Privacy Policy

Effective date: July 13, 2021

Introduction

This Privacy Policy (“Policy”) describes QOL Medical policies on the collection, use and disclosure of Personal Information when you use the QOL Medical website(s) (“Site”). Some of the information we collect when you visit or use this Site may be Personal Information as defined below. QOL Medical understands the importance of privacy to our customers, visitors, suppliers, business partners, employees and other individuals (also: “you” or the “user” or the “participant” or “data subject”). We are committed to protecting and respecting your privacy.

QOL Medical (referred to as either “QOL”, “We”, “Us” or “Our” in this Agreement) refers to QOL Medical, located at 3405 Ocean Dr., Vero Beach, FL 32963.

This Policy applies only to information collected through the website on which it is posted. It does not apply to third-party platforms or other QOL Medical-operated platforms on which it is not posted. It also does not apply to information collected through other channels, such as by phone or in person, or as part of a clinical study.

If you visit this Site, we may collect, use, disclose, and transfer Personal Information as described in this Policy (and any Privacy Notices that apply to you). If you have questions about this Policy, or any Privacy Notice, please contact us using the information provided below.

As applicable, Site users should review the State Privacy Notice Addendums for more detailed information about their privacy rights.

If you have a disability, you may request access to this Policy in an alternative format by contacting info@qolmed.com.

Your Consent

By using this Site, you are consenting to the collection, use, disclosure, and transfer of your 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 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 information provided below.

Complete agreement

This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.

Except as written in any other disclaimers, policies, or other notices on this Site, this Policy and the Terms of Use are the complete agreement between you and QOL Medical with respect to your use of this Site. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. There may be additional terms that apply to particular materials on or sections of this Site.

What is Personal Information?

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.

Changes to this Policy

QOL Medical 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.

Your use of this Site following any such change constitutes your agreement that all information collected from or about you after the revised Policy is posted will be subject to the terms of the revised Policy. You may access the current version of this Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of each page of the public areas of this Site.

Information We Collect

Personal Information You Manually Provide

QOL Medical 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 e-mail), or otherwise interact with this Site. Some of the information you may choose to manually provide will be Personal Information including but not limited to:

• Contact data: such as name, title, address, phone number, mailing address, and email.
• Other identifiers: such as device ID or serial number, various types of personal health information (e.g., health insurance information, medical information, and the like), online identifiers, and other similar identifiers.
• Communication data submitted by you: such as questions and feedback.
• Demographic data: such as language, age, and gender.
• Marketing preferences: such as e-mail subscription and frequency preferences.

Information Automatically Collected

QOL Medical collects information that is sent to us automatically by your web browser or mobile device. This information includes but is not limited to:

• Product use and application data (including date and time of your visit)
• IP address
• The browser you are using (including name and version)
• Your location and other geographic data
• The website you came from and the website you visit after leaving
• Pages viewed on the Site
• Links clicked on the Site
• Time spent on a particular page of the Site or the Site as a whole
• Site data used to facilitate the use of the Site such as login and technical data

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 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.

We may use “cookies” and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

• Collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page
• Support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits
• Personalize your experience when you use this Site; and
• Improve our marketing efforts, including through use of targeted advertising.

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.

We may use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

• Type: Session Cookies
• Administered by: Us
• Purpose: These Cookies are essential to provide You with services available through the Site and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies identify if users have accepted the use of cookies on the Site.

Functionality Cookies

• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies allow us to remember choices You make when You use the Site, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Site.

Tracking and Performance Cookies

• Type: Persistent Cookies
• Administered by: Third Parties
• Purpose: These Cookies are used to track information about traffic to the Site and how users use the Site. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Site. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Site to see how our users react to them.

Information Collected by Third-Party Cookies

In addition to the cookies QOL Medical 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 the 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 from each device and browser.

How We Use Your Information

We may use the information we collect through this Site to provide you with access to the Site. Additionally, we may keep and use your information to:

• respond to your requests.
• personalize your access to our Site.
• develop records (including records of your Personal Information).
• contact you with pertinent information about products, clinical studies, or important safety information, and about products and services of ours and of others.
• evaluate your eligibility or interest to enroll in clinical studies.
• perform analysis, research, develop, and improve programs, products, services, and content.
• remove your personal identifiers. Once we have de-identified information so that it is considered non-Personal Information, we may treat it like other non-Personal Information.
• enforce this Policy and other rules about your use of this Site.
• protect someone’s health, safety, or welfare.
• protect our rights or property.
• comply with a law or regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

How We Share Your Information

QOL Medical will not share Personal Information about you collected from this website with an unrelated third party 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 information collected through this Site with third-party vendors who act on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys and clinical studies; 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 information about you to perform their functions on our behalf. In these cases, we will require our third-party service providers and 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 which can be matched by social media service vendors 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 information may be transferred to 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 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 information through our Site to see if you qualify to participate in a clinical study, we may share your information with business partners or potential study center(s) so that they may contact you to see 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 personally identifiable information received through our Site to the intended purposes.

In Aggregate or De-Identified 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 so they can better understand our user base. We may also share with third parties information about how particular individuals use this Site, but only on a de-identified 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 de-identified data without restriction.

Business Partners

In the ordinary course of business, we share some information collected through this Site with business partners such as clinical study sites or health care providers. For example, we may share information with a clinical study site if you provide us with information indicating your interest in a clinical study. We may also share information with health care 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 information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your 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 information as described in any Privacy Notice posted on a page of this Site where you provide that information. By providing your information on that page you will be consenting to the disclosure of your information as described in that privacy notice. We also reserve the right to disclose your information as described in any click–through agreement to which you have agreed.

Other Privacy Notice, Consent, or Agreement

This Policy may be supplemented or amended from time to time by additional privacy notices (“Privacy Notices”), provided at the time we collect your information. For example, certain pages of this Site may contain Privacy Notices providing more details about the information we collect on those particular pages, why we need that information, and choices you may have about the ways we use that information. 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 disclose your information as described in any Privacy Notice posted on a page of this Site where you provide that information or in accordance with any consent or authorization you otherwise provide.

How We Protect your Information

QOL Medical 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 information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.

Transfer and Storage of your Personal Data

QOL primarily processes Personal Information in the US. Accordingly, we may store, collect, transfer and process your Personal Information in a country other than your country of residence. The data protection and other laws of countries to which your information may be transferred may be different in your country. By using this Site or otherwise providing your Personal Information, you agree to any transfer, storage, or processing.

Retention of Your Information

QOL Medical retains the Personal Information collected on this Site to meet our business purposes, legal obligations, and as permitted or required by applicable law.

Children’s Privacy

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. If you believe we have collected Personal Information from a child under the age of 16, please contact us.

Marketing E-mail Opt-out

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.

Links to Other Websites

This Site may also contain links to websites that are not operated by or on behalf of QOL Medical or its affiliates. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. QOL Medical does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any Personal Information.

Contact Us

If you have any questions regarding this Privacy Policy or about our privacy practices, or need to contact us for purposes related to this Policy, please contact us at info@qolmed.com.

State Privacy Notice Addendums

Addendum: California Residents Privacy Notice

Effective July 13, 2021

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) 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.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us via the contact information provided below.

Categories of Personal Information we collect and share

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:

• Collected within the last twelve (12) months from the sources listed in the Privacy Policy.
• Shared within the last twelve (12) months with the third parties described in our Privacy Policy.

The examples provided above come from the CCPA and other statutes, as noted. They are reproduced here for your convenience to help you understand the types of information that are considered within each category. It is not meant to imply that we collect all such information listed in the examples. We only collect the specific pieces of Personal Information described in our Privacy Policy (defined as “Personal Data”).

Use of personal information

We may use or disclose the Personal Information we collect for business or commercial purposes as described in the Privacy Policy.

Sharing your personal information

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Third-party vendors and service providers as described in our Privacy Policy;
• All other third parties described in our Privacy Policy.

We may share your Personal Information. You have the right to opt-out of sharing or selling of your Personal Information.

Your rights

By law if you are a resident of California, you have the following rights:

• The right to notice. You must be properly notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
• The right to access / the right to request. You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In response, we will provide you with the following information:
  • The categories of Personal Information that we have collected about you.
  • 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 to any third parties for a business purpose over the past twelve (12) months, we will identify the categories of Personal Information shared with each category of third-party recipient. If we have sold your Personal Information over the past twelve (12) months, we will identify the categories of Personal Information sold to each category of third-party recipient.

• We may share or sell your Personal Information (as the term “sale” is defined in the CCPA). You have the right to opt-out of sale of your Personal Information.
• The right to know about your Personal Information. You have the right to request and obtain from us information regarding the disclosure of the following:
  • The categories of Personal Information collected
  • The sources from which the Personal Information was collected
  • The business or commercial purpose for collecting or selling the Personal Information
  • Categories of third parties with whom we share Personal Information
  • The specific pieces of Personal Information we collected about you
• The right to delete Personal Information. You have the right to request that we delete the Personal Information that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the Site or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
• The right not to be discriminated against. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Site as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.

Exercising your 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.” 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 e-mail (legal@qolmed.com) 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 (an “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.

Do Not Sell or Share My Personal Information

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.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track 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.

California’s Shine the Light law

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.