Date of Last Revision: 09/27/2022
- THE INFORMATION WE COLLECT AND THE SOURCES OF SUCH INFORMATION
We obtain information about you through the means discussed below when you use our Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use part or all of our Services.
- INFORMATION YOU PROVIDE TO US
We collect a variety of information that you provide directly to us. For example, we collect information from you through:
- Account and product registration and administration of your account
- Processing your orders and requests for products necessary to treat the Diabetes disease state, including therapies for its associated comorbidities (“Products”)
- Questions, communications, or feedback you submit to us via forms or email
- Your participation in research and surveys
- Requests for customer support and technical assistance
The specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:
- Name, address, telephone number, date of birth, and email address
- Information about your medical conditions, prescriptions, and other related health information
- Log-in credentials, if you create an account
- Billing information, such as shipping address, credit or debit card number, verification number, expiration date, and identity verification information, collected by our payment processors on our behalf
- Insurance information for billing and claims reimbursement purposes
- Information about purchases or other transactions with us
- Information about your customer service and maintenance interactions with us
- Demographic information such as your gender and age
- User-generated content you post in public online forums on our Services
- Any other information you choose to directly provide to us in connection with your use of the Services and Products.
- INFORMATION WE COLLECT THROUGH AUTOMATED MEANS
We collect certain information about your use of the Services and the devices you use to access the Services, as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Our Services. When you use our Services, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services, error logs, and other similar information.
Location Information. When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location (e.g., to provide you with accurate sales tax information and to deliver content customized to your location). We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers and other information that may be of interest to you. If you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device. Please see your device manufacturer settings.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- PURPOSES FOR HOW WE USE YOUR INFORMATION
In connection with providing you with the Services, we may use your information for our business purposes to:
- Carry out, improve, and manage the Services and, as applicable, facilitate the provision of health care services to you by physicians or other health care providers and ensure that the physicians or health care providers have the services and support necessary for health care operations.
- Engage in internal research to understand the effectiveness of our Services, improve our Services, and better understand our user base. If we publish or provide the results of this research to others, such research will be presented in a de-identified and aggregate form such that individual users cannot be identified.
- Communicate with you about the Services, your use of the Services, or your inquiries related to the Services and send you communications on behalf of physicians or other health care providers utilizing the Services to meet your needs.
- Communicate with you by email, postal mail, or phone about surveys, promotions, special events or our Products and Services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.
- Provide you with technical support and customer service.
- Verify your identity and administer your account, including processing your payments and fulfilling your orders.
- Ensure that content from our Services is presented in the most effective manner for you and for your computer or device, allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Services safe and secure.
- Measure or understand the effectiveness of advertising and content we serve to you and others, and to deliver and customize relevant advertising and content to you.
- Help us better understand your interests and needs, such as by engaging in analysis and research regarding use of the Services.
- Comply in good faith with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others.
- Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others.
Aggregate/De-Identified Data. We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
- NOTICE OF PRIVACY PRACTICES
THIS SECTION DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
ADS’s Protection of Protected Health Information (“PHI”). Under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), ADS is required by law to maintain the privacy of health information that identifies you and to provide you with notice of our legal duties and privacy practices regarding PHI. ADS is committed to the protection of your PHI and will make reasonable efforts to ensure the confidentiality of your PHI, as required by statute and regulation. We take this commitment seriously and will work with you to comply with your right to receive certain information under HIPAA.
ADS’s Use and Disclosure of PHI. As permitted under HIPAA, the following categories explain the types of uses and disclosures of PHI that ADS may make. Please contact our Privacy Officer (email@example.com), using the contact information provided at the end of this notice, for specific information regarding your state.
For treatment – ADS may use or disclose PHI for treatment purposes, including disclosure to health care professionals who provide you with health care services.
For payment – ADS may use or disclose PHI to bill and collect payment for Products. For example, ADS may provide PHI to your health plan to receive payment for the health care services provided to you.
For health care operations – ADS may use or disclose PHI for health care operations purposes. These uses and disclosures are necessary, for example, to evaluate the quality of our Products, accreditation functions and for ADS’s operation and management purposes. ADS may also disclose PHI to other health care providers or health plans that are involved in your care for their health care operations. For example, ADS may provide PHI to manage disease, or to coordinate health care or health benefits.
Health-related benefits and services – ADS may use and disclose PHI to tell you about health-related benefits and services that may be of interest to you. For example, ADS may contact you about a new patient service center in your area or about new Products available at ADS based on services ordered by your physician.
Individuals involved in your care or payment for your care – ADS may disclose PHI to a person who is involved in your care or helps pay for your care, such as a family member or friend. We also may notify your family about your location or general condition or disclose such information to an entity assisting in a disaster relief effort. As allowed by federal and state law, we may disclose the PHI of minors to their parents or legal guardians.
Business associates – ADS may disclose PHI to its business associates to perform certain business functions or provide certain business services to ADS. For example, we may use another company to perform billing services on our behalf. All of our business associates are required to maintain the privacy and confidentiality of your PHI. In addition, at the request of your health care providers or health plan, ADS may disclose PHI to their business associates for purposes of performing certain business functions or health care services on their behalf. For example, we may disclose PHI to a business associate of Medicare for purposes of medical necessity review and audit.
Disclosure for judicial and administrative proceedings – Under certain circumstances, ADS may disclose your PHI in the course of a judicial or administrative proceeding, including in response to a court or administrative order, subpoena, discovery request, or other lawful process.
Law enforcement – ADS may disclose PHI for law enforcement purposes or in response to a court order, warrant, subpoena or summons, or similar process authorized by law. We may also disclose PHI when the information is needed: 1) for identification or location of a suspect, fugitive, material witness or missing person, 2) about a victim of a crime, 3) about an individual who has died, 4) in relation to criminal conduct on ADS premises, or 5) in emergency circumstances to report a crime, the location of the crime or victims, or the identity, description, or location of the person who committed the crime.
As required by law – ADS must disclose your PHI if required to do so by federal, state, or local law.
Public Health – ADS may disclose PHI for public health activities. These activities generally include: 1) disclosures to a public health authority to report, prevent or control disease, injury, or disability; 2) disclosures to report births and deaths, or to report child abuse or neglect; 3) disclosures to a person subject to the jurisdiction of the Food and Drug Administration (“FDA”) for purposes related to the quality, safety or effectiveness of an FDA-regulated product or activity, including reporting reactions to medications or problems with products or notifying people of recalls of products they may be using; 4) disclosures to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and 5) disclosures to an employer about an employee to conduct medical surveillance in certain limited circumstances concerning work-place illness or injury.
Disclosure about victims of abuse, neglect, or domestic violence – ADS may disclose PHI about an individual to a government authority, including social services, if we reasonably believe that an individual is a victim of abuse, neglect, or domestic violence.
Health oversight activities – ADS may disclose PHI to a health care oversight agency for activities authorized by law such as audits, civil, administrative, or criminal investigations and proceedings/actions, inspections, licensure/disciplinary actions, or other activities necessary for appropriate oversight of the health care system, government benefit programs, and compliance with regulatory requirements and civil rights laws.
Coroners, medical examiners, and funeral directors – ADS may disclose PHI to a coroner, medical examiner, or funeral director for the purpose of identifying a deceased person, determining cause of death, or for performing some other duty authorized by law.
Personal Representative – ADS may disclose PHI to your personal representative, as established under applicable law, or to an administrator, executor, or other authorized individual associated with your estate.
Serious threat to health or safety – ADS may disclose PHI if necessary, to prevent or lessen a serious and/or imminent threat to health or safety to a person or the public or for law enforcement authorities to identify or apprehend an individual.
Government functions – In certain situations, ADS may disclose the PHI of military personnel and veterans, including Armed Forces personnel, as required by military command authorities. Additionally, we may disclose PHI to authorized officials for national security purposes, such as protecting the President of the United States, conducting intelligence, counter-intelligence, other national security activities, and when requested by foreign military authorities. Disclosures will be made only in compliance with U.S. Law.
Workers’ compensation – As authorized by applicable laws, ADS may use or disclose PHI to comply with workers’ compensation or other similar programs established to provide work-related injury or illness benefits.
De-identified Information and Limited Data Sets – ADS may use and disclose health information that has been “de-identified” by removing certain identifiers making it unlikely that you could be identified. ADS also may disclose limited health information, contained in a “limited data set”. The limited data set does not contain any information that can directly identify you. For example, a limited data set may include your city, county and zip code, but not your name or street address.
Other Uses and Disclosures of PHI. For purposes not described above, including uses and disclosures of PHI for marketing purposes and disclosures that would constitute a sale of PHI, ADS will ask for patient authorization before using or disclosing PHI. If you signed an authorization form, you may revoke it, in writing, at any time, except to the extent that action has been taken in reliance on the authorization.
Information Breach Notification. ADS is required to provide patient notification if it discovers a breach of unsecured PHI unless there is a demonstration, based on a risk assessment, that there is a low probability that the PHI has been compromised. You will be notified without unreasonable delay and no later than 60 days after discovery of the breach. Such notification will include information about what happened and what can be done to mitigate any harm.
Patient Rights Regarding PHI. Subject to certain exceptions, HIPAA establishes the following patient rights with respect to PHI:
Right to Receive a Copy of the ADS Notice of Privacy Practices – You have a right to receive a copy of the ADS Notice of Privacy Practices at any time by contacting us at firstname.lastname@example.org, calling us at 1-866-422-4866 and asking for the HIPAA Privacy Officer, or by sending a written request to: HIPAA Privacy Officer, North Coast Medical Supply, LLC, dba Advanced Diabetes Supply, 2544 Campbell Place, Suite 150, Carlsbad, CA 92009. This Notice will also be posted on the ADS internet sites at www.northcoastmed.com and www.usmed.com.
Right to Request Limits on Uses and Disclosures of your PHI – You have the right to request that we limit: 1) how we use and disclose your PHI for treatment, payment, and health care operations activities; or 2) our disclosure of PHI to individuals involved in your care or payment for your care. ADS will consider your request, but is not required to agree to it unless the requested restriction involves a disclosure that is not required by law to a health plan for payment or health care operations purposes and not for treatment, and you have paid for the service in full out of pocket. If we agree to a restriction on other types of disclosures, we will state the agreed restrictions in writing and will abide by them, except in emergency situations when the disclosure is for purposes of treatment.
Right to Request Confidential Communications – You have the right to request that ADS communicate with you about your PHI at an alternative address or by an alternative means. ADS will accommodate reasonable requests.
Right to See and Receive Copies of Your PHI – You and your personal representative have the right to access any PHI about your use of our Products. Within 30 days after our receipt of your request, you will receive a copy of the requested PHI from ADS unless an exception applies. Exceptions include a determination by a licensed health care professional that the access requested is reasonably likely to endanger the life or safety of you or another person, and our inability to provide access to the PHI within 30 days, in which case we may extend the response time for an additional 30 days if we provide you with a written statement of the reasons for the delay and the date by which access will be provided. You have the right to access and receive your PHI in an electronic format if it is readily producible in such a format. You also have the right to direct ADS to transmit a copy to another person you designate, provided such request is in writing, signed by you, and clearly identifies the designated person and where to send the copy of your PHI. To request a copy of your PHI, contact the Privacy Officer at email@example.com, calling us at 1-866-422-4866 and asking for the HIPAA Privacy Officer.
Right to Receive an Accounting of Disclosures – You have a right to receive a list of certain instances in which ADS disclosed your PHI. This list will not include certain disclosures of PHI, such as (but not limited to) those made based on your written authorization or those made prior to the date on which ADS was required to comply. If you request an accounting of disclosures of PHI that were made for purposes other than treatment, payment, or health care operations, the list will include disclosures made in the past four years, unless you request a shorter period of disclosures. If you request an accounting of disclosures of PHI that were made for purposes of treatment, payment, or health care operations, the list will include only those disclosures made in the past three years for which an accounting is required by law, unless you request a shorter period of disclosures.
Right to Correct or Update your PHI – If you believe that your PHI contains a mistake, you may request, in writing, that ADS correct the information. If your request is denied, we will provide an explanation of the reasoning for our denial.
How to Exercise Your Rights. To exercise any of your rights described in this notice, you must send a written request to: HIPAA Privacy Officer, North Coast Medical Supply, LLC, dba Advanced Diabetes Supply, 2544 Campbell Place, Suite 150, Carlsbad, CA 92009. Patients may update insurance and/or billing information through our website or by contacting the Patient Billing Department using the phone number indicated on the billing invoice.
How to Contact Us or File a Complaint. If you have questions or comments regarding the ADS Notice of Privacy Practices, or have a complaint about our use or disclosure of your PHI or our privacy practices, please contact: firstname.lastname@example.org, call us at 1-866-422-4866 and ask for the HIPAA Privacy Officer, or send a written request to: HIPAA Privacy Officer, North Coast Medical Supply, LLC, dba Advanced Diabetes Supply, 2544 Campbell Place, Suite 150, Carlsbad, CA 92009. You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services. ADS will not take retaliatory action against you for filing a complaint about our privacy practices.
Changes to the ADS Notice of Privacy Practices. ADS reserves the right to make changes to this notice and to our privacy policies from time to time. Changes adopted will apply to any PHI we maintain about you. ADS is required to abide by the terms of our notice currently in effect. When changes are made, we will promptly update this notice and post the information on the ADS website(s) at www.northcoastmed.com And www.usmed.com. Please review this site periodically to ensure that you are aware of any such updates.
- ONLINE ANALYTICS
Online Analytics. We may use third-party web analytics services (such as those of Google Analytics (including Google Signals, Google User-ID, and other Google Analytics features) and MixPanel on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; try to locate the same unique users across multiple browsers or devices to better tailor services and features; and provide certain features to you. If you have a Google account with personalized advertising enabled, through Google Signals, Google will also be able to gather for us analytics and engagement information from across the various devices you use to access the Services. To prevent Google from using your information for analytics (including cross-device tracking for personalization purposes), you may install the Google Analytics Opt-out Browser Add-on by clicking here. And to opt out of Google Signals, please open your “Settings” app, locate and tap “Google,” select “Ads,” and turn ON “Opt out of Ads Personalization.” You may also be able to disable cross-device tracking through your Android or Apple device-based settings.
Notice Concerning Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
- HOW WE SHARE AND DISCLOSE YOUR INFORMATION
We may share your information for our business purposes in the following ways:
Affiliates and Subsidiaries. We may share information we collect within any ADS member or group (i.e., our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries) to deliver Products and services to you, ensure a consistent level of service across our Products and services, and enhance our Products, services, and your customer experience.
Service Providers. We provide access to or share your information with select third parties who use the information to perform services on our behalf. They provide a variety of services to us, including billing, sales, marketing, advertising, analytics, research, customer service, shipping and fulfillment, data storage, IT and security, fraud prevention, payment processing, and auditing and legal services. These entities may also include health care organizations, and other third parties we use to support our business or in connection with the administration and support of our Services.
Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, we will comply with such restrictions.
Consent. We may also disclose your information in other ways you direct us to and when we have your consent.
Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information we collect through our Services and our sharing of such Aggregate/De-Identified Data is in our discretion.
- THIRD PARTY SERVICES AND NOTICE ABOUT HEALTH INFORMATION
- HOW WE PROTECT YOUR INFORMATION
ADS takes a variety of technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet and that any such transmission is at your own risk. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. You should not expect, that your information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, to the greatest extent afforded by law, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate your information. Where we have given you (or where you have chosen) a password that enables you to access our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. The information you share in public areas may be viewed by any user of our Services.
- Children’s Information
- Operations of Our Services in the United States
Our Services are operated in the United States. Your information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of your information may be less stringent than the laws in your country. By using our Services or providing us with your information, you consent to this transfer and processing.
- YOUR NEVADA RIGHTS POLICY
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 email@example.com. 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.
- Your California Rights Policy
Individuals who are residents of California and have provided information to us may request certain information regarding our disclosure of Your Information to third parties for direct marketing purposes. Such requests must be submitted to us in writing at firstname.lastname@example.org. California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.
- RETENTION OF YOUR INFORMATION
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
- CONTACTING US
North Coast Medical Supply, LLC, dba Advanced Diabetes Supply
2544 Campbell Place
Carlsbad, CA 92009