PRIVACY POLICY

Last Update: Feb 10, 2020

INTRODUCTION

This privacy policy (the “Policy”) constitutes an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (“user”, “you” or “your”) and Hamptons Pharmacy, its affiliates and subsidiaries (collectively, “us”, “our” or “we”).

We are dedicated to protecting the privacy rights of our users. This Policy describes how we collect, protect, use and disclose information and data created in the course of your access to and use of the Site, Content and/or Services (as defined below).  Please note that this Policy applies only to information collected through the Site, Content and/or Services and does not apply to information you disclose to us through offline correspondence or personal contact with our representatives.

If you have any questions or concerns after reading this Policy, please email us at manager@hamptonspharmacy.ca

DEFINITIONS

In this Policy, the following terms shall have the following meanings:

1. "Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, badges and ranks, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
2. "Minor(s)" means a person or persons under the age of majority in the jurisdiction where the Dispensing Pharmacy is located.
3. “Patient” means a person who has received a prescription for medication.
4. "Patient Representative" means a person who consents to act and is authorized to act on the Patient's behalf to manage their prescriptions and use of the Services in compliance with applicable laws and regulations.
5. “Services” means all services made available by us, including but not limited to services accessed through the Content and the Site
6. “Site” means our website, its related webpages and sites (including, without limitation, any mobile optimization website), and our mobile applications.
7. "User Generated Content" or "UGC" means any Content whatsoever that a user, including you, submits, creates, uploads, transfers, or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data or in-media screen shots, video, audio or other Content posted in any public or private area within the Site or through the Services.

ACCEPTANCE OF TERMS AND REVISIONS

By accessing the Site and/or submitting information to us, regardless of whether you register an account with us, or downloading, installing or using any of the Content or Services, you consent to the collection and use of your information by us in accordance with this Policy. If you do not accept the terms of this Policy, you must not submit information to or register an account with us, access the Site, or download, install or use any of the Content or Services.

We reserve the right to revise this Policy at any time. Any changes to this Policy will be posted on the our Site and/or Services. It is your responsibility to review the terms of the current Policy when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to this Policy are posted, you will be deemed to have accepted those revisions.

TYPES OF INFORMATION WE COLLECT 

There are two types of information we may collect through your access to and use of the Site, Content and/or Services:

• (a) “Personal Information” means information about an identifiable individual (including any “Personal Information” as such term is defined in the Personal Information Protection and Electronic Documents Act, Canada). Personal Information may include, but is not limited to: a person’s name, email address, residential address, precise geo-location information (i.e., your specific location), telephone number, date of birth, health care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment card information, transaction history, other billing information, occupation, employment status, and in some cases, user name. When signing up for health-related services or ordering prescription drugs, Personal Information may also require you to provide certain physical and mental health information, including but not limited to personal and family medical history information, details of your existing medications, existence of drug allergies, medications requested and prescription information, the name of your primary physician and his or her contact information, your provincial health number and any private health benefits number or account information.
• (b) “Non-Personal Information” means information that does not identify you and cannot be used to contact you personally. Non-Personal Information may include: your date of birth, age, gender, postal code and non-precise geolocation information (e.g., your city). Non-Personal Information also includes “Usage Data” which is anonymous data associated with your computer, mobile device, and/or media system platform that includes in-media time, activities, purchases, badges and ranks.

The choice to provide us with Personal Information and Non-Personal Information (notwithstanding Usage Data) is yours. If you do not wish to have us collect your Personal Information through the use of our Site, Content and/or Services, you can choose not to provide it. However, your decision to withhold particular details may limit the Services we are able to provide and make it more difficult for us to advise you or suggest appropriate alternatives to our Services. If we are unable to accommodate your requests based on the information that you have provided, we may ask for additional information so that we may better accommodate your needs.

APPLICATION OF THIS PRIVACY POLICY

This Policy only applies to the information we collects and uses, or is supplied, through the access to and use of the Site and/or Services. We are not responsible for the actions of any third parties, the content of their websites, the use of information you provide to them or any products or services they may offer. Any information you disclose to a third party is dealt with in accordance with the privacy policies adopted by each of those third parties. Individuals are encouraged to review the privacy policies maintained by each of those third parties to understand how their information will be used by those entities to process requests.

The Site, Content and/or Services may contain links to third party websites (the “Linked Sites”) that are not controlled or operated by us. Linked Sites are offered solely as a convenience to you and do not constitute our sponsorship or endorsement of, or affiliation with those third parties. The Linked Sites are maintained by third parties who have their own privacy policies and their own terms and conditions of use. This Policy does not apply to any of the Linked Sites and we are not responsible for any information disclosed to or collected by those Linked Sites or for the privacy practices of any operators or sponsors of the Linked Sites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor shall it be construed as constituting an agency relationship between usy and the third party. As we cannot control the activities of third parties, we expressly disclaim all and liability for any use of your information by such third parties. Further, we do not guarantee that these third parties will adhere to the same privacy and security practices as us. To determine how your information will be treated when accessing or using the Linked Sites, you must read the privacy policy, if any, that applies to each of the Linked Sites.

CONSENT

By submitting Personal Information to us, you agree that we may collect your Personal Information. You consent to the use, disclosure and transfer of your Personal Information in accordance with this privacy policy as permitted or required by law. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting us through the contact details provided below. If you refuse or withdraw your consent, you acknowledge that we may not be able to provide you with or continue to provide you with certain Services which may be of value to you.

COLLECTION OF INFORMATION

We may collect information (including Personal Information) as follows:

• (a) Information You Provide to Us. When you open an account with us, request support, or in any other way take steps that require the submission of information, we may collect information such as: your name, email address, telephone number, date of birth, gender, provincial personal health number, information regarding allergies, medical history, insurance and payment information, employment status, occupation and username. This information is necessary for verifying your identity, fulfilling your orders, contacting you in regard to your prescription and providing you with the Services. We store your information for your security and for us to verify your identity with Alberta Netcare EHR.
• (b) Information Provided to Us by Your Patient Representative or by a User for Whom You Will Be a Patient Representative. If a user wishes to have you act as the user's Patient Representative for the purposes of managing the user's prescriptions and Services, we may collect information about you from that user, such as: your name, email address, telephone number, date of birth and gender. If another user wishes to act as a Patient Representative for you, we may collect: your name, email address, telephone number, date of birth and gender. If you are a user and you are a parent or guardian of a Minor, and you wish to act as a Patient Representative for the Minor for the purposes of managing the Minor's prescriptions and Services, we may collect from you the Minor's name, date of birth and gender. This information is necessary for verifying your identity or your Patient Representative's identity, fulfilling your orders, contacting you regarding your prescription, and providing you with the Services.
• (c) Social Media Sites. If you choose to connect to our Site and/or Services through a third-party social network such as Facebook, Facebook Messenger, Instagram and or WhatsApp, we may collect information from your profile on such third-party social networks, including: your name, username, photograph, gender and date of birth.
• (d) When You or Your Patient Representative Make Purchases Through Our Site and/or Services. When a purchase is made through our Site, we will collect your credit card information. Other information, such as your insurance information, policy numbers, and group plan information will be stored and processed by us.
• (e) When You or Your Patient Representative Fill Prescriptions Through Our Site and/or Services. When a prescription is filled through our Site, you or your Patient Representative will provide us with your prescription information, including the medication requested, amounts, and information regarding your physician or other prescribing professional. We will use this information to fill your prescriptions as required.  This information will be stored, processed, and shared with the Alberta Netcare HER. We may also contact your physician or the prescribing professional if additional information regarding your prescription is required. Some additional information obtained from your physician or prescribing professional may also be Personal Information, such as additional information regarding your medical history or medications.
• (f) Public Forums. If you choose to make use of any public forum, blog, comment section or chat function, we may collect any information you may disclose through such means.
• (g) In-Media Communications. If you choose to send a message to us through our message, chat, post or other function, we may collect any information you may disclose through such means in order to facilitate the communication.
• (h) Push Notifications. If you choose to enable push notifications, we may use your information such as your device ID or email address in order to send push notifications to your device.
• (i) Your Location. We may collect precise geolocation information using any of the Site, Content and/or Services.
• (j) Information You Submit to Us. If you choose to submit your information to us for any other reason in any other form, we will collect such information and use it for the purposes for which you submitted it.
• (k) Visiting Our Site. We will not collect any Personal Information from you simply by virtue of you visiting our Site. We only collect Personal Information if you or your Patient Representative choose to submit it to us. We do, however, collect Non-Personal Information such as Usage Data whenever you use our Site and/or Services. Such Non-Personal Information is not combined with Personal Information unless you choose to submit Personal Information to us.
• (l) Where Permitted by Law. We may also collect information, including Personal Information as otherwise permitted by law.
• (m) Do Not Track (DNT). Do Not Track (DNT) is a privacy preference that users can set in their web browsers allowing users to opt out of tracking by websites and online services.  At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, we do not recognize DNT.
• (n) "Cookies". In connection with the foregoing collection of information, we may also use “cookies” or similar technologies (small amounts of data that are stored on your computer's hard drive, mobile device or media system platform when you use or access our Site and/or Services that identify your computer, mobile device or media system platform and may store information about you such as behavioural data). Should you choose to submit Personal Information to us, we may link cookie information to such Personal Information. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. However, please be aware that some of our Site, Content and/or Services will not function properly if you do so and you may lose access to the Services you purchased.
• (o) Third Party Advertising Partners. In addition to our use of cookies, certain advertising partners may also use cookies in connection with advertising on behalf of us. Such cookies may collect Non-Personal Information which those partners may use to serve you targeted ads both within and outside of our Site and/or Services.

PUBLIC INFORMATION INCLUDING USER GENERATED CONTENT

You may choose to disclose information about yourself in the course of contributing User Generated Content to us or through your use of our Site and/or Services, including but not limited to our online forums, user "profiles" for public view or in similar forums on our Site. Information that you disclose in any of these forums is public information, may be accessed or recorded by us, and there is no expectation of privacy or confidentiality therein.

You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to make public in any of these forums.

Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. We have no control over the information sent from your browser to those networks or other third parties and recommend that you ensure that your browser settings prevent the disclosure of information you would not like to share.

If you post a video, image or photo on our Site for public view, you should be aware that these may be viewed, collected, copied and/or used by other users without your knowledge or consent. We are not responsible for the videos, images or photos that you choose to submit to our Site.

USE OF YOUR INFORMATION

We may use your information (including Personal Information) for administrative, analytical, research, optimisation, security and other purposes, including but not limited to:

• (a) developing, enhancing, marketing, selling or otherwise provide information, products, services and functionality that you have requested, including the Services.
• (b) improving our Site and/or Services, and to inform the creation of future Services.
• (c) sending you information related to our Site /or Services, including confirmations, technical notices, updates, security alerts, information related to product safety or recall issues and support and administrative messages;
• (d) processing transactions for the Services;
• (e) managing your account with us;
• (f) attempting to contact you regarding product safety or recall issues;
• (g) tracking your access to and use of our Site and/or Services to help us learn more about your Site and/or Services access and usage, Content consumption and understand your preferences and tendencies so that we can personalize your experience, provide you with offers and notifications that are tailored to you, and otherwise enhance your experience when viewing Content and using our Site and/or Services;
• (h) personalizing your Content and offers;
• (i) responding to customer service inquiries;
• (j) troubleshooting problems with the Site and/or Services;
• (k) enforcing our Terms of Use;
• (l) protecting against unlawful activities or other misuse of the Site, Content and/or and Services, or for other security reasons;
• (m) conducting marketing, including promotional activities such as running marketing or advertising campaigns with third party marketing and advertising partners to promote the Site and/or the Services;
• (n) providing you advertising that better suits your interests and profile and is age/gender-appropriate and targeted to your interests or general location or both;
• (o) compiling statistics;
• (p) sending you push notifications, where such function has been allowed; and/or
• (q) For any other purpose to which you consent or that is otherwise permitted or required by law.

By providing Personal Information through the access to, or use of, our Site, Content and any of our Services, you acknowledge and agree that we may use the Personal Information for the purposes set out in this Policy. By accessing, using, or installing any of our Site, Content and/or Services, or submitting information to us, you also agree that we may use the Non-Personal Information for the purposes set out in this Policy.

UPDATES AND PUSH NOTIFICATIONS

We may occasionally send you updates, patches and related push notifications that may be of importance to you. If you do not wish to receive updates, patches and notifications you should discontinue use of our Site, Content and/or Services or disconnect your computer or device from the Internet. If you do not wish to receive push notifications, you can disallow this function through the settings on your mobile device.

DISCLOSURE OF INFORMATION

We will not transfer your Personal Information to third parties, except for our subsidiaries, affiliates and business partners that we engage to provide services on our behalf, including but not limited to web hosting services, credit and other payment processing, provincial and/or private health plan coverage, pharmacy software providers, order processing and delivery provided that such third parties have agreed to comply with legally required privacy standards and agree to use the information only for the purposes specified at the time of collection or a use consistent with that purpose. We will only provide those third parties with the Personal Information that they need to deliver the services to us or on our behalf. 

We also provide Personal Information to Alberta Netcare EHR, as required by applicable law in your applicable jurisdiction. We may also contact your physician or the prescribing professional if additional information regarding your prescription is required and may disclose or obtain Personal Information through such contact. By using the Site, Content and/or Services, you expressly consent to our provision of information to these parties.

We may have the need to disclose your Personal Information to a third party licensed pharmacy and a prescribing physician in order to fill your prescription(s). We may also disclose your Personal Information to your provincial and/or private health plan as a matter of convenience for payment of your prescription purchases. By using the Site, Content and/or Services, you expressly consent to our provision of information to these parties.

We may also disclose your Personal Information to a third party vendor whose products or services you have requested in order to deliver those products and services to you. Such third parties may keep and use your Personal Information, whether or not you purchase their products or services. In such instances, your Personal Information will be subject to their privacy policies. You should contact these third party vendors directly for information regarding their privacy policies or to voice your concerns with respect to their policies.

Notwithstanding the foregoing, we reserve the right to disclose information, including Personal Information, if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law. In addition, we reserve the right to disclose Personal Information and Non-Personal Information in order to: (a) enforce our Terms of Use; (b) investigate and/or take action against unlawful activity, suspected abuse, or unauthorized use of the Site and Services; (c) protect and defend our rights or property; or (d) act in urgent circumstances, including medical emergencies, to protect the safety or security of the public or users of the Site and/or Services. Subject to applicable privacy laws, we may also disclose your information, including Personal Information, in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the information disclosed continues to be used for the purposes permitted by this Policy by the entity acquiring the information. If we disclose your information under such circumstances, we will notify you in writing that such a transaction has taken place and that your Personal Information has been disclosed.

We may also share aggregate or anonymized information about you, including Personal Information, with service providers, business partners, and other third parties to the extent permitted by applicable law.

We may sell, rent or share your Usage Data and other Non-Personal Information including device IDs, advertising IDs or other persistent identifiers, and non-precise geolocation information or precise geolocation information (where you have allowed us to collect such information) with third parties who assist us with our operations such as administration, analytics, research, and optimisation. Further, we may sell, rent or share your Usage Data and other Non-Personal Information with our business partners in order to, among other things, allow them to serve more relevant advertisements tailored to you.

PROTECTION OF YOUR INFORMATION

As required by applicable privacy laws, we have implemented reasonable physical and technical measures to protect the information we collect or are provided with from unauthorized access and against loss, misuse or alteration by third parties. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" or any other unauthorized parties from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against loss, misuse, unauthorized access, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure.

To the maximum extent permitted by law, we expressly disclaim any guarantee of security in connection with your Personal Information.

For further information on how we safeguard information we collect or are provided with, contact us via email at manager@hamptonspharmacy.ca.

RETENTION OF YOUR INFORMATION

The data and information that we collect is stored and maintained by us or our third party service providers until you delete it or instruct us to delete it.

Currently, we and/or our third party service providers retain and store information collected by, or provided to us in the cloud and on secure servers in Canada. As some of our third party service providers may retain and store information received from users (including Personal Information) outside of Canada, and under the laws of those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other provinces or foreign jurisdictions may be entitled to access users’ information. 

ACCOUNT SECURITY

If you access our Site and/or use any of our Services, you are responsible for protecting the confidentiality of your account password and elected codes, and for restricting access to your computer, device or media system platform. You agree to and hereby accept responsibility for all activities that occur under your account. If you detect a suspected breach or misuse of your account, please notify us immediately.

ACCESS AND ACCURACY

We will use commercially reasonable efforts to provide you with access to your Personal Information, to the extent we are in possession of any, if you submit your request for access by email to manager@hamptonspharmacy.ca. Subject to applicable laws, we reserve the right to deny access to your Personal Information on any of the following grounds:

• (a) when denial of access is required by law;
• (b) when granting you access is reasonably likely to negatively impact other people's privacy;
• (c) when granting access is, in our sole judgement and acting reasonably, cost prohibitive; or
• (d) When we have reason to believe that such requests are frivolous or made in bad faith.

You are responsible for ensuring that all information created through your access to and use of the Site and/or Services is accurate, reliable and complete. Further, you acknowledge and accept that the use of such information is at your own risk. We ask that you keep the Personal Information that you provide to us current and correct. You represent and warrant that all Personal Information you provide to us is true and correct and pertains solely to you and not to any other person. If acting as a Patient Representative, you represent and warrant that the information provided by you about the Patient is current and correct. If you believe that the Personal Information maintained by us about you or the Patient on whose behalf you act as Patient Representative is inaccurate or incomplete, you may notify us by describing in detail any inaccuracies or omissions via email at manager@hamptonspharmacy.ca. Following receipt of a properly submitted notice, we will, within a reasonable time period and acting in our sole discretion, use commercially reasonable efforts to either: (a) amend or correct the Personal Information to reflect the corrected or additional information provided by you; or (b) in connection with the Personal Information, make note of any claimed inaccuracies or omissions reported in the notice submitted by you.

INFORMATION OBTAINED FROM MINORS

We recognize the privacy interests of all Minors, and our Site, Content and/or Services are not intended for use by Minors. We do not target our Site, Content and/or Services to Minors under the age of majority. We do not knowingly collect or use any Personal Information from Minors under the age of majority unless such Personal Information is provided by a parent or guardian using the Site and/or Services on behalf of such Minor. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, please contact us at manager@hamptonspharmacy.ca. Where such disclosure of information is brought to our attention, we will delete this information from our files within a reasonable time, where permitted by applicable law.

GOVERNING LAW

Persons who choose to use or access the Site and/or Services from outside Canada do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials.

The laws of the Province of Alberta and the applicable federal laws of Canada shall govern this Policy and any dispute or claim you have against us with respect to your rights under this Policy or its interpretation. You submit and attorn to the exclusive jurisdiction of the courts located within the Province of Alberta for the purpose of litigating all such claims or disputes.

INTERNATIONAL TRANSFER

To the extent permitted by applicable law, we may transfer information that we collect about you to third parties across international borders and from your jurisdiction to other jurisdictions around the world for storage on the servers that store and manage certain of the information and data that we collect. To the extent required by applicable laws, we will maintain and store your Personal Information in Canada and not transmit such information across international or jurisdictional borders. Please note that these countries and jurisdictions may not have the same Personal Information protection laws as your own jurisdiction, and you consent to the transfer of information over international borders and the use and disclosure of information about you, including Personal Information, as described in this Policy.

QUESTIONS OR COMMENTS

We welcome questions or comments about this Policy. Please direct any questions or comments to us by email to manager@hamptonspharmacy.ca