By using the Site you are accepting and agreeing to be bound by each the Terms and this Policy. Specifically, by using this Site, you consent to the collection, use and disclosure of your non-personal information and certain personally identifiable information obtained by or through the Site in accordance with the Terms and this Policy. Abarca may modify this Policy at any time without notice in its sole discretion. Amendments to this Policy are effective as of the date that they are posted on the Site. You should, therefore, review this Policy from time to time. Your access and use of the Site after the effective date of any amendment to this Policy means that you have accepted its amended terms. If you do not agree to be bound by (or cannot comply with) the terms of this Policy as amended from time to time, you agree that your sole remedy is to cease using the Site. Your continued use of the Site constitutes your agreement to be bound by this Policy, as amended, and the Terms (that is, the most recent Terms). This Policy was last updated on October 4, 2017.
For purposes of this Policy, to use, access and/or visit the Site includes visiting the Site or any of its pages (with or without a log-in or registration), Abarca, registering (partially or completely) in the Site, and/or logging in and out (“Use”).
We are firmly committed to protecting the confidentiality of your Personal Information. The term “Personal Information” means any information which can be used to identify you including by way of example, but not limitation, name, date of birth, mailing address, phone number, cell phone number, e-mail address, and/or Social Security number.
This is intended for use only by residents of the United States, including the Commonwealth of Puerto Rico.
Collection and Use of Personal and Non-Personal Information
In order to take full advantage of the Site and receive electronic communications from Abarca (if applicable), you must be a registered User. Both Personal Information and Non-Personally Identifiable Information, as defined below, is collected when you register with the Site to receive or have access to certain services offered by Abarca. “Non-Personally Identifiable Information” means information which cannot be used to identify you, including without limitation, the type of browser that you use and its version, your IP address, your location or your general geographic location, the operating system that you use and its version, and the domain name of your Internet service provider, aggregate information from all Site visitors and/or registered users.
You may always choose not to register with the Site and provide Personal Information, but then you may not be able to access all of the features of the Site.
Abarca and/or its agents may collect your Personal Information when you use the Site or when you register to use the Site. Abarca may also collect your Personal Information when you otherwise submit information to Abarca, including instances when you do not complete any applicable registration process in its entirety. Abarca reserves the right to retain Personal Information and Non-Personally Identifiable Information obtained by or through this Site indefinitely.
We do not knowingly collect Personal Information from children under thirteen (13) years of age. If we learn that we have collected any Personal Information from a child under the age of thirteen (13 ) without verifiable parental consent, we will delete that information from our database as quickly as possible. If you believe that we may have collected information from a child under thirteen (13), please contact us at [email protected].
How We Use Non-Personally Identifiable Information
Abarca does not generally limit its use or disclosure of Non-Personally Identifiable Information obtained by and through our Site. Non-Personally Identifiable Information may be used by Abarca for analysis, to improve Abarca’s services and products and to design, customize, and improve the Site and for any other purpose, including but not limited to, commercial purposes.
Abarca may sell, rent, lease or otherwise provide the Non-Personally Identifiable Information that you supply to Abarca (or that Abarca generates from any Non-Personally Identifiable or Personal Information that Abarca de-identifies) to any third party. These third parties may bring selected business, retail, product, service, sale, or other opportunities to you, with or without Abarca’s endorsement.
We may perform statistical analyses of the traffic patterns, Site usage and behaviors associated with our Site. We may use these analyses to generate Aggregate Data from the original Non-Personally Identifiable Information. “Aggregate Data” is summary level data, such as the number of users in a specific gender in a specific zip code. Aggregate Data does not contain information that can be used to identify or contact you, such as your name, address, telephone number or e-mail address, and does not reflect the original form of the Non-Personally Identifiable Information collected from you. We may sell or disclose the Aggregate Data to other companies or organizations, and we may engage third parties who operate a linked site to collect Non-Personally Identifiable Information from users of that linked site and share that Non-Personally Identifiable Information with us as part of services provided on our behalf. Linked site providers will not have the ability to translate the Non-Personally Identifiable Information they collect for us into Personal Information.
How We Use Your Personal Information
Abarca may use your Personal Information to verify your identity, provide or improve customer service, to administer the Site and diagnose problems with our server, to provide you with information that you may request, customize your experience on the Site, and/or to contact you when necessary in connection with transactions you entered into by or through the Site or otherwise. Abarca may use your Personal Information collected by or through this Site to contact you through mail, email or over the phone (through calls or messages) to assist you or inform you in relation to services offered by Abarca, among other things. Abarca may use your Personal Information to analyze and manage its business and for any other internal purposes. In addition, Abarca may disclose your Personal Information to its affiliates provided such affiliates agree to abide by this Policy. Abarca may use third parties to help operate the Site and its business and Abarca may disclose Personal Information obtained by or through this Site to such third party contractors as necessary for such third parties to provide services to or otherwise assist Abarca so long as such third parties agree to comply with this Policy.
Additionally, Abarca may release your Personal Information: (i) to a governmental authority if such information is subpoenaed or if such disclosure is otherwise required by applicable law, court order or a governmental regulation including for suppression purposes in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM Act of 2003), as amended from time to time, and the corresponding Federal Trade Commission’s implementing regulations (ii) if Abarca is sold, acquired or merges with any other entity to the acquiring or surviving entity so long as such entity has agreed to treat such Personal Information in accordance with this Policy and/or (iii) to the proper authorities where Abarca has reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with Abarca’s rights, property, users, or anyone else who may be harmed by such activities.
Except as otherwise provided in this Policy, or if Abarca requests from you and obtains your permission to share your Personal Information with third parties, Abarca shall not share your Personal Information with third parties.
We may combine your Personal Information with the Personal Information of other Users. We may de-identify Personal Information and aggregate such data about our Site Users in a non-identifiable manner and use it for a variety of purposes. For example, we may aggregate data and sell such aggregate statistics to our customers, including pharmaceutical manufacturers.
Abarca is committed to protecting the privacy and security of this Site. Abarca takes reasonable technical and procedural precautions to protect the information provided by our Users by and through our Site. Our Internet infrastructure is protected using industry recognized commercial security products, including current encryption technology, and best practice procedures for maintenance of the Site. In addition, our infrastructure is monitored 24 hours a day, seven days a week.
No method of transmission over the Internet or storage of data on an Internet server is 100% secure. Although we use commercially acceptable and reasonable precautions to protect your Personal Information, we do not guarantee its absolute security.
For privacy and security purposes, your Abarca account information may be password-protected. If the Site or any part or component thereof requires the use of a password, you have the responsibility to maintain the secrecy and/or integrity of your password by taking reasonable measures to ensure that your password in not misused. You must notify Abarca immediately should you suspect that your password secrecy and/or integrity have been compromised.
The terms and conditions contained in this Policy and the Terms are subject to and may be superseded by applicable federal and state laws.
Your registration (partially or completely) at the Site, your use of this Site to obtain, solicit, or download any products or services from the Site, and/or your submission of information to Abarca by or through this Site or otherwise, constitutes an inquiry and/or application for purposes of the Telemarketing Sales Rule (available at 16 CFR §310 et seq.), as amended from time to time (the “Rule”), and any applicable state do-not-call laws or regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List and/or on any applicable state do-not-call lists, Abarca may contact you via telephone (including text messages) or otherwise in accordance with the Rule and any applicable state do-not-call laws or regulations.
Nothing in this Policy shall be interpreted as Abarca representing, offering, or guaranteeing any products, services or programs to you. Abarca is under no obligation to provide or maintain any services or the Site.
The Site may contain links to other websites (“External Links”). Abarca is not responsible for the privacy practices of other websites. We encourage users to read the privacy statements of such External Links.
Abarca is not a “Covered Entity,” as such term is defined under the Health Insurance Portability and Accountability Act of 1996 and the regulations thereunder (collectively referred to as “HIPAA”), however, in its capacity as a pharmacy benefits manager to health plans it may be deemed a “Business Associate,” as defined under HIPAA. As such, Abarca complies with the provisions of HIPAA which are applicable to it as a “Business Associate” to its health plan clients and those provisions of HIPAA will apply to Personal Information that Abarca receives for or on behalf of its health plan clients. The provisions of HIPAA applicable to Abarca as a Business Associate to its health plan clients may not apply to Personal Information voluntarily provided by you to Abarca by or through this Site.
Questions And Suggestions
If you have questions, comments, requests or concerns related to this Policy, please contact our privacy team at [email protected].