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your personal information, it will be deleted from the active database, but may remain in our archives. We may also retain and continue to use any information that does not personally identify you. Further, to the extent your personal information has been disclosed to third parties, BLUECHEW may not be able to access such personal information or cause the deletion or modification of such personal information by the relevant third parties.
As you browse our Websites, advertising cookies may be placed on your computer so that we can understand what you are interested in. We may work with display advertising partners, such as AdRoll, that enable us to present you with retargeted advertising on other sites based on your previous interaction with BLUECHEW. The techniques our partners employ do not collect you personal information.
MODIFICATIONS TO THIS PRIVACY AND SECURITY POLICY
We reserve the right to modify this Privacy and Security Policy at any time. If we change the terms of this Privacy and Security Policy, we will post the new Privacy and Security Policy and you agree that such posting constitutes notice of the new Privacy and Security Policy to you. We recommend that you read this Privacy and Security Policy each time you use the Websites. If you object to any changes to this Privacy and Security Policy your sole recourse will be to cease using the Websites and Services. Your continued access to and usage of the Websites or Services signifies your acknowledgement and acceptance of any changes to the Privacy and Security Policy and your agreement to be bound thereby. The terms of any new Privacy and Security Policy will apply to all personal information, including personal information that was created or received before such changes were made.
You should report any suspected violations of this Privacy and Security Policy to SUPPORT@BLUECHEW.COM.
If you have questions or concerns about this Privacy and Security Policy, please contact us at SUPPORT@BLUECHEW.COM.
PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS
The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with additional information on how we collect, use, and share “personal information” (as defined in the CCPA).
Categories of personal information that we collect
Under the CCPA, we are required to provide you with the categories of personal information we collect. The categories of personal information that we collect are as follows: identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); internet or other network or device activity (such as IP address); general geolocation information; legally protected classifications (we only collect your gender); medical information; physical characteristics or description; and other information that identifies or can be reasonably associated with you.
How we use and share these categories of personal information.
We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy and Security policy. Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not sell your personal information in exchange for money.
Your California Privacy Rights
CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain information we hold about you.
- Delete certain information we have about you.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request.
If you are a California resident and you would like to exercise any of your data rights under California law, email us at SUPPORT@BLUECHEW.COM or call (970)438-2583. Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.
Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
PRIVACY INFORMATION FOR NEVADA RESIDENTS
Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by following the CCPA - Do Not Sell My Info link in the footer. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.