THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
PharmAvail, Inc. is your health plan’s pharmacy benefit manager. PharmAvail is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Statement applies to the PharmAvail Web site and governs data collection and usage. By using the PharmAvail Web site, you consent to the data practices described in this statement.
PharmAvail is a pharmacy benefit manager and not a pharmacy or health plan. You have access to this App, Site and Services because the employer health plan (“Health Plan”) that provide your prescription drug benefits has contracted with PharmAvail to manage your drug benefit. All drug coverage rules, copays, prior authorization, step therapy and formulary requirements are decided by your Health plan.
These Terms of Use apply to all users of the Services (“Users”), who are persons, their dependent spouses or partners, their dependent children over the age of 18 who have prescription benefits under the Health Plan. If you do not agree with any part of these Terms of Use, you must not use the Service. Your continued use of the Service will constitute your acceptance of these Terms of use.
General Terms
Eligibility for Services: In order to use our Service, you must meet a number of conditions, including but not limited to:
• You must be over the age of eighteen (18).
• You must be an individual covered by a Health Plan contracted with us.
• You must not sign up or use the Services on behalf of any person or entity other than yourself, a person to whom you are a legal guardian, and/or a person on whose behalf you are legally authorized to act (e.g., a spouse or family member under certain medical protocols).
• You must provide us with personal information and other information that we deem necessary to provide you with our Service.
Account Creation: In order to access certain features of the Service, you must create an account (“User Account”) and become a “Registered User”. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You should not reveal your username or password to any other person. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address. You agree to indemnify PharmAvail and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your User Account. This includes illegal or improper use by someone to whom you have given permission to use your User Account or whom you have negligently allowed to access your User Account.
Services: The Services include your ability to request and receive prescription information, including but not limited to, drug coverage, copayments and deductibles, pharmacy locations, drug prices, rewards and coupons. You consent to receive personal and prescription-related communications from us, be contacted by us and communicate with us with via text messaging, emails, chat and phone. You acknowledge that electronic communications are not completely secure and that there may be some risks that your personal or prescription-related information may be seen or obtained by a third party.
PERMITTED USES AND DISCLOSURES OF YOUR PHI
Children Under the Age of 13
We do not knowingly collect personal information through the Site from children under the age of 13. Any information of a child under the age of 13 that is provided to us must be provided by a parent or legal guardian, and not by a child under the age of 13 who is using the Site. If you are the parent or legal guardian of a child under the age of 13 and become aware that the child has provided personal information through the Site without parental/guardian consent, please notify us promptly. If we become aware that a child under age 13 has provided us with Personal Information without parental/guardian consent, we will take steps to remove it.
Collection and Use of your personal information:
PharmAvail collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. PharmAvail also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by PharmAvail. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by PharmAvail for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the PharmAvail Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through PharmAvail public message boards, this information may be collected and used by others. Note: PharmAvail does not read any of your private online communications.
PharmAvail collects and uses your personal information to operate the PharmAvail Web site and deliver the services you have requested. PharmAvail also uses your personally identifiable information to inform you of other products or services available from PharmAvail and its affiliates. PharmAvail may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
PharmAvail does not sell, rent or lease its customer lists to third parties. PharmAvail may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, PharmAvail may share data with trusted partners to help us perform statistical analysis, send you email or postal
mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PharmAvail, and they are required to maintain the confidentiality of your information.
PharmAvail does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
PharmAvail keeps track of the Web sites and pages our customers visit within PharmAvail, in order to determine what PharmAvail services are the most popular. This data is used to deliver customized content and advertising within PharmAvail to customers whose behavior indicates that they are interested in a particular subject area. PharmAvail Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
When permitted by applicable law, we may also:
Combine information you provide us, or that we may have collected from third parties, with other information maintained by us, and use that combined information for any of the above purposes; and/or De-identify your information by removing information typically used to identify you (such as your name, phone number, email address, and Member ID) and use that de-identified information for any purpose permitted by law.
Cookies
We use cookies to collect, store and sometimes track information from your computer or mobile device automatically for statistical purposes to improve the Site. If you use our Site, we will use a cookie, web beacons and other similar technologies on our website to save your settings and to provide customizable and personalized services. A cookie is a unique numeric code that we transfer to your computer that lets us know your location, the drug information visited while on our website and the third-party websites you visited before accessing our website. If you are a Registered User, the foregoing information is associated with your account information. Web beacons are small pieces of code placed on our website that allow us to obtain information about website usage. We retain the information we receive from the cookies we place on your computer. These cookies do not enable third parties to access any of your personal information.
If you prefer not to receive cookies from the Site, then set your browser to refuse all cookies from any websites that you may visit. This will provide you with more control over the acceptance of cookies on your computer. However, it is possibility that some portions of the Site will not function properly or may perform more slowly. By using our Site and not disabling cookies, you consent to their use. Please note that other tracking technologies may still function.
Linking Disclaimer
Our Site may include links to external third-party websites and online services that are not under our control. We are not responsible for the collection, use, and disclosure of your information on those websites and other online services provided by those third parties. We encourage you to review the privacy policies and terms of use of each website and other online service you visit. The inclusion of links to external third-party websites and online services does not imply endorsement of, or association with, such websites and online services by us, or any warranty of any kind, either express or implied.
YOUR RIGHTS WITH RESPECT TO YOUR PHI
You have the following rights regarding PHI we maintain about you:
• Right to Inspect and Copy: Subject to some restrictions, you may inspect and copy PHI that may be used to make decisions about you. If we maintain an electronic health record containing your PHI, you have the right to request that we send a copy of your PHI in an electronic format to you or to a third party that you identify.
• Right to Amend: If you believe PHI about you is incorrect or incomplete, you may ask us to amend the information. You must provide a reason supporting your request to amend.
• Right to an Accounting of Disclosures: You have the right to request an accounting of disclosures of your PHI. This accounting identifies the disclosures we have made of your PHI other than for treatment, payment or healthcare operations. The provision of an accounting of disclosures is subject to certain restrictions.
• Right to Request Restrictions: You have the right to request a restriction or limitation on the PHI we use and disclose about you for treatment, payment or healthcare operations. You may also request your PHI not be disclosed to family members or friends who may be involved in your care or paying for your care. Your request must: 1. be in writing; 2. state the restrictions you are requesting; and 3. state to whom the restriction applies. We are not required to agree to your request. If we do agree, we will comply with your request unless the restricted information is needed to provide you with emergency treatment. We will agree to your request to restrict PHI disclosed to a health plan for payment or healthcare operations (that is, non-treatment) purposes if the information is about a medication for which you paid us, out-of-pocket, in full.
• Confidential Communications: You may ask that we communicate with you in an alternate way or at an alternate location to protect the confidentiality of your PHI. Your request must state an alternate method or location you would like us to use to communicate your PHI to you.
• Right to be Notified: You have the right to be notified following a breach of unsecured PHI if your PHI is affected.
• Right to a Paper Copy of This Notice: You have the right to request a paper copy of this Notice at any time. Even if we have agreed to provide this Notice electronically, you are still entitled to a paper copy. You may obtain a copy of this Notice from our website at pharmavail.com/privacy-policy.
• Right to File a Complaint: If you believe we have violated your privacy rights, you may file a written complaint to PharmAvail at the address listed below.
Contacting us:
Written complaints, written revocation of authorization to use or disclose PHI, written requests for a copy of your PHI, amendment to your PHI, an accounting of disclosures, restrictions on your PHI or confidential communications may be mailed to:
PharmAvail
Attn: Privacy Officer
6 Concourse Parkway, Suite 1475
Atlanta, GA 30328
Email: privacy@pharmavail.com
Please include your name, address, and patient ID number.
We reserve the right to revise this Notice. A revised Notice will be effective for PHI we already have about you, as well as any PHI we may receive in the future. We will communicate revisions to this Notice through our website, pharmavail.com/privacy-policy.