Intro to
Data Use Policy

PopupCare™ is a membership-based care and coverage initiative. The Pharmacy Care Experience program is driven by our “Care Experience Team,” a group of pharmacists and community-centered pharmacies dedicated to answering your questions, providing your medicine, and removing the hurdles, worries, and frustrations of getting better.

We’d like to let you know what to expect when you provide your personal healthcare information to PopupCare™, part of the PopupRX family. This page describes the medical information PopupCare™ may request, collect, or store; how the information may be used or disclosed; and how you may access it. This notice is a HIPAA (Health Insurance Portability and Accountability Act of 1996) rule, plus we want you to feel confident and informed when using our services and website. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Popup RX is required to provide you with a “Notice of Privacy Practices”.

This notice describes what medical information about you Popup RX may request, collect, or store and how said information may be used or disclosed and how you may access it. Please review this notice carefully and print a copy of it for your records. You may request a paper copy of this notice any time by emailing: compliance@popupcare.com.

Most Helpful Sections

  • Health Information We May Collect About You
  • When, Why, and How We May Use or Disclose Your Health Information
  • Your Rights Regarding Your Health Information

HIPAA Overview

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a United States law that enforces the safety and confidentiality of your medical information. Its provisions safeguard Protected Health Information (PHI) and reinforce data privacy in the healthcare industry. All service providers, companies, and organizations that receive and store PHI are legally required to follow all applicable HIPAA guidelines.

Health Information We May Collect About You

We collect several pieces of Protected Health Information (PHI) and other health information in order to improve the effectiveness of our services and the services of our partners, subsidiaries, and affiliates. This information may include but is not limited to:

  • DOB
  • Gender
  • Physician
  • Emergency contact
  • Allergies
  • Medications
  • Medical conditions

POPUPCARE WILL NOT SELL OR RENT ANY OF YOUR DATA TO OTHER ORGANIZATIONS, INDIVIDUALS, OR THIRD PARTIES

How We Collect this Health Information

We may collect this information in one of two ways:

  • Information You Provide to Us: Throughout your usage of our services, you will be asked to provide varying pieces of healthcare-related information. This can come in the form of account creation forms, diagnostic questions, medical requests, prescription searches and logging, and other site- related tasks and activities where you will be asked for your personal health information. You may, at any time, opt to not provide us such information, though doing so may limit our ability to provide you the best experience possible.
  • Information Gathered From Outside Sources: We may also collect data from sources within our group (subsidiaries, affiliates, and partners) whose services, sites, and applications you have used to log your information previously. Additionally, you may choose to give us access to your health information and records when it’s applicable to receiving certain services. As before, you could opt to not allow us access to this information but it will likely affect our ability to provide you with the experience you intended and desired.

When, Why and How We May Use or Disclose Your Health Information

  • We May Use Your Information To:

    • File, fill, and bill for prescriptions and other services

    • Catalog an internal medical record regarding your usage of our site and services

    • Improve the effectiveness of the services we provide to you

    • Tell you about health-related products or services that may be of interest to you

    • Fulfill your requested or intended services from our subsidiaries, affiliates, and partners (telemedicine, prescription pick up/processing, etc.)

    • Fulfill our role in treatment, payment, and other healthcare operations

    At times, we may use your medical information to let you know about additional services or products you may want to purchase. If we are to receive any type of compensation for your purchase of those services or products, we would request your prior written permission to contact you. The only exceptions for requesting prior permission are when our communication (i) describes only a drug or medication that is currently being prescribed for you and our payment for the communication is reasonable in amount of (ii) is made by one of our business partners consistent with our written agreement with the business partner.

  • We May Disclose Your Health Information in the Following Ways:

    • To a personal representative, a friend or family member who is directly involved in your medical care. We may also give information to someone who helps pay for your care.

    • If you are a registered organ donor, to organ procurement organizations or other entities engaged in procurement, banking, or transplantation of organs for the purpose of tissue donation or transplant.

    • To fulfill the purpose for which you provided the information or to share it with any entity or persons you have expressly permitted us to share your information with.

    • To our third-party service providers that provide services such as telemedicine and remote treatment, prescription logging and filling, and medical services billing

    • To transition business information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PopupRx’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PopupRx about our website or a PopupRx user is among the assets transferred.

    • To public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity.

    • In certain circumstances, to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.

    • To authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

    • To the extent necessary, to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.

    • To coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.

    • For those who are or were in the Armed Forces, for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits.

    • To federal officials for intelligence and national security purposes.

    • To prevent or lessen a serious and imminent threat to the health or safety of a person or the public.

    • To a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.

    • To uphold or comply with any new or existing legal obligations, including any legal requirements, provided by a registered court of law.

    • To comply with the needs or legal requests of any criminal investigations or activities of any federally recognized law enforcement organizations.

    • To uphold or otherwise comply with any other federal or state law, subpoena, or government request.

    • To fulfill any other purpose disclosed by us when you provide your information or grant us your consent.
  • We Must Have Your Signed Approval to Release the Following Types of Information

    • Use or Disclosure with Your Authorization. We must obtain your written authorization for most uses and disclosures of psychotherapy notes, uses and disclosures for marketing purposes, and disclosures that constitute the sale of your public health information (PHI). Additionally, other uses and disclosures of PHI not described in this Notice will be made only when you give us your permission on an authorization form. For instance, we will ask you to complete and sign an authorization form before we can send your PHI to your life insurance company or to the attorney representing the other party in a lawsuit in which you are involved.

    • Uses and Disclosures of Your Highly Confidential Information. Federal and state law requires special privacy protections for certain highly confidential information about you. This highly confidential information may include the subset of your PHI that: (1) is maintained in psychotherapy notes; (2) is about mental health and developmental disabilities services; (3) is about alcohol and drug abuse prevention, treatment and referral; (4) is about HIV/AIDS testing, diagnosis or treatment; (5) is about sexually-transmitted disease(s); (6) is about genetic testing; (7) is about child abuse and neglect; (8) is about domestic abuse of an adult with a disability; or (9) is about sexual assault. In order for us to disclose your highly confidential information for a purpose other than those required by law, we must have Your Authorization.

    • Revocation of Your Authorization. You may withdraw (revoke) your authorization except to the extent that we have already taken action on it, by delivering a written statement to the privacy officer identified below. A template for revocation is available upon request from the privacy officer.

      Email: compliance@popupcare.com
      Postal Address: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345, Austin, TX 78746 Attn: Compliance

    Your Rights Regarding Your Health Information

    • Confidential Communication: You have the right to receive confidential communications containing your public health information (PHI). You may request that PopupRx communicate with you through alternate means or at an alternate location, and PopupRx will take all reasonable measures to accommodate your requests. You must submit your request in writing to PopupCare™ Attn: Compliance 3267 Bee Cave Rd #107-345 Austin, TX 78746.

    • Restrictions: You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that PopupRx restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to PopupRx at the following address: PopupCare™ Attn: Compliance 3267 Bee Cave Rd #107-345 Austin, TX 78746. We will attempt to honor your requests if they are not in conflict with other aspects of the policies stated here. If PopupRx is able to comply with your request, it will be bound by such agreement except when otherwise required by law or in the event of an emergency.

    • Inspection and Copies: You have the right to inspect and copy your PHI. You must submit your request in writing to PopupRx at: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345 Austin, TX 78746. We may pass on to you the costs of copying, mailing, labor and supplies associated with your request. PopupRx may have to deny your request to inspect and/or copy your PHI in certain limited circumstances, but if that occurs, we will inform you of the reason for the denial and you may appeal the denial.

    • Amendment: You have a right to request that we amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by PopupRx. You must submit your request in writing to PopupRx and provide a reason to support the requested amendment. Your request should be sent to: PopupRx at: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345 Austin, TX 78746. We may, under certain circumstances, have to deny your request. If we deny your request, you will be sent a written notice and will be permitted to submit a statement of disagreement for inclusion in your records.

    • Accounting of Disclosures: You have a right to receive an accounting of all disclosures PopupRx has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to PopupRx and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Send your request to: PopupRx at: PopupCare™ Attn: Complaince 3267 Bee Cave Road #107-345 Austin, TX 78746. Your first accounting will be free of charge. However, we may charge you for the costs involved in fulfilling any additional requests made within a period of 12 months. We will inform you of such costs in advance, so that you may elect to withdraw or modify your request.

    • Breach Notification: You have the right to be notified if in the event that PopupRx (or a Popup RX Business Associate) discovers a breach of unsecured PHI.

    • Paper Copy: You have the right to obtain a paper copy of this notice from PopupRx at any time upon request. To obtain a paper copy of this notice, please contact PopupRx:

    • Email: compliance@popupcare.com
      Postal Address: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345, Austin, TX 78746

    • Complaint: You may complain to Popup RX and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with PopupRx, you must submit a statement in writing to:

    • Email: compliance@popupcare.com
      Postal Address: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345, Austin, TX 78746
      PopupRx will not retaliate against you for filing a complaint.

    • Further Information: If you would like more information about your privacy rights, you are required to send a written request to PopupRx to exercise any right described in this Notice, you must submit your request to:

    • Email: compliance@popupcare.com
      Postal Address: PopupCare™ Attn: Compliance 3267 Bee Cave Road #107-345, Austin, TX 78746

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