Privacy Policy

This Privacy Policy applies to the websites operated by CosmeticRx (“CosmeticRx,” “we,” “us,” or “our”), such as www.cosmeticrx.com, and other websites on which this Privacy Policy is posted (collectively, the “Sites”). This Privacy Policy does not apply to personal information collected offline. We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your personal information.

Please read this Privacy Policy carefully because by using the Sites you signify that you have read, understood, and agreed to be bound by this Privacy Policy, which is incorporated into our Terms of Use. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST COSMETICRX ON AN INDIVIDUAL BASIS. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Your Information. Your Rights. Our Responsibilities.

This privacy policy describes how medical information about you may be collected, used, and disclosed by CosmeticRx and how you can get access to this information. Please review it carefully. If you do not agree with any provision in this Privacy Policy, please do not use the CosmeticRx website, register for an account, or otherwise provide your medical information to CosmeticRx. This Privacy Policy does not apply to websites or applications that display or link to different privacy policies.

CosmeticRx does not collect your medical information without your authorization. You authorize our collection of your medical information by submitting the information through our website (i.e. “Electronic Medical Record”). Any information you provide through our website or when you register an account is voluntary. This medical information is information that may be used to identify you and that relates to your past, present, or future physical or mental health or condition, the provision of care to your, or your past, present, or future payment for the provision of health care. Your Electronic Medical Record may include:

  • Contact information, including name, email address, mailing address, and phone number; and
  • Health or medical information include age, gender, health background, health status, medications, laboratory or other health testing results, and photographs.

Our Commitment to Your Privacy

We understand that your medical information is personal and we are dedicated to taking all reasonable steps to maintain the privacy of your medical information. CosmeticRx employs reasonable physical, administrative, and technical security measures to safeguard your medical information. [INSERT SPECIFICS REGARDING WEBSITE DESIGN AND SECURITY MEASURES]

Please be aware that no method of data transmission over the Internet or method of electronic storage is perfectly secure. As a result, while CosmeticRx takes the above-described measures to protect your medical information, we do not guarantee the security of any information you transmit to CosmeticRx or through our Website. COSMETICRX DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR MEDICAL INFORMATION ONLINE WILL BE SECURE, AND YOU TRANSMIT SUCH INFORMATION AT YOUR OWN RISK.

To help maintain the security of your account with CosmeticRx, carefully choose your account name and password, as anyone with access to your account will be able to access your account, view your medical information, and communicate with your physician. You should maintain the privacy of your account name and password and change your password if you believe the security of your password has been compromised.

Opting Out of Marketing Communications

If you would like to unsubscribe to any of our services or would like us to remove you from commercial communications, e.g. any of our online mailing lists, you may do so by sending an e-mail to X. Please include your name and e-mail address in the body of the message.

In some cases, CosmeticRx may also provide you with an opportunity to opt-out of some services in e-mail messages that you receive from us. For commercial e-mails in particular, you may opt out by clicking the “unsubscribe” link in such e-mails. We will process your request as soon as possible, but please be aware that it may take us some time to respond to you request, we will do so in compliance with applicable law; however, in some circumstances regarding opt-out requests, you may receive a few more messages before your request is processed.

Cookies and Ads Policy – information CosmeticRx collects from your computer or mobile device

What is a cookie?

Cookies are small text files on your device. They are made by your web-browser when you visit a website. Every time you go back to that website, your browser will send the cookie file back to the website’s server. Cookies are useful because they allow a website to recognize a user’s device. CosmeticRx does not use cookies to match specific user behavior with IP addresses or any other potentially identifiable information. You can find more information about cookies at:www.allaboutcookies.org and www.youronlinechoices.eu.

Why does CosmeticRx use cookies?

We use, and allow certain third parties to use, cookies and other similar technologies to provide our services and to help collect information. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:

  • Essential. Some cookies are essential in order to enable you to move around our Sites and use their features, such as accessing secure areas of the Sites and tracking purchases you make online. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
  • Browsing and functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language and the country from which you are visiting, and provide enhanced, more personalized features.
  • Performance and analytics. We use our own cookies and third-party cookies to see how you use our Sites and services in order to enhance their performance and develop them according to your preferences. In particular, we use:
    • Google Analytics: To help facilitate the delivery of relevant content, we use Google Analytics (IP anonymization function enabled) and have implemented the following Google Advertising Features: Remarketing, Impression Reporting and Demographics. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the information collected for optimizing marketing, refining advertising and/or programming strategies and generally making advertising more effective. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here. Note that Google’s opt-out mechanism is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
  • Targeted advertising: We receive audience based data (such as pixel traffic and conversion data) from social media platform providers, including Facebook, LinkedIn and Twitter and others based on non-identifiable information such as IP addresses. We use this information to serve ads to you and marketing tracking. To block or limit this activity, please visit the sites below:

There are several ways to manage cookies. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. If you block certain cookies, you may not be able to take advantage of the personalized features enjoyed by other users of our Sites. We also note that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Sites.

In the United States (US), the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

Our Uses and Disclosures

We may use and share your information as we:

  • Treat you: We can use your health information and share it with other professionals who are treating you. For example, we may share your information with your family physician or primary care provider.
  • Run our organization: We can use and share your health information to run our telemedicine practice, improve your care, and contact you when necessary. For example, we may use your health information to manage your treatment and services.
  • Bill for your services: We can use and share your health information to bill you for our services.
  • Help with public health and safety issues: We can share information about you in certain situations such as disease prevention, reporting adverse reactions to medications, reporting suspected abuse, neglect, or domestic violence, and preventing or reducing a serious threat to anyone’s health or safety.
  • Comply with the law: We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal law.
  • Address law enforcement, and other government requests: We can use or share health information about you for law enforcement purposes or with a law enforcement office, with health oversight agencies, and for special government functions.
  • Respond to lawsuits and legal actions: We can share health information about you in response to a court or administrative order, or in response to a subpoena.
  • Our subsidiaries and affiliates (if any)
  • With third parties, for any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all, substantially all of our assets or part of our assets;

We do not participate in any of the following activities and thus will not use or share your personal health information for any of these activities:

  • Create or manage a hospital directory
  • Create or maintain psychotherapy notes
  • Participate in fundraising efforts
  • Participate in disaster relief efforts
  • Conduct research
  • Correspond with organ procurement organizations
  • Work with a medical examiner or funeral director

We may also collect information about your use of our Website that does not contain any medical information, or we may aggregate or create de-identified information from your medical information by removing information that personally identifies you form other information collected. CosmeticRx reserves the right to use or share this de-identified information without restriction, subject to applicable law.

We may link to other third party websites whose information, privacy, and security practices may be different than ours. Before using these third party sites or providing any medical information to them, you should carefully review their privacy notices and other applicable terms and conditions. COSMETICRX DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THIRD PARTY WEBSITE USE OF YOUR MEDICAL INFORMATION. COSMETICRX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS EXPRESSLY DISCLAIM ALL LIABILITY RELATING TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, OR SECURITY OF ANY THIRD PARTY WEBSITES. COSMETICRX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS ARE NOT LIABLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE OF YOUR MEDICAL INFORMATION BY ANY THIRD PARTY IF THE MEDICAL INFORMATION IS PROVIDED TO THE THIRD PARTY IN COMPLIANCE WITH THIS PRIVACY POLICY.

Your Rights

You have the right to:

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

    • Correct your electronic medical record: You can ask us to correct health information about you that you think is incorrect or incomplete. We may say no to your request, but we will tell you why in writing within 60 days.

    • Request confidential communication: You can ask us to contact you in a specific way (for example, at a certain telephone number) or to send mail to a different address. We will agree to all reasonable requests.

    • Ask us to limit the information we share: You can ask us not to use or share certain health information for treatment or our operations. We are not required to agree to your request and may say no if it would affect your care. We will not share your information for payment purposes unless required to do so by law.

    • Get a list of those with whom we’ve shared your information: You can ask us for a list 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 (if applicable), and health care operations, and certain other disclosures such as any you ask us to make. We will provide one accounting for free during each 12-month period. For any additional accountings we may charge a reasonable, cost-based fee.

    • Get a copy of this privacy notice: We will provide a hard copy of this privacy notice to you upon request, even if you previously agreed to receive the notice electronically.

    • 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 confirm this person has this authority and can act for you before we take any action.

    • File a complaint if you believe your privacy rights have been violated: You can file a complaint if you feel we have violated your rights by contacting us using the contact information on page 1 of this notice. You can also 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; by calling: 1-877-696-6775; or by visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

You also have a right to delete your CosmeticRx account. However, CosmeticRx may retain copies of the medical information you previously provided in order to comply with applicable laws. Any medical information that is retained by CosmeticRx will be used or shared in accordance with this privacy policy.

Your Choices

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

You have the right and the choice to tell us to share your information with your family, close friends, or others involved in your care. To the extent you are unable to tell us your preference, we may share your information if we believe it is in your best interest or if we need to share your information to lessen a serious and imminent threat to health or safety.

Except as otherwise indicated in this Privacy Policy, we will not share your information without your written permission for purposes of marketing or for purposes of selling your information,

Our Responsibilities

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

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

Collection and Use of Information from Children Under the Age of 18

The Sites are not intended for use by persons under the age of 18. CosmeticRx does not knowingly collect information from visitors under the age of 18 and, in the event that we learn that a person under the age of 18 has provided CosmeticRx with personal information, we will delete such personal information.

Disputes and Agreement to Arbitrate

EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, by using the Site, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

  • Address:, or
  • You, at the address we have on file for you.

Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable, with the exception of disputes related to or involving CosmeticRx’s intellectual property.

Choice of Law

For US residents, this Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of Massachusetts, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Your California Privacy Rights and How We Respond to Do-Not-Track Disclosures

California Civil Code § 1798.83 permits visitors to the Sites who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us by e-mailing us at X.

We do not share personal information with third-parties for their direct marketing purposes unless you consent to such disclosure, typically by “opting-in” to receive information from a third-party that is participating in a marketing, sweepstakes or other promotion on one of our Sites. If you do ask us to share your personal information with a third-party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.

Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your personal information collected via the Sites.

Changes to the Terms of this Privacy Policy

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

Contacting Us

If you have any questions, comments, or concerns regarding our privacy practices or this Privacy Policy, 

 please send us an email at the following address:

Support@CosmeticRx.com

Effective Date of Notice: January 1st, 2018

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