BLUECHEW values your privacy and the security of your information. BLUECHEW is a technology platform which enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of erectile dysfunction. This Privacy and Security policy applies to Websites we own, including Bluechew.com, and our Services accessible through the Websites, which enable registered users to communicate with third party health care providers which provide health care services via telemedicine. All medical care is provided by a The Custom Care Medical Group, LLC, Alex J. MD, LLC d/b/a The Custom Medical Group, or other professional medical practices with which we have relationships, although they are separate from BLUECHEW.

PLEASE REVIEW THIS PRIVACY AND SECURITY POLICY CAREFULLY. It describes how we collect, use, and disclose information that we obtain about visitors to our Websites and users of our Services. This Privacy and Security Policy is incorporated into our general Terms and Conditions, which can be accessed here. Any capitalized terms not defined in this Privacy and Security Policy have the meanings provided in the Terms and Conditions. By visiting the Websites 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 Websites or our Services.

Information We Get From You

You may browse the informational areas of the Websites 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 government or other picture ID. We may also collect other information, such as credit card and billing information, pictures and communications preferences.

To register, you will also communicate health-related information, to BLUECHEW and to the healthcare provided with whom you are connected through the BLUECHEW 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”. BLUECHEW does not collect your PHI without your authorization, although registration and the use of certain features of the Websites or Services will require you to provide certain information to us.

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

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

Information We Collect Automatically

Like many other websites, we may automatically collect information about your use of our Websites 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 Websites; pages visited and average time spent on the Websites. 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 Websites 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 Websites and Services.
  • Tailor the features, performance and support of the Websites and Services to you and your preferences.
  • To display advertising on our Websites.
  • 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 BLUECHEW’s Terms of Service and any illegal activities.
  • Fulfill any obligation of BLUECHEW 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

BLUECHEW 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

BLUECHEW may share information about you, including PHI and other information that personally identifies you, as follows:

  • With healthcare providers with whom you are connected via the BLUECHEW, 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 Websites 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

BLUECHEW employs reasonable technical, physical, administrative, and organizational safeguards to protect personally identifiable information and PHI from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Please be aware that no method of data transmission over the Internet or method of electronic storage can be guaranteed to be perfectly secure. As a result, while BLUECHEW takes extensive measures to protect your personally identifiable information and PHI, it cannot ensure or guarantee the security of any information you transmit to BLUECHEW or through the Websites or our platform. BLUECHEW DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR PHI WILL NOT BE COMPROMISED.

THIS PRIVACY AND SECURITY POLICY ONLY APPLIES TO BLUECHEW

As a technology platform and not a healthcare provider, BLUECHEW 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 BLUECHEW has agreed with those healthcare providers to ensure that our Services are HIPAA-compliant.

BLUECHEW DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR PHI. 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 BLUECHEW 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 BLUECHEW 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 BLUECHEW 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 BLUECHEW to transmit your personally identifiable information and PHI to such address.

OPTING OUT OF FUTURE COMMUNICATIONS

You can stop receiving marketing emails from BLUECHEW by clicking the unsubscribe link included at the bottom of a BLUECHEW 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 BLUECHEW, you may email SUPPORT@BLUECHEW.COM and cancel your BLUECHEW membership.

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

You may access and update certain information, or deactivate your account from your profile page after logging into your account. Additionally, you may at any time request to access, correct or update any personal information or PHI by contacting us at SUPPORT@BLUECHEW.COM.

BLUECHEW will make reasonable efforts to respond promptly to all such requests. In certain circumstances, BLUECHEW 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 BLUECHEW to delete your personal information. BLUECHEW 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, BLUECHEW 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 WEBSITES

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 BLUECHEW 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 Websites and Services on other websites, and we may do so based on your visits to our Websites 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 Websites, 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 BLUECHEW. The techniques our partners employ do not collect you personal information.

We may also use automated devices and applications, such as Google Analytics, to evaluate usage of our Websites and Services and to help us personalize content on our Websites 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 Websites. If you object to any changes to this Privacy and Security Policy your sole recourse will be to cease using the Websites and Services. Your continued access to and usage of the Websites 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@BLUECHEW.COM.

QUESTIONS

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