Privacy Policy and Notice of Privacy Practices

Privacy Policy and Notice of Privacy Practices

Last modified: May 5, 2018

Thank you for visiting our website (the “Site”) and reviewing this privacy policy (the “Privacy Policy”) for our Site and the Notice of Privacy Practices for our affiliated pharmacy, ValisureRX LLC (“ValisureRX”).  This Site is owned, operated and controlled by Valisure LLC (“Valisure,” “we,” “us,” or “our”).  The first section describes the Privacy Policy for this Site and the second section provides the Notice of Privacy Practices for ValisureRX.  The Notice of Privacy Practices governs the use and disclosure of your personal health information, including personal health information you provide through this Site.

Privacy Policy

This Privacy Policy applies to this Site only.  It does not apply to other websites owned by Valisure or its affiliates, or to any sites to which we may link.  This policy describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.  Please read this Privacy 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, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Policy.  This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Children Privacy and Parental Controls

Our Site is not intended for children under 13 years of age.  We do not knowingly solicit personal information from or market to anyone under 13 years of age.  If you are under 13 years of age you may not use this Site and should not provide any information about yourself through this Site.  Our goal is to comply with applicable laws and regulations relating to the collection and use of information from children, including the Children’s Online Privacy Protection Act of the United States and other applicable laws or regulations.  Please be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.  If you believe that we received information from a child or other person protected under such laws, please notify us immediately by postal mail addressed to Valisure LLC, 5 Science Park, 2nd Floor, New Haven, CT 06511 or by email at info@valisure.com and we will take reasonable steps to remove that information from our database.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Site, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, and telephone number (“personal information”);
  • Which may contain certain personal health information if you choose to provide it (“personal health information”)
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Site and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us.

The information we collect on or through our Site may include:

  • Information that you provide by filling in forms on our Site. This includes but is not limited to information provided at the time of requesting further information or services from Valisure.  We may also ask you for information when you report a problem with our Site.
  • Records and copies of your correspondence (including email addresses), if you contact us.

Information We Collect Through Automatic Data Collection Technologies. 

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Site, including traffic data, location data, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

How We Use Your Information

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

  • To present our Site and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To notify you about changes to our Site or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • If the information is personal health information that you provided, the use of the information is subject to the Notice of Privacy Practices (below).

Disclosure of Your Information

Valisure may share your personally identifiable information with its affiliates and trusted third parties who assist us by providing services to users of the Site, including, but not limited to, survey companies, credit card processing, fulfilment processing, customer service, email distribution, and website management.

Additionally, to comply with legal requirements, cooperate with law enforcement, prevent fraud and other crimes, and protect the legal rights of Valisure and others, there are circumstances in which we may share the personal information we collect on this Site without notifying you when we, in good faith, believe disclosure is necessary to comply with the law or regulatory requirement; to comply with a subpoena, court order, or other legal process; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; to protect the legal rights, property or safety of Valisure, our subsidiaries, affiliates, officers, directors, agents, and employees, independent contractors, licensors, suppliers, partners, successors, agents, and other users or the public in general or to protect your vital interests.  We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe to be unlawful without providing notice to you.

If we merge or are combined with any other organization, or if we transfer assets or operations to another organization or company, we may disclose your personally identifiable information to third parties in connection with such sale, merger, restructuring, reorganization, dissolution or transfer of all or some of our business, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Valisure about our Site users is among the assets transferred.

If we collect personally identifiable information from you, you will receive notice when this information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.  See “Contacting Us; Opting-Out” below.

Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have industry standard measures in place to safeguard and secure information and data we collect through the Site.  It is important that you understand, however, that no website or database is completely secure or “hacker proof” and we cannot guarantee security of the information you submit to us.  You are responsible for taking personal steps to protect your personal information against unauthorized disclosure or misuse, for example, by protecting your password from unauthorized use or disclosure.

Changes to Our Privacy Policy

Please note that this Privacy Policy may be updated, modified or changed from time to time, and without prior written notice, by posting the revised version of this Privacy Policy on this Site. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Site home page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this privacy policy to check for any changes.

Contacting Us; Opting-Out

At your request and where the law requires us to do so, we will make good faith efforts to confirm what personal information we hold about you, update your information, remove your information, fulfill specific opt out requests, and/or correct any inaccuracies in such personal information if you contact us at info@valisure.com to submit such requests.  We may decline to process a request that is unreasonable, jeopardizes the rights or privacy of others, is impractical or for which access is not otherwise required.

Who to Contact
Please contact us at info@valisure.com or write to us at Valisure LLC, 5 Science Park, 2nd Floor, New Haven, CT 06511 or call 203 202 3405 if you have any comments or questions about this Privacy Policy or to report any violations of the Privacy Policy.  We will endeavor to respond to you within 24 to 48 hours in most cases.

Governing Law
This Privacy Policy and our Privacy Notices are governed under the laws of Connecticut without regard to its conflict of law provisions.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@valisure.com or write us at 5 Science Park, 2nd Floor, New Haven, CT 06511.

Notice of Privacy Practices

Some of the information we collect on this Site contains health information collected on behalf of our affiliated pharmacy, ValisureRX. The following Notice of Privacy Practices applies to the uses, disclosures and privacy practices relating to your health information collected through this Site.

 

ValisureRX Notice of Privacy Practices

This Notice of Privacy Practices (the “Notice”) applies to your protected health information and informs you of the uses and disclosures that ValisureRX LLC (“ValisureRX”) may make of your protected health information. It also describes your rights to access and control your protected health information and certain obligations ValisureRX has regarding the use and disclosure of your protected health information.

Your “protected health information” is information about you created or received by ValisureRX, including demographic information, that may reasonably identify you and that relates to your past, present or future physical or mental health or condition, or payment for the provision of your health care.

ValisureRX is required by law to maintain the privacy of your protected health information.  ValisureRX is also required by law to provide you with this Notice of its legal duties and privacy practices with respect to your protected health information and to abide by the terms of the Notice that is currently in effect.  However, ValisureRX may change this Notice at any time.  The new revised Notice will apply to all of your protected health information maintained by ValisureRX.  You will not automatically receive a revised Notice.  If you would like to receive a copy of any revised Notice you should email ValisureRX at info@valisure.com or contact  ValisureRX at 5 Science Park, 1st floor, New Haven, CT 06511.

How ValisureRX May Use or Disclose Your Protected Health Information

The following categories describe some of the different ways that ValisureRX may use or disclose your protected health information.  Even if not specifically listed below, ValisureRX may use and disclose your protected health information as permitted or required by law or as authorized by you.  ValisureRX will make reasonable efforts to limit access to your protected health information to those persons or classes of persons, as appropriate, in ValsureRX’s workforce who need access to carry out their duties.  In addition, if required, ValisureRX will make reasonable efforts to limit the protected health information to the minimum amount necessary to accomplish the intended purpose of any use or disclosure and to the extent such use or disclosure is limited by law.

For Treatment – ValisureRX may use and disclose your protected health information to provide you with pharmacy-related treatment.  For example, your protected health information may be used when ValisureRX reviews the prescriptions from your health care provider, when ValisureRX fills and dispenses your medications, or when ValisureRX counsels you on medications.  If Valisure RX is permitted to do so, it may also disclose your protected health information to individuals or facilities that will be involved with your care and for other treatment reasons.  ValisureRX may also use or disclose your protected health information in an emergency situation.

For Payment – ValisureRX may use and disclose your protected health information so that it can bill and receive payment for the pharmacy-related services you receive.  For billing and payment purposes, ValisureRX may disclose your health information to your payment source, including an insurance or managed care company, Medicare, Medicaid, or another third party payor, as applicable.  For example, ValisureRX may need to give your health plan information about the treatment you received so your health plan will pay it or reimburse it for the treatment, or ValisureRX may contact your health plan to confirm your coverage or to request prior authorization for a proposed treatment.

For Health Care Operations – ValisureRX may use and disclose your health information as necessary for its operations, such as quality assurance and improvement activities, reviewing the competence and qualifications of health care professionals, prescription-related review, legal services and auditing functions, and general administrative activities of ValisureRX.

Business Associates – There may be some services provided by ValisureRX’s business associates, such as a billing service, transcription company or legal or accounting consultants.  ValisureRX may disclose your protected health information to its business associate so that they can perform the job ValisureRX has asked them to do.  In addition, ValisureRX’s business associates may receive certain health information from you on behalf of ValisureRX and transfer that health information to ValisureRX. To protect your health information, ValisureRX requires its business associates to enter into a written contract that requires them to appropriately safeguard your information.

Refill Reminders – ValisureRX may use and disclose protected health information to contact you as a reminder that you are due for a refill.

Treatment Alternatives and Other Health-Related Benefits and Services – ValisureRX may use and disclose protected health information to tell you about or recommend possible treatment options or alternatives and to tell you about health related benefits, services, or medical education classes that may be of interest to you.

Individuals Involved in Your Care or Payment of Your Care – Unless you object, ValisureRX may disclose your protected health information to a family member, a relative, a close friend or any other person you identify, if the information relates to the person’s involvement in your health care to notify the person of your location or general condition or payment related to your health care.  If you are unable to agree or object to such a disclosure ValisureRX may disclose such information if ValisureRX determines that it is in your best interest based on their professional judgment or if ValisureRX reasonably infers that you would not object. In addition, ValisureRX may disclose your protected health information to a public or private entity authorized by law to assist in a disaster relief effort.

Public Health Activities – ValisureRX may disclose your protected health information to a public health authority that is authorized by law to collect or receive such information, such as for the purpose of preventing or controlling disease, injury, or disability; reporting births, deaths or other vital statistics; reporting child abuse or neglect; notifying individuals of recalls of products they may be using; notifying a person who may have been exposed to a disease or may be at risk of contracting or spreading a disease or condition.

Health Oversight Activities – ValisureRX may disclose your protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections, accreditation, licensure and disciplinary actions.

Judicial and Administrative Proceedings – If you are involved in a lawsuit or a dispute, ValisureRX may disclose your protected health information in response to your authorization or a court or administrative order.  ValisureRX may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process if such disclosure is permitted by law.

Law Enforcement – ValisureRX may disclose your protected health information for certain law enforcement purposes if permitted or required by law.  For example, to report gunshot wounds; to report emergencies or suspicious deaths; to comply with a court order, warrant, or similar legal process; or to answer certain requests for information concerning crimes.

Coroners, Medical Examiners, Funeral Directors, Organ Procurement Organizations – ValisureRX may release your protected health information to a coroner, medical examiner, funeral director, or, if you are an organ donor, to an organization involved in the donation of organs and tissues.

Research Purposes – Your protected health information may be used or disclosed for research purposes, but only if the use and disclosure of your information has been reviewed and approved by a special Privacy Board or Institutional Review Board, or if you provide authorization.

To Avert a Serious Threat to Health or Safety – ValisureRX may use and disclose your protected health information when necessary to prevent a serious threat to your health or safety or the health or safety of the public or another person.  Any disclosure, however, would be to someone able to help prevent the threat.

Military and National Security – If required by law, if you are a member of the armed forces, ValisureRX may use and disclose your protected health information as required by military command authorities or the Department of Veterans Affairs.  If required by law, ValisureRX may disclose your protected health information to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities authorized by law.   If required by law, ValisureRX may disclose your protected health information to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.

Workers’ Compensation – ValisureRX may use or disclose your protected health information as permitted by laws relating to workers’ compensation or related programs.

Special Rules Regarding Disclosure of Psychiatric, Substance Abuse and HIV-Related Information – For disclosures concerning protected health information relating to care for psychiatric conditions, substance abuse or HIV‑related testing and treatment, special restrictions may apply.  For example, ValisureRX generally may not disclose this specially protected information in response to a subpoena, warrant or other legal process unless you sign a special Authorization or a court orders the disclosure.

  • Mental health information.  Certain mental health information may be disclosed for treatment, payment and health care operations as permitted or required by law.  Otherwise, ValisureRX will only disclose such information pursuant to an authorization, court order or as otherwise required by law.
  • Substance abuse treatment information.  If you are treated in a specialized substance abuse program, the confidentiality of alcohol and drug abuse patient records is protected by Federal law and regulations.  Generally, if ValisureRX has information concerning your participation in such programs, ValisureRX may not say to a person outside the program that you attend the program, or disclose any information identifying you as an alcohol or drug abuser, unless:
  1. You consent in writing;
  2. The disclosure is allowed by a court order; or
  3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

Violation of these Federal laws and regulations by ValisureRX is a crime.  Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.  Federal law and regulations do not protect any information about a crime committed by a patient either at the substance abuse program or against any person who works for the program or about any threat to commit such a crime.  Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.

  • HIV‑related information.  ValisureRX may disclose HIV‑related information as permitted or required by state law.
  • Minors.  ValisureRX will comply with applicable state law when using or disclosing protected health information of minors.

 

When ValisureRX May Not Use or Disclose Your Protected Health Information

Except as described in this Notice, or as permitted by state and Federal law, ValisureRX will not use or disclose your protected health information without your written authorization.

Your written authorization will specify particular uses or disclosures that you choose to allow.  Under certain limited circumstances, ValisureRX may condition pharmacy services on the provision of an authorization, such as for research related to the pharmacy services.  If you do authorize ValisureRX to use or disclose your protected health information for reasons other than treatment, payment or health care operations, you may revoke your authorization in writing at any time by contacting ValisureRX’s Privacy Officer.  If you revoke your authorization, ValisureRX will no longer use or disclose your protected health information for the purposes covered by the authorization, except where ValisureRX has already relied on the authorization.

Psychotherapy Notes

Although not generally applicable to ValisureRX, a signed authorization or court order is required for any use or disclosure of psychotherapy notes except to carry out certain treatment, payment, or health care operations and for use by ValisureRX for treatment, for training programs, or for defense in a legal action.

Marketing

An authorization is not required to describe a health-related product or service provided by ValisureRX; to make communications to you regarding your treatment; or to direct or recommend alternative treatments, therapies, providers or settings of care for you. Otherwise, a signed authorization is required for the use or disclosure of your protected health information for a purpose that encourages you to purchase or use a product or service except for certain circumstances such as when the marketing communication is face-to-face or when marketing includes the distribution of a promotional gift of nominal value provided by ValisureRX.

Sale of Protected Health Information

A signed authorization is required for the use or disclosure of your protected health information in the event that ValisureRX directly or indirectly receives remuneration for such use or disclosure, except under certain circumstances as allowed by federal or state law. For example, authorization is not needed if the purpose of the use or disclosure is for your treatment, public health activities, or providing you with a copy of your protected health information.

Your Health Information Rights

You have the following rights with respect to your protected health information.  The following briefly describes how you may exercise these rights.

  • Right to Request Restrictions of Your Protected Health Information – You have the right to request certain restrictions or limitations on the protected health information ValisureRX uses or discloses about you.  You may request a restriction or revise a restriction on the use or disclosure of your protected health information by providing a written request stating the specific restriction requested.  ValisureRX is not required to agree to your requested restriction, unless it involves the disclosure of protected health information to a health plan for purposes of carrying out payment or health care operations that pertains solely to a health care item or service for which ValisureRX has been paid out of pocket in full.  If ValisureRX does agree to accept your requested restriction, it will comply with your request except as needed to provide you with emergency treatment.  If restricted protected health information is disclosed to a health care provider for emergency treatment, ValisureRX will request that such health care provider not further use or disclose the information.  In addition, you or ValisureRX may terminate the restriction if the other party is notified in writing of the termination.  Unless you agree, the termination of the restriction is only effective with respect to protected health information created or received after ValisureRX has informed you of the termination.
  • Right to Receive Confidential Communications – You have the right to request a reasonable accommodation regarding how you receive communications of protected health information.  You have the right to request an alternative means of communication or an alternative location where you would like to receive communications.  You may submit a request in writing to ValisureRX requesting confidential communications.
  • Right to Access, Inspect and Copy Your Protected Health Information – You have the right to access, inspect and obtain a copy of your protected health information that is used to make decisions about your care for as long as the protected health information is maintained by ValisureRX.  To access, inspect and copy your protected health information that may be used to make decisions about you, you must submit your request in writing to ValisureRX.  If you request a copy of the information, ValisureRX may charge a fee for the costs of preparing, copying, mailing or other supplies associated with your request.  ValisureRX may deny, in whole or in part, your request to access, inspect and copy your protected health information under certain limited circumstances.  If ValisureRX denies your request, ValisureRX will provide you with a written explanation of the reason for the denial.  You may have the right to have this denial reviewed by an independent health care professional designated by ValisureRX to act as a reviewing official.  This individual will not have participated in the original decision to deny your request.  You may also have the right to request a review of ValisureRX’s denial of access through a court of law.  All requirements, court costs and attorneys’ fees associated with a review of denial by a court are your responsibility.
  • Right to Amend Your Protected Health Information – You have the right to request an amendment to your protected health information for as long as the information is maintained by or for ValisureRX.  Your request must be made in writing to ValisureRX and must state the reason for the requested amendment.  If ValisureRX denies your request for amendment, it will give you a written denial including the reasons for the denial and the right to submit a written statement disagreeing with the denial.  ValisureRX may rebut your statement of disagreement.  If you do not wish to submit a written statement disagreeing with the denial, you may request that your request for amendment and your denial be disclosed with any future disclosure of your relevant information.
  • Right to Receive An Accounting of Disclosures of Protected Health Information.  You have the right to request an accounting of certain disclosures of your protected health information by ValisureRX or by others on its behalf.  To request an accounting of disclosures, you must submit a request in writing, stating a time period that is within six (6) years from the date of your request, or three (3) years for records on an electronic health record.  The first accounting provided within a twelve-month period will be free.  ValisureRX may charge you a reasonable, cost-based fee for each future request for an accounting within a single twelve-month period.  However, you will be given the opportunity to withdraw or modify your request for an accounting of disclosures in order to avoid or reduce the fee.  As stated above, in the event ValisureRX maintains an electronic health record, an accounting of disclosures from the electronic health record related to treatment, payment or health care operations will be made only for the three (3) year period preceding the request.
  • Right to Obtain A Paper Copy of Notice – You have the right to obtain a paper copy of this Notice, even if you have agreed to receive this Notice electronically.  You may request a copy of this Notice at any time by contacting ValisureRX.
  • Right to Complain – You may file a complaint with ValisureRX or the Secretary of the Department of Health and Human Services if you believe your privacy rights have been violated by ValisureRX.  You may file a complaint with ValisureRX by notifying the ValisureRX Privacy Officer of your complaint.  You will not be penalized for filing a complaint and ValisureRX will make every reasonable effort to resolve your complaint with you.

 

Contact information for ValisureRX:

5 Science Park, 1st floor
New Haven, CT 06511
Phone: 1-833-497-7370

 

Privacy Officer Contact information: 

Kaury Kucera
info@valisure.com 

Phone: 1-833-497-7370