Privacy Policy | Qwark

Privacy Policy

We value your privacy and take your data protection very seriously. If you have any questions about privacy or data protection, please reach out to us via call or text during normal business hours at 1-844-931-2345 or via email at Support@QwarkHealth.com.

LAST MODIFIED 04/01/2021

Introduction

Overview

Qwark, Inc. ("Qwark," or "we" or "us" or "our") recognizes that is our duty to protect the privacy of the personal information you provide to us with respect to your access and use of our website (www.qwarkhealth.com) and related services (the "Website").

Therefore, we have adopted this privacy policy (the "Privacy Policy"), which sets forth, among other things, the type of information that will be collected, the purpose and use of the collected information, and your rights with regard to the collected information. This Privacy Policy governs how we collect and use your personal information wherever you use our Website. By accessing the Website, you are consenting to the collection and the use of your information by us, but only to the extent described herein. Should you wish to revoke your consent, you may do so by contacting us, information on which is set out in the Privacy Policy below.

Qwark may make modifications, deletions and/or additions to this Privacy Policy ("Changes") at any time. Changes will be effective: (i) thirty (30) days after Qwark provides notice of the Changes, whether such notice is provided through the Website user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Privacy Policy incorporating the Changes, whichever comes first.

Information Privacy & Collection

Protection of Your Information

We are accountable for the information in our custody. Therefore, when we collect or use your information, we will utilize commercially reasonable safeguards to ensure all customer data is protected and encrypted from end to end. It should be noted that no security procedure is currently 100% effective. Should any breach of your Personal Information occur, we will inform you as soon as reasonably possible, as required by applicable law.

Type and Purpose of Collection

We collect information at various points in the Website to facilitate its use by our users. Specifically, two types of information are collected:

1. Non-Personal Information: Upon accessing the Website, certain non-personal information will be automatically collected without your knowledge or consent, such as your IP address, location data (which is anonymous and where you log in through the Website you will be asked if you consent to the Website accessing your location, which can be updated at any time in your device settings) and the referring website ("Non-Personal Information"). We use Non-Personal Information to examine our traffic and to view how our customers use the Website. This type of information will not allow you to be personally identified although we might be able to associate it with your account. For example, we use "cookies," which contain only certain statistical information. For more information on cookies, please find more information below.

2. Identifying Personal Information: To utilize some portions of the Website, you must first provide personal information that will allow you to be identified, such as your name and e-mail address ("Personal Information"). This type of information will not be collected without your consent. We expressly acknowledge that we will not use your Personal Information for any other purposes without your consent. The Personal Information we collect will vary depending on how you are using the Website, but may include, without limitation: (i) your name, mailing address, phone number and email address; (ii) credit card information and charge history; (iii) unique identifiers such as user name, account number and password; (iv) preferences information such as product or content interests, communication or marketing preferences; (v) device information and data; and (vi) Google, Twitter, and Facebook identity.

Additionally, Personal Information may be used and disclosed to the extent Qwark may deem reasonably necessary to enforce the terms of any agreement between you and Qwark or to protect the rights, property or safety of any person or entity.

Use of Unencrypted Email

As part of our services, we may utilize unencrypted email. Since the email is not encrypted and is transmitted over the internet, a third party may be able to access the information and read it. Additionally, once the email is received by you, the security of that email depends on your email provider and your adherence to good privacy practices. Accordingly, someone may be able to access your email account and read it. By agreeing to these terms of service, you acknowledge that you understand that there are risks related to providing information electronically, which is not encrypted and that the privacy of such communications cannot be guaranteed by Qwark. Understanding the risks, you hereby consent to the use of unencrypted email by Qwark to communicate with you.

Right to Examine Information

You have the right to examine any of your Personal Information that we collect. Should you wish to examine such information, please send us a written request to Support@QwarkHealth.com or call us at 1-844-931-2345 or mail-in written correspondence addressed to

Attn: HIPAA Questions
Qwark
1287 Hammerwood Ave.
Sunnyvale, CA 94089

We reserve the right to charge you a reasonable administrative fee to access your information, as permitted by applicable law. In certain cases, we may not be able to provide you with access to all of your Personal Information (for example: if the information also pertains to the Personal Information of another user).

Withdrawal of Consent

You may withdraw your consent to the collection of Personal Information at any time by sending an email to us at Support@QwarkHealth.com. Upon receiving notice that you have revoked your consent, we will stop using your Personal Information within a reasonable time, which will vary depending on what information we have collected and for what purpose. Please note that we will send you an email confirmation upon receipt of your request. Therefore, if you do not receive a confirmation email, please contact us again with your request. If you do choose to withdraw such consent, your access to the Website may be diminished, or your ability to choose some of the options on the Website may be limited.

Right to File a Complaint

If you feel your privacy information has been misused or violated, you have the right to file a formal complaint with the US Department of Health & Human Services, contact. You can also file a direct complaint with us here at Qwark by emailing Support@QwarkHealth.com or calling 1-844-931-2345

Returns and Replacement Orders

If you have any issues with your order, shipment, or medication, you must call the Qwark team at 1-844-931-2345 within 72-hours.

Refunds and Returns: Per pharmacy regulations, we cannot accept prescriptions for return or refund once they have shipped. Please inspect all orders upon receipt. If there are any discrepancies with your order, you must notify Qwark within 72 hours.

Changes to your order: If you order medication and your physician prescribes a different medication, i.e. a different strength or quantity, we will notify you via email.

Undelivered Shipments: In the rare event that the carrier loses your shipment, please contact the pharmacy to arrange for a replacement order.

If you or someone acting on your behalf provided the wrong shipping address and the package is not delivered to you as a result, you will be responsible for paying for a new prescription drug along with the full cost of shipping and handling. The pharmacy will review a recording or a written or electronic record in order to ensure the shipping address initially provided was the shipping address used by the mail carrier.

Refused delivery re-shipments are NOT eligible for any free shipping or fixed-rate shipping promotions.

Use and Disclosure of Personal Information

We will not sell, rent or disclose to outside parties the information we collect and save except that we may share the collected information with other parties as follows:

1. Affiliated Service Providers: We have agreements with various affiliated service providers to facilitate the functioning of the Website, with whom we may share the information we have collected. For example, we may share your credit card information with the credit card service provider to process your purchase. All administrative service providers that we use are required to have the same level of privacy protection as we have, and therefore we expect that your information will be handled with the same level of care that we employ. Additionally, for example, we may use analytic services.

2. Where required by law: We may share the collected information where required by law, specifically in response to a demand from government authorities where such demand meets the legal requirements.

3. Statistical Analysis: We may share Non-Personal Information and aggregated information with third parties, including but not limited to for advertising or marketing purposes. No Personal Information will be shared in this manner.

4. Transactions: In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where Personal Information may be disclosed or transferred as one of our business assets.

Location-Based Services Consent

You hereby expressly consent to our use of location-based services and expressly waive and release Qwark from any and all liability, claims, causes of action, or damages arising from your use of Qwark’s services, including but not limited to use of the Website, or in any way relating to the use of the precise location and other location-based services.

International Visitors

The Website is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with the storage and processing of data, fulfilling your requests, and operating the Website. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

Payment Processing

Payment details you provide will be encrypted using secure sockets layer (SSL) technology before they are submitted over the internet. Payments made on the Website are made through our payment gateway provider. You will be providing credit or debit card information directly to our payment gateway provider which operates a secure server to process payment details, encrypting your credit/debit card information, and authorizing payment. Information that you supply to our payment gateway provider is not within our control and is subject to their own privacy policy and terms and conditions.

Terms of Service

This Privacy Policy is incorporated into and forms part of the Terms of Service, which outlines the terms and conditions you agree to when accessing and using the Website, and which can be found here: Qwark Terms.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Website is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. If we learn that personally identifiable information has been collected on the Website from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Website, then you may alert us at Support@QwarkHealth.com and request that we delete that child’s personally identifiable information from our systems.

Cookies and Similar Technologies

When you interact with the Website, we try to make that experience simple and meaningful. When you use our Website, our web server sends a cookie to your computer or mobile device (as the case may be). Cookies are small pieces of information that are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information about your use of a website or application (as the case may be). A number of cookies we use last only for the duration of your web session or Website session and expire when you close your browser or exit the Website. Other cookies are used to remember you when you return to the Website and will last for longer.

Some of the cookies used by the Website are set by us, and some are set by third parties who are delivering services on our behalf.

Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices. Please note, however, that by blocking or deleting cookies used on the Website, you may not be able to take full advantage of the Website.  

Your Rights

You have the right to: 

• Get a copy of your paper or electronic medical record

• Correct your paper or electronic medical record

• Request confidential communication

• Ask us to limit the information we share

• Get a list of those with whom we’ve shared your information

• Get a copy of this privacy notice

• Choose someone to act for you

• File a complaint if you believe your privacy rights have been violated

Your Choices

You have some choices in the way that we use and share information as we: 

• Tell family and friends about your condition

• Provide disaster relief

• Include you in a hospital directory

• Provide mental health care

• Market our services and sell your information

• Raise funds

Our Uses and Disclosures

We may use and share your information as we:   

•  Treat you

• Run our organization

• Bill for your services

• Help with public health and safety issues

• Do research

• Comply with the law

• Respond to organ and tissue donation requests

• Work with a medical examiner or funeral director

• Address workers’ compensation, law enforcement, and other government requests

• Respond to lawsuits and legal actions

Your Rights

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

Get an electronic or paper copy of your medical record 

• You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this. 

• We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.

Ask us to correct your medical record

• You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.

• We may say “no” to your request, but we’ll tell you why in writing within 60 days.

Request confidential communications

• You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. 

• We will say “yes” to all reasonable requests.

Ask us to limit what we use or share

• You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.

• If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.

Get a list of those with whom we’ve shared information

• You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.

• We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.

Get a copy of this privacy notice

You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.

Choose someone to act for you

• If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.

• We will make sure the person has this authority and can act for you before we take any action.

File a complaint if you feel your rights are violated

• You can complain if you feel we have violated your rights by contacting us using the information on page 1.

• You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.

• We will not retaliate against you for filing a complaint.

Your Choices

For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.

In these cases, you have both the right and choice to tell us to:

• Share information with your family, close friends, or others involved in your care

• Share information in a disaster relief situation

• Include your information in a hospital directory

If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.

In these cases we never share your information unless you give us written permission:

• Marketing purposes

• Sale of your information

• Most sharing of psychotherapy notes

In the case of fundraising:

• We may contact you for fundraising efforts, but you can tell us not to contact you again.

Our Uses and Disclosures

How do we typically use or share your health information? 

We typically use or share your health information in the following ways.

Treat you

We can use your health information and share it with other professionals who are treating you.

Example: A doctor treating you for an injury asks another doctor about your overall health condition.

Run our organization

We can use and share your health information to run our practice, improve your care, and contact you when necessary.

Example: We use health information about you to manage your treatment and services. 

Bill for your services

We can use and share your health information to bill and get payment from health plans or other entities. 

Example: We give information about you to your health insurance plan so it will pay for your services. 

How else can we use or share your health information? 

We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

Help with public health and safety issues

We can share health information about you for certain situations such as: 

• Preventing disease

• Helping with product recalls

• Reporting adverse reactions to medications

• Reporting suspected abuse, neglect, or domestic violence

• Preventing or reducing a serious threat to anyone’s health or safety

Do research

We can use or share your information for health research.

Comply with the law

We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.

Respond to organ and tissue donation requests

We can share health information about you with organ procurement organizations.

Work with a medical examiner or funeral director

We can share health information with a coroner, medical examiner, or funeral director when an individual dies.

Address workers’ compensation, law enforcement, and other government requests

We can use or share health information about you:

• For workers’ compensation claims

• For law enforcement purposes or with a law enforcement official

• With health oversight agencies for activities authorized by law

• For special government functions such as military, national security, and presidential protective services

Respond to lawsuits and legal actions

We can share health information about you in response to a court or administrative order, or in response to a subpoena.

Our Responsibilities

• We are required by law to maintain the privacy and security of your protected health information. 

• We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

• We must follow the duties and privacy practices described in this notice and give you a copy of it. 

• We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind. 

For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at Support@QwarkHealth.com