PHOX reserves the right to change, modify, add or remove portions of the Terms at any time for any reason. Such changes shall be effective immediately upon posting. You acknowledge by accessing the App after we have posted changes to the Terms that you are agreeing to the Terms as modified.
What Data We Collect
We collect information such as your and/or the Patient’s name, age, gender, mobile number, email address, delivery address, and any other personally-identifiable information required to fulfill and deliver an order placed through the App (“Personal Information”).
We may also collect certain non-personally identifiable information, such as the number and frequency of users of the App, device IDs, location data, and other information relating to user interaction with the App. We may use such data to record and analyze usage information and otherwise to improve the App. We may also share such non-personally identifying information with our related entities, affiliates, contractors, licensees, agents, investors, and partners.
Information Sharing Generally
PHOX shares Personal Information with the Licensed Pharmacies in order to fulfill and deliver orders placed through the App. PHOX uses certain health information provided to it by the Licensed Pharmacies in compliance with applicable federal and state laws, including but not limited to the Health Information Privacy and Protection Act (“HIPAA”). The Licensed Pharmacies use Personal Information submitted by PHOX in accordance with the policies and procedures of each such Licensed Pharmacy, its residing state’s laws, and such use of Personal Information by the Licensed Pharmacies may not be under the control of PHOX. PHOX hereby disclaims any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses of expenses, for the actions and customer information practices of any of the Licensed Pharmacies.
We do not sell, rent, loan, or lease any Personal Information. We may disclose Personal Information to the government or private parties in connection with a lawsuit, subpoena, investigation, regulatory examination or similar proceedings. We may also disclose Personal Information where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms, to verify or enforce compliance with the policies governing the App and applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, or a transfer of any type of our assets to another company, Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by the Terms.
PHOX may use “cookies” to customize the content and offerings on our website, accessible at https://phoxhealth.com (the “Website”) and to help you navigate the Website. If you choose to provide information to us through the Website, this information may be linked to the data stored in the cookies. You may configure your mobile device or browser to accept or reject cookies.
Personal Information may be stored locally on your mobile device and may be transmitted across our servers in the United States. The transmission of information over wireless and wired networks is not inherently secure. We encrypt data transmitted through the App using SSL technology to help protect the Personal Information. The only PHOX representatives, agents or employees allowed to access Personal Information are those who are authorized by PHOX to do so and/or access such Personal Information in order to ensure that the orders placed through the App are transmitted to a Licensed Pharmacy, and filled and delivered to you in a timely and efficient manner.
California Privacy Rights
California residents are entitled to request a notice identifying the categories of personal information we share with affiliates and/or third parties for marketing purposes, and may request the contact information for such affiliates and/or third parties pursuant to California Civil Code sections 1798.83, 1798.84, and 1798.84. If you are a California resident and would like a copy of this notice, please email us at “support [AT] phox health dot com.” Please allow at least thirty days to receive a response to such request.
Only persons 18 years of age or older are permitted to use the App. The App is not directed toward children under 18 years of age nor does PHOX knowingly collect Personal Information from children under 18 years of age unless Personal Information is provided by the parents or guardians of such children. If you are under 18, please do not use the App and do not submit any personally identifiable information to PHOX.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
EFFECTIVE DATE: June 1, 2021
PLEASE REVIEW IT CAREFULLY
Phox Health is required by law to provide you with this Notice of Privacy Practices (“Notice”) upon request, so that you will understand how we may use or share your information from your Designated Record Set. The Designated Record Set includes financial and health information referred to in this Notice as “Protected Health Information” (“PHI”) or simply “health information.” We are required to adhere to the terms outlined in this Notice. If you have any questions about this Notice, please contact us.
UNDERSTANDING YOUR HEALTH RECORD AND INFORMATION
Each time you or your healthcare provider utilize our services, a record may be made containing health and financial information. Typically, this record contains information about your condition, the treatment you were provided and payment for the treatment. We may use and/or disclose this information to:
- Plan your care and treatment
- Communicate with other health professionals involved in your care
- Document the care you receive
- Educate health professionals
- Provide information for medical research
- Provide information to public health officials
- Evaluate and improve the care we provide
- Obtain payment for the care we provide
Understanding what is in your record and how your health information is used to help you to:
- Ensure it is accurate
- Better understand who may access your health information
- Make more informed decisions when authorizing disclosure to others
HOW WE MAY USE AND DISCLOSE PROTECTED HEALTH INFORMATION ABOUT YOU
The following categories describe the ways that we may use and disclose health information. Not every use or disclosure in a category will be listed, however, all of the ways we are permitted to use and disclose information will fall into one of the categories.
We may use or disclose health information about you to provide you with medical treatment. We may disclose health information about you to Phox Health personnel who are involved in your care. Different departments of Phox Health also may share health information about you in order to coordinate your care. We may also disclose health information about you to people outside Phox Health who may be involved in your care.
We may use and disclose health information about you so that the treatment and services you receive from Phox Health may be billed to you, an insurance company, a government payer or a third party. For example, in order to be paid, we may need to share information with your primacy care physician or his/her hospital or clinic about services provided to you. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.
For Health Care Operations
We may use and disclose health information about you for our day-to-day healthcare operations. This is necessary to ensure that all patients receive quality care. For example, we may use health information for quality assessment and improvement activities and for developing and evaluating clinical protocols.
We may also combine health information about many patients to help determine what additional services we should offer, what services should be discontinued, and whether certain new treatments are affective. Health information about you may be used for business development and planning, cost management analyses, insurance claims management, risk management activities, and in developing and testing information systems and programs. We may also use and disclose information for professional review, performance evaluation, and for training programs.
Other aspects of healthcare operations that may require use and disclosure of your health information include accreditation, certification, licensing and credentialing activities, review and auditing, including compliance reviews, medical reviews, legal services and compliance programs. Your health information may be used and disclosed for the business management and general activities of Phox Health including resolution of internal grievances and customer services.
In limited circumstances, we may disclose your health information to another entity subject to HIPAA for its own healthcare operations. We may remove information that identifies you so that the health information may be used to study healthcare and healthcare delivery without learning the identities of patients.
OTHER ALLOWABLE USES OF YOUR HEALTH INFORMATION
There may be some services provided to you through contracts with business associates. When these services are contracted, we may disclose your health information so that they can perform the job we’ve asked them to do and bill you or your third-party payer for services rendered. To protect your health information, however, we require the business associate to appropriately safeguard your information.
We may use and disclose health information to tell you about possible treatment options or alternatives that may be of interest to you.
Health-Related Benefits and services and Reminders
We may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.
Individuals Involved in Your Care or Payment for Your Care
Unless you object, we may disclose heath information about you to a friend or family member who is involved in your care. We may also give information to someone who helps pay for your care. In addition, we may disclose health information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.
As Required by Law
We will disclose health information about you when required to do so by federal, state or local law enforcement.
To Avert a Serious Threat to Health or Safety
We may use and disclose health information about you to prevent a serious threat to your health and safety or the health and safety of the public or another person. We would do this only to help prevent the threat.
Organ and Tissue Donation
If you are an organ donor, we may disclose health information to organizations that handle organ procurement to facilitate donation and transplantation.
Military and Veterans
If you are a member of the armed forces, we may disclose health information about you as required by military authorities. We may also disclose health information about foreign military personnel to the appropriate foreign military authority.
Under certain circumstances, we may use and disclose health information about you for research purposes. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another, for the same condition. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and tis use of health information, trying to balance the research needs with patients’ need for privacy of their health information. Before we use or disclose health information for research, the project will have been approved through this research approval process. We may, however, disclose health information about you to people preparing to conduct a research project so long as the health information they review does not leave Phox Health.
We may disclose health information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Federal and state laws on reporting may require or permit Phox Health to disclose certain health information related to the following:
Public Health Risks
We may disclose health information about you for public health purposes, including:
- Prevention or control of disease, injury or disability
- Reporting births and deaths
- Reporting child abuse or neglect
- Reporting reactions to medications or problems with products
- Notifying people of recalls of products
- Notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease
- Notifying the appropriate government authority if we believe a resident has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.
Health Oversight Activities
We may disclose health information to a health oversight agency for activities authorized by law. These oversight activities may include audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the healthcare system, government programs, and compliance with civil rights laws.
Judicial and Administrative Proceedings
If you are involved in a lawsuit or a dispute, we may disclose health information about you in response to a court or administrative order. We may also disclose health information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
Reporting Abuse, Neglect or Domestic Violence
Notifying the appropriate government agency if we believe a resident has been the victim of abuse, neglect or domestic violence.
We may disclose health information when requested by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or similar process;
- To identify or locate a suspect, fugitive, material witness, or missing person;
- About you, the victim of a crime if, under certain limited circumstances, we are unable to obtain your agreement;
- About a death we believe may be the result of criminal conduct;
- About criminal conduct at our facility; and
- In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the parson who committed the crime.
Coroners, Medical Examiners and Funeral Directors
We may disclose medical information to a coroner or medical examiner. This may be necessary to identify a deceased person or determine the cause of death. We may also disclose medical information to funeral directors as necessary to carry out their duties.
National Security and Intelligence Activities
WE may disclose health information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Should you be an inmate of a correctional institution, we may disclose to the institution or its agents health information necessary for your health and the health and safety of others.
OTHER USES OF HEALTH INFORMATION
Other uses and disclosures of health information not covered by this Notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose health information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose health information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you.
YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU
Although your health record is the property of Phox Health, the information belongs to you. You have the following rights regarding your health information:
Right to Inspect and Copy
With some exceptions, you have the right to review and copy your health information. You must submit your request in writing to our us. We may charge a fee for the costs of copying, mailing or other supplies associated with your request.
Right to Amend
If you feel that health information in your record is incorrect or incomplete, you may ask us to amend the information. You have this right for as long as the information is kept by or for Phox Health. You must submit your request in writing to us. In addition, you must provide a reason for your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:
- Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the health information kept by or for Phox Health; or
- Is accurate and complete.
Right to an Accounting of Disclosures
You have the right to request an “accounting of disclosures”. This is a list of certain disclosures we made of your health information, other than those made for purposes such as treatment, payment, or healthcare operations. You must submit your request in writing to us. Your request must state a time period which may not be longer than six years from the date the request is submitted and may not included dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a twelve-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restrictions
You have the right to request a restriction or limitation on the health information we use or disclose about you. For example, you may request that we limit the health information we disclose to someone who is involved in your care or the payment for your care. You could ask that we not use or disclose information about a diagnostic test you had to a family member or friend. We are not required to agree to your request. If we d agree, we will comply with your request unless the information is needed to provide you emergency treatment. You must submit your request in writing to us. In your request, you must tell us:
- What information you want to limit
- Whether you want to limit our use, disclosure, or both
- To whom you want the limits to apply, for example, disclosures to your spouse
Right to Request Alternate Communications
You have the right to request that we communicate with you about medical matters in a confidential manner or at a specific location. For example, you may ask that we only contact you via mail to a post office box. You must submit your request in writing to us. We will not ask you the reason for your request. Your request must specify how or where you with to be contacted. We will accommodate all reasonable requests.
Right to a Paper Copy of This Notice
You have the right to a paper copy of this Notice of Privacy Practices even if you have agreed to receive the Notice electronically. You may ask us to give you a copy of this Notice at any time.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice. We reserve the right to make the revised or changed notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current Notice in our facility and on the website. The Notice will specify the effective date on the first page. In addition, if material changes are made to this Notice, the Notice will contain an effective date for the revisions and a copy can be obtained by contacting a Phox Health administrator.
If you believe your privacy rights have been violated, you may file a complaint with Phox Health or with the Secretary of the Department of Health and Human Services. To file a complaint with Phox Health, contact us. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
If you wish to contact us regarding the terms in this Notice, please contact us below.
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