Last modified: January 17, 2018

Introduction

PRIVACY POLICY

OTCMeds, LLC, a Texas limited liability company (“Company,” “us,” “we,” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:

  • The types of information we may collect or that you may provide when you purchase, download, register with, or use OTCMe (the “App”); and

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies only to information we collect on or through the App and, in email, text, and other electronic communications sent through or in connection with the App.

    This policy DOES NOT apply to information that:

  • We collect offline or through any other means, including any other Company apps or websites, and any websites you may access through the App; or

  • You provide to or is collected by any third party.

    Our websites and other apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

    Consent

    PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT DOWNLOAD, REGISTER WITH, OR USE THE APP. BY DOWNLOADING, REGISTERING WITH, OR USING THE APP, YOU AGREE TO THIS PRIVACY POLICY AND THE COMPANY’S COLLECTION AND SHARING OF YOUR INFORMATION ACCORDING TO THE TERMS OF THIS PRIVACY POLICY. THIS POLICY MAY CHANGE FROM TIME TO TIME.

YOUR CONTINUED USE OF THE APP AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE POLICY PERIODICALLY FOR UPDATES.

Changes to Our Privacy Policy

We reserve the right, in our sole discretion, to update, change, modify, add or remove portions of this Privacy Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new Privacy Policy on this page with a notice that the Privacy Policy has been updated and notify you by an in-App alert the first time you use the App after we make the change. We may also notify you by email and/or text message to the primary email address and/or phone number specified in your account if we have this information. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you. Any changes to this Privacy Policy will be in effect as of the “Last Modified” date referenced in this Privacy Policy. You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Privacy Policy prior to using the App and from time to time so you are aware of any changes.

Children Under the Age of 18

The App is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If you are under 18, you must get a parent or guardian to use the app on your behalf. If you are under 18, do not use or provide any information on the App or provide any information about yourself to us, including your name, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18 (other than the information entered by a parent or guardian for the purposes of using the app), please contact us at Support@OTCme.com.

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.

  • Automatically when you use the App.

    Information You Provide to Us

    When you download, register with, or use the App, we may ask you to provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, password, or any other identifier by which you may be contacted online or offline (“personal information”).

  • That is about you but individually does not identify you. This information may include:

  • Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting or updating information when using the App, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys available on the App.

  • Your search queries on the App.

  • Information you share using certain features of the App, such as the “Share With a Friend” feature, in which case we may collect personal information about the sender.

    You may provide information to be published or displayed (“Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


    Automatic Information Collection and Tracking

    When you download and use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App. We may also anonymously collect the names of medications that you favorite while using the App.

• Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.

• Location Information. If you configure your device and the App to use location services, the App collects real-time information about the location of your device to locate pharmacies near you.

If you do not want us to collect this information do not download the App or delete it from your device. For more information, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.” Note, however, that disabling your device’s location tracking capabilities or opting out of the App’s collection of location information will cause its location-based features to be disabled.

We also may use these technologies to collect information about your activities on the App over time, but we do not use these technologies to collect information about your activities on third-party websites, apps, or other online services (behavioral tracking). “Do Not Track” is a proposed standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this privacy policy and we do not currently respond to “Do Not Track” signals in the App or on third-party websites or online services where we may collect information. The information we collect automatically is statistical data and does not include personal information, and we do not maintain it with personal information we collect in other ways or receive from third parties.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device. However, if you select this setting you may be unable to access certain parts of our App.

  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Content providers.

  • Advertisers, ad networks, and ad servers.

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

    These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and apps. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Your Choices About Our Collection, Use, and Disclosure of Your Information.”

    How We Use Your Information

  • We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.

  • Notify you when App updates are available, and of changes to any services we offer or provide though the App.

 

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our

    App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.

    We use the location information we collect to help you find local pharmacies that may be able to provide the medications you search for. We may also provide that information anonymously to advertisers and certain third parties.

    We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

    Disclosure of Your Information

    We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

    In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our App users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce our rights arising from any contracts entered into between you and us, including the App EULA and Terms of Use.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

    Your Choices About Our Collection, Use, and Disclosure of Your Information

    We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. The App may store cookies, but does not access cookies from external browsers and does not exchange any cookie data with our servers or store any cookie data in our databases. You may also be able choose whether or not to allow the App to collect information through other tracking technologies by changing your device’s settings. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use information about your device’s location through the device’s and the App’s menu/settings options. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.

  • Disclosure of Your Information for Third-Party Advertising and Marketing. The Company may sell or share aggregated information about our users, and information that does not identify any individual or device, with unaffiliated third parties for promotional purposes, but the Company does not share personal information of our users with unaffiliated third parties for promotional purposes.

  • Email Messages. You can unsubscribe from our email messages by following the directions included at the bottom of the email messages and using the “Unsubscribe” link found in the email messages.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Individually Identifiable Health Information

The App does not collect or transmit individually identifiable health information. The App’s content and the information collected and transmitted by the App is not, and is not intended to be, subject to applicable federal, state, local, and international laws regarding individually identifiable health information, including the provisions of the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and the regulations promulgated under the foregoing from time to time by the United States Department of Health and Human Services.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Your personal information is password protected and restricted within our organization to employees and trusted partners that need access to your personal information in order to correspond with you and provide you with our services. To the extent such laws are applicable, we will comply with all applicable federal and state laws that protect the confidentiality, privacy, and security of any personal information we collect from you.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. Do not to share your password with anyone. We urge you to use caution when disclosing information in public areas of the App. The information you share in public areas of the App may be viewed by any user of the App.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Linked Apps and Websites

This Privacy Policy is applicable only to the App and does not apply to any third- party apps or websites. The App may contain links to, and media and other content from, other apps and websites. In addition, such third-party media and content may also contain external links. Because of the dynamic media capabilities of the App, it may not be clear to you which links are embedded in the App and which are embedded in third- party media and/or content. The Company cannot and does not guarantee the privacy policies and practices of any third party. The Company does not control, operate, or endorse any information, products, or services of any third-party apps or websites that may be reached through links from the App. The Company is providing these links only as a convenience to you.

The use of any personal information provided by you to, or automatically collected from, a third party will be governed by that party's privacy policies. If you are unsure whether an app or website is controlled, affiliated, or managed by the Company, you should review the privacy policies at each linked app or website to determine how that site treats your personal information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

You may also contact us at OTCMeds, LLC, 17503 La Cantera Pkwy, STE 104- 465, San Antonio, TX 78257 to request access to, correct, or delete any personal information that you have provided to us. Upon your request, we will provide to you the personal information under our control, if any, as well as information about the ways in which that information is being used and disclosed. We will use commercially reasonable efforts to ensure that personal information we may be using or disclosing is accurate and complete. If you demonstrate that your information is inaccurate or incomplete, the information will be amended as appropriate. We will use commercially reasonable efforts to respond to any request and update your personal information, if necessary. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our Terms of Use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the App that 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 at Support@OTCme.com. Please note, however, that the Company does not disclose personal information to third parties for their direct marketing purposes.

 

Governing Law

This Privacy Policy shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to this Privacy Policy shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Texas, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. You and the Company agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

OTCMeds, LLC
17503 La Cantera Pkwy STE 104-465
San Antonio, TX 78257

or via email at Support@OTCme.com or via telephone: (210) 960-3847

PRIVACY POLICY