Privacy Notice
OptivMD offers an online communication platform for Providers and their patients to connect via the website through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. OptivMD does not provide medical advice or care. We use the information you share with us to help provide you with a customized experience from when you start interacting with us to providing you your own personalized treatment plan. OptivMD, LLC and our provider entities ("OptivMD," "we," "us," or "our") take your privacy and trust in us seriously. We are committed to protecting the privacy and security of the information that you share with us. The purpose of this Privacy Notice is to explain how we may collect, use, store, disclose, or otherwise process your personal information when you interact with us through the OptivMD website located at https://OptivMD.com/, our mobile application(s), our products and services, and/or other communication channels under our control such as email, telephone, or social media that link to this Privacy Notice (collectively, "Services" or "Website"). The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. All capitalized terms not otherwise defined in this Privacy Notice have the same meaning as set forth in the OptivMD Terms of Service, available here: https://OptivMDmd.com/terms-condition.
Table of Contents
- Collection of Information
- Sources of Information
- Use of Information
- Sharing of Information
- Security of Information
- Retention of Information
- California Privacy Rights
- International Transfers
- Updates
- Contact Us
- Medical Group Policy
Collection of Information
OptivMD collects and stores a variety of information when you use our Services. The specific types of information we collect will depend on the Services you use, but may include the following:
Personal Information: Personal information means information associated with or used to identify or contact a specific person. Personal information we collect may include:
- Audio, visual, and other electronic information such as photographs and videos for purposes of diagnosis or treatment
- Medical history such as medical conditions, medications, allergies, treatment options, prescriptions, and any other health-related information for purposes of diagnosis or treatment
- Commercial information such as your order and shipping history
Persons Under the Age of 18
Persons under the age of 18 are prohibited from using our Services. You consent to verification of your identity to establish your age through use of OptivMD's third-party identification service provider. OptivMD does not knowingly collect any information from persons under the age of 18. If you are a parent or guardian of an individual under the age of 18 and believe your child has disclosed personal or health information to OptivMD without your authorization, please contact us at [email protected].
Sources of Information
We collect information about you from the following categories of sources:
You (Actively)
You may actively provide us information when you use our Services such as through our websites, emails, social media, surveys, sweepstakes and promotions, or any other online or offline interactions.
You (Passively)
You may also passively provide us information through your interactions and use of our Services such as your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you've viewed or engaged with before or after using the Services, and other relevant information. We may use cookies and other tracking technology to collect this information.
Third Parties
We may receive information from third parties such as affiliates, business partners, and service providers to operate our business and improve your experience and interactions with us.
Publicly Available Databases
We may receive information that is available publicly, either online or offline, to operate our business and improve your experience and interactions with us.
Use of Information
OptivMD and our service providers may use information about you to:
- Prior to initiating the application questionnaire, you authorize OptivMD to use information shared with us to verify your identification through the use of third party vendors before we create your account.
- Provide telehealth and related services;
- Verify your identity as the holder of an account with us;
- Administer your account, process payments, troubleshoot issues, and provide you with customer support;
- Communicate with you about the Services, and to deliver any administrative notices or alerts and communications relevant to your use of the Services;
- Allow you to participate in sweepstakes, contests, or other promotions;
- Market our services and those of third parties that we believe may be of interest to you;
- Tailor the features, performance and support of the Services to you and your preferences;
- Provide, operate, analyze usage of, and improve the Services, including performing product research and development;
- Investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service or other policies;
- Make sure our terms, policies, and agreements with you and any third parties are enforced;
- Comply with applicable laws and regulations.
Email & Text Communications
OptivMD may send you marketing emails or texts to let you know of the latest news on our products and services. If you wish to stop receiving marketing emails from us, you can opt out by clicking the unsubscribe link in the footer of any marketing email or contact us at [email protected]. Please be aware that you cannot opt out of transactional emails. If you wish to opt out of all texts (including operational, promotional, or transactional texts), you can text the word "STOP" from the mobile device receiving the text messages.
Online Analytics
We use third-party service providers such as Google Analytics by Google LLC ("Google") to track and analyze Website traffic through the use of cookies and other tracking technology. For more information on the privacy practices of Google, please visit: policies.google.com/privacy. The Google Analytics Opt-out Browser Add-on is available at: tools.google.com/dlpage/gaoptout.
Do Not Track
At this time, we do not currently respond to "Do Not Track" signals or similar mechanisms.
Sharing of Information
We understand the importance of protecting the confidentiality of your information and limit our disclosure of your personal and/or health information to the following possible scenarios:
- To licensed medical providers so that they may provide you with the telehealth and related products and services you request;
- To third-party service providers acting on our behalf or to entities with whom we may collaborate to deliver the Services;
- In order to protect the safety and security of OptivMD, the Services, our operations, our customers, or any other related person or entity;
- In order to investigate, detect, deter, prevent, report, defend against, or take other action regarding security incidents, abusive behavior, suspected fraud, malicious or illegal activities, or violations of our Terms of Service;
- In order to establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others;
- In order to comply with applicable law or legal process such as a court order or subpoena;
- In connection with any reorganization, restructuring, merger, sale, acquisition, financing, dissolution, or other transfer of assets under the condition that the recipient agrees to respect your information consistently with this Privacy Notice.
Unless one of the above mentioned scenarios, we will not share, rent or sell your personal information to other companies or individuals without your consent. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes.
Security of Information
OptivMD understands the importance of securing your information. We are continuously implementing and updating our administrative, technical, and physical security measures to protect your information. For example, we use firewalls to monitor and control our network traffic, encryption to secure our data transmissions, and cryptographic hash functions to store or share certain data. Please be aware that using the Internet comes with inherent risks. No method of data transmission or storage can be guaranteed to be perfectly secure. You acknowledge and accept that we cannot guarantee the security of your information. If you notice suspicious activity or believe that your account may have been compromised, please contact us immediately at [email protected].
Retention of Information
We may retain your information as required or permitted by applicable laws and regulations. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23 or as required by state or federal law.
California Privacy Rights
"Shine the Light" Law (California Civil Code § 1798.83)
California law permits California residents to request certain details about how their information is disclosed with third parties for direct marketing purposes. We do not share your information with third parties for their direct marketing purposes.
Privacy Rights for California Minors in the Digital World Act
If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove information you posted on the Services. Request for removals should be sent to [email protected].
California Consumer Privacy Act of 2018 (CCPA)
If you are a California resident you have the following rights subject to certain exceptions:
- The right to know about what personal information in the last 12 months was collected, how it is used, and whether it is disclosed for a business purpose or sold to third parties;
- The right to request deletion of personal information;
- The right to opt-out of the sale of personal information; and
- The right to non-discrimination for the exercise of privacy rights.
OptivMD does not sell your personal information within the normal meaning of the word, but we do use cookies, pixels, and similar technology to improve your user experience. This could be considered a "sale" under CCPA. We will not discriminate against you for exercising your rights under the CCPA. You may submit a request to access or delete your personal information by emailing [email protected].
| Categories of Personal Information Collected | Categories of Third Parties (Disclosed for a Business Purpose) |
|---|---|
| A. Identifiers | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| B. Certain Personal Information (§1798.8) | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| C. Certain Characteristics of Protected Classifications | Affiliated Entities; Medical Providers; Service Providers (Customer Support/Feedback, Website Optimization, Data Analytics) |
| D. Commercial Information | Affiliated Entities; Medical Providers; Service Providers (Marketing Services, Payment Processing, Operating Systems, Website Optimization, Data Analytics) |
| F. Internet or Network Activity Information | Service Providers (Customer Support/Feedback, Marketing Services, Operating Systems, Website Optimization, Data Analytics) |
| H. Certain Audio/Electronic/Visual/Similar Information | Affiliated Entities; Medical Providers; Service Providers (Operating Systems, Website Optimization, Data Analytics) |
| I. Professional/Employment-related Information | Affiliated Entities; Medical Providers; Service Providers (Talent Acquisition) |
| K. Inferences | Service Providers (Website Optimization, Data Analytics) |
International Transfers
Your information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States and process it there. If you do not want your information transferred to or processed outside of the country or jurisdiction where you are located, you should not use the Services.
Updates
We may update this Privacy Notice from time to time and make changes to our information practices as permitted by law. Any changes will become effective when we post the revised Privacy Notice on the Services. If you are registered for the Services, you will be notified of any material changes to this notice prior to them becoming effective. Your use of the Services following this notice means that you acknowledge and accept the revised Privacy Notice.
Contact Us
If you have questions or concerns about this Privacy Notice, please contact us at [email protected].
Medical Group Notice of Privacy Practices
This Notice of Privacy Practices (the "Notice") tells you about the ways we may use and disclose your protected health information ("medical information") and your rights and our obligations regarding the use and disclosure of your medical information. "We" refers to, and this Notice applies to, [MD Integrations, Curexa Pharmacy], including, respectively, their providers and employees ("Medical Groups").
(1) Our Obligations
We maintain the privacy of your medical information and notify affected individuals following a breach of unsecured medical information, in each case to the extent required by state and federal law. We provide you this Notice explaining our legal duties and privacy practices with respect to medical information about you.
(2) How We May Use and Disclose Medical Information About You
The following categories describe the different ways that we typically use and disclose medical information, the purposes for such uses and disclosures, and the reasons for such uses and disclosures. The applicable Medical Group may communicate with you in the following specific ways and for the following specific purposes:
| Type | Purpose |
|---|---|
| Email communications | To obtain information from you necessary to provide services, communicate about your diagnosis and treatment, and provide information on special offers and deals |
| Texts | To obtain information necessary to provide services and communicate about your diagnosis and treatment |
| Customer Service Emails or texts | To provide updates on problems with orders, late shipments, and other questions applicable to your provider visit(s) |
| Tracking emails | To notify you when prescriptions have been shipped, will arrive, and other confirmations |
| Order information | To provide information on content of orders (additional products or samples) |
| Referral programs | To provide information on benefits you may receive if you refer another patient to the Medical Group |
For Treatment
We may use and disclose medical information about you to provide you with health care treatment and related services, including coordinating and managing your health care. We may disclose medical information to physicians, nurses, other health care providers and personnel who are providing or involved in providing health care to you.
For Payment
We may use and disclose medical information about you so that we may bill and collect from you, an insurance company, or a third party for the health care services we provide. This may also include the disclosure of medical information to obtain prior authorization for treatment and procedures from your insurance plan.
For Health Care Operations
We may use and disclose medical information about you for our health care operations. These uses and disclosures are necessary to operate and manage our practice and to promote quality care.
Quality Assurance and Utilization Review
We may need to use or disclose your medical information for our internal processes to assess and facilitate the provision of quality care to our patients.
Credentialing and Peer Review
We may need to use or disclose your medical information in order for us to review the credentials, qualifications and actions of our health care providers.
Treatment Alternatives
We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that we believe may be of interest to you.
Appointment Reminders and Health Related Benefits
We may use and disclose medical information to contact you to provide appointment reminders and other information, and to tell you about health-related benefits or services that we believe may be of interest to you.
Vendors
There are some services (such as billing or legal services) that may be provided to or on behalf of the Medical Groups through contracts with third parties. When these services are contracted, we may disclose your medical information to our vendor so that they can perform the job we have asked them to do. To protect your medical information, however, we require the business associate to appropriately safeguard your information.
Individuals Involved in Your Care or Payment for Your Care
We may disclose medical information about you to a friend or family member who is involved in your health care, as well as to someone who helps pay for your care, but we will do so only as allowed by state or federal law.
As Required by Law
We will disclose medical information about you when required to do so by federal, state, or local law or regulations.
Other
Subject to applicable legal requirements, we may also use your medical information (i) to avert an imminent threat of injury to health or safety, (ii) for organ donation purposes, for research, (iii) to appropriate military authorities if you are in the armed forces, (iv) for workers' compensation programs, (v) for public health activities, (vi) for health oversight activities, (vii) for other legal matters, (viii) for law enforcement purposes, (ix) to coroners and medical examiners, or (x) for marketing or fundraising purposes.
Electronic Disclosures of Medical Information
Under the law of certain states, we are required to provide notice to you if your medical information is subject to electronic disclosure. This Notice serves as general notice that we may disclose your medical information electronically for treatment, payment, or health care operations or as otherwise authorized or required by state or federal law.
With this authorization, you understand the following risks of communicating using unencrypted mediums:
- Email and texts can be forwarded, printed, intercepted, and stored by anyone with access to your email inbox or mobile phone.
- These mediums are convenient, but are not appropriate for emergencies or time-sensitive information.
- Your employer typically has the right to access any email received or sent by a person at work.
- Staff other than your healthcare provider may read and process email.
- Clinically relevant messages and responses will be documented and become part of your medical record at your Physician's discretion.
- OptivMD is not liable for information lost or misdirected due to technical errors or failures.
(3) Other Uses of Medical Information
Authorizations
There are times we may need or want to use or disclose your medical information for reasons other than those listed above, but to do so we will need your prior authorization. Any other uses or disclosures of your medical information will require your specific written authorization.
Psychotherapy Notes, Marketing and Sale of Medical Information
Most uses and disclosures of "psychotherapy notes," uses and disclosures of medical information for marketing purposes, and disclosures that constitute a "sale of medical information" under applicable state and federal law require your authorization. The Medical Groups do not anticipate that they will sell medical information or use or disclose any psychotherapy notes except by your Provider to provide you with ongoing mental health care.
Right to Revoke Authorization
If you provide us with written authorization to use or disclose your medical information for such other purposes, you may revoke that authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your medical information for the reasons covered by your written authorization.
(4) Your Rights Regarding Medical Information About You
Right to Inspect and Copy
Under most circumstances, you have the right to inspect and/or copy your medical information that we maintain in a designated record set. To inspect or copy your medical information, you must submit your request in writing to [email protected]. We may charge a fee for the costs of copying, mailing, or certain supplies associated with your request.
Right to Amend
If you feel the medical information we have about you is incorrect or incomplete, you may ask us to amend the information. To request an amendment, your request must be in writing and submitted to [email protected] with a reason to support the request.
Right to an Accounting of Disclosures
You have the right to request an "accounting of disclosures" of your medical information for up to six years prior to the date of your request. To request this list, you must submit your request in writing to [email protected] and state the time period you want covered. The first list you request within a twelve-month period will be free.
Right to Request Restrictions
You have the right to request a restriction or limitation on the medical information we use or disclose about you for Treatment, Payment, or Health Care Operations. To request restrictions, you must make your request in writing to [email protected].
Right to Request Confidential Communications
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. To request such confidential communications, you must make your request in writing to [email protected].
Right to an Email or Paper Copy of This Notice
You have the right to a paper copy of this Notice at any time. To obtain a copy, you must make your request in writing to [email protected].
Right to Breach Notification
In certain instances, we may be obligated to notify you if we become aware that your medical information has been improperly disclosed or otherwise subject to a "breach" as defined in and/or required by applicable law.
(5) Changes to This Notice
We reserve the right to change this Notice at any time, along with our privacy policies and practices. We will post a copy of the current notice on our website. When changes have been made to the Notice, you may obtain a revised copy by writing to [email protected].
(6) Complaints
If you believe that your privacy rights as described in this Notice have been violated, you may file a complaint with the applicable Medical Group at [email protected]. The Medical Groups will not retaliate against any individual who files a complaint. You may also file a complaint with the Secretary of the Department of Health and Human Services. If you have any questions about this Notice, please contact [email protected].
LAST UPDATED: November 15, 2024