Privacy Policy for HolaDoctor, Inc.
This is the Privacy Policy for HolaDoctor, Inc. (“we”). This Privacy Policy applies to all information we collect online and offline from individual consumers, including via collectively www.holamedrx.com or www.holadoctor.com (“our Site”) and other acquisition and marketing channels (e.g., direct mail, registrations by printed forms or by phone, cross-sell programs, affiliate marketing, our Merchants (as defined in Section 4) and Business Partners (as defined in Section 4), etc.) that exist now or in the future (together, “Other Channels”). As used in this Privacy Policy, “our Site” also includes all any and all versions of the wireless application protocol (WAP) and mobile versions of our Site, and any and each of the extensions of our Site in social networking sites and third-party sites hosting user-generated content (e.g., Facebook and Twitter), that exist now or in the future.
This Privacy Policy informs users of our Site and Other Channels (collectively, “Users,” and individually, “User” or “you”) what information can be collected from Users of our Site and/or Other Channels, and/or such Users, how it can be used and disclosed, and the options Users have regarding their information. By submitting your information to our Site and/or Other Channels, you expressly give us permission to receive, store, and use that information in accordance with this Privacy Policy.
Notice to All Users:We use various third party suppliers and service providers to provide operational services and l support for our Site and/or Other Channels, including the collection, storage, and use of User information, and to approve, process, and fulfill your transactions for products and services offered on or through our Site and/or Other Channels. For example, if you sign up for the HolaMedRX the ”RX Discount Drug Program”, we have a contract with Envision Medical Solutions, Inc., to provide ID cards and to operate and manage the Program.
Notice to California Residents – Your Privacy Rights in California:Effective January 1, 2005, under California Civil Code Section 1798.83 (known as the "Shine the Light" law), if an individual who is a California resident has provided personal information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual's personal information to a third-party and knows or should have known that such third-party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what personal information was shared and with whom it was shared. A business may comply with this law by: (1) having EITHER a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use unless the customer has first affirmatively opted in to such sharing OR a published privacy policy of not sharing a customer’s personal information for third-parties’ direct marketing use if the customer has opted out to prevent his/her personal information from being shared for direct marketing use; AND (2) notifying the customer of his/ her right to opt out and providing a cost-free means for the customer to exercise that right.
You must send a request for disclosure requirements under this Act by email tosupport@holadoctor.net. Note that, under this law, we are not required to respond to a request from an individual more than once per calendar year and neither are we are obliged to respond to any request that is not sent to the email address indicated above.
1. Changes to Privacy Policy
We may change this Privacy Policy from time to time. When we do, we will inform you by posting a notice on our Site and/or through Other Channels. If you are a registered member of our Site, we may notify you of the changes to this Privacy Policy via email and/or may ask you to affirmatively acknowledge and consent to such changes (e.g., by checking a box or clicking a button) at the time of your next account login on our Site. Your continued use of our Site after such changes will be subject to our Privacy Policy that is current as of the time of such continued use. We also may notify you of the changes to this Privacy Policy via US mail. We encourage you to periodically review this Privacy Policy to stay informed on how we collect, use, and disclose personal information.
2. Types of Information We Collect
2.1 Personally Identifiable Information (“PII”).This is information that can identify or is linked to a specific User. When you engage in certain activities on our Site and/or Other Channels, such as creating an account, ordering a product or service, submitting content and/or posting content in discussion forums, entering a contest or sweepstakes or taking part in a particular marketing promotion, filling out a survey, posting a review, submitting your feedback, requesting information about our services, posting a video or signing up for special offers through our Site and/or Other Channels (collectively,"Identification Activities" and each, an"Identification Activity"), we may ask you to provide certain PII about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain PII, such as your first and last name, mailing address (including zip code), email address, telephone number, and date of birth. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
Also, keep in mind that if you use our Site and/or Other Channels to send information about a product or service to another person (e.g., friend, relative, etc.) we will also collect PII of that person to the extent disclosed by you.
2.2 Aggregate and Anonymous Information (“AAI”).This is information that does not identify a specific User and is not linked to him/her. For example, we may collect anonymous group data (demographic information, interests, and preferences, etc.) about our Users. We also collect general data about the traffic for our Site and/or Other Channels, such as: number of pages viewed during a given period, total ad impressions, average time a visitor stays on the Site per visit; average time a visitor stays on each page, and the percentage of visitors from a particular geographic area, etc. It is even possible to combine “User Activity Information” (this will be defined in Section 2.3) about our Users to produce general information that reflects the activities, habits, preferences, interests, etc., of our Users on a group level. In addition, we may take the PII and turn it into information that is not personally identifiable, e.g., by adding your information to that of others or eliminating personally identifiable elements (such as names) in order to make information “anonymous” or “impersonal.”
2.3 User Activity Information (“UAI”).This is the information collected about User activities on our Site and/or Other Channels, including the activities and transactions for products purchased under the Discount Drug Program. For example, web servers of our Site may automatically collect and record “clickstream data” for all visitors to our Site, such as Internet Protocol addresses (IP) (which are numeric labels assigned automatically to computers and mobile devices of users when they surf the Internet), requests for pages, pages visited, content viewed, clicks and searches, etc. We also use cookies and similar technologies to collect User Activity Information (UAI) of our Site (see Section 8 of this Privacy Policy for more information). If and to the extent we use any UAI in a manner that identifies a specific User individually (e.g., if we link or associate such information with a User’s name or address), it will be treated as PII. Otherwise, all UAI will be treated as AAI.
3. What we do with the information
3.1 Our use of PII.If you provide us or one of our Merchants (as defined below in Section 4), Business Partners (as defined below in Section 4), or Third Party Service Providers (as defined below in Section 4) in connection with an Identification Activity, we (and/or such Merchant, Business Partner, or Third Party Service Provider) will use the information to process, administer, manage and communicate with you about the Identification Activity. For example: (1) if you register for an account on our Site, we use your information to establish and manage your account and maintain it, and to communicate with you about it, (2) if you register to participate in one of our contests or sweepstakes, we will use your information to process your participation and to make and administer the contest or sweepstake (which includes contacting you in case you win); (3) if you send us a request or query, we will use your information to contact you about it; (4) if you order a product or service on our Site or through the Discount Drug Program, we use your information to process and fulfill your order, to communicate with you about it, and to provide customer service; (5) if you use one of our Sites to send information about a product or service to another person (e. g., a friend, relative, etc.), we will use that other person’s PII to allow him/her to receive the information you requested us to send; and (6) if you provide us your email or postal address, we may use that address to send you notices of a transactional, administrative or relationship nature or those required by law, such as notification of a substantial change in this Privacy Policy and/or our Terms of Use and/or Terms of Sale, notice of an actual or suspected security breach that affects the information stored by or for us, public relations announcements, etc.
We may also use your PII for advertising and direct marketing purposes. For example, we may send you email messages or direct mail regarding products and services, special offers, promotions, etc. Also, we may use your PII to provide advertisements of interest (i.e., advertisements potentially relevant or tailored to your interests) on our Site.
Similarly, we may use your PII to provide a better consumer experience. For example, if you buy products through the Discount Drug Program, we may use your UAI to determine the types of products and services which may interest you and then arrange to market or advertise to you similar or the same products and services.
We can also use your PII to locate and solve problems, resolve disputes, perform administrative tasks, communicate with you, enforce our agreements with you, including our Terms of Use and this Privacy Policy, comply with applicable law and cooperate with law enforcement activities.
In addition, we may share PII with others, as provided in Section 4 of this Privacy Policy.
3.2 Our Use of AAI.We use AAI to troubleshoot, administer our Site, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share AAI with others as provided in Section 4 of this Privacy Policy.
4. Disclosure of Information to Third Parties
4.1 We May Share PII with Merchants.We work with various merchants (collectively“Merchants”) to offer Users special deals, including for collective/group purchases. Based on the type of action you initiate, we may share your PII with and/or receive PII from Merchants. Sharing this information will allow a Merchant to process and deliver your order as well as to market directly to you should it choose to do so. However, we will only share PII with a Merchant if you engage in an Identification Activity, and then only to the Merchant involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of Merchants. While we inform Merchants that they are only permitted to communicate with you for the purposes of the specific promotion with our Site, we do not have any responsibility for the actions of Merchants, and the actions of Merchants are not in our control.
4.2 We May Share PII with Our Affiliates (as defined below). We may disclose PII to our Affiliates, so that they can market and promote products and services directly to our users. As used herein, “our Affiliates” refers to each and every one of our corporate affiliates (which exist now or in the future.
4.3 We May Share PII with Business Partners (as defined below).We may share PII with and/or receive PII from third parties with whom we and/or our Affiliates do business (collectively“Business Partners”) so that we and/or our Business Partners can market and advertise products and services directly to our Users. For example, if you sign up for the Discount Drug Program, Envision Medical Solutions, Inc. (which issues your ID card and operates and manages the Discount Drug Program) will be considered our Business Partner. Our Business Partners also include third parties who place or serve or manage ads on our Site and/or Other Channels (collectively“Third-Party Advertisers”).
4.4 We May Disclose PII to Third Party Service Providers.We may use third parties to provide services and functions on our behalf in connection with the Site and/or Other Channels, such as order fulfillment, sending of packages, mail or email, contests or sweepstakes administration, storage and security of data, research and analysis of data, providing marketing assistance, providing results and links related to search, provide technical support and maintenance to our Site, locate and troubleshoot and provide customer service (collectively, “Third Party Service Providers”). We may disclose PII to Third Party Service Providers who need to access to such information to provide services and functions on our behalf in connection with the Site and/or Other Channels.
Generally, we require that Third Party Service Providers only use our Users’ PII for purposes of performing services and functions on our behalf in connection with the Site and/or Other Channels, and that they maintain the confidentiality, security, and integrity of that information and not further disclose the information to others.
4.5 We May Transfer PII in a Business Transfer.As with any other company, we could merge with, or be acquired, in whole or in part, by another company. If this occurs, the successor or acquiring company would acquire the information maintained by or for us, including Personally Identifiable Information. The privacy policy of the successor or acquiring company in may govern the future use of your information.
4.6 We may disclose PII under other circumstances.We may disclose PII if doing so is required by law or, in our good faith belief, is reasonably necessary to: (1) comply with legal process (including a court order or subpoena); (2) cooperate with law enforcement; (3) enforce this Privacy Policy and/or our Terms of Use; (4) respond to an emergency; or (5) protect the rights, property or safety of our Site, our Users, and/or the public.
4.7 Unrestricted disclosure of AAI.Given the anonymous, non-personally identifiable nature of AAI, there are no restrictions under this Privacy Policy on how we may use, disclose, sell, or otherwise share such information. For example, we may freely share AAI with our Affiliates, Merchants, and Business Partners who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share AAI with Third Party Service Providers in order for them to perform services to us.
5. Updating and Correcting Information
We believe you should be able to access and edit the PII you provide to us. You may change your PII by sending an email tosupport@holadoctor.net. You can also send us your request by writing to HolaDoctor, Inc. 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076. When contacting us, please tell us your name, mailing address, email address and the information you wish to update.
We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on our Site and/or Other Channels. In addition, it may be impossible for us to completely delete all of your information because we periodically backup information.
6. User Choices Regarding Collection and Use of Information
Whether to provide PII is your choice; but you understand and acknowledge that if you do not provide your PII, you will not be able to participate in Identification Activities on our Site and/or Other Channels.
As a condition of registration, enrollment and/or purchase on our Site and/or Other Channels, we will send you Transactional/Administrative Communications and Promotional Communications. “Transactional/Administrative Communications” relate to a User’s activity on our Site and/or Other Channels, and include emails and/or direct mail regarding a particular User’s account, requests or inquiries, and purchases of products and services, notification of a material change in this Privacy Policy and/or our Terms of Use and/or Terms of Sale, notification of an actual or suspected security breach that affects Users’ PII stored by or for us. “Promotional Communications,” on the other hand, are emails and/or direct mail that advertise products, services, special offers, promotions, etc. from us, our Affiliates, Merchants and/or Business Partners.
Users cannot opt -out of Transactional/Administrative Communications. However, Users do have a choice with respect to Promotional Communications. If you do not want to receive Promotional Communications, you may elect to opt-out of receiving Promotional Communications at any time after registering by emailing us atsupport@holadoctor.net or using the opt-out means (i.e., a link to “unsubscribe”) provided in a Promotional Communication that you have previously received via email from us. You may also send your opt-out request in writing to us at HolaDoctor, Inc., 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076. When contacting us, please tell us your name, mailing address, email address, and which Promotional Communications you do not want to receive.
Also, you can choose not to allow us to use your PII for marketing purposes and not to allow us to disclose your PII to our Affiliates, Merchants, and Business Partners for their own marketing purposes by sending your request via email to support@holadoctor.net. You may also send your opt-out request in writing to HolaDoctor, Inc., 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076. When contacting us, please tell us your name, mailing address, email address, and that you want us to stop further use and sharing of your PII for marketing purposes. We will endeavor to honor your request as quickly as practicable. We will endeavor to honor your request as quickly as practicable. Your opt out election, once processed by us, will stop, on a going-forward basis, all further marketing uses and sharing of your PII by us.
IMPORTANT NOTICE: Your opt-out will NOT stop continued use of your information for marketing purposes by those of our Affiliates, Merchants, and Business Partners with whom we have already shared your information prior to your opt-out. To opt out of their further use of your information, you must contact them directly (or use the opt-out means provided by them). Also, if you participate in an event or a product/service offering that is co-sponsored by us with one or more third parties, you must contact our co-sponsor(s) directly in order to opt out of their use of your information for marketing purposes.
7. Security of Information
We take security seriously and implement various measures to protect the security of your PII. You can get access to your PII contained on our site through a user name and password (if you are a registered member of our Site). This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your PII resides on a secure sever that only selected personnel and contractors have access to. We encrypt certain sensitive information using a technology of Secure Sockets Layer (SSL) in order to protect your PII as it is transmitted to us.
Unfortunately, there is no guarantee that data transmission over the Internet or any wireless network is 100% secure. As a result, while we employ commercially reasonable security measures from to protect data and seek to partner with companies that do the same, we cannot guarantee the security of any information that is transmitted to or from our Site and we are not responsible for the actions of any third parties that may receive such information.
By providing your email address on our Site and/or any Other Channel, you acknowledge and agree that we may notify you by email in case there is a security violation that affects your PII stored by us or for us.
8. Data Tracking
8.1 Cookies.In order to facilitate and customize your experience on our Site, we store cookies in your computer. A cookie is a small text file stored on a User’s computer for registration purposes that contains information about the User. We use cookies to save you time while using our Site, to remind us who you are, and to track and target Users’ interests in order to provide a personalized experience. Cookies also allow us to gather your UAI, such as which pages you visited and which links you clicked on. The use of this information helps us to create a more comfortable experience for all visitors. Although most browsers accept cookies automatically, you can usually modify your browser setting to decline cookies. Note that if you reject or delete these cookies, it is possible that certain parts of our Site will not function properly.
You can set your browser to notify you when a cookie is sent to you and to give you the opportunity of deciding when to accept it and when not to, or you can choose to delete the cookies that have been stored on your computer manually. If you choose to disable or reject cookies, you will be able, anyway, to enter our Site, but you may not have full access to all areas of our Site. For more information on how to manage cookies in your web browser, visitwww.aboutcookies.org.
8.2 Other Recording Devices.We may use other industry standard technologies, such as pixel tags and web beacons to keep track of your use of the pages and promotions of our Site or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages of our site or our email messages that allow us to determine whether you have performed a specific action. When you access these pages, or open or click on an email message, pixel tags and web beacons generate a warning that does not permit personal identification of such action. Pixel tags allow us to measure traffic and visitor behavior on our Site and improve our understanding about it,and also gives us a measure of our promotions and performance. We may also use pixel tags and web beacons provided by third parties for the same purposes.
8.3 Using Cookies and Other Recording Devices by Third Party Advertisers.Third Party Advertisers, including the so-called “network advertisers” or “ad networks” can place, provide or manage ads on our Site. When you visit our Site, such Third Party Advertisers may use cookies, web beacons, and/or other recording devices to gather UAI about your visits to our Site and to deliver ads based on your interest directly to your browser. This Privacy Policy only covers the use of cookies by our Site and does not cover the use of cookies or other recording devices by any Third Party Advertisers. For more information about the practices on data management of some of these Third Party Advertisers and how to choose not to allow them to use your information, visitwww.networkadvertising.org/managing/principles.aspandwww.networkadvertising.org/managing/opt_out.asp.
8.4 Third-Party Features.To improve your experience on our Site, it contains links to third-party features and/or it enables certain features from third parties, which include social networking accessories, tools, and application programming interfaces (API). Before using any third-party feature (e.g. the “like” button on Facebook) on our Site, you should consult the privacy notices of third party providers of these Functions (e.g., Facebook), as we have no control over such third party information sent to our collected by them or how to use it. The privacy policies and data practices of such third parties may differ significantly from ours. We make no representation or warranty of any kind with respect to its policies and practices. Your communication and interaction with these third parties are solely between you and them, and you assume the risks involved.
8.5 The DoubleClick DART Cookie.Google, as a Third Party Adviser, uses cookies to deliver ad son our site. In particular, Google uses the DoubleClick DART cookie which enables it to provide advertisements through the DoubleClick technology for provision of advertisements. The cookie is placed on your computer when you search the web and visit a site that supports advertising sent via the DoubleClick technology (including some Google AdSense advertisements). This cookie is a “persistent” cookie ,“ i. e., it can be stored in the cookie folder in the hard drive of your computer and remain in this folder even after you close your web browser. This cookie is used to deliver advertisements that are specific to you and your interests (“selected based on interests”). The advertisements provided will be selected based on your previous browsing history. The DoubleClick DART cookie uses “information that does not allow personal identification.” It does NOT save Personally Identifiable Information about you, such as your name, email address, home address, telephone number, Social Security number, Credit/Debit Card number, or other information about financial accounts.
To opt out of the DoubleClick DART cookie and associated advertising “selected based on interests,” visitwww.doubleclick.com/privacy/dart_adserving.aspx.PLEASE NOTE that if you delete or otherwise modify the cookies file of your browser (including the updating of certain browsers), you may need to again opt out of receiving the cookie. NOTE that opting out of receiving the advertisements cookie doesn’t mean you won’t see pop-ups and advertising banners inserted into web sites! You can control many pop-ups by using free software available online or disabling JavaScript in your browser.
If you want to disable some or all cookies (see Section 8.6 below on Flash cookies or similar technologies), you may do so through your individual browser options or using special software. For more detailed information about cookie management with specific web browsers, see the websites of the respective browsers. Alternatively, you can use the guidance available onwww.aboutcookies.org/Default.aspx?page=1.
You can find more information about the DoubleClick DART cookie used by Google in advertisements at the the publisher’s web site that displays AdSense advertisements for content inwww.doubleclick.com/privacy/faq.aspx.
8.6 Flash Cookies.It is posible that, in time, we or Third Party Advertisers use Flash cookies Flash or a similar technology for registration purposes, to store preferences or when providing or managing ads on your Site. For more information about what a “Flash cookie” is and does (also known as “Local Shared Object” or “LSO”), visitwww.adobe.com/products/ flashplayer/articles/lso/ yepic.org/privacy/cookies/flash.html.
It is important to know that Flash cookies cannot be rejected, disabled, cancelled, or deleted, just like regular cookies, such as HTML cookies HTML. It is possible for Flash cookies to remain on your computer even after you have rejected, disabled, cancelled, or eliminated regular cookies. For more information on how to manage and remove Flash cookies, visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/ settings_manager07.html
9. Privacy Policies of Third Party Websites
Our Site and/or Other Channels may provide links to third-party websites (such as websites of our Merchants and Business Partners). Also, our Site and/or Other Channels may contain and/or display third-party ads (such as ads of our Merchants and Business Partners), and clicking or replying on such ads will take you to third-party websites. We have no control whatsoever over such third parties, their websites, or their products or services. Once you leave our Site and go to a third-party site or initiate communication with a third-party, this Privacy Policy will no longer apply, and any information collected from or about you on that third-party site will be governed by the privacy policy of that third party. Third-party sites do not follow our Privacy Policy and their privacy policies may be substantially different from this Privacy Policy. Such third-party sites may send their own cookies to you and may collect data from and/or about you and make use of that data in ways that our Site would not. You access such third-party sites, services or products entirely at your own risk. You should always read the privacy policy for a third-party site, service or product before disclosing any personal information on such site or in exchange for such product or service.
10. General Provisions
10.1 Children.Children's safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Site is not directed to children, and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13, and you become aware that the child has provided us with personal information without your consent, please contact ussupport@holadoctor.net, or write to us at HolaDoctor, Inc., 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076.
10.2 Public Forums and Public Profile Feature. We feature public forums such as chat rooms, message boards, bulletin boards, recipe swaps or similar activities where you and other users of our Site can communicate with one another. In addition, we offer the “Public Profile” feature of this Site to permit you to share information about yourself (including, if you elect, Personally Identifiable Information) with others. THIS PRIVACY POLICY DOES NOT PROTECT YOU WHEN YOU USE OUR PUBLIC FORUMS OR PROVIDE INFORMATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) ABOUT YOURSELF THROUGH THE PUBLIC PROFILE FEATURE AVAILABLE ON THIS SIITE. You should be aware that any information shared in a public forum such as a chat room, message board, bulletin board or recipe swap or through our Public Profile feature is public information and may be seen or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any information in any public forum, or through the Public Profile feature, on this Site.
10.3 Consent to Processing in the United States.By providing any PII to us, all Users, including Users in Canada and the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the transfer of such PII across international borders in accordance with our standard operations, including the collection, storage, and processing of such information in the United States of America.
11. Contact Us
If you have any questions or suggestions about this Privacy Policy or our privacy practices, please email us at support@holadoctor.net. You may also send your request in writing to HolaDoctor, Inc.. 900 Old Roswell Lakes Parkway, Suite 230 Roswell, GA 30076