THIS NOTICE DESCRIBES
HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
This notice describes the privacy practices of ViagraOverstock.com,
and affiliated websites. This notice also describes
the privacy practices of the physicians providing medical
consultations and the pharmacies filling prescriptions
for customers of these websites. These companies and
physicians have agreed to the terms of this Notice of
Privacy Practices, and are sending you one notice instead
of sending you a separate notice from each of them.
This privacy notice and the privacy practices explained
in this notice notify you of our commitment to protecting
private health information, and permitting patients
to exercise their rights concerning health information.
No legal relationship between these physicians and companies
is created or implied for any other purpose.
Your Health Care Information is Your Personal Information.
We know that information about your prescriptions and
your health care is private. To process prescriptions,
we must create certain records which contain information
about your health. These records include medical questionnaires,
prescription profiles, prescriptions, and billing records.
The law requires that we give you written notice of
our privacy practices, and requires that we follow the
terms of our privacy notice currently in effect. This
Notice of Privacy Practices describes our commitment
and the commitment of the physicians and pharmacies
to the protection and confidentiality of your health
information. This notice also describes your rights
concerning your health information, including your right
to inspect and amend your health information. We are
committed to following the law which requires that protected
health information is kept private subject to legal
requirements which authorize or require its disclosure
in limited circumstances.
How We May Use and Disclose Health Information
Unless we have your written authorization, we will not
use and disclose your protected health information,
except under the limited circumstances explained below.
We will not disclose protected health information about
you for any other reason without your written authorization.
If you give us an authorization permitting us to release
protected health information, you may revoke the authorization
in writing, except to the extent we have already disclosed
information pursuant to the authorization.
A. Health Information is Used to Allow Us to Fill Your
Prescriptions. We may use or disclose your protected
health information for the purpose of providing treatment
to you through the filling of prescriptions and allowing
physicians to evaluate whether prescriptions are appropriate
for you. For example, if you request a prescription,
a licensed physician will evaluate whether you meet
the criteria for the issuance of a prescription based
upon your health information provided to the physician.
The prescription, along with information you have provided
concerning your health, will be provided to a licensed
pharmacy for the purpose of filling the prescription.
B. Limited Information is Used to Obtain Payment for
Prescriptions. We obtain payment for our services through
your credit card company or through a check processing
service. The only information we share with your credit
card company or check processing service is your name,
billing address and phone number, and credit card number.
For customers paying by check, we also provide your
checking account number to a check processing service.
We do not share any information with your credit card
company or check processing service which discloses
the type of medication dispensed to our customers. All
personal and credit card information is submitted using
Secure Encryption Technology.
C. Information May Be Used for Health Care Operations.
We may use or disclose health care information for our
operations. For example, the physicians, and pharmacies
involved with your care may disclose health care information
to each other as necessary to assist them with providing
treatment to you, operating their companies, or to obtain
payment.
D. Refill Reminders and Information about Treatment
Alternatives. We may use health care information to
contact you by e-mail for the purpose of reminding you
of your ability to obtain prescription refills, or inform
you about treatment alternatives or other health related
benefits and services that may be of interest to you.
Please advise our Privacy Officer by e-mail at the privacy
contact address described at the end of this Notice
if you do not wish us to contact you concerning refill
reminders, treatment alternatives, or other health related
benefits and services that may be of interest to you.
E. Disclosures as Required by Law. We may use or disclose
protected health information if required to do so by
federal, state, or local law. The use or disclosure
will be made in compliance with the law, and will be
limited to the relevant requirements of the law. For
example, we may be required to disclose your health
information in relation to cases of suspected abuse,
neglect, domestic violence or certain physical injuries,
or to respond to a subpoena, or order of a court or
administrative tribunal.
F. Disclosures for Public Health Activities. We may
be required to disclose protected health information
for public health activities to a public health authority
authorized by law to collect or receive this information,
such as the Food and Drug Administration, for the purpose
of preventing or controlling disease, injury, or disability.
G. Disclosures to Coroners and Medical Examiners. We
may be required to disclose health information about
patients who have died to coroners and medical examiners
so they may carry out their duties, such as determining
the cause of death.
H. Disclosures Concerning Organ Donors. If you are
an organ donor, we may be asked to disclose information
concerning your health or drugs we have prescribed to
organ procurement organizations, eye banks, and other
similar organizations for the purpose of facilitating
organ, eye or tissue donation and transplantation.
I. Disclosures to Avert a Serious Threat to Health.
As required by law and standards of ethical conduct,
we are permitted to release your health information
to the proper authorities if we believe, in good faith,
that such release is necessary to prevent or minimize
a serious and imminent threat to your, the public's,
or another individual's health or safety.
J. Disclosures for Health Oversight Activities. We
are permitted to disclose your health information to
a health oversight agency for monitoring and oversight
activities authorized by law. This might include release
of information to the state agency that licenses pharmacies
for the purpose of monitoring or inspecting pharmacies
related to that license.
K. Disclosures for Workers Compensation Purposes. We
may be required to release protected health information
about you to the extent necessary to follow the laws
relating to workers compensation or other similar programs
that provide benefits for work related injuries or illness.
L. Disclosures to Business Associates. We may request
certain businesses to assist us with our health care
operations. In the event it is necessary to disclose
protected health information pertaining to our customers
to these business associates, we will enter into written
contracts with them requiring that they keep protected
health information private and secure.
Your Rights Pertaining to Your Health Care Information
A. Right to Request Confidential Communications. We
intend to communicate with our customers primarily by
e-mail at the e-mail address which you provided to us
and to ship medications to the shipping address you
have provided. You have the right to request that we
communicate with you in a certain way or at a certain
location. For example, you can ask that we only contact
you by U.S. mail at a private post office box. We will
not ask you the reason for your request.
To request we communicate with you to a specific location,
or in a particular manner, please obtain our "Request
for Communications via Specific Means or at Alternative
Locations" form by contacting our Privacy Officer
as described later in this Notice, and submit the completed
form to our Privacy Officer by e-mail or U.S. mail.
We will accommodate all reasonable requests.
B. Right to Request Restrictions. You have the right
to ask for restrictions on how your health information
is used or to whom your information is disclosed, even
if the restriction affects your treatment, our payment,
or health care operation activities. However, we are
not required to agree to your requested restriction
and, even if we agree to the requested restriction,
we are permitted to use your information without complying
with the restriction if necessary to treat you in an
emergency situation.
To request a restriction, please obtain our "Request
for Restrictions on the Use and Disclosure of Health
Information" form by contacting our Privacy Officer
as described later in this Notice, and submit the completed
form to our Privacy Officer by e-mail.
C. Your Right to Inspect and Obtain a Copy of Your
Health Information. You have the right to inspect and
obtain a copy of health information that we maintain
about you. This includes prescription records and billing
records. To inspect or request a copy of your health
information, please contact and obtain our "Request
to Copy or Inspect Records" form from our Privacy
Officer as described later in this Notice, and submit
the completed form to our Privacy Officer specifying
the records you would like to inspect or to have us
copy for you. If you request a copy of the records,
we may charge a fee for the cost of copying, mailing,
or services associated with your request. In certain
very limited circumstances, the law provides that we
may deny your request to inspect or copy these records.
If you are denied access to health information, you
may request that the denial be reviewed by a licensed
health care professional chosen by us who did not participate
in the original decision to deny your access to review
your request and the reasons for the denial.
D. Your Right to Request an Amendment to Your Health
Information. If you believe the health information within
your medical record is incorrect, you may ask us to
amend the information. Please submit such requests in
writing by e-mail or U.S. mail to our Privacy Officer
at the address listed below, and include the requested
amendment along with a reason you believe your health
information should be amended. We are not required,
however, to honor your request if we did not create
the information you are requesting be amended or if
the information in your record is correct. We will respond
to your request in writing within 60 days of the date
of receipt of your written request for amendment of
your information, unless we advise you we require an
additional 30 days.
E. Right to an Accounting of Disclosures. You have
the right to request a list accounting for any disclosures
of your protected health information we have made, except
for uses and disclosures for a) treatment, payment,
and health care operations, b) disclosures to you, c)
disclosures pursuant to your authorization, and d) disclosures
for certain other limited reasons specified by law.
To request a list of disclosures, please contact our
Privacy Officer by e-mail at the address listed below,
and obtain our "Request for an Accounting of Disclosures
of Protected Health Information" form, and submit
the completed form to the Privacy Officer. Your request
must state a time period which may not be longer than
six years, and may not include dates before April 14,
2003. The first list you request within a 12 month period
will be free. For additional lists, we may charge you
for the costs of providing the list. We will mail you
a list of disclosures within 60 days of your request,
unless we advise you we require a period of up to an
additional 30 days to comply with your request.
F. Right to a Paper Copy of this Notice. You have the
right to obtain a paper copy of this notice at any time.
To obtain a paper copy, please request it from our Privacy
Officer at the address listed below. You may also view
and print a copy of our Notice of Privacy Practices
at www.ViagraOverstock.com or this website.
G. Effective Date. This revised Notice of Privacy Practices
is effective on May 5, 2003; and pertains to all protected
health information we maintain.
H. Changes to this Notice. We reserve the right to
change this notice, and we may make the revised or changed
notice effective for all protected 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 on our website. The notice will contain
an effective date. In addition, each time you request
medications from us, our current Notice of Privacy Practices
will be available to you. Our current Notice of Privacy
Practices may be viewed on the ViagraOverstock.com website,
and may be obtained by requesting it by telephone or
by e-mail from our Privacy Officer.
I. Complaints. We are committed to safeguarding your
protected health information. Despite our good faith
efforts, questions, concerns, mistakes, and misunderstandings
may arise. If you have a concern or believe that we
may have violated your privacy rights, we encourage
you to bring that to our attention.
You may bring any complaints or concerns regarding
your privacy rights to our attention by calling (888) 701-4990 and requesting to speak with our Privacy Officer or
their authorized representative. If you prefer, you
may submit a complaint in writing to our Privacy Officer
to info@viagraoverstock.com. You also may complain
to the Secretary of the Department of Health and Human
Services or his or her authorized representative if
you believe your privacy rights have been violated.
We take all concerns and complaints very seriously
and will investigate each one promptly. If we made a
mistake, we will do what we can to correct it and take
steps to prevent mistakes in the future. Under no circumstances
will we retaliate against you for expressing a concern
or filing a complaint relating to your privacy rights.
J. Privacy Officer and Privacy Contact Person. If you
have any questions about this notice or wish to exercise
any of your privacy rights, please contact ViagraOverstock
Privacy Officer, or their authorized representative,
by e-mail to info@viagraoverstock.com, or by calling
the following telephone number (888) 701-4990.
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