California Privacy act

Last Updated: December 2019

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of AmericasPharmacy.com and its affiliates (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect certain personal information from you as described below. Personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, address, telephone number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law.

Age (40 years or older), sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), medical condition.

D. Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

Personal information does not include:

  • Publicly available information, which is information lawfully made available from federal, state or local government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, such as:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, when you create an account on the Site.
  • Indirectly from you. For example, from your use of our website.
  • Pharmacies.
  • Third party websites if you sign up to receive information from us about our programs or services through those websites.
  • Consumer data resellers.
  • Our clients or their agents in order for us to provide services to them. For example, a client may sponsor a discount card program and provide us with w c

Use of Personal Information

For each category of personal information we collect, we may use or disclose the personal information for one or more of the following business purposes:

  • Performing services
    • Processing transactions, such as adjudicating drug claims and fulfilling orders.
    • Customer service.
    • Account maintenance and servicing.
    • Marketing.
  • Auditing
    • Advertising analytics
    • Auditing legal and regulatory compliance
  • Security
    • Detecting security breaches
    • Protecting against fraud and malicious activity
    • Taking action against wrongdoers (e.g. fraudsters and hackers)
  • Debugging
    • Identifying and fixing technical errors
  • Short-term uses
    • Contextual ad customization that does not involve or contribute to profiling
  • Internal research to develop or demonstrate technology or product development.
  • Testing or improvement of any service. For example, to improve the functionality of our website.
  • Legal compliance. For example, as necessary or appropriate to protect the rights, property or safety of us, our clients or others, or to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We do not and will not sell your personal information unless we obtain your explicit consent to do so with respect to information we have already collected and provide prior notice with respect to personal information we have not collected. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice before we do so. We do not and will not sell the personal information of minors under 16 years of age.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose, such as to internet service providers, marketing partners, advertising networks and other entities that helps us operate or provide our services to you.. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the past twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial Information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers, such as internet service providers, marketing partners and data storage companies, to perform functions and provide services to us. We share your personal information with them only to the extent necessary for them to perform their services to us, and we require that they maintain the privacy and security of the personal information they process on our behalf.
  • Pharmacies of your choice, so that they can fill your prescriptions.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the past twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Know

You have the right to request certain information about the personal information we collected, used or disclosed about you over the past 12 months. Once we receive your request and are able to verify your identity (i.e. a verifiable request) , we will tell you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you.
  • If we disclosed your personal information for a business purpose, the categories of personal information disclosed for a business purpose.

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your request and verify your identity, we will ask you to confirm your request. Once confirmed, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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 the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Submitting Requests to Know and Delete Personal Information

You may submit a request to know or delete as described above by submitting a verifiable consumer request to us by either:

Only you or an authorized agent on your behalf may make a verifiable consumer request related to your personal information. An authorized agent is a person: (1) to whom you have provided a power of attorney pursuant to the California Probate Code sections 4000 to 4465; or (2) whom you have given written permission to make a request on your behalf.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request to know or delete your personal information twice within a 12-month period. A verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or, in the case of an agent, that you have authorized the agent to make a request on your behalf as described above. In order to allow us to verify your identity in accordance with the CCPA.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-888-495-3181
Website: www.americaspharmacy.com
Email: privacysecurity@americaspharmacy.com

Administrator:
MedImpact Healthcare Systems, Inc.
Attn: Privacy Team/Regulatory Compliance
10181 Scripps Gateway Ct.
San Diego, CA 92131