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Aptiva Medical Notice of Privacy Practices

FOR THE USE AND DISCLOSURE OF MEDICAL INFORMATION
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND/OR DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Aptiva Medical (“we” or “Aptiva Medical”) provide health related products, services and information to patients (“you”) through mail or package delivery, telephone, and online communications. In order to provide these products, services and information, Aptiva Medical uses and discloses medical information about patients as described in this Privacy Notice.

Aptiva Medical is required by law to maintain the privacy of legally protected individually identifiable health-related information (referred to below as “your medical information”) about you and to provide you with this notice of our legal duties and privacy practices with respect to this information.

Please note that Aptiva Medical may share your information with third parties when the data that we share has been edited to remove your identifying information. This de- identified information may be used for research or other purposes.

How Aptiva Medical Uses And Discloses Your Medical Information

Your medical information will be used or disclosed in connection with your health care treatment. For example, your medical information may be used to provide health-related products to you and to coordinate with your doctor to ensure that you receive the products that your doctor has prescribed to you.

Your medical information will be used and disclosed as needed to collect payments for the products and services that you receive, such as when AptivaRx bills Medicare, your private insurance carrier, or you for the items you receive.

Your medical information will be used and disclosed as needed to manage and improve the quality of Aptiva Medical’s internal health care operations, including uses such as quality assessments, audits, and other similar functions. Limited medical information about you may also be disclosed to your insurers or doctors for managing their internal health care operations.

Your medical information may be disclosed to third parties that provide certain services to us, such as data processing, billing, legal, or accounting services, under contracts that protect your medical information from unauthorized use or disclosure.

Your medical information may be disclosed to family members, other relatives, close personal friends, or other persons whom you may authorize, as we determine in our professional judgment to be relevant to their involvement in your health care.

We may contact you to provide prescription refill reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.

Your medical information may be used or disclosed to the Food and Drug Administration (“FDA”) or to entities regulated by the FDA relative to adverse events involving products or to enable product recalls, repairs, or replacements of products; to public health or legal authorities responsible for safeguarding public health or preventing injury or disease; or to health oversight agencies for activities such as audits, investigations, inspections, or other proceedings to monitor our operations, the health care system, government health programs, or compliance with civil rights laws.

Your medical information may be disclosed to provide information needed for law enforcement purposes or for a legal proceeding. Your medical information may be disclosed for judicial or administrative proceedings pursuant to a court or administrative order or in response to a subpoena, discovery request or other lawful process, provided that in the absence of a court or administrative order, reasonable efforts are made to notify you of the request or to secure a protective order preventing the information from being used for other purposes.

We are permitted to disclose your medical information to social services, protective services or other government authorities if we reasonably believe that you are a victim of abuse, neglect, or domestic violence, provided that the disclosure is either required by law, authorized by you, allowed by law and necessary to prevent harm to you or someone else, or a law enforcement or public official represents that the information is necessary and will not be used against you.

Send your replies using the enclosed postage paid envelope or address to:

Aptiva Medical
5249 NW 33rd Avenue
Fort Lauderdale, FL 33309

Aptiva Medical HIPAA

In addition, federal regulations allow us to use or disclose your medical information for other specific purposes, including: compliance with worker’s compensation laws; assisting coroners, medical examiners and funeral directors in performing their functions; aiding organ or tissue procurement organizations in performing their donation, banking, or transplantation functions; notifying family members, personal representatives, or caregivers of your location and general condition; providing information to military command authorities if you are in a military service, a correctional institution if you are an inmate, or legally authorized national security, intelligence, or protective service authorities; or for research under approved protocols to protect your privacy.

Your medical information may be disclosed to provide emergency information to law enforcement, emergency response, or disaster relief officials; to avert a serious threat to the health or safety of you, the public, or another person; or as otherwise required by law.

We will obtain your written authorization before we use or disclose your medical information for purposes other than those described above or as otherwise permitted or required by law. You may revoke an authorization in writing at any time, requiring us to stop using or disclosing your medical information except to the extent that we have already acted in reliance on your authorization.

We will obtain your written authorization before we use or disclose PHI for third-party marketing purposes or for the sale of PHI.

Your Rights Concerning Your Medical Information

You have the right to inspect and copy your medical information and to amend your medical information by sending a written request to the Privacy Officer at the address provided below. We may deny requests for access and amendment in certain instances. You have a right to ask that most denials of access be reconsidered, and you have a right to submit a statement disagreeing to a decision to reject a proposed amendment, to which we may respond.

You have the right to request and receive an accounting of disclosures of your medical information that we or our business associates may make to certain third parties without your authorization on or after April 14, 2003, for most purposes other than treatment, payment or health care operations. We may charge a fee if you request more than one accounting during any 12-month period. Your request must specify the time period to be covered in the accounting, up to 6 years.

You have the right to request reasonable arrangements to ensure that communications containing your medical information are provided to you in a confidential manner or to an alternative location.

You have the right to request restrictions on certain uses and disclosures of your medical information, although we are not required to agree to a requested restriction.

You have the right to request and receive a copy of this Privacy Notice.

You have the right to be notified in case of a breach of unsecured PHI.

If you believe that your privacy rights have been violated, you have a right to complain to Aptiva Medical, or to the U.S. Department of Health and Human Services. You may contact Aptiva Medical’s Privacy Officer at the address or phone number provided below. No adverse action or retaliation will be taken against you for filing a complaint.

We are required to abide by the terms of this Privacy Notice currently in effect. We reserve the right to change the terms of this notice and make the new notice effective for all of the medical information about you that we maintain. Any revised Privacy Notice will be posted on our web site, inserted in packages that we send to patients, and provided in response to written, telephone or e-mail requests.

For further information about our privacy policies and practices, or to exercise any of your rights as described above, please contact:

Privacy Officer

Aptiva Medical Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your PII in accordance with our website.

What personal information do we collect from the people that visit our website?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, social security number, doctor contact information, insurance information or other details to help you with your experience.

When do we collect information?

We collect information from you when you fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you enroll or sign up for refills, surf the website, or use certain other site features in the following ways:

  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To follow up with you after correspondence (live chat, email or phone inquiries)

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

We use cookies for tracking purposes

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies, some features will be affected.

However, you can still use most of the functionality of the site.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third-party links

We do not include or offer third-party products or services on our website.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page

Users are able to change their personal information:

  • By emailing us
  • By calling us
  • By chatting with us or sending us a text

How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email

  • Within 7 business days

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

Phone, Email and SMS Consent to Contact

Aptiva Medical complies with all consent to contact laws and regulations. By using this site, or phone numbers on this site and submitting information or contacting Aptiva Medical, you give consent to have a representative from Aptiva Medical to contact the phone number and email listed above regarding medical supplies and our related products and services. You understand that these calls may be generated using an automatic dialer regardless of your status on any state or federal do not call list. You also understand and provide consent for Aptiva Medical to contact you via email and SMS.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.

To be in accordance with CANSPAM we agree to the following:

  • NOT use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

  • Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Aptiva Medical.
customercare@aptivamedical.com

Aptiva Medical Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Aptiva Medical Website, www.aptivamedical.com & www.aptivamedicalcgm.com.

Aptiva Medical is located at:

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Aptiva Medical, Inc’s. website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Aptiva Medical, Inc.’s website you consent to the use of cookies in accordance with Aptiva Medical’s privacy policy.

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies, some features will be affected.

However, you can still use most of the functionality of the site.

License

Unless otherwise stated, Aptiva Medical and/or it’s licensors own the intellectual property rights for all material on Aptiva Medical. All intellectual property rights are reserved. You may view and/or print pages from https://www.aptivamedical.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Hyperlinking to our Content

  1. The following organizations may link to our Website without prior written approval:
    – Government agencies;
    – Search engines;
    – News organizations;
    – Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    – Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
  2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites;
    associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and
    educational institutions and trade associations.
    We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

– By use of our corporate name; or

– By use of the uniform resource locator (Web address) being linked to; or

– By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of AptivaRx’s or Aptiva Medical’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on our Website. You agree to indemnify and defend us against all claims arising out of or based upon our Website. No link(s) may appear on any page on our Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.
    The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Phone, Email and SMS Consent To Contact

Aptiva Medical complies with all consent to contact laws and regulations. By using this site, or phone numbers on this site and submitting information or contacting Aptiva Medical, you give consent to have a representative from Aptiva Medical to contact the phone number and email regarding medical supplies. You understand that these calls may be generated using an automatic dialer regardless of your status on any state or federal do not call list. You also understand and provide consent for Aptiva Medical to contact you via email and SMS.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.