SymmetryRX Privacy Policy

Effective Date: July 15, 2024

This Privacy Notice describes to you the personal data handling practices of SymmetryRX, LLC, a North Carolina corporation with its mailing address at 150 N Radnor Chester Road, Suite F200, Radnor, PA 19087, USA, and its affiliates, subsidiaries, and divisions (collectively, and each individually, the "Company," "we," "us" and "our") regarding the personal information which our users give to us, or we obtain from our users during their use of our products, services and online applications, including our websites at https://rxsamples.com, https://medmanagesystems.com, https://samplecenter.com, and https://drugsamplemanager.com (collectively, the “Services”). The Services are business-to-business; the users of our Services are individuals acting in their professional capacity or on behalf of their employers, which are the Company’s customers.

This Privacy Policy does not address the privacy practices of the Company’s customers, which are healthcare providers (“Providers”). If you are a patient of a Provider who uses our Services, please understand that the Company and Provider are independent parties, and the Company has no control over Providers’ privacy practices. Please review the privacy policy of your Provider to understand their practices and direct any questions or concerns to the Provider.

The Company reserves the right, at its sole discretion, to change, modify, or add to this Privacy Notice, or portions thereof, from time to time and will post updated terms on this page, including the date they become effective. Your continued use of any of the Services following the posting of any changes to this Privacy Notice means that you accept, agree, and consent to the changes. If you do not agree to such changed terms, you should not access, or use the Services. You may access this page at any time through the Privacy Notice link at the bottom of each page on the Services.

OUR SERVICES ARE INTENDED TO BE USED SOLELY IN THE UNITED STATES.

Our policy is organized into the following sections.

The headings of sections of this Privacy Notice are for convenience and are not to be used in interpreting this Privacy Notice. As used in this Privacy Notice, the word "including" means "including but not limited to."

CONSENT

By using our Services, you expressly consent to our collection, use, and disclosure of your information as described in this Privacy Notice. Please review the following carefully before using or submitting personal information. BY USING OUR SERVICES, YOU EXPRESSLY CONSENT TO AND AGREE WITH THIS PRIVACY NOTICE; IF YOU DISAGREE WITH THE TERMS OF THIS PRIVACY NOTICE, PLEASE DO NOT USE THE SERVICES PROVIDED BY US.

PERSONAL INFORMATION WE COLLECT

One of our primary goals in collecting personal information from you is to give you a meaningful and customized experience while using our Services and to allow us to develop new products and services that are relevant to you. Your personal information also allows us to provide specific services and features that most likely meet your needs, and to customize the webpage or service to make your online experience more rewarding.

In the course of using our Services, we may ask you to provide us with, or we may collect, certain personally identifiable information that can be used to contact or identify you and administer your use and enjoyment thereof (“Personal Information”). Personal Information may include your name, contact information (address, phone number, fax number, e-mail address), demographic information, user credentials, National Provider Identifier, and information to confirm eligibility for certain of our products. The Company may record its interactions conducted over the chat feature and use third party service providers to record and store transcripts of conversations and chats. We may now or in the future utilize a “bot” in our chat feature.

We may collect information about individuals who are patients of our Provider customers; however, our collection and use of such data is beyond the scope of this Privacy Notice, which addresses data we collect directly from our users. Patient data is collected pursuant to our agreement with our Provider customers.

We do not knowingly collect information directly from any person under the age of majority. No parts of our Services are designed to attract anyone under the age of eighteen. However, in the context of the use of the Services, we may receive information about a patient of a Provider who may be under the age of majority. It is the Provider’s responsibility to ensure all consent is received for the provision of such individual’s information and the provision of that information to us for the use of the Services.

• Surveys and Promotions and Market Research Information

In using our Services, you may also elect to participate in market research surveys or programs. By submitting answers to these surveys or programs, you are providing specific feedback to us and/or certain third parties (as described below). Participation in a survey or program is voluntary and you may decline participation or honoraria. If you elect to participate in a survey or program, we may disclose your information to certain third parties as described below.

In addition to the foregoing, Personal Information may also be collected in the following forms:

• Device IDs

We may collect and store a unique device ID associated with your device (“Device ID”). We use your Device ID to track the number of unique users using our Services and to enable you to interact with and use our Services. We link your Device ID with the technical information accessed through your use of our Services so that we may administer resets to your account or to delete information when you request that we do so or for other administrative purposes.

• Cookies

Additionally, when you use our Services, we may monitor your use of the Services utilizing background local storage and session storage technologies such as cookies and web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) which track users' patterns throughout our Services.

Cookies are small pieces of information that a website transfers to the memory or hard drive on your computer. We use both session ID cookies (expire when you close the browser) and persistent cookies (persist even after you close the browser). Examples of the type of information collected using Cookies include your browser type, operating system, date/time stamp for your visit, IP address, domain name, referring URLs, statistics about the number of visitors to the site, the number of pages visited, and user response rates.

The information collected via Cookies may be combined with other Personal Information about you. It may also be aggregated with information collected from other users to attempt to provide you with a better experience, to improve our Services and to analyze and understand how our websites and products are used. We may also use the combined information without aggregating it to serve you specifically, for instance, to deliver a product to you according to your preferences or restrictions, for advertising or advertising targeting purposes.

Most web browsers have options that allow you to control whether to accept Cookies and give you the option to delete all Cookies. Please note, however, that disabling cookies in your browser may prevent access to some parts of our Services. Third parties may set Cookies on your web browser and/or obtain information about the fact that an IP address web browser visited a certain website. Our Services are not currently configured to respond to a browser's Do Not Track signals. You may configure your browser to your desired DNT setting. The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by this Privacy Notice, as we do not have access or control over these cookies.

We use Google Analytics, a web analytics service of Google Inc. (“Google”) which uses Cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/. Google will use this information to analyze your use of the Services, compile reports on activity for us, and perform further services associated with website use and Internet use. Google may also transmit this information to third parties where required by law or to the extent that third parties process these data on behalf of Google. You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place, available at https://tools.google.com/dlpage/gaoptout?hl=en.

• Log Files

As is true of most web sites, we may also gather certain information automatically and store it in log files. For instance, when you visit our website, our web server may automatically recognize your IP address or device, including but not limited to the date and time you visited our site, the pages you visited, the referrer (the website you came from), the type of browser you are using (e.g. Firefox, Internet Explorer), the type of operating system you are using (e.g., Windows or Mac OS), and the domain name and address of your Internet service provider (e.g., AT&T, Verizon, AOL).

• Clear Gifs (Web Beacons/Web Bugs)

We may employ software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier similar in function to cookies and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages.

• Social Media Widgets

Our website may include social media features, such as the Twitter and LinkedIn buttons, and widgets or interactive mini-programs that run on that site. These features may collect your IP address, which page you are visiting on that site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third-party or hosted directly on the website. Your interactions with these features are governed by the privacy notice of the company providing it.

• Information Collected from Other Sources

We may occasionally supplement your information with information we receive from other sources including, but not limited to (a) companies that provide our Services by way of a co-branded or private-labeled website, (b) companies (e.g., pharmaceutical companies) that sponsor surveys or programs on our Services (the entities in (a) and (b), collectively, "Partner Companies"), or (c) downloadable software applications from our Services, which we will add to the information which we already hold about you.

Some of the categories of Personal Information collected for the purposes identified above are required in order to use the Services, while others are not required to use the Services. For example, using your e-mail address to communicate with you in order to send you marketing communications about our latest products or services is not required to maintain the relationship we have with you. Your decision not to provide Personal Information for purposes that are not required to use the Services (e.g., receiving marketing communications), will not prevent you from accessing the applicable Services, but may limit access to some parts of our Services.

STATEMENT ABOUT HIPAA (Health Insurance Portability and Accountability Act)

As a provider of services to the healthcare industry we have programs and controls in place to address the privacy and security requirements of HIPAA.

Certain Services that SymmetryRX provides to our Provider customers or make available to their patients involve access to, and the processing of, personal health information (“PHI”) that is provided to us pursuant to our delivery of the Services to our Provider customers. With respect to its operation of the Services, and to the extent required by (A) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), (B) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder, and (C) any applicable laws governing the collection, use, storage, and disclosure of information that can reasonably be used to identify an individual (collectively, the “Privacy Laws”), SymmetryRX will, subject to its agreements with Providers, comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any PHI which is individually identifiable health information that is protected by HIPAA (“PHI”) transmitted or made available through the functionality of the Services. If you are a patient of a Provider, our use of PHI is governed by our agreement with your Provider.

HOW WE USE THE PERSONAL INFORMATION

We use the information we collect to administer our business activities and Services, improve our Services, provide customer service, make available products and services to our users and customers, recruiting, marketing, and other business purposes of the Company and our Partner Companies.

We also use this information in helping us to create and manage your account, verify your identity, verify your eligibility for Services, deliver interactive educational programs, provide you support, initiate and fulfill orders, complete transactions, and administer the websites.

We may also use your Personal Information to communicate with you. For example, we may correspond with you, possibly through email, direct mail, fax, or phone calls related to your transactions and orders, participation in our surveys, programs and Services, invitations to new surveys or programs and Services, deliver information about new surveys, programs, or Services, and to alert you to developments in the use of pharmaceuticals or selected information from the pharmaceutical industry related to your medical specialty. We may use contact and demographic information to offer participation in surveys or programs. We may need to respond to your comments or requests for information, or we may contact you if needed in the course of processing or shipping products or services offered through our website. We may also use contact and demographic information to extend offers to you from our Partner Companies.

We may now or in the future offer advertising based on your online browsing activity utilizing tracking technologies such as cookies.

We may create aggregate information about our users, sales, products or traffic patterns ("anonymous information"); this anonymous information does not include any Personal Information. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our Services. SymmetryRX reserves the right to use and disclose anonymous information to third parties in its discretion.

SymmetryRX offers mobile messaging, where, if you opt-in, you agree to this Privacy Policy and our Terms and to receive marketing text messages from us. Participation in mobile messaging is optional and not a condition of purchase. Messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. By participating in mobile messaging, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue to receive mobile messages, please reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.

DISCLOSURE OF PERSONAL INFORMATION

We will share your Personal Information with third parties only in the ways that are described in this Privacy Notice, as directed by you, or as otherwise permitted or required by applicable law.

In order to provide you with our Services, we may share your information with our affiliates (i.e. those companies related to SymmetryRX, LLC, by common ownership or control) for everyday business purposes. We may also share your information with our suppliers, agents, contractors, or other companies or individuals that provide services for or on our behalf ("Service Providers") in connection with the services they provide.

We may disclose your Personal Information to other companies we collaborate with for activities related to our Services or those jointly offered or developed by the Company and that third party company. Our Partner Companies may also use this information to provide services requested by the Company and/or for their recruiting, marketing, or other business purposes. For example, without limitation, (1) if you have elected to participate in a survey or program, we may share your Personal Information with the sponsors of the survey or program when we report the results of the survey or program to the sponsors; and (2) if you accessed our Services through a co-branded website, we may share your Personal Information with the co-branded website provider.

Please see discussion above regarding tracking technologies for disclosures about the sharing of your information pursuant to advertisements, social media features and analytics reporting.

• Disclosure Pursuant to a Transaction

If the Company is (or its assets are) sold, acquired, merged with another entity, or if it becomes insolvent, and/or declares bankruptcy (each a "Company Change Event"), the Services and any information obtained through them, including Personal Information, may be transferred or sold to another entity in connection with the Company Change Event.

• Disclosure by Law

We may use or disclose Personal Information if we believe in good faith that such use or disclosure is necessary to (a) help identify any person attempting to break into or damage our websites, (b) to investigate, prevent, or take action regarding any illegal activities, (c) to comply with relevant laws, or legal or regulatory obligations, (d) to respond to subpoenas or warrants served on the Company, or (e) to protect or defend the rights or property of the Company or its customers. Without limiting the foregoing, we may share Personal Information with law enforcement agencies if we believe that we have evidence of a violation of computer security or related laws.

PROTECTION OF YOUR PERSONAL INFORMATION

The Company has numerous security measures in place to help protect and safeguard your Personal Information from accidental loss, misuse, unauthorized access, disclosure, alteration, or accidental destruction. Although no website can guarantee the absolute security of your information, we are committed to implementing strong physical, technical, and administrative safeguards.

These procedures include the use of firewalls, secure connections on our websites, and frequently the use of Secured Socket Layers (SSLs) that encrypt pages that collect Personal Information. Personal Information is stored in limited access servers and physical access to our servers requires individual authorization and authentication. Only authorized Company employees or contractors carrying out permitted functions are allowed access to Personal Information, unless otherwise provided in this Privacy Notice. In addition, each employee and contractor of the Company is required to sign a confidentiality agreement requiring him or her to keep confidential all Personal Information of users and customers. We train our employees and contractors on the proper use and handling of Personal Information. Employees and contractors who violate these policies may be subject to disciplinary action, termination of their employment and legal action. Our Service Providers are also required to maintain security measures similar to the Company’s. However, for added protection, we ask that you keep your login information and passwords confidential.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically about security, privacy, and administrative issues relating to your use of the Services. If you have reason to believe that your interaction with the Company is no longer secure, please contact us immediately as detailed in the contact information below. If we learn of a security breach that results in the unauthorized disclosure of your Personal Information, we may attempt to notify you electronically so that you are able take appropriate protective steps. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. We may post a notice on our websites if a security breach occurs. If this happens, you will need a web browser or mobile device enabling you to view the notice. We may also send an e-mail to you at the e-mail address you have provided to us for a notification pursuant to this paragraph. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at support@symmetryrx.com. Identity theft and the practice currently known as “phishing” are of great concern to the Company. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

UPDATING YOUR INFORMATION

It is important to us that you take an active role in your experience with us. We highly recommend that you confirm and update your profile regularly. You can update or change your profile, which includes Personal Information, online at any time by contacting us through email or mail at one of the addresses below. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We will use commercially reasonable efforts to respond to your request to access and/or delete it within 30 days. While updating your profile, you may be able to select the type of messages and communications that you want to receive, which will further customize your experience as described herein. The contact information for updating your data is given below.

YOUR PRIVACY RIGHTS AND CHOICES

Your Privacy Rights. We are committed to facilitating the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information (as applicable). We will do our best to honor your requests subject to any legal and contractual obligations.

Promotional Communications. As described above, we may periodically provide you (via email, mail, phone, text or fax) with marketing communications promoting Services of the Company, our Partner Companies, and/or other third parties. When you receive marketing communications from us, you may indicate a preference to stop receiving further communications from us by "opting-out" (a) via the unsubscribe instructions provided in the e-mail or text you receive, or (b) by contacting us directly (please see contact information below); provided, however, that communication preferences for email addresses under your employer’s domain may be subject to the direction of such employer. Despite your indicated e-mail preferences, we may send you notice of any updates to our Privacy Notice and other service-related, non-marketing communications.

Marketing Communications. As described above, we may provide your Personal Information to third parties for their marketing purposes. You may indicate a preference for us to stop providing such information to third parties for their marketing purposes by "opting out" by contacting us directly (please see our information below); provided, however, that communication preferences for email addresses under your employer’s domain may be subject to the direction of such employer. After you opt-out (subject to the foregoing), we will stop disclosing your Personal Information to third parties for their marketing purposes, unless you have "opted-in" by (a) contacting us directly (please see our contact information below), or (b) by signing up for another survey and/or program.

CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to this Privacy Notice will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site prior to the change becoming effective. These changes will be effective immediately for new users of our Services. Please note that you are responsible for updating your Personal Information to provide us with your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Services, following notice of such changes, shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

THIRD PARTY LINKS

Certain features of our websites and products contain links to other websites and online services. If you choose to visit a third-party service or an advertiser by clicking a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third-party's website or online service. The fact that we provide a link to a website’s content or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third-party, nor is it an endorsement of their privacy or information security policies or practices. This Privacy Notice is not applicable to the websites or content of any such third parties. We do not exercise control over third-party websites or services. These other websites or services may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of any such third-party websites and services that you may use.

CONTACTING US

Should you have any questions or concerns in connection with how we handle your Personal Information, wish to exercise your rights, or make any other type of request, or for instructions on changing any of your privacy preferences, accessing your information, updating your information, or for any other privacy or data-protection-related questions, please contact us at privacy@symmetryrx.com or at: