Privacy Policy
Last updated: 10.1.2023
Introduction
TelyRx, LLC (“TelyRx” “we,” or “us”) owns and operates a website (“Website”) located at www.TelyRx.com and may have previously, now or in the future own and/or operate a TelyRx mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content, any products or services provided through the Platform and any affiliated website, software or application owned or operated by TelyRx (collectively, including the Platform and the any content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise.
We are committed to respecting the privacy of users of the Service. We created this Privacy Policy to tell you how TelyRx collects, uses and discloses information in order to provide you with the Service. We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the "Last updated" date of the Privacy Policy.
If you are using the Service on behalf of an individual other than yourself, which is expressly prohibited, you nevertheless represent that you are authorized by such individual to act on such individual’s behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.
Prohibition on Use by Minors
Our Service is intended for use only by individuals who are at least eighteen (18) years of age, or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. Individuals under the age of 18 are prohibited from using the Platform. If we obtain actual knowledge that we have collected personal information through the Platform from a person under eighteen (18) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form. The foregoing is a description of TelyRx’s voluntary practices concerning personal information through the Service from certain minors and is not intended to be an admission that TelyRx is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
PROTECTED HEALTH INFORMATION
When you set up an account with TelyRx, you are creating a direct customer relationship with TelyRx that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to TelyRx, including but not limited to, your name, heigh, weight, email address, sex, shipping address, phone number and certain transactional information, that we do not consider to be “protected health information” or “medical information”.
However, in using certain components of the Service, you may also provide certain health or medical information that may be protected under applicable laws. As a licensed pharmacy, TelyRx is subject to HIPAA, which governs how we may use and disclose your Protected Health Information ("PHI"), such as medication history, medical conditions and other personal information we use to provide prescriptions. Our Notice of Privacy Practices, included below, describes our use and disclosure of PHI. Any other personal information not subject to the Notice of Privacy Practices is subject only to the other portions of this Privacy Policy.
TelyRx Notice of Privacy Practices
This Notice describes how your medical information may be used and disclosed and how you can get access to this information. Please review it carefully.
TelyRx is committed to maintaining your privacy and we take our responsibility for safeguarding your Protected Health Information very seriously. TelyRx is required by the Health Insurance Portability and Accountability Act (“HIPAA”) to provide you with this Notice to help you understand how we may use or share Protected Health Information about you that we obtain to provide services to you. "Protected Health Information" is the information we receive to provide services to you that identifies you or could be used to identify you and relates to your past, present, or future physical or mental health, treatment, or your payment for treatment. Protected Health Information includes your medication history, medical and physical conditions, and other information we use to provide you your prescriptions, if any.
This Notice applies to TelyRx and all of its subsidiaries. If you have any questions about this Notice, please contact TelyRx at the address listed below.
How we may use and disclose your Protected Health Information
The following categories describe the typical ways that we may use and disclose your Protected Health Information without your written authorization:
· For Treatment. Protected Health Information obtained by TelyRx will be used in order to dispense your prescription medications and provide the treatment and services you receive. We may disclose Protected Health Information about you to doctors, nurses, or other health care providers who are involved in your care. We may also seek Protected Health Information about you from other health care providers and health information networks. For example, in order to fill your prescription we may request your medical records from your doctor or disclose Protected Health Information to your doctor.
· For Health Care Operations. We may use and disclose your Protected Health Information for our day-to-day health care operations. For example, we may use your Protected Health Information to monitor the performance of the staff and pharmacists providing services to our customers or to improve the quality and the effectiveness of the health care services we provide.
We may also use and disclose your Protected Health Information without your written authorization as follows:
· Business Associates. We may contract with third parties to perform certain services for us, such as accounting services, consulting services, or information technology services. In some cases, these third-party service providers, called Business Associates, may need to access your Protected Health Information to perform services for us. They are required by law and contract to protect your Protected Health Information.
· Disclosures to Legal Guardians. We may release your Protected Health Information to a legal guardians or person possessing a power of attorney consistent with applicable laws.
· As Required By Law. We will disclose your Protected Health Information when required to do so by applicable law.
· To Avert a Serious Threat to Health or Safety. We may use and disclose your Protected Health Information to prevent a serious threat to your health and safety or the health and safety of the public or another person.
· Research. We may use your Protected Health Information to conduct research or disclose it to researchers as authorized by applicable law. For example, we may use or disclose your Protected Health Information as part of a research study when the research has been approved by an authorized review body that establishes processes to ensure the privacy of your information.
· When Compelled for Public Health Activities. Applicable laws may require TelyRx to disclose certain Protected Health Information, for reasons such as:
o Preventing disease or telling people when they may have been exposed to or may be at risk of contracting a disease;
o Reporting reactions to medications, problems with products, or product recalls;
o Notifying a government authority if we reasonably believe you are a victim of abuse or neglect. We will only disclose this type of information to the extent required by law, if you agree to the disclosure, or if we believe it is necessary to prevent serious harm to you or someone else.
· Health Oversight Activities. We may disclose Protected Health Information to a health oversight agency for activities authorized by law. These oversight activities may include audits, investigations, inspections, and licensure. These activities help the government monitor the health care system, government programs, and compliance with civil rights laws.
· Judicial and Administrative Proceedings. If you are involved in a lawsuit or a dispute, we may disclose Protected Health Information about you in response to a court or administrative order. We may also disclose Protected Health Information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
· Law Enforcement. We may disclose your Protected Health Information to the police or other law enforcement officials as required by law or in compliance with a court order.
· Coroners, Medical Examiners and Funeral Directors. We may disclose Protected Health Information to a coroner or medical examiner. This may be necessary to identify a deceased person or determine the cause of death. We may also disclose Protected Health Information to funeral directors as necessary to carry out their duties.
· Correctional Institution. If you are or become an inmate of a correctional institution, we may disclose to the institution or its agents Protected Health Information necessary for your health and the health and safety of others.
· Specialized Government Functions. We may disclose your Protected Health Information to units of the government with special functions, such as the U.S. Secret Service for the protection of the President, or the U.S. Department of State to make medical suitability determinations about individuals who are members of the foreign service.
Choices you have about certain uses and disclosures of your Protected Health Information
For certain Protected 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, please contact our Privacy Office at the address below.
· Sharing Protected Health Information in a disaster relief situation
Unless you object to such sharing, we may disclose your Protected Health Information when related to a disaster relief situation. If you are unavailable prior to a disclosure or otherwise not able to tell us your preference, we may exercise our professional judgment to determine whether sharing your information with rescue workers is in your best interest.
Uses and disclosures of Protected Health Information that require your written authorization
Any other uses and disclosures of Protected Health Information that are not mentioned above will be made only with your written authorization, including use or disclosure of Protected Health Information for marketing, and for the sale of Protected Health Information (except in limited circumstances where applicable law allows such uses or disclosure without your authorization).
If you provide us authorization to use or disclose your Protected Health Information, you may revoke that authorization in writing at any time by sending a revocation request to the address listed at the end of this Notice. If you revoke your authorization, we will no longer use or disclose Protected Health Information about you for the reasons covered by your written authorization. We are unable to take back any disclosures we have already made based on your authorization.
Your rights regarding your Protected Health Information
You have the following rights regarding your Protected Health Information:
· Access. With a few exceptions, you have the right to review and copy your Protected Health Information by submitting a written request to the Privacy Office.
· Amendment. If you feel that Protected Health Information in your record is incorrect or incomplete, you may ask us to amend the information by submitting a written request to the Privacy Office. You must provide a reason for your request. If we deny your request for an amendment, we will provide you with a written explanation of why we denied it.
· Accounting of Disclosures. You have the right to ask us for a list (accounting) of the times we've shared your Protected Health Information in the six years prior to the date you ask, including with whom we shared it with and why, by submitting a written request to the Privacy Office. We will include all the disclosures we made except for those about treatment, payment, and health care operations, and certain other disclosures (such as any disclosures you asked us to make).
· Restricting or Limiting Disclosure. You have the right to request additional restrictions on our use or disclosure of your Protected Health Information by sending a written request to the Privacy Office. We are not required to agree to the restrictions, except in the case where the disclosure is to a health plan for purposes of carrying out payment or health care operations, the disclosure is not otherwise required by applicable law, and the Protected Health Information pertains solely to a health care product or service for which you, or a person on your behalf, has paid in full.
· Alternate Communications. You have the right to request that we communicate with you about health matters in a specific way by submitting a written request to the Privacy Office. For example, you may ask that we only call you at a certain phone number. Your request must specify how or where you wish to be contacted. We will accommodate all reasonable requests.
· Receiving a Paper Copy of This Notice. You have the right to a paper copy of this Notice of Privacy Practices at any time by contacting the Privacy Office, even if you have agreed to receive the Notice electronically. To obtain the paper copy, you should print a copy of this Notice from our website.
· Notification in the Event of a Breach. We are required by law to maintain the privacy and security of your Protected Health Information. We will notify you if a breach occurs that may have compromised the privacy or security of your Protected Health Information.
Changes to this Notice
We reserve the right to change this Notice, including for Protected Health Information we already have about you as well as any Protected Health Information we receive in the future. We will post a copy of the revised Notice on our website with the date that any updates were made.
Complaints
We take your privacy seriously and welcome your questions and feedback. If you believe your privacy rights have been violated, you may file a complaint with TelyRx or with the Secretary of the U.S. Department of Health and Human Services https://www.hhs.gov/ocr. To file a complaint with TelyRx, contact the Privacy Office. All complaints must be submitted in writing. You will not be penalized or retaliated against for filing a complaint.
TelyRx Privacy Office Contact Information
All correspondence or questions related to our Notice of Privacy Practices or Privacy Policy must be submitted to the TelyRx at the address below:
TelyRx, LLC
24761 US Hwy 19N
Clearwater, FL 33763
Attn: Privacy Officer
Supplemental California Consumer Privacy Act Disclosures
We do not disclose your Protected Health Information except as permitted by HIPAA. We may disclose information that does not identify you to third parties we work with, such as the time period in which a prescription was dispensed and the amount of medication dispensed. We remove any information that identifies you from the information we share with these parties using one of two methods permitted by HIPAA - either the HIPAA expert determination method or the HIPAA safe harbor method.
INFORMATION OTHER THAN PROTECTED HEALTH INFORMATION
Information we collect automatically. When you use our services, we collect some information automatically. For example:
Identifiers and device information. When you visit our websites, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further described in the “Cookies, Mobile IDs, and Similar Technologies” section below, our websites and online services store and retrieve cookie identifiers, mobile IDs, and other data.
Geolocation data. Depending on your device and app settings, we collect geolocation data when you use our apps or online services. This information may include precise geolocation data, meaning data derived from a device and that is used to locate you within a circle with a radius of 1,850 feet or less, which is considered a type of sensitive personal information.
Usage data. We automatically log your activity on our websites, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website. In some instances, such usage data may be sensitive personal information if it relates to browsing activity on health-specific sites.
Information we create or generate. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your general geographic location (such as city, state, and country) based on your IP address.
Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:
Service providers. Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.
When you are asked to provide personal data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
Cookies, Mobile IDs, and Similar Technologies
We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our websites and online services and to help collect data, including usage data, identifiers, and device information.
What are cookies and similar technologies?
Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.
Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access these mobile IDs.
How do we and our partners use cookies and similar technologies?
We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect personal data (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including personal data about your online activities over time and across different websites or online services. This data is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the data we collect or infer with third parties for these purposes. For more information about the third-party analytics and advertising partners that collect personal information on our services, please see the “Our Disclosure of Personal Data” section of this statement.
What controls are available?
There are a range of cookie and related controls available through browsers, mobile operating systems, and elsewhere. See the “Choice and Control of Personal Data” section below for details.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers include a "Do Not Track" (DNT) setting that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there is not a common understanding of how to interpret the DNT signal; therefore, our websites do not respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the GPC, cookie controls, and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law.
Finally, please note that this section of the Privacy Policy applies only to your “personal information,” which is separate from “medical information” or “protected health information.”
Data Retention
TelyRx may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service. TelyRx may dispose of or delete any such information at any time except as set forth in any other agreement or document executed by TelyRx or as required by law.
Transactions
In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant TelyRx without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service.
Jurisdictional Issues
The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.
California Residents
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. That information is contained in the Privacy Policy.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy statement. You may make such a “request to know” writing to the TelyRx Privacy Office.
Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, write to the TelyRx Privacy Office.
Right to Opt-Out / “Do Not Sell or Share My Personal Information”. You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell,” “share,” and “personal information” very broadly, and some of our data sharing described in this privacy statement may be considered a “sale” or “sharing” under those definitions. In particular, we let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our sites and apps when you use our online services, but do not “sell” or “share” any other types of personal information. If you do not wish for us or our partners to “sell” or “share” personal information relating to your visits to our sites for advertising purposes, you can make your request by clicking on the “Do Not Sell or Share My Personal Information” link at the bottom of the page or using a Global Privacy Control. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously “sold” or “shared” personal information or stop all interest-based advertising.
We do not knowingly sell or share the personal information of minors.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.
Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.
Miscellaneous
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the "Contacting Us" section below.
When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at:
TelyRx, LLC
24761 US Hwy 19N
Clearwater, FL 33763
Attn: Privacy Officer