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Lux MD values your privacy and security. Lux MD is a technology platform which allows registered users including healthcare providers selective access to information that may assist in the work flows, diagnosis’, treatments, prescriptions and record keeping for its clients.

Interactions with providers patients, pharmacies, and other otherized 3rd parties. Lux MD Privacy and Security policy applies to LuxMD.com our Services accessible through this web site (or affiliated site to the extent it services LuxMD.com). All medical care is provided via 3rd party medical providers which supply healthcare services via telemedicine.

PLEASE REVIEW THIS PRIVACY AND SECURITY POLICY CAREFULLY.

Privacy and Security Policy is incorporated into the Terms and Conditions, By visiting our website or using our Services, you agree that your personal information will be handled as described in this Policy.

INFORMATION WE COLLECT ABOUT YOU

We may collect information about you directly from you and from third parties, as well as automatically through your use of the Website(s) or our Services.

Information We Collect Directly from You

You may browse the informational areas of the Website(s) without creating an account. However, registration is required to use the Services. To register, you are asked to provide certain identifying information, such as your name, date of birth, address, email, phone, as well as a user ID and password, and state or government issued photo ID. You may also provide other information, such as credit card and billing information, pictures and communications preferences.

To register, you will communicate health-related information to LUX MD and to the healthcare provider with whom you are connected through the LUX MD platform, such as medical records, health background, health status, and prescribed and over-the-counter medications. This may include individually identifiable health information that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present or future payment for the provision of health care, that is protected by federal law (HIPAA, the HITECH Act, and related regulations) and state privacy laws. This health information is known as “protected health information,” or “PHI”. The provider-owned businesses listed above have adopted a Notice of Privacy Practices that describes how they use and disclose health information. By accessing or using any part of our Services, you are acknowledging receipt of the Notice of Privacy Practices from your provider. LUX MD does not collect your PHI without your authorization, although registration and the use of certain features of the Website(s) or Services will require you to provide certain information to us.

Information you provide via LUX MD in order to register and set up an account, including name, username, email address, address and phone number, are not considered protected information.

Information may be transmitted via various methods, including:

  • • dynamic intake forms where you enter information electronically via our platform;
  • • store-and-forward (also known as “asynchronous) technology, which involves the electronic transmission of your medical information and records, such as medical history, doctor’s notes, diagnostic tests, documents, photos and videos;
  • • secure messaging, including email and text messages;
  • • real time chat and telephone; and
  • • live 2-way video and audio.
  • Information We Receive from Others

    LUX MD may also receive information about you from third parties, which may include physicians, medical practices and pharmacies that LUX MD works with as part of providing our Services.

    Information We Collect Automatically

    Like many other Website(s), we may automatically collect information about your use of our Website(s) and Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the referring URL, or the webpage that led you to the Website(s); pages visited and average time spent on the Website(s). This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve web design and functionality.

    We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information. Please see the section “Use of Cookies and Other Technologies” below for more information about our use of cookies and other tracking mechanisms.

    HOW WE MAY USE YOUR INFORMATION

    We use the information that we collect or receive about you in order to:

  • • provide our Services;
  • • facilitate the provision of healthcare services to you;
  • • communicate with you about the Website(s) and your use of our Services, to respond to your inquiries, to provide technical support and assistance, to deliver any administrative notices or alerts and communications relevant to your use of the Website or Services, and for other customer service purposes;
  • • verify your identity in registering and holding an account;
  • • administer your account, including processing payments and coordinating the fulfillment of any orders and prescriptions you receive from your healthcare providers;
  • • provide, operate, analyze usage of and improve the Website(s) and Services;
  • • tailor the features, performance and support of the Website(s) and Services to you and your preferences;
  • • display advertising on our Website(s);
  • • market our services and those of third parties we believe may be of interest to you when you have given us express authorization to do so;
  • • investigate, prevent, defend against potential violations of LUX MD’s Terms and Conditions and any illegal activities;
  • • fulfill any obligation of LUX MD as required by law;
  • • for any other purpose for which you provide your consent.
  • HOW WE MAY SHARE YOUR INFORMATION WITH OTHERS

    Non-Personally Identifiable Information

    LUX MD may share aggregate or de-identified information (in other words, information that does not personally identify you) without restriction, subject to applicable law. Without limitation, this may include sharing information with third parties for marketing, advertising, research or other purposes.

    Personally Identifiable Information

    LUX MD may share information about you, including health information and other information that personally identifies you, as follows:

  • • with healthcare providers with whom you are connected via LUX MD for the provision of their healthcare services to you;
  • • with pharmacies, to fulfill prescriptions from your healthcare providers and coordinate medication orders;
  • • with service providers that we use to support the Website(s) or otherwise in connection with administering and providing our Services, and billing and collections, including without limitation any third party payment processor;
  • • with other third parties as we deem appropriate or necessary to comply with applicable laws or legal process, such as in response to a subpoena in compliance with applicable privacy laws, or to enforce our Terms and Conditions;
  • • to a buyer or successor in the event of a sale, merger or other transaction that involves the transfer of such information to the other company.
  • PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

    LUX MD employs reasonable technical, physical, administrative and organizational safeguards to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction.

    While LUX MD takes extensive measures to protect your personally identifiable information, it cannot ensure or guarantee the security of any information you transmit to LUX MD or through the Website(s) or our platform. LUX MD DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR HEALTH INFORMATION WILL NOT BE COMPROMISED.

    THIS PRIVACY AND SECURITY POLICY ONLY APPLIES TO LUX MD

    As a technology platform and not a healthcare provider, LUX MD may not be a “covered entity” under HIPAA. However, the physicians and other health care providers you connect with through our platform may be a “covered entity” and therefore subject to HIPAA, and LUX MD has agreed with those healthcare providers to ensure that our Services are HIPAA-compliant.

    LUX MD DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR HEALTH INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD PARTY WEBSITE FOR FURTHER INFORMATION. Although we work closely with healthcare providers with whom you are connected via the LUX MD platform, this Privacy and Security Policy cannot and does not address how those healthcare providers will use and disclose information obtained via the platform. If you would like this information, we recommend that you ask your healthcare provider directly regarding their privacy practices.

    WHAT YOU SHOULD DO TO PROTECT YOUR INFORMATION

    Your cooperation is imperative in safeguarding your personally identifiable information and PHI. Choose your Account password carefully, as anyone with access to your account password may be able to assume your online identity, view and modify your information, including PHI and treatment information, communicate with LUX MD and your health care provider via the platform, and take other action. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password, and keeping your log-in and password private. Additionally, you will periodically receive email correspondence from LUX MD that may include information relating to the details of your treatment or account. Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address indicates your consent for LUX MD to transmit your personally identifiable information and PHI to such address.

    OPTING OUT OF FUTURE COMMUNICATIONS

    You can stop receiving marketing emails from LUX MD by clicking the unsubscribe link included at the bottom of a LUX MD marketing email. You cannot opt out of certain emails we need to send you relating to normal business operations (for example, notifying you of a message from your healthcare provider). To opt out of all emails from LUX MD, you may email SUPPORT@LUX MD.COM and cancel your LUX MD membership.

    ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONALLY IDENTIFIABLE INFORMATION

    You may at any time request to access, correct or update any personal information or PHI by contacting us at SUPPORT@LUX MD.COM.

    LUX MD will make reasonable efforts to respond promptly to all such requests. In certain circumstances, LUX MD may deny your request, such as if we believe the request would violate any law or cause the information to be inaccurate. We will inform you of the reason for any such denial.

    You may at any time make a request for LUX MD to delete your personal information. LUX MD will promptly comply with all such requests, unless not such requests are in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your personal information, it will be deleted from the active database, but may remain in our archives. We may also retain and continue to use any information that does not personally identify you. Further, to the extent your personal information has been disclosed to third parties, LUX MD may not be able to access such personal information or cause the deletion or modification of such personal information by the relevant third parties.

    USE OF COOKIES AND OTHER TECHNOLOGIES ON THE WEBSITE(S)

    Certain features of the Website are only available through the use of cookies and other user tracking mechanisms (collectively, "Cookies"). Cookies may include small files saved on your local hard drive which store your preferences or other records, and enable LUX MD to (a) collect information about your use of the Website, (b) understand general Website usage and volume statistical information, and (c) improve the services, experience, content and offerings on the Website. You may elect to decline Cookies if your browser has this functionality. However, if you do so, you may not be able to use certain features on the Website which are dependent on the information collected by Cookies.

    We may use third party network advertisers to advertise our Website(s) and Services on other Website(s), and we may do so based on your visits to our Website(s) and to other third party Sites. These entities may use Cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

    As you browse our Website(s), advertising cookies may be placed on your computer so that we can understand what you are interested in. We may work with display advertising partners, such as AdRoll, that enable us to present you with retargeted advertising on other sites based on your previous interaction with LUX MD. The techniques our partners employ do not collect your personal information.

    We may also use automated devices and applications, such as Google Analytics, to evaluate usage of our Website(s) and Services and to help us personalize content on our Website(s) and Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

    MODIFICATIONS TO THIS PRIVACY AND SECURITY POLICY

    We reserve the right to modify this Privacy and Security Policy at any time. If we change the terms of this Privacy and Security Policy, we will post the new Privacy and Security Policy and you agree that such posting constitutes notice of the new Privacy and Security Policy to you. We recommend that you read this Privacy and Security Policy each time you use the Website(s). If you object to any changes to this Privacy and Security Policy your sole recourse will be to cease using the Website(s) and Services. Your continued access to and usage of the Website(s) or Services signifies your acknowledgement and acceptance of any changes to the Privacy and Security Policy and your agreement to be bound thereby. The terms of any new Privacy and Security Policy will apply to all personal information, including personal information that was created or received before such changes were made.

    REPORT VIOLATIONS

    You should report any suspected violations of this Privacy and Security Policy to SUPPORT@LUX MD.COM.

    QUESTIONS

    If you have questions or concerns about this Privacy and Security Policy, please contact us at SUPPORT@LUX MD.COM.

    PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

    The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with additional information on how we collect, use, and share “personal information” (as defined in the CCPA).

    Categories of personal information that we collect

    Under the CCPA, we are required to provide you with the categories of personal information we collect. The categories of personal information that we collect are as follows: identifiers (such as name, address, email address); commercial information (such as transaction data); financial data (such as credit card information); internet or other network or device activity (such as IP address); general geolocation information; legally protected classifications (we only collect your gender); medical information; physical characteristics or description; and other information that identifies or can be reasonably associated with you.

    How we use and share these categories of personal information.

    We use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Privacy and Security policy. Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not sell your personal information in exchange for money.

    Your California Privacy Rights

    CCPA Rights Disclosure. If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

  • • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
  • • Provide access to and/or a copy of certain information we hold about you.
  • • Delete certain information we have about you.
  • The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.

    Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request.

    If you are a California resident and you would like to exercise any of your data rights under California law, email us at SUPPORT@LUX MD.COM. Please include your full name, email address and residential address associated with your use of our Services, along with the rights you would like to exercise, so that we can process your request in an efficient manner. If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message. By requesting your medical record in this way, you are agreeing to receive your medical record in an unencrypted email message.

    Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.

    PRIVACY INFORMATION FOR NEVADA RESIDENTS

    Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by following the CCPA - Do Not Sell My Info link in the footer. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.