HIPAA Privacy Policy

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.

Hunterpharm Inc dba Smithville Pharmacy and its subsidiaries (“Smithville” “we,” or ”us”) owns and operates websites (the “Websites”) located at www.smithvillepharmacy.com and may have previously, now or in the future own and/or operate a Smithville mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Smithville, and any affiliated website, software or application owned or operated by Smithville (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Smithville Terms and Conditions (“Terms and Conditions”).

We are committed to respecting the privacy of users of the Service. We created this Privacy Policy (“Privacy Policy”) to tell you how Smithville collects, uses, and discloses information in order to provide you with the Service.

When you set up an account with Smithville, you are creating a direct customer relationship with Smithville 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 Smithville, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, which we do not consider to be “protected health information” or “medical information.”

However, in using certain aspects of the Service, you may provide health or medical information that may be protected under applicable state and federal laws. Smithville is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the labs, Southend Pharmacy or Practice (as defined in our Terms and Conditions) may or may not be a “covered entity” or “business associate” under HIPAA, and Smithville may in some cases be a “business associate” of these providers. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Smithville, the Practice, the Providers, the labs, or Southend Pharmacy. To the extent Smithville is deemed a “business associate” however, and solely in its role as a business associate, Smithvillew, may be subject to certain provisions of HIPAA with respect to “protected health information,” (“PHI”) as defined under HIPAA, that you provide to Smithville, the Practice or the Providers. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws. The Practice and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Practice and Provider(s).

By accessing or using any part of the Service, you understand any information that you submit to Smithville that is not intended and used solely for the provision of diagnosis and treatment by the Practice and Providers, laboratory services by the labs or prescription fulfillment by Southend Pharmacy, is not considered Protected Information, and will be subject only to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to Smithville in order to register and set up an account on the Platform, including name, date of birth, username, email address, shipping address, and phone number, are not considered Protected Information.

Collection of Personal Information

The personal information we collect depends on how you interact with us, the services you use, and the choices you make. We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.

When you are asked to provide personal information, 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.

Smithville provides management services to the medical providers and certain pharmacies you may access through the Service. As a result, we may store additional health information on their behalf, including your medical record, communications with providers, medical history, and prescription information.

We use the personal information we collect for purposes described in this Privacy Policy or as otherwise disclosed to you, subject to the limitations addressed in the “Protected Information” section above. For example, we use personal information for the following purposes: (i) To provide and deliver the Service, including troubleshooting, facilitating your movement through the Service, confirming your location, improving, and personalizing those services; (ii) To operate our business, such as billing, processing your payments, accounting, administering your account, improving our internal operations, securing our systems, detecting fraudulent or illegal activity, verifying your identity, and meeting our legal obligations. Additionally, to protect or enforce Smithville’s rights and properties; (iii) To develop, test, or improve the Service and content, features and/or products or services offered via the Service. Additionally, to identify or create new products or services. Lastly, to analyze traffic and user behavior or activity to and through Service; (iv) To understand you and your preferences to enhance your experience and enjoyment using our services; (v) To provide customer support, fulfill your requests, and respond to your questions. Additionally, to place and track orders for products or services on your behalf; (vi) To send you information about Smithville, the labs, Southend Pharmacy, the Practice, the Providers, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. Additionally, to communicate with you by letter, email, text, telephone, or other forms of communication, including on behalf of your Provider(s), to facilitate telehealth Service; (vii) To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners; (viii) To promote and market Smithville, the Service, and the products and/or services offered via the Service.

We combine data we collect from different sources for these purposes, and to give you a more seamless, consistent, and personalized experience. Additionally, we may use information about your browsing and other activity on the Service to promote and market Smithville, the Service, and the products and/or services offered via the Service, as well as to measure our advertising and marketing efforts. Depending on your activity on the Service, this may include information related to you visiting health-related pages on the Service. In some states, we may be required to obtain your consent prior to using information that constitutes sensitive personal information. While we may use information about your browsing activity on health-related pages, we do not use Protected Information for advertising or marketing.

We may de-identify your information and use, create, and sell such de-identified information for any business or other purpose not prohibited by applicable law. In cases where our use or sharing of data does not require an ability to identify individuals from the data, we may de-identify that data as a way of protecting privacy and security. Where the process is designed to permanently de-identify the data, we will maintain and use the data only in a de-identified form and will not to attempt to re-identify it (except for the limited purpose of testing or evaluating the efficacy of the de-identification process or as otherwise permitted by law).

Disclosure of Personal Information

We disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. Subject to the limitations described in the “Protected Health” section above, we may disclose each of the categories of personal information described above, to the types of third parties described below, in connection with the provision of the Service or as otherwise permitted or required by law. For example, we may disclose information about you to: (i) provide personal information to vendors or agents working on our behalf for the purposes described in this Privacy Policy; (ii) provide personal information to marketing and advertising partners, this may include sensitive personal information such as health data or information about you to the extent it is not Protected Information; (iii) provide payment data, for example to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services; (iv) enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business; (v) facilitate information disclosure between you and the Practice, Southend Pharmacy, Providers, and labs, as applicable, to enable them to provide services to you via the Service and to collect payment on their behalf; (vi) disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets; (vii) access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; (viii) protect our customers and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; (ix) operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; (x) protect the rights or property of ourselves or others, including enforcing our agreements, terms, and policies.

Communications preferences

You can choose whether to receive promotional communications from us by email or SMS. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the “Contact Us” section below. These choices do not apply to certain informational communications including surveys and mandatory service communications.

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. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact method described at the bottom of this Privacy Policy.

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 Smithville 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. This online payment processing application(s) is provided by Smithville’s third-party online payment processing vendors, Stripe (collectively, “Payment Vendors”). Additional information about Smithville’s Payment Vendors, their respective privacy policies and information security measures (collectively, the “ Payment Vendor Policies”) should be available on www.stripe.com or by contacting Stripe directly. Reference is made to the Payment Vendor Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Smithville’s relationship with Payment Vendors, if any, is merely contractual in nature, as Payment Vendors are nothing more than a third-party vendor to Smithville, and they are in no way subject to Smithville’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Modifications and Amendments

This Privacy Policy may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should cease all use of our Site. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes. We may terminate or amend this Privacy Policy for any reason and at any time without notice to you. If you are concerned about the terms of this Privacy Policy, you should read them each time before you use the Site. Any questions or concerns should be brought to our attention by sending an e-mail to info@Smithvillehealth.com, and providing us with information relating to your concern.

Privacy Rights

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

Get an electronic or paper copy of your medical record

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

Ask us to correct your medical record

  • You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
  • We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

  •  You can ask us not to use or share certain health information for treatment, payment, or our operations.
    • We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or health care item outof-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
    • We will say “yes” unless a law requires us to share that information.

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

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

Get a copy of this privacy notice

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

Choose someone to act for you

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

File a complaint if you feel your rights are violated

  • You can complain if you feel we have violated your rights by contacting us using the information on the back page.
  • You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, = calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

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

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

  • Share information with your family, close friends, or others involved in your care
  • Share information in a disaster relief situation.
  • Include your information in a hospital directory

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

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

  • Marketing purposes
  • Sale of your information
  • Most sharing of psychotherapy notes

In the case of fundraising:

  • We may contact you for fundraising efforts, but you can tell us not to contact you again.
California Privacy Rights

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 You can find those details in this Privacy Policy by clicking on the above links.

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 Policy. You may make such a “request to know” by emailing us at info@Smithvillehealth.com.

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 email us at info@Smithvillehealth.com.

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 Policy 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, non-product identifying transaction data), 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 email info@Smithvillehealth.com or by 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 under 16 years of age.

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. To opt-out from such additional purposes, please use the Global Privacy Control described in this Privacy Policy.

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. California Customers may request further information about our compliance with this law by emailing info@Smithvillehealth.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.

Complaints

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our privacy contact of your complaint. We will not retaliate against you for filing a complaint. We are required by law to maintain the privacy of, and provide individuals with, this notice of our legal duties and privacy practices with respect to protected health information.

If you have any objections to this form, please ask to speak with our team by email at info@smithvillepharmacy.com or phone at 1-888-273-5561.

Contact Us

We are committed to providing each of our valued clients with excellent customer service. If you have any questions or concerns, please do not hesitate to contact one of our professional customer service representatives at info@smithvillepharmacy.com.

Business Address

1501 Dorothy Nicols Lane Unit A
Smithville TX 78957‍

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