QOL Medical (referred to as either “QOL”, “We”, “Us” or “Our” in this Agreement) refers to QOL Medical, LLC, located at 3405 Ocean Dr., Vero Beach, FL 32963. We conduct business within the United States. We understand the importance of privacy to Our customers, visitors, suppliers, business partners, employees, and other individuals. We are committed to protecting and respecting your privacy.
This Policy applies only to Personal Information collected by QOL. It does not apply to third-party platforms. This Policy does not apply to information collected through other channels, such as by phone or in person, or as part of a clinical study.
As described in more detail below, this Policy may be supplemented or amended from time to time by additional privacy notices provided when We collect your Personal Information (“Privacy Notices”), and We reserve the right to collect, use, disclose, and transfer your Personal Information as described in this Policy, any Privacy Notices, or in accordance with any consent or authorization you otherwise provide.
As applicable, you should review the State Privacy Notice Addendums for more detailed information about privacy rights that may be available in individual states.
If you have a disability, you may request access to this Policy in an alternative format by contacting [email protected].
By using this Site, you are consenting to the collection, use, disclosure, and transfer of your Personal Information as described in this Policy (and any Privacy Notices that apply to you). If you do not consent to the collection, use, disclosure, and transfer of your Personal Information as described in this Policy (and any Privacy Notices that apply to you), you may not use this Site. If you have questions about this Policy, or any Privacy Notice, please contact Us using the contact information provided below. The Personal Information that We collect is used for providing and improving Our Site and Our products/services, and for legal or regulatory compliance purposes. We will not use or share your Personal Information with anyone outside of QOL, except as described in this Policy.
“Personal Information” is any information that relates to an identified or identifiable individual. Generally, “Personal Information” means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
QOL reserves the right to update or modify this Policy and any Privacy Notice, at any time and without prior notice, by posting the revised version of the Policy or Privacy Notice on this Site. These changes will only apply to the information We collect after We have posted the revised Policy or Privacy Notice on this Site.
Personal Information You Manually Provide
QOL collects the information you manually provide when you use this Site. For example, We collect the information you provide if you choose to complete a questionnaire or information submission form, contact Us with questions (such as by email), or otherwise interact with this Site. Some of the information you may choose to manually provide will be Personal Information and may include, but is not limited to:
Suppliers, Customers or Other External Stakeholders
In addition to the information described above, if you are a supplier, customer, distributor, or a healthcare professional that purchases and/or uses Our products, We may collect additional specific information, including information about your professional details, practice specialty and areas of interest, membership of professional associations, product usage and experience, and your dealings with Us.
If you are an employee, contractor or applicant, We may collect additional specific information including your gender, date of birth, contact details, information collected in Our employment records, including tax file number, job application, reference checks, curriculum vitae/resume, records of training, documentation of performance appraisals and disciplinary matters, employment terms, and medical condition or medical history. We may receive some of this information from third parties, such as from recruiters or reference checks.
Information Automatically Collected
QOL collects information that is sent to Us automatically by your web browser or mobile device. This information includes but is not limited to:
The information We receive may depend on your browser or device settings. The information We receive from your web browser and device typically is not, in and of itself, personally identifiable. However, We may combine it with other information in an attempt to identify you or We may combine it with information that does identify you.
Information Collected by Cookies and Other Technologies
A cookie (“Cookie”) is a small piece of text sent to your browser by a website you visit. It helps the site remember information about your visit, which can make it easier to visit the site again and make the site more useful to you.
The information We may collect using Cookies and similar technologies is not, in and of itself, personally identifiable, but We may link it to Personal Information that you provide. If you do not wish to receive Cookies, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept Cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects Our Cookies. The information We receive may depend on your browser or device settings as well as your Cookie settings.
We may use both session Cookies and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Cookies Policy / Notice Acceptance Cookies
Tracking and Performance Cookies
Information Collected by Third-Party Cookies
In addition to the Cookies QOL delivers to your computer or mobile device through this Site, certain third parties (Tracking and Performance Cookies) may deliver Cookies to you for a variety of reasons.
Other third parties may deliver Cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites.
You have choices about the collection of information by third parties on Our Sites. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Similarly, to opt-out of Cookies used for interest-based advertising, click here or here.
You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. Please note that industry-developed opt-out mechanisms are device and browser specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices and browsers, you need take the steps outlined above for each device and browser.
We may use the information We collect through this Site to provide you with access to the Site. Additionally, We may keep and use Personal Information to:
We may process the Personal Information We collect or receive under the following legal bases:
QOL will not share Personal Information about you except as provided in this Policy. We may share for the following purposes.
With Third-Party Vendors
In the ordinary course of business, We share some Personal Information with third-party vendors who provide services to Us. For example, We may use third-party vendors to design and operate this Site; to conduct surveys or clinical studies; to document and report product safety events or complaints; and to help Us with Our promotional efforts, including to evaluate the reach and effectiveness of Our marketing campaigns. These third-party vendors may need Personal Information about you to perform their services. In these cases, We will require Our third-party vendors to restrict their use of Personal Information to the intended purpose.
With Third-Party Social Media Platforms
We may also use third-party social media services to offer you interest-based ads. To offer such ads, We may convert your email address into a unique value that social media service vendors can match with a user on their platform. Although We do not provide any Personal Information to these social media service vendors, they may gain insights about individuals who respond to the ads We serve.
As Part of a Business Transfer
Your Personal Information may be transferred to a successor organization if, for example, We transfer the ownership or operation of this Site to another organization, or if We merge with another organization or liquidate Our assets. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and applicable privacy preferences you have expressed to Us.
For the Purpose of Determining your Eligibility for a Clinical Study
If you choose to provide Personal Information through Our Site to see if you qualify to participate in a clinical study, We may share your Personal Information with business partners or potential study center(s) so they may contact you to determine if you are a suitable candidate for one of Our clinical studies. We require such business partners or potential study centers to restrict their use of any Personal Information received through Our Site to the intended purposes.
In Aggregate or Deidentified Form
We use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties for various purposes including enabling better understanding of Our user base. We may also share with third parties information about how particular individuals use this Site, but only on a deidentified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. For clarity, We may use and share aggregated or deidentified data without restriction.
In the ordinary course of business, We share some Personal Information with business partners such as clinical study sites or healthcare providers. For example, We may share Personal Information with a clinical study site if you provide Us with information indicating your interest in a clinical study. We may also share Personal Information with healthcare providers. Our business partners will generally be bound to confidentiality requirements applicable to their organizations.
To Comply with Laws or Protect Rights
We may disclose your Personal Information when We, in good faith, believe disclosure is appropriate to comply with applicable laws or regulations, a court order, or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce this or other agreements; or to protect Our own rights or property or the rights, property or safety of Our users or others.
As Described in a Privacy Notice or Click-Through Agreement
We reserve the right to disclose your Personal Information as described in any Privacy Notice. If such a Privacy Notice is posted on a page of this Site where you provide that Personal Information, by providing your Personal Information on that page you will be consenting to the disclosure of your Personal Information as described in that Privacy Notice. We also reserve the right to disclose your Personal Information as described in any click-through agreement to which you have agreed.
This Policy may be supplemented or amended from time to time by additional Privacy Notices. For example, certain pages of this Site may contain Privacy Notices providing more details about the Personal Information We collect on those pages, why We need that Personal Information, and choices you may have about the ways We use that Personal Information. Similarly, if your Personal Information is provided by phone, in person, or as part of a clinical study, details about the collection, use, disclosure, and transfer of such Personal Information may be described in a separate Privacy Notice at the time of such collection. In other cases, specific Privacy Notices may be required to comply with the privacy laws of one of the countries, provinces, or states in which We do business. We reserve the right to collect, use, disclose, and transfer your Personal Information as described in this Policy, any Privacy Notice, or in accordance with any consent or authorization you otherwise provide.
QOL takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information We collect. Although We use reasonable measures to help protect your Personal Information against unauthorized use or disclosure, We cannot guarantee the security of Personal Information provided over the internet or stored in Our databases, and We will not be responsible for breaches of security beyond Our reasonable control.
QOL primarily processes Personal Information in the United States. Accordingly, We may store, collect, transfer and process your Personal Information in a country other than your country of residence. Thus, data protection requirements and other laws set by countries to which your Personal Information may be transferred may be different from your country of residence. By using this Site or otherwise providing your Personal Information, you agree to the collection, transfer, storage, or processing of your Personal Information as described in this Policy or applicable Privacy Notice.
QOL retains the Personal Information collected on this Site to meet Our business purposes, legal and regulatory obligations, and as permitted or required by applicable laws and regulations.
This Site is not targeted to children and We will not intentionally collect Personal Information about children in general, particularly under the age of 16 years. If you believe We have collected Personal Information from a child under the age of 16 years, please contact Us.
We may contact you to provide information about products, services and content that may be of interest to you. You may revoke your consent for the receipt of communications that We send to you at any time by using the “Unsubscribe” functionality included in Our emails to you or by contacting Us directly.
You should note that this will not affect all communications from Us. For example, We are legally required to provide notices such as notification of a data breach, in which case you should expect to receive a notification via email. We may also respond to communications from you, such as if you submit an online form on Our Site.
Your rights will vary depending on which laws apply. You may make a request to exercise any rights that you may have, and We will comply with any laws that apply. You may have the following rights:
You may make a request to access, correct, or delete your Personal Information or otherwise object to Our processing of such Personal Information by contacting Us directly. We will respond to reasonable requests in accordance with applicable laws, and subject to legal and contractual restrictions. We will not discriminate against you for exercising these rights.
There may be times where We cannot grant you access to the Personal Information We hold. For example, if such disclosure would interfere with the privacy of others or if it would result in a breach of confidentiality. In these cases, We will provide written explanation for Our refusal to grant access.
California and Washington residents, please see Our respective Addendums to further understand your rights.
Addendum: California Residents Privacy Notice
Last updated December 4, 2023
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.
The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), defines “Personal Information” as information that identifies, relates to, or could reasonably be linked with you or your household.
Please note that We may process Personal Information of Our customers’ end users or employees in connection with Our provision of certain services to Our customers. If We are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data.
We collect Personal Information as defined by the California Consumer Privacy Act. See the chart below for categories of Personal Information from Our California consumers:
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
|A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories
|C. Protected classification characteristics under California or federal law
|Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
|D. Commercial information.
|Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
|E. Biometric information
|Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data
|F. Internet or other similar network activity
|Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement
|G. Geolocation data
|Physical location or movements
|H. Sensory data
|Audio, electronic, visual, thermal, olfactory, or similar information
|I. Professional or employment-related information
|Current or past job history or performance evaluations
|J. Nonpublic education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))
|Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
|K. Inferences drawn from other Personal Information
|Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
The CPRA’s definition of “sensitive personal information” includes the following types of information:
California residents have the right to limit the use of sensitive personal information in some circumstances. QOL only collects sensitive personal information, as defined by applicable California law, with your consent and only uses the sensitive personal information for the use disclosed at the time of collection. QOL does not use sensitive personal information for inferring characteristics about you. QOL will only use your sensitive personal information to provide you with the services you requested. QOL does not share your sensitive personal information with third parties.
You can find a list of the categories and specific types of sensitive personal information that We collect in the chart above. We only collect and use sensitive personal information to provide you with products and services.
We disclose your Personal Information for a business purpose to the following categories of third parties:
By law if you are a resident of California, you have the following rights:
To exercise the rights described above, you or your Authorized Agent (defined below) may make a request that (1) provides sufficient information to allow Us to verify that you are the person about whom We have collected Personal Information, and (2) describes your request in sufficient detail to allow Us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a valid request (“Valid Request”). We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
You may submit a Valid Request by email ([email protected]) or toll-free telephone call (1-866-469-3773 Ext. 1067).
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If We determine that your Valid Request warrants a fee, We will notify you of the fee and explain that decision before completing your request.
You may also authorize an agent (“Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and We may request a copy of this.
We may sell or share Personal Information when the Service Providers We partner with (for example, Our advertising partners) use technology on the Site in a way deemed a "sale" of Personal Information as defined by the California Consumer Privacy Act (CCPA). “Sale” and “sharing” includes only disclosures that are defined as a “sale” or “sharing” by the CCPA.
If you wish to opt out of the use of your Personal Information for interest-based advertising purposes and these potential sales as defined under the CCPA, you may do so by following the instructions below.
You can opt out of the sale or sharing of your Personal Information by following Our instructions presented on the Site at Our "Do Not Sell/Share My Personal Information" link. If you submit a request through this link, you will be opted out of any sale or sharing of Personal Information.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
Global Privacy Control (“GPC”)
You may also opt out of the sale or sharing of your Personal Information by GPC signals. When you visit Our Site with a GPC signal active, you will be informing Us through the GPC signal that you opt out of the sale or sharing of your Personal Information. You will need to activate your GPC signal for each supported browser or browser extension you use.
Our Service does not respond to Do Not Track (“DNT”) signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with Us can request information once a year about sharing their Personal Information with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided in this Addendum.
California Business and Professions Code section 22581 allow California residents under the age of 18 years who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, you can contact Us using the contact information provided in this Policy and include the email address associated with your account.
Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Addendum: Washington State Residents Rights Under the
My Health My Data Act (“MHMDA”)
Effective June 30, 2024
If you are a Washington resident, this addendum applies to you and you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.
“Consumer Health Data” is used in this addendum as it is defined in the Washington My Health My Data Act (MHMDA). It generally includes any information that is linked or reasonably linkable to a Washington resident and that identifies that individual’s past, present, or future physical or mental health status. Excluded from Consumer Health Data are certain types of health information, such as when We must collect, use and disclose health information to meet Our regulatory obligations or as part of a clinical trial. We do not collect, share, or sell Consumer Health Data unless We have your consent. We also do not use “geofencing” technology where prohibited by the MHMDA.
See the chart below for categories of Consumer Health Data We may collect and process about you, if you give Us your consent.
|Category of Consumer Health Data
|Purpose for Processing Data
|Source of Information
|Individual health conditions, treatment, diseases, or diagnosis
|For patients who both are prescribed QOL products by their doctor and enroll in a QOL patient assistance program, (1) help address issues patient may incur in the prescription process; (2) provide patient and healthcare providers with educational materials, dietary information, and/or peer consultation; (3) conduct healthcare marketing activities, including those for which Optum Frontier Therapies or QOL receives compensation; (4) conduct clinical assessments regarding symptoms, therapeutic response to QOL product(s), and manner and adherence to treatment regimens; (5) determine potential qualification for patient assistance programs; (6) carry out any other purpose required or permitted by law; and (7) to contact patient for additional information if needed
|Patient, patient’s guardian, or patient’s healthcare provider
|Optum Frontier Therapeutics
|Health-related surgeries or procedures
|Use or purchase of prescribed medication
|Bodily functions, vital signs, symptoms
|Diagnoses or diagnostic testing, treatment, or medication
|Precise location information that could reasonably indicate a consumer's attempt to acquire or receive health services or supplies
|Data that identifies a consumer seeking healthcare services
|Provide to consumer via email newsletter or information requested by consumer
|Consumer or consumer’s guardian
As a resident of Washington, you have the right to:
You may request that QOL take the actions outlined above in paragraphs to exercise your rights under MHMDA by submitting a request, at any time, to QOL. QOL must respond within forty-five (45) days unless an extension is requested (for up to forty-five (45) additional days).