SECTION A: Uses and Disclosures of Protected Health Information

1.Under applicable law, we are required to protect the privacy of your individual health information (information we refer to in this notice as “Protected Health Information”). We are also required to provide you with this Notice regarding our policies and procedures regarding your Protected Health Information and to abide by the terms of this notice, as it may be updated from time to time.

• We are permitted to make certain types of uses and disclosures under applicable law for treatment, payment, and healthcare operations purposes. We may obtain information to dispense prescriptions and for the documentation of pertinent information in your records that may assist us in managing your medication therapy or your overall health. For treatment purposes, such use and disclosure will take place in providing, coordinating, or managing healthcare and its related services by one or more of your providers, such as when your pharmacist consults with your physician or a specialist regarding your medications, treatment or condition.
• For payment purposes, such use and disclosure will take place to obtain or provide reimbursement for providing pharmaceutical care services, such as when your case is reviewed to ensure that appropriate care was rendered. For reimbursement purposes, your Protected Health Information may be disclosed to one or several intermediaries employed by your plan sponsor including but not limited to insurers, pharmacy benefits managers, claims administrators and computer switching companies.
• For healthcare operations purposes, such use and disclosure will take place in a number of ways, including for quality assessment and improvement; provider review and training; underwriting activities; reviews and compliance activities; and planning, development, management and administration. Your information could be used, for example, to assist in the evaluation of the quality of care that you were provided.
• We store some of your Protected Health Information in electronic computer files. We backup our electronic records daily, and employ other precautions to safeguard the integrity of your Protected Health Information. In spite of these precautions it is possible but unlikely that a computer crash or other technological failure could cause the loss of data. In addition reasonable safeguards are employed to protect your Protected Health Information stored on electronic media.
• In addition, we may contact you to provide refill reminders, health screenings, wellness events, inoculations, vaccinations or information about treatment alternatives or other health-related benefits and services that may be of interest to you.. In addition, we may disclose your health information to your plan sponsor. In addition we may contact you for the purpose of fund raising activities.
• We may use and disclose your Protected Health Information, without your authorization when the pharmacy needs to contact a physician or physician’s staff and is permitted or required to do so without individual written authorization. We may use and disclose your Protected Health Information if we are contacted by another pharmacy who states they have your request and consent to transfer pharmacy records to them.
• From time to time we may employ the services of business associates who may assist us in one or more tasks and who may use, change or create Protected Health Information. Business associates are required to comply with all the privacy regulations on your behalf.
• We may disclose Protected Health Information about you without your authorization to comply with workers compensation laws, as required by law enforcement, legal proceedings, public health requirements, health oversight activities and as required by law.
• Other uses and disclosures will be made only with your written authorization, and you may revoke your authorization by notifying us as described in Section B.

2.You may ask us to restrict uses and disclosures of your Protected Health Information to carry out treatment, payment, or healthcare operations, or to restrict uses and disclosures to family members, relatives, friends, or other persons identified by you who are involved in your care or payment for your care. However, we are not required to agree to your request.

Carmel Valley Pharmacy Privacy Policy for SMS Messaging

Effective Date: Immediately

Introduction
At Carmel Valley Pharmacy, your privacy is critically important to us. This Privacy Policy explains how we collect, use, and protect your personal information when you opt into our SMS messaging program. By opting into our SMS service, you agree to the terms outlined below, which are in compliance with the latest 2024 regulations under the Telephone Consumer Protection Act (TCPA) and the Campaign Registry guidelines.

1. Information We Collect
When you opt-in to receive SMS messages from us, we collect the following information:

• Phone Number: The mobile number provided during the opt-in process.
• Message Interaction Data: Includes information such as delivery status, response data, and message engagement rates.
• Consent Data: We maintain records of when and how you provided consent to receive SMS messages, including the method of opt-in (e.g., web form, keyword, or verbal consent).

2. How We Use Your Information
We use your information to:

• Send text messages based on the preferences you indicated when opting in, such as promotional offers, updates, or alerts.
• Ensure compliance with federal regulations, including the TCPA.
• Monitor and improve our SMS services by tracking engagement metrics.
  Your information will only be used for the purpose specified at the time of opt-in and will not be used to send unrelated messages.

3. One-to-One Consent Requirement
In line with FCC regulations (March 2024), your SMS opt-in applies to communications from Carmel Valley Pharmacy only. Your consent to receive SMS messages is specific to our company and does not extend to third-party businesses or affiliates unless explicitly stated and separately agreed upon.

4. Message Frequency and Data Rates
The SMS message frequency will vary. Please note that message and data rates may apply depending on your mobile carrier and plan. We encourage you to review your carrier’s terms for more details on messaging fees.

5. Opt-Out Instructions
You can opt out of our SMS service at any time by replying with “STOP” to any message you receive from us. Once you opt out, you will immediately cease receiving further messages unless you opt back in. For help, you can reply with “HELP” or contact us directly at CarmelValleyRX@Yahoo.com or 1-858-481-4990.

6. Data Sharing and Disclosure
We will never share or sell your information to third parties for marketing purposes without your explicit consent. We may, however, share your information with trusted third-party service providers for the purpose of facilitating SMS delivery (e.g., telecommunications providers). All such parties are bound by strict confidentiality agreements and are prohibited from using your data for any purpose other than SMS delivery.

In compliance with Do Not Call (DNC) Registry regulations (2024), you have the right to register your number with the National DNC Registry. If you are on the DNC Registry, we will not send you promotional SMS messages unless you have provided express consent to do so.

7. Security of Your Information
We take reasonable measures to protect the information you provide from unauthorized access, disclosure, or misuse. However, no system is completely secure, and we cannot guarantee the absolute security of your data during transmission or storage.

8. Record-Keeping and Proof of Consent
As required by the TCPA and Campaign Registry guidelines, we maintain records of all opt-ins and opt-outs, including timestamps and the method of consent. These records are kept securely and may be used to demonstrate compliance with regulatory requirements if needed.

9. Changes to This Policy
We reserve the right to update or modify this Privacy Policy at any time. Any significant changes will be communicated via SMS or on our website. Continued use of our SMS service after any changes indicates your acceptance of the revised policy. Please check back periodically to stay informed of any updates.

10. Contact Us
If you have any questions about this Privacy Policy or wish to update your SMS preferences, you can contact us at:

• Email: CarmelValleyRX@Yahoo.com
• Phone: 1 (858) 481-4990
• Address: 12750 Carmel County Road, Suite A201,
  San Diego, CA 92130

Links:

• Terms and Conditions: [Insert Link]
• Privacy Policy: https://carmelvalleypharmacy.com/privacy-policy
• National Do Not Call Registry: https://www.donotcall.gov/

Key 2024 Compliance Elements:

• One-to-One Consent: Consumers are only giving consent to receive messages from the specific business they opt into, not from multiple parties

• Clear Disclosures: The policy includes clear language about the nature of the messages, frequency, potential charges, and opt-out mechanisms

• Do Not Call Protections: The policy reflects the latest FCC guidance that DNC protections apply to SMS, making it clear that businesses must adhere to DNC regulations

• Data Sharing and Record-Keeping: Emphasizes the importance of maintaining proof of consent and clear guidelines on how data is shared for operational purposes.

This updated Privacy Policy example aligns with current 2024 TCPA and FCC guidelines, ensuring your business remains compliant while fostering transparency with consumers.