Popular Pharmacy™ Online Experience Terms of Use

Agreement to Terms of Use

Thank you for visiting the Popular Pharmacy Online Experience, which includes this web site (www.mypopularrx.com) and the information, community and services that we provide to you and other users through this web site. Popular Pharmacy wants you and other users to have safe, enjoyable access to the Online Experience, so we have established these terms, conditions and policies (“Terms of Use”) so that you, other users and Popular Pharmacy know what to expect from each other.

BY USING THE ONLINE EXPERIENCE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE ONLINE EXPERIENCE.

Popular Pharmacy may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of the Online Experience following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, Popular Pharmacy grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Online Experience.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on the Online Experience is owned, controlled or licensed by or to Popular Pharmacy, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Online Experience and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Popular Pharmacy’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.

Health-Related Content

Any health-related Content residing on the Online Experience describes general principles of health care that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. The Online Experience and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Online Experience.

You understand and agree that in no event will Popular Pharmacy be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the Online Experience. Reliance on any information provided by, or otherwise appearing on, the Online Experience is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

Links to Third Party Sites

This Online Experience may contain links to other independent third-party web sites. Popular Pharmacy provides these links for your reference only. Popular Pharmacy does not control these web sites, and Popular Pharmacy is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.

Privacy

Please review our Privacy Policy, which also applies to your use of the Online Experience.

Electronic Communications

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Popular Pharmacy, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase.

In addition to email, I understand that Popular Pharmacy may use SMS communications to interact with me on a recurring basis with 1 SMS per applicable event. Such messages may include limited personal information about my prescriptions, treatment or benefits, and individuals with access to my mobile phone, carrier account or email address will also be able to see this information.

I understand that I may stop receiving email alerts by calling Popular Pharmacy at 956-317-1112. I also understand that I can opt-out of SMS communications at any time by texting STOP to 956-317-1112. Popular Pharmacy does not impose separate charges for text alerts; however, I understand that messaging and data rates from my mobile carrier may apply and I am responsible for any such charges.

Your Conduct

You must be at least 18 years of age to use the Online Experience. You agree not to interrupt or attempt to interrupt the Online Experience’s operation or any other person’s use of the Online Experience in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this Online Experience will not be permitted, including by means of hacking or defacing any portion of this Online Experience, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use the Online Experience or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Popular Pharmacy or others. You are prohibited from posting on or transmitting through the Online Experience any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Online Experience or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Online Experience or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Online Experience.

Popular Pharmacy reserves the right to terminate or suspend your access to and use of this Online Experience without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.

Accounts, Passwords and Security

Certain information or services offered on or through this Online Experience may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this Online Experience using your account or User ID. Popular Pharmacy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Online Experience. Because any termination of your access to the Online Experience may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Online Experience. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Online Experience.

By using the Online Experience, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Online Experience may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy.

Wireless Phone Policy

By providing your wireless phone number to Popular Pharmacy, you expressly consent to Popular Pharmacy calling you at this phone number—in person or through an automated system.

TCPA Opt-In

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Popular Pharmacy, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase. Messaging and data rates may apply from your mobile carrier.

Prescription Transfers and Requests

By finishing the online signup process and adding your payment method, you give Popular Pharmacy consent to transfer your prescriptions from your existing pharmacy(s) and / or reach out to your prescriber(s) for new prescriptions.

Disclaimers

POPULAR PHARMACY DOES NOT PROMISE THAT THE ONLINE EXPERIENCE OR ANY CONTENT, SERVICE OR FEATURE OF THE ONLINE EXPERIENCE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE ONLINE EXPERIENCE WILL PROVIDE SPECIFIC RESULTS. THE ONLINE EXPERIENCE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. POPULAR PHARMACY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

POPULAR PHARMACY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS ONLINE EXPERIENCE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

POPULAR PHARMACY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY POPULAR PHARMACY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POPULAR PHARMACY FOR DISSATISFACTION WITH THE ONLINE EXPERIENCE OR ANY CONTENT IS TO STOP USING THE ONLINE EXPERIENCE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Popular Pharmacy reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Online Experience, or any portion of the Online Experience, for any reason; (ii) to modify or change the Online Experience, or any portion of the Online Experience, and any applicable policies or terms; and (iii) to interrupt the operation of the Online Experience, or any portion of the Online Experience, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL POPULAR PHARMACY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE ONLINE EXPERIENCE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE ONLINE EXPERIENCE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE ONLINE EXPERIENCE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE EXPERIENCE; OR (v) ANY OTHER MATTER RELATING TO THE ONLINE EXPERIENCE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF POPULAR PHARMACY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, Popular Pharmacy is found to be liable to you, any liability on the part of Popular Pharmacy will not exceed the fees paid by the user for the particular information or service provided. Popular Pharmacy is not liable for the unauthorized use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold Popular Pharmacy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Popular Pharmacy by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this Online Experience.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of Popular Pharmacy information or services or of the Online Experience, including its Contents, will be governed by the laws of the State of New Hampshire without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for Hillsborough County, New Hampshire, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Popular Pharmacy and you arising out of or in connection with your access to or use of Popular Pharmacy information or services or of the Online Experience, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback and Information

Popular Pharmacy welcomes your feedback. Any feedback you provide at the Online Experience will be deemed to be non-confidential. Popular Pharmacy will be free to use such information on an unrestricted basis.

General Information

Popular Pharmacy may elect to monitor areas of the Online Experience by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Online Experience; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Online Experience.

Popular Pharmacy’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and Popular Pharmacy governing your use of this Online Experience. As stated above, your use of this site is also subject to our Privacy Policy.

Questions or Additional Information

Email: pill@mypopularrx.com

Mailing Address:

Popular Pharmacy, 5326 E US highway 83, Ste A 5

Customer Calls: 956-317-1112

The information contained in this web site is subject to change without notice. Copyright 2019 Popular Pharmacy, Inc. All rights reserved.

Popular Pharmacy™ Privacy Policy

Overview

Your access to, and use of, the Popular Pharmacy™ Online Experience, which includes this web site (www.RoyseCityRx.com) and the information, community and services that we provide to you and other users through this web site is subject to the Popular Pharmacy™ Online Experience Terms of Use and this Privacy Policy.

Popular Pharmacy, Inc. (“Popular Pharmacy”) has created this Privacy Policy to explain what information we gather from you when you visit our Online Experience, how we may use this information, the security approaches we use to protect your information, and how you can access and correct certain information that we may collect. We’ve tried to keep it simple. Please note that this Privacy Policy applies only to information collected via this Online Experience – it does not apply to information you disclose to Popular Pharmacy through offline correspondence or personal contacts with Popular Pharmacy’s representatives. This Privacy Policy is incorporated and made part of Popular Pharmacy™ Online Experience Terms of Use.

Your Acceptance of This Privacy Policy and Changes to It

By using this Online Experience, you consent to the collection and use of your information by Popular Pharmacy in accordance with this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Online Experience. Popular Pharmacy reserves the right to change this Privacy Policy at any time, without prior notice. Changes take effect on the date that appears on the revised Policy. If you use this Online Experience following a change in the Policy, your use will be understood to signal that you accept the changes. We urge you to review this Privacy Policy frequently for changes.

What information do we collect?

We collect information from you when you register or use the Online Experience, place an order, respond to communication such as e-mail, or participate in another Online Experience feature.

When ordering, registering or subscribing to any newsletters or other publications, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit portions of our Online Experience without providing such information.

We use IP addresses and session identifiers to analyze trends, to administer the Online Experience, to track user activities, to infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments.

Like many web sites, we use “cookies” to enhance your experience and gather information about visitors and visits to our Online Experience.

When signing up for pharmacy services or ordering prescription drugs, we may ask you to provide us with certain personal and/or health-related information. This information is subject to our Notice of Privacy Practices that more specifically describes how we may use or disclose your protected health information.

How do we use your information?

We may use the information we collect from you when you register, purchase products, respond to a survey or marketing communication, surf the Online Experience, or use certain other Online Experience features in the following ways:

  • To personalize your Online Experience and to allow us to deliver the type of content and product offerings in which you are most interested.

  • To allow us to better service you in responding to your customer service requests.

  • To quickly process your transactions.

  • To verify and validate your identity.

  • To administer a promotion, survey or other Online Experience feature.

  • To troubleshoot problems with the Online Experience, or any services, as requested.

  • To enforce our Popular Pharmacy™ Online Experience Terms of Use, and to detect and protect against error, fraud and other unauthorized or illegal activities.

  • To attempt to contact you regarding product safety or recall issues.

  • To provide any legitimate business service or product.

You understand that if you’re visiting this Online Experience from a country outside the United States, you will be transferring personal information about yourself to the United States. You understand that the privacy laws of the United States may not be as comprehensive as those in your country, and you agree that the transfer of your personal information occurs with your consent. Personal information collected on this Online Experience may be stored and processed in the United States or abroad.

Do we disclose the information we collect to outside parties?

We can disclose your personal and other information to third parties, as follows:

  • To vendors whose products or services you have requested, in order to deliver those products or services to you.

  • To our subsidiaries or affiliates, strategic partners and to third parties we engage to provide services on our behalf, such as web sites hosting, credit card payment processing, order processing, delivery, etc. We prohibit these parties from using your personal information for any other purpose.

  • To vendors that offer products, services or other information we think might interest you. These third parties may keep and use your personal information whether or not you purchase their products or services. Your personal information will be subject to their privacy policies, so you should contact them directly for information on their policies or to opt-out of promotional communications from them.

In the event of the sale or transfer of Popular Pharmacy, of one or more of our business units or of some or all of our assets, or in the context of some other business acquisition transaction. In response to a subpoena or court order, or a request from a law enforcement or other government agency; to establish or exercise our legal rights, or to defend against claims; or to protect the safety or security of the public or of users of this Online Experience. For example,

We may forward your prescription information to your insurance plan, so that we may handle reimbursement of your prescription purchase for your convenience.

We can disclose aggregate information about users of the Online Experience to our service providers, partners, advertisers or others, but such information will not include personal information.

Correcting and Updating Your Personal Information

You can correct or update your personally identifiable information by re-registering or by contacting us by electronic-mail pill@mypopularrx.com or by telephone 1-56-317-1112. It may take us up to 30 days to process your request.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. Cookies help us in many ways to make your use of the Online Experience more enjoyable and meaningful, such as understanding usage patterns and improving functionality of the Online Experience. For instance, we use cookies to help us understand your preferences based on previous or current Online Experience activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about Online Experience traffic and Online Experience interaction so that we can offer better Online Experience experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Online Experience visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Mozilla Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Online Experience more efficient and some of our services will not function properly.

Safeguarding Your Personal Information Privacy and Third Party Links

Popular Pharmacy follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such personal information. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems. Other than the these security measures, you transmit data, including personal information, to us at your own risk.

Privacy and Third Party Links

This Privacy Policy applies solely to information collected by our Online Experience, www.myPopular Pharmacy.com. In an attempt to provide you with increased value, we may include third party links on our Online Experience. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Online Experience and welcome any feedback about these linked sites (including if a specific link does not work).

Online Policy Only

This Privacy Policy applies only to information collected through our Online Experience and not to information collected offline.

Children’s Privacy

This Online Experience is intended for adults. We do not knowingly collect information from children under the age of thirteen.

Retention of Your Personal Information

We will store the personal information you provide for as long as we believe is necessary or appropriate (i) to carry out the purpose(s) for which we collected it, or (ii) to comply with applicable laws, contracts, or other rules or regulations. Questions and Feedback

We welcome your questions, comments, and concerns about this Online Experience. Please send us any and all feedback pertaining to this Online Experience topill@mypopularrx.com.

The information contained in this Privacy Policy is subject to change without notice. Copyright 2019 Popular Pharmacy, Inc. All rights reserved.

Effective Date: June , 2018

Child Safety Waiver

You agree to waive the child-resistant safety cap requirement for all new prescriptions and refills. PopulaRxPAK packages are not child safe and should be kept out of the reach of children at all times.

POPULAR PHARMACY NOTICE OF PRIVACY PRACTICES 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.

POPULAR Pharmacy is committed to protecting your privacy and understands the importance of safeguarding your personal health information. We are required by federal law to maintain the privacy of health information that identifies you or that could be used to identify you (known as “Protected Health Information”). We also are required to provide you with this Notice, which explains our legal duties and privacy practices with respect to Protected Health Information that we collect and maintain. This Notice describes your rights under federal law and state law, where applicable, relating to your Protected Health Information. POPULAR Pharmacy is required by federal law to abide by this Notice. However, we reserve the right to change the privacy practices outlined in this Notice and make the new practices effective for all Protected Health Information that we maintain. Should we make such a change, we will display the revised Notice at our pharmacy and make it available to you upon request.

Uses and Disclosures of Protected Health Information

Routine Uses and Disclosures of Protected Health Information For Treatment, Payment, or Health Care Operations

POPULAR Pharmacy is permitted under federal law to use and disclose Protected Health Information without your specific permission for three types of routine purposes: treatment, payment, and health care operations. 
Your pharmacist will use or disclose your Protected Health Information as described below. Your Protected Health Information may be used and disclosed by your pharmacist, pharmacy staff, and others outside of the pharmacy that are involved in your care and treatment. Set out below are examples of the uses and disclosures of your Protected Health Information we are permitted to make for these routine purposes. While this list is not meant to be exhaustive, it should give you an idea of the everyday uses and disclosures “behind the scenes” that are essential to the care you receive.

Treatment

Your Protected Health Information can be used and disclosed by POPULAR Pharmacy for treatment purposes. For example, your Protected Health Information will be used by our pharmacists to fill your prescription and to counsel you about the appropriate use of your medication. 
We also may use and disclose your Protected Health Information to provide you with information regarding possible alternative treatment options and other health-related benefits and services that we believe might interest you. For example, we may send you reminders to refill your prescription, information about the availability of cheaper generic alternatives for your prescription, or information about new or updated products that may enhance or improve your treatment.

Payment

Your Protected Health Information can be used and disclosed for payment purposes. For example, we may communicate your Protected Health Information to your insurance company so that it can process payment for your prescription.

Health Care Operations

Your Protected Health Information can be used and disclosed to allow us to conduct health care operations, which generally are the administrative activities that we undertake in order to operate our pharmacies. For example, we may use your Protected Health Information to evaluate the performance of our pharmacists and to engage in other quality assurance activities.

Other Uses and Disclosures of Protected Health Information POPULAR Pharmacy is Permitted or Required to Make Without Your Authorization

In general, we are required to obtain your specific written authorization to use or disclose your Protected Health Information for purposes unrelated to treatment, payment, or health care operations. However, there are exceptions to this general rule under which we are permitted or required to make certain uses and disclosures of such information without your authorization. These situations include:

Required by the Secretary of Health and Human Services

We may be required to disclose your Protected Health Information to the Secretary of Health and Human Services to investigate or determine our compliance with the federal privacy law.

Required by Law

We may use or disclose your Protected Health Information to the extent that the use or disclosure is otherwise required by state or federal law.

Public Health

We may disclose your Protected Health Information for public health activities, such as disclosures to a public health authority or other government agency that is permitted by law to collect or receive the information (e.g., the Food and Drug Administration).

Abuse or Neglect

If you have been a victim of abuse, neglect, or domestic violence, we may disclose your Protected Health Information to the government agency authorized to receive such information.

Health Oversight

We may disclose Protected Health Information to a health oversight agency for activities authorized by law, such as: civil or criminal investigations; inspections; licensure or disciplinary actions; or other activities necessary for appropriate oversight of retail pharmacies, governmental health benefit programs, or compliance with laws.

Judicial and Administrative Proceedings

We may disclose Protected Health Information for law enforcement purposes, such as providing information to the police about the victim of a crime.

Coroners, Medical Examiners, and Funeral Directors

We may disclose Protected Health Information to a coroner, medical examiner, or funeral director if it is needed to carry out their duties.

Research

We may disclose your Protected Health Information to researchers when the research is being conducted under established protocols to ensure the privacy of your information.

Serious Threat to Health or Safety

Your Protected Health Information may be disclosed if we believe it is necessary to prevent a serious and imminent threat to the public health or safety and it is to someone we reasonably believe is able to prevent or lessen the threat.

Specialized Government Functions

We may disclose Protected Health Information for purposes related to military or national security concerns, such as for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits.

Domestic Armed Forces Personnel

We may use and disclose your protected health information for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission, if the authority has published proper notice in the Federal Register stating the purposes for which such information may be used or disclosed.

Inmates

Under certain circumstances, we may disclose the Protected Health Information of inmates of a correctional institution.

Workers’ Compensation

Your Protected Health Information may be disclosed to comply with workers’ compensation laws and other similar programs.

Other Restrictions on Uses and Disclosures of Protected Health Information

The uses and disclosures of your Protected Health Information described above are permitted or required by federal law. Some states have laws that require additional privacy safeguards above and beyond the federal requirements. Thus, if a state law is more restrictive regarding uses and disclosures of your Protected Health Information or provides you with greater rights with respect to your Protected Health Information, POPULAR Pharmacy will comply with the state law. If your state has enacted a more stringent law, we have attached as an addendum to this Notice our privacy practices regarding your Protected Health Information in that state.

Notice to Minors

If you are a minor who has lawfully provided consent for treatment and you wish that we treat you as an adult for purposes of access to and disclosure of records related to such treatment, please notify a pharmacist or our privacy office.

Disclosures to Other Parties for Conducting Permitted Activities

POPULAR Pharmacy may conduct the above-described activities ourselves, or we may use non-POPULAR Pharmacy entities to perform those operations. In those instances where we disclose your Protected Health Information to a third party acting on our behalf, we will protect your Protected Health Information through an appropriate privacy agreement.

Other Uses and Disclosures of Protected Health Information Based Upon Your Written Authorization

Other uses and disclosures of your Protected Health Information, not described above, will be made only with your written authorization. You may revoke this authorization at any time, in writing, except to the extent that we have taken action in reliance on the authorization.

Your Rights

As a patient, you have certain rights regarding your Protected Health Information. We may ask that you submit a written request to exercise your patient rights. These rights include:

You have the right to request a restriction on certain uses and disclosures of your Protected Health Information.

This means that you may ask us not to use or disclose any part of your Protected Health Information for purposes of treatment, payment, or health care operations. You may also request that any part of your Protected Health Information not be disclosed to family members or friends who may be involved in your care. Your request must state the specific restriction requested and state to whom you want the restriction to apply. 
POPULAR Pharmacy is not required to agree to such a restriction. If we do agree, we will abide by your restriction unless we need to use your Protected Health Information to provide emergency treatment. In addition, we may elect to terminate the restriction at any time.

You have the right to request to receive information from us by an alternative means or at an alternative location if you believe it would enhance your privacy.

For example, you may request that we send written communications to an alternative address. We will attempt to accommodate all reasonable requests and will not request an explanation from you as to the basis for your request.

You have the right to inspect and copy your Protected Health Information.

If you would like to see or copy your Protected Health Information, we are required to provide you access to your Protected Health Information for inspection and copying within 30 days after receipt of your request (60 days if the information is stored off-site). 
We may charge you a reasonable fee to cover duplicating costs. In addition, there may be situations where we may decide to deny your request for access. For example, we may deny your request if we believe the disclosure will endanger your life or health or that of another person. Depending on the circumstances of the denial, you may have a right to have this decision reviewed.

You have the right to amend your Protected Health Information.

This means you may request an amendment of your Protected Health Information in our records for as long as we maintain this information. We will respond to your request within 60 days (with up to a 30-day extension, if needed). We may deny your request if, for example, we determine that your Protected Health Information is accurate and complete. If we deny your request, we will send you a written explanation and allow you to submit a written statement of disagreement.

You have the right to receive an accounting of certain disclosures we have made of your Protected Health Information.

An accounting is a record of the disclosures that have been made of Protected Health Information. This right generally applies to non-routine disclosures, i.e., for purposes other than treatment, payment, or health care operations, as described in this Notice, made in the six-year period prior to your request (although you are free to request an accounting for a shorter period). We are required to provide the accounting within 60 days (with one 30-day extension, if needed) and to provide one accounting free of charge in any 12-month period. (For more frequent requests, a reasonable fee may be charged.)

You have the right to obtain a paper copy of this notice from POPULAR Pharmacy.

Complaints

If you believe your privacy rights have been violated, you have the right to report such alleged violations to POPULAR Pharmacy, and we will promptly investigate the matter. You may file a complaint with POPULAR Pharmacy by contacting our Corporate HIPAA Privacy Office. Rest assured we will not retaliate against you in any way for filing a complaint about our privacy practices. You may also contact the Secretary of Health and Human Services. 
This notice is effective on March 7, 2018.

TEXAS

We will not disclose your Protected Health Information without your authorization unless such disclosure is to the following:

  • You or another pharmacist acting on your behalf;

  • The authorized prescriber who issued the prescription, or a licensed healthcare professional who is currently treating you;

  • An agency or agent of government responsible for the enforcement of laws relating to drugs and devices;

  • A person engaged in research projects or studies with protocols approved by the TEXAS Board of Pharmacy; or

  • A person authorized by court order.

  • In addition, we will not disclose information pertaining to HIV or AIDS-related treatment, except upon the patient’s written authorization or where we are authorized by state law to make such disclosure.

© 2018 by Popular Pharmacy. 

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