Privacy Policy

Effective as of September 1st, 2019

This privacy and security policy (collectively, this “privacy policy“) describes how your personal information may be collected, used and disclosed by EHealthscripts, LLC (dba MENDOWN.COM) and its subsidiaries and affiliates (collectively, “MENDOWN”, “we“, “us“, or “our“) by (a) using the website operated by MENDOWN located at http://www.MENDOWN.com or other related websites and/or mobile applications operated by MENDOWN (collectively, the “website“), (b) purchasing and/or using the products and/or services provided by us thereunder (together, the “products“), and/or (c) providing your personal information to MENDOWN, you signify your acknowledgement and agreement to this privacy policy, whether or not you register for an account with MENDOWN through the website (an “account”). If you do not agree with any provision in this privacy policy, please do not use the website, purchase or use the services or products, provide your personal information to MENDOWN, or register for an account. this privacy policy does not apply to websites or applications that display or link to different privacy policies. PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY.

In addition to this privacy policy, MENDOWN has established terms of service that set forth the general rules and policies governing your use of the website. A copy of the terms of service can be found HERE.

MENDOWN’S COMMITMENT TO YOUR PRIVACY

MENDOWN understands that your health information is very personal, and is dedicated to maintaining the privacy of your personally identifiable information, including your protected health information (collectively, “PII”). PII includes information about you that may be used to identify you (such as your name, date of birth, or address), and 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. In operating the Website, MENDOWN may receive information and create records containing your PII. MENDOWN is required by law to maintain the privacy of your PII and to provide you with notice of its legal duties and privacy practices with respect to your PII.

COLLECTION, USE AND DISCLOSURE OF NON-PERSONALLY IDENTIFIABLE INFORMATION

MENDOWN may collect information about your use of the Website that does not contain any PII, or may aggregate or create de-identified information that does not contain any PII by removing information that personally identifies you from other information collected (collectively, “Anonymous Information”). MENDOWN reserves the right to use or disclose Anonymous Information without restriction, subject to applicable law.

COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION

MENDOWN does not collect your PII without your authorization, though the use of certain features of the Website or Services will require you to provide certain information to us. Any information you provide to us when you visit or use the Website and/or when you register or use your Account is voluntary.

This information may include the following PII:

Contact information, including, without limitation, name, email address, mailing address, and phone number; and Health or medical information, including, without limitation, medical records, age, gender, health background, health status, prescribed and over-the-counter medications, medical ID number, driver’s license number, laboratory testing results, and photos). With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by 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”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to MENDOWN on or through the Website or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of EHealthscripts, LLC (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services. Subject to the restrictions on the use and disclosure of your PII under applicable law, MENDOWN may use and disclose your PII (including to third parties) to:
Provide for the medical diagnosis and treatment of erectile dysfunction.
Provide, operate, analyze usage of and improve the Website and Products.
Verify your identity as the holder of an Account.
Administer your Account or process payments.
Communicate with you about the Website and Products, and to deliver any administrative notices or alerts and communications relevant to your use of the Website or Products.
Tailor the features, performance and support of the Website and Products to you and your preferences.
Troubleshoot problems with the Website and provide you with customer support.
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, deter, prevent, defend against or take other action regarding violations of MENDOWN’s Terms of Service, illegal activities, suspected fraud or situations involving potential threats to the legal rights or physical safety of any person or the security of MENDOWN’s network, Website or Products.
Respond to subpoenas, court orders or legal processes.
Facilitate the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another person or entity.
Protect the personal safety of MENDOWN, its customers, or any other person in an emergency.
Fulfill any other obligation of MENDOWN as required by law.

In the event that we are legally compelled to disclose your PII to a third party, we will make every reasonable effort to notify you, unless doing so would violate the applicable law, court order or other legal requirement.

Additionally, when you visit the Website or use your Account, MENDOWN may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited and average time spent on the Website. 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.

PROTECTED HEALTH INFORMATION: YOUR INFORMATION. YOUR RIGHTS. OUR RESPONSBILITIES

_{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.}

Your Rights

You have the right to:

Get a copy of your health and claims records
Correct your health and claims records
Request confidential communication
Ask us to limit the information we share
Get a list of those with whom we’ve shared your information
Get a copy of this privacy notice
Choose someone to act for you
File a complaint if you believe your privacy rights have been violated

Your Choices

You have some choices in the way that we use and share information as we:

Answer coverage questions from your family and friends
Provide disaster relief
Market our services and sell your information

Our Uses and Disclosures

We may use and share your information as we:

Help manage the health care treatment you receive
Run our organization
Pay for your health services
Administer your health plan
Help with public health and safety issues
Do research
Comply with the law
Respond to organ and tissue donation requests and work with a medical examiner or funeral director
Address workers’ compensation, law enforcement, and other government requests
Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get a copy of health and claims records

You can ask to see or get a copy of your health and claims records and other health information we have about you. Ask us how to do this.
We will provide a copy or a summary of your health and claims records, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct health and claims records

You can ask us to correct your health and claims records if you think they are incorrect or incomplete. Ask us how to do this.
We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
We will consider all reasonable requests, and must say “yes” if you tell us you would be in danger if we do not.

Ask us to limit what we use or share

You can ask us not to use or share certain health information for treatment, payment, or our operations.
We are not required to agree to your request, and we may say “no” if it would affect your care.

Get a list of those with whom we’ve shared information

You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

You can complain if you feel we have violated your rights by contacting us using the information on page 1.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

Share information with your family, close friends, or others involved in payment for your care
Share information in a disaster relief situation

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

Marketing purposes
Sale of your information

Our Uses and Disclosures

How do we typically use or share your health information?

We typically use or share your health information in the following ways.

Help manage the health care treatment you receive

We can use your health information and share it with professionals who are treating you.

Example: A doctor sends us information about your diagnosis and treatment plan so we can arrange additional services.

Run our organization

We can use and disclose your information to run our organization and contact you when necessary.
We are not allowed to use genetic information to decide whether we will give you coverage and the price of that coverage. This does not apply to long term care plans.

Example: We use health information about you to develop better services for you.

Pay for your health services

We can use and disclose your health information as we pay for your health services.

Example: We share information about you with your dental plan to coordinate payment for your dental work.

Administer your plan

We may disclose your health information to your health plan sponsor for plan administration.

Example: Your company contracts with us to provide a health plan, and we provide your company with certain statistics to explain the premiums we charge.

How else can we use or share your health information?

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as:

Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety

Do research

We can use or share your information for health research.

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests and work with a medical examiner or funeral director

We can share health information about you with organ procurement organizations.
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

For workers’ compensation claims
For law enforcement purposes or with a law enforcement official
With health oversight agencies for activities authorized by law
For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities

We are required by law to maintain the privacy and security of your protected health information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Changes to the Terms of this Notice

We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, on our web site, and we will mail a copy to you.

Other Instructions for Notice

The Effective Date of this Protected Health Information Notice is January 7, 2021.

For more information please contact support@mednown.com or call 833-636-3696

DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES

The Website may contain links to third party sites whose information, privacy and security practices may be different than ours. Before using these third party sites or providing them with your PII, you should carefully review and evaluate the privacy notices for such sites, as MENDOWN has no control over information that is submitted to, or collected by, these third parties.

In certain cases, you may be directed to a third party site to provide information to complete a transaction in connection with the Website. In such cases, any information you provide to such third party sites directly to such third party will be subject to the applicable third party’s privacy policy and terms of service. All payments made to MENDOWN will be processed by third party payment processing companies. The privacy policies of third party payment processing may differ from those of MENDOWN. Any information you submit to the third party payment processing will be governed by their privacy statements. Accordingly, MENDOWN encourages you to carefully read their privacy statements.

MENDOWN DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR PII. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION. MENDOWN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, OR SECURITY OF ANY THIRD PARTY WEBSITES. MENDOWN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF YOUR PII BY ANY SUCH THIRD PARTY IF SUCH PII IS PROVIDED TO SUCH THIRD PARTY IN COMPLIANCE WITH THIS PRIVACY POLICY.

PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

MENDOWN employs reasonable physical, electronic and managerial security measures, and follows generally accepted industry standards to safeguard your PII.

MENDOWN utilizes firewall barriers, high-grade SSL encryption techniques, and authentication procedures, among others, to maintain the security of your online sessions and to protect Accounts and systems from unauthorized access. MENDOWN software and member health records are stored on secure servers and backed up daily. All data is encrypted during storage and transmission.

MENDOWN strictly limits access to your PII. MENDOWN’s employees and agents are trained in our confidentiality and privacy policies, and only those employees and authorized agents of MENDOWN who need such information to provide you with the Products have access to your PII, and only under strictly controlled conditions. MENDOWN and its employees and agents will use PII only as necessary to provide the Products through the Website. Please be aware that no method of data transmission over the Internet or method of electronic storage can be guaranteed to be perfectly secure. As a result, while MENDOWN takes extensive measures to protect your PII, it cannot ensure or guarantee the security of any information you transmit to MENDOWN or through the Website. MENDOWN DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR PII WILL NOT BE COMPROMISED.

ONLINE WILL BE SECURE, AND YOU DO SO AT YOUR OWN RISK

Your cooperation is imperative in safeguarding your PII. Choose your Account password carefully, as anyone with access to your Account password will be able to assume your online identity and view your medical information, change your PII, and communicate with your MENDOWN health care providers. 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 may change your password from your Account profile page after logging into your Account. Additionally, you will periodically receive correspondence from MENDOWN at the email address you register with your Account. While these emails will never contain your photos (unless requested by you) or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your Account indicates your consent for MENDOWN to transmit your PII to such address.

OPTING OUT OF FUTURE COMMUNICATIONS

You can stop receiving marketing emails from MENDOWN by clicking the unsubscribe link included at the bottom of a MENDOWN 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 medical provider). To opt out of all emails from MENDOWN, you may email SUPPORT@MENDOWN.COM and cancel your MENDOWN membership

You may access and update certain information, or deactivate your Account from your Account profile page after logging into your Account. Additionally, you may at any time make a request to access, correct or update the PII that MENDOWN has collected about you by contacting us at SUPPORT@MENDOWN.COM, including requests to:

View your medical records that have been provided to MENDOWN.
Inspect and copy your PII.
Amend your PII if you believe your file is incomplete, incorrect or obsolete.
Receive an accounting of all disclosures MENDOWN has made of your PII.

MENDOWN will make reasonable efforts to respond promptly to all such requests. MENDOWN may impose a fee for the costs associated with your request, including the costs of labor, materials and/or shipping. In certain circumstances, MENDOWN may deny your request. In the event of a denial, we will inform you of the reason for such denial and you will have the opportunity to request a review of the denial and submit a statement of disagreement for inclusion in your records. MENDOWN will not verify, modify or otherwise alter any of your PII without your request or consent, provided that MENDOWN may correct any errors or modify any immaterial information at any time. You may at any time make a request for MENDOWN to delete your PII. MENDOWN will promptly comply with all such requests, but only to the extent such requests are not in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your PII, it will be deleted from the active database, but may remain in our archives; we may also retain and continue to use your Anonymous Information. Further, to the extent your PII has been disclosed to third parties; MENDOWN may not be able to access such PII or cause the deletion or modification of such PII by the relevant third parties.

ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONALLY IDENTIFIABLE INFORMATION

You may access and update certain information or deactivate your Account from your Account profile page after logging into your Account. Additionally, you may at any time make a request to access, correct or update the PII that MENDOWN has collected about you by contacting us at SUPPORT@MENDOWN.COM, including requests to:

View your medical records that have been provided to MENDOWN.
Inspect and copy your PII.
Amend your PII if you believe your file is incomplete, incorrect or obsolete.
Receive an accounting of all disclosures MENDOWN has made of your PII.

You may at any time make a request for MENDOWN to delete your PII. MENDOWN will promptly comply with all such requests, but only to the extent such requests are not in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your PII, it will be deleted from the active database, but may remain in our archives; we may also retain and continue to use your Anonymous Information. Further, to the extent your PII has been disclosed to third parties; MENDOWN may not be able to access such PII or cause the deletion or modification of such PII by the relevant third parties.

USE OF COOKIES AND OTHER TECHNOLOGIES ON THE WEBSITE

Certain features of the Website are only available through the use of cookies and other user tracking mechanisms (collectively, “Cookies“). Cookies may include small files saved on your local hard drive which store your preferences or other records, and enable MENDOWN to (a) collect information about your use of the Website, (b) understand general Website usage and volume statistical information, and (c) improve the services, experience, content and offerings on the Website. Cookies do not tell MENDOWN your email address or other PII unless you choose to provide this information to MENDOWN; for example, by registering for an Account. However, once you choose to provide your PII to MENDOWN, this information may be linked to the data stored in a Cookie. You may elect to decline Cookies if your browser has this functionality. However, if you do so, you may not be able to use certain features on the Website which are dependent on the information collected by Cookies.

As you browse MENDOWN, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner then enables us to present you with retargeting advertising on other sites based on your previous interaction with MENDOWN. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

PERSONS UNDER THE AGE OF 18

Persons under thirteen (18) years of age are not eligible to use the features, services and other aspects of the Website or the Products. If you are a parent or guardian of an individual under the age of eighteen (18) and believe your child has disclosed PII to MENDOWN without your consent or authorization, please contact us at SUPPORT@MENDOWN.COM

ASSIGNMENT

If MENDOWN or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, we may transfer, sell or assign to third parties information concerning your relationship with us, including, without limitation, PII that you provide or that has been provided on your behalf and other information concerning your relationship with MENDOWN. Such third parties will assume responsibility for the PII collected by MENDOWN in connection with MENDOWN’s business operations or through the Website and such third parties will assume the rights and obligations regarding such information as described in this Privacy Policy

AMENDMENTS

We reserve the right to amend, modify, add, delete or update the terms of this Privacy Policy at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of this Privacy Policy, we will post the new Privacy Policy on the Website and you agree that such postings constitute notice of the new Privacy Policy to you. We recommend that you read this Privacy Policy each time you use the Website. If you object to any changes to this Privacy Policy your sole recourse will be to cease using the Website and/or Products. Your continued access to and usage of the Website and/or Products signifies your acknowledgement and acceptance of any such changes to the Privacy Policy and agreement to be bound thereby. The terms of any new Privacy Policy will apply to all PII that it maintains, including PII that was created or received before such changes were made

REPORT VIOLATIONS

You should report any suspected violations of this Privacy Policy to SUPPORT@MENDOWN.COM

QUESTIONS

If you have questions or concerns about this Privacy Policy, please contact us at SUPPORT@MENDOWN.COM

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