Last modified date: 6/4/21, 7:14 AM
Veracuity, LLC (“Company” “Veracuity” “we” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy applies to information we collect:
- Within the Websites.
- In email, text, and other electronic messages between you and Company.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by: (i) us offline or through any other means, including on any other websites operated by Company or any third party (including our affiliates and subsidiaries); or (ii) any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Websites.
NOTE TO INDIVIDUALS REGARDING HEALTH DATA
NOTE FOR HEALTHCARE PROVIDERS REGARDING HEALTH DATA AND RARE DISEASE INFORMATION
IF YOU ARE A HEALTHCARE PROVIDER USING VERACUITY TO MAKE A REPORT ABOUT AN ADVERSE DRUG EVENT THAT A PATIENT EXPERIENCED, VERACUITY ENABLES YOU TO REPORT DE-IDENTIFIED DATA ABOUT ADVERSE DRUG EVENTS WITH VERACUITY. YOU SHOULD ONLY SUBMIT DE-IDENTIFIED DATA CONCERNING SUCH PATIENT AND ADVERSE DRUG EVENT. BY PROVIDING US WITH THIS INFORMATION, YOU AGREE THAT WE MAY SHARE THAT INFORMATION WITH OUR BUSINESS PARTNERS, INCLUDING DRUG AND OTHER MANUFACTURERS. THOSE MANUFACTURERS MAY SHARE THAT INFORMATION WITH THE FDA, INCLUDING WHERE SUCH DISCLOSURES ARE MANDATED BY LAW, AND WITH OTHER INDIVIDUALS AND ENTITIES. VERACUITY DOES NOT DIRECTLY REPORT YOUR INFORMATION TO THE FDA AND SUBMITTING INFORMATION VIA THE WEBSITES DOES NOT GUARANTEE THAT YOUR INFORMATION WILL BE SUBMITTED TO THE FDA BY ANY OF THE THIRD PARTIES WITH WHOM WE SHARE THAT INFORMATION.
GENERAL CONFIDENTIALITY AND HIPAA
While your use of the Websites may not be governed by the Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”), please note that the information, including health information, that you input into the Websites may be viewable by others, including Veracuity’s customers and the FDA, to the extent those customers elect to make a report to the FDA about an adverse event. Any information that you wish to remain strictly confidential should not be entered into the Websites.
In most circumstances, Veracuity does not collect information which is governed by HIPAA. However, if and to the extent that Veracuity provides services to a healthcare provider that may be regulated as a “covered entity” or “business associate” under HIPAA, and such services would result in Veracuity acting as a “business associate” (as such terms are defined in HIPAA), the terms of any business associate agreement entered into between Veracuity and such healthcare provider will separately govern Veracuity’s use and disclosure of any Protected Health Information created, received, maintained, or transmitted by Veracuity as a result of such relationship. We will use appropriate and reasonable safeguards designed to prevent misuse or inappropriate disclosure of any such Protected Health Information received or created on behalf of such healthcare provider.
Children Under the Age of 18
The Websites are not intended for children under 18 years of age. While adult users may elect to provide adverse drug information about individuals under the age of 18 where such disclosures are permitted by law, no one under age 18 may themselves provide any information to or on the Websites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Websites or on or through any of its features/register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of the Websites or provide any information about yourself to us, including your name, email address, telephone number, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@Veracuity.com .
Types of Information We Collect About You and How We Collect It
We collect several types of information from and about users of the Websites, including personal data and personal information which includes information about your health or the health of an individual that you are making a report concerning. Personal data, or personal information, means any information about an individual from which that person can be reasonably identified. It does not include data where the identity has been removed (anonymous data). The type of information that we collect will depend upon whether you are an individual making a report about an adverse drug event that you or someone in your custody or care experienced or observed, or a health care provider making a report about an adverse drug event that a patient experienced.
We may collect, use, store and transfer different kinds of personal data which we have grouped together as follows:
- Identity data and/or identifiers includes first initial and last initial, name, zip code and IP address. This may also include information about you or your healthcare provider as it may relate to your or an individual’s interactions with an applicable drug. If you are an individual using our Websites to make a report about an adverse drug event, you may be given the option to submit your report with your full name, email address and phone number, or to submit your report with limited Identity Data/Identifiers.
- Demographics data such as age, gender and date of birth or other demographic information. This category includes data that may qualify as protected classifications under other California or federal laws.
- Other individual records and information that you provide to us which may be protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), including, but not limited to, gender, physical descriptions or characteristics and medical information. This category may overlap with other categories listed here.
- Personal health data includes drug information, including drug used, start and end date, prescription numbers, and adverse drug event that was experienced, as well as general medical history, including diagnosis/condition, weight and height, and pregnancy status.
- Financial data includes bank account and payment card details.
- Transaction data includes details about payments to and from you and other details of products and services you have used or purchased from us.
- Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access these Websites.
- Profile data includes any applicable login information (such as a username and password), the verification and/or report number we provide you, and your feedback.
- Usage data includes information about how you use our Websites.
- Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- Commercial information, including purchases and engagement with Company.
- Internet activity, including your interactions with our services and what led you to our Websites.
- Inferences including information drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
How we collect this information
We use different methods to collect data from and about you including: (i) directly from you when you provide it to us; (ii) automatically as you navigate through the site; and (iii) from third parties, for example healthcare providers that provide information about their patients; each as described in greater detail below. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
Information You Provide to Us
The information we collect on or through the Websites may include:
- Information that you provide by filling in forms on a Website. This includes information provided at the time of registering to use the Websites, posting material such as an adverse event report, or requesting further services. We may also ask you for information when you report a problem with the Websites.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Websites.
- Your search queries on the Websites.
- Types of content you view within the Websites.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) details of your visits to the Websites, including traffic data, logs, and other communication data and the resources that you access and use on the Websites; and (ii) information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Websites and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the Websites according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Websites.
The technologies we use for this automatic data collection may include:
- Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you while you are logged into a Website. This allows us to process your online transactions and requests, and to verify your identity, after you have logged in, as you move through our Websites.
- Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We may use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information or to maintain the security of the Websites.
- Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages or other portions of the Websites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Information About You We May Receive from Third Parties
We may receive personal data about you from various third parties and public sources including, but not limited to:
- Healthcare providers such as your doctor or pharmacist. You may choose to consent to Veracuity contacting your identified pharmacist or health care provider to verify the information that you provide to us through the Websites. If you are a parent, guardian or other individual making a report on behalf of another individual, you must have the legal authority under applicable law to consent to this verification on behalf of such individual or obtain the consent of such individual.
- analytics providers such as Google, Mixpanel and Firebase;
- software monitoring and management providers such as Sentry;
- advertising networks such as Google, Bing, Facebook and Instagram;
- health data marketplaces such as HealthVerity and Redox.
How We Use Your Information
We, and our authorized third-party service providers, may use information that we collect about you or that you provide to us, including any personal data:
- To present a Website and its contents to you, including, but not limited to, receiving your adverse drug event information.
- For research, analytics and benchmarking purposes, and to improve Veracuity products and services, which may be provided to Veracuity’s customers.For example, we may collect and use personal data to conduct data analytics, such as to understand drug interactions, adverse events, and drug safety. We may aggregate personal data described above with data we obtain from other sources. We may use this data to make available aggregated and anonymized drug safety information and for other data analytics purposes.
- To create your account to use the Websites, if applicable. Note that creating an account will require you to submit certain personal information such as your name, email address and phone number.
- To provide you with information, products, or services that you request from us.
- To notify you about changes to the Websites or any products or services we offer or provide through it or other products or services which may be of interest to you.
- To analyze trends and conduct research about improving the Websites.
- To correlate information with other commercially available information to identify demographics and preferences to assist us in marketing efforts.
- To contact users for research, informational or marketing purposes.
- To learn about our users’ needs.
- To track traffic patterns and usage of the Websites, including customizing our recommendations and promotions to you based on your information.
- To address information security and/or privacy practices control, network functioning, engineering, and troubleshooting issues. `
- To investigate claims and/or legal actions, violations of law or agreements, and compliance with relevant applicable laws and legal process.
- To comply with law, or based on our good-faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud and reduce credit risks, to cooperate with police and other governmental authorities, or to protect the rights, property or safety of visitors to the Websites or the public.
- To process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for processing credit cards, billing and collection.
- To allow you to participate in interactive features on the Websites.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
For more information about steps, you can take to control how your information is used, see Choices About How We Use and Disclose Your Information.
Disclosure of Your Information
We may disclose Aggregated Data about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To your healthcare provider and pharmacist where you have directed or otherwise requested that we disclose such information. This may be done to match you to the records about you that your healthcare provider maintains in its internal systems. By way of example, your healthcare provider may ask for identity information or prescription numbers in order to match the information you provide via a Website to information in your healthcare provider’s system.
- To Veracuity business partners and customers. This may include drug and other manufacturers concerning adverse events and safety information relating to their products. Those manufacturers may disclose that information to the FDA subject to their legal obligations.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about the Websites’ users is among the assets transferred.
- To fulfill the purpose for which you provide it. (e.g. sharing payment information with our third party payment processors)
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Consent to Contact Health Care Provider. You may choose to consent to Veracuity contacting your identified pharmacist or other health care provider to verify the information that you provide to us through the Websites. You may be asked to sign an authorization permitting your health care provider to confirm this information to us. If you do not consent, Veracuity will not contact your health care provider. If the information you provide to us relates to another individual who has experienced an adverse drug event, you must have the legal authority under applicable law to sign an authorization on behalf of such individual or obtain the consent of such individual.
You can ask us to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service experience or other transactions.
Accessing and Correcting Your Information
Depending on the rights provided in your jurisdiction you may be able to request access to, correct or delete any personal information that you have provided to us by sending us an email contact@Veracuity.com . Any deletion of your personal information may also result in the deletion of any user account you have created. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you chose to submit information anonymously, we may not be able to make any changes to the information you provided.
Your California Privacy Rights
The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. If you are a California resident, your CCPA rights are described below. If you have any questions about whether any of the following applies to you, please email us at contact@Veracuity.com
You have the right to request certain information about our collection and use of your personal information over the past 12 months, including the following:
- The categories of personal information that we have collected about you, as those categories are defined under the CCPA.
- The categories of sources from which that personal information was collected.
- The business or commercial purpose for collecting or selling your personal information.
- The categories of third parties with whom we have shared your personal information.
- The specific pieces of personal information that we have collected about you.
- If we have disclosed your personal information for a business purpose over the past 12 months, we will identify the categories of personal information shared with each category of third-party recipient.
In addition to the rights described above, the CCPA requires disclosure of the categories of personal information collected and shared with our affiliates and Customers over the past 12 months. Those categories, as described by the CCPA, are set forth more specifically above in the Section titled “Types of Information We Collect About You and How We Collect It”.
Sales of Personal Information Under the CCPA; Opting Out
AT THIS TIME COMPANY’S SHARING OF INFORMATION WITH ITS CUSTOMERS, INCLUDING DRUG MANUFACTURER’S COULD BE CONSIDERED A SALE UNDER THE CCPA. THOSE CATEGORIES OF INFORMATION CONSIST OF: IDENTIFIERS, DEMOGRAPHICS AND PERSONAL INFORMATION PROTECTED UNDER CAL. CIV. CODE 1798.80(E). IF YOU ARE A CALIFORNIA RESIDENT AND WOULD LIKE TO OPT OUT OF SALES OF YOUR PERSONAL INFORMATION PLEASE CLICK HERE [INSERT URL TO OPT-OUT-FORM]. NOTE THAT UNLESS YOU HAVE PREVIOUSLY PROVIDED US WITH A NAME AND CONTACT INFORMATION ASSOCIATED WITH THE PERSONAL INFORMATION YOU SUBMITTED, YOU WILL NEED TO PROVIDE US WITH THE UNIQUE IDENTIFIER/CONFIRMATION NUMBER PROVIDED TO YOU WHEN YOU SUBMITTED INFORMATION ON THE WEBSITES IN ORDER TO APPROPRIATELY IDENTIFY YOU AND VERIFY YOUR PERSONAL INFORMATION. TO THE EXTENT CHANGES TO THE CCPA WOULD AFFECT YOUR ABILITY TO OPT OUT UNDER THIS SECTION AS DESCRIBED, WE WILL COMPLY WITH THE AMENDED REQUIREMENTS OF THE CCPA.
If you are a California resident you have the right to request deletion of the personal information that we have collected from you, subject to limited exceptions: for example, we may retain personal information to complete a transaction with you, or we may retain information that would affect the privacy of others or interfere with legal requirements. If your deletion request is subject to an exception under the CCPA we may deny your deletion request.
To exercise the rights described above, you should send us written request via email contact@Veracuity.com or via the Company address listed below. Please ensure that your request (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information; and (2) provides sufficient detail to allow us to understand, evaluate, and respond to your request. We may not be obligated or able to respond to requests that do not meet these criteria.
For your security we may require you to verify your identity before we can act on your request. There may be information we will not return in response to your access request, such as information that would affect the privacy of others or interfere with legal requirements. Similarly, there may be reasons why we cannot comply with your deletion request, such as the need to keep your personal information to fulfill a legal obligation.
Company will use commercially reasonable efforts to respond to any complete and valid request within 30 days of receipt. There is no cost to submit a valid request although Company may require a fee if your request(s) are excessive, repetitive, or unreasonable. You will not be charged a fee, and your fee-bearing request will not be processed, without Company providing you with prior written notice.
Should you choose to exercise any of your rights under the CCPA, Company will not deny you any services, charge you different rates, or provide lesser quality services. However, in the future Company may elect to offer different tiers of services as allowed by applicable laws (including the CCPA) which may contain differing prices, rates, or levels of quality, which may be related to the value of personal information that we receive from you.
California Civil Code Section § 1798.83 permits users of the Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@Veracuity.com or write us at [INSERT MAILING ADDRESS].
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data, which may include rights to the following:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Withdraw consent.
If you wish to exercise any of the rights set out above, please contact us at contact@Veracuity.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within thirty (30) days. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information also depends on you. To the extent we have given you (or where you have chosen) a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites. The information you share in public areas may be viewed by any user.
Unfortunately, the transmission of information via the internet is not completely secure. Alt-hough we do our best to protect your personal information, we can neither guarantee the security of your personal information transmitted to the Websites nor can we guarantee that such infor-mation will not become publicly available. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites. You can reduce these risks by using common-sense security practices such as choosing a strong password, using different passwords for different services, and using up-to-date antivirus software on your electronic devices.
Users Outside of the United States
The Websites and Veracuity’s services are not intended for users, individuals or entities outside of the United States, including by individuals located within the European Union. If you are a United States citizen or resident, you should only use the Websites from within the United States.
Note that while the Websites are not intended for access outside of the United States, even by United States citizens or residents, if you are visiting the Websites from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Websites may be created on servers located in the United States, and all information you provide may be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be the same as those in your country. By using the Websites or submitting information to us, you specifically consent to the transfer of your information to the United States and to the facilities and servers we use, and to those with whom we may share your information.
contact@Veracuity.com or Veracuity LLC, P.O. Box 178, Gladwyne, PA 19035.
Depending on where you reside you may have the right to make a compliant to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns first so please contact us.