DuckyMD Privacy & Personal Information Policy

Introduction

ScoreBlue, LLC. (DuckyMD, “DuckyMD” “we”, or “us”) owns and operates the websites located at www.DuckyMD.com and www.DuckyMD.com and may have previously, now or in the future own and/or operate a DuckyMD mobile application (collectively, the "Platform"). Your access and use of the Platform, and part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by DuckyMD, and any affiliated website, software or application owned or operated by DuckyMD (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the DuckyMD Terms and Conditions (“Terms and Conditions”).

We respect the privacy of users of the Service. This privacy policy (“Privacy Policy”) to provide transparency on how DuckyMD collects, uses and discloses information in order to provide you with the Service.

As with our Terms and Conditions, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the “Last Revised” date on our Privacy Policy. If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual’s behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.

No Use By Minors Permitted

Our Service is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request (“Request for Removal of Minor Information”) to either of the following:

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body of the request:

We will not accept any Request for Removal of Minor Information via telephone or facsimile. DuckyMD is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires DuckyMD to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when DuckyMD LLC anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of DuckyMD’ voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that DuckyMD is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

HIPAA / Protected Health Information

When you set up an account with DuckyMD, you are creating a direct customer relationship with DuckyMD that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to DuckyMD, including but not limited to, your name, email address, shipping address and phone number, that we do not consider to be “protected health information” or “medical information”.

However, in using certain components of the Service, you may also provide certain protected health or medical information that may be protected under applicable laws. DuckyMD is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Medical Groups (as defined in our Terms and Conditions may or may not be a “covered entity” or “business associate” under HIPAA, and DuckyMD may in some cases be a “business associate” of a Pharmacy or Medical Group. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with DuckyMD, the Medical Groups, the Providers or the Pharmacies. To the extent DuckyMD is deemed a “business associate” however, and solely in its role as a business associate, DuckyMD, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group or the Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI,“Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

The Medical Groups and Providers have adopted a Notice of Privacy Practices & Patient Rights that describes how they use and disclose Protected Information and what your patients’ rights are. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices & Patient Rights from your Medical Group and Provider(s).

By accessing or using any part of the Service, you are agreeing that even if HIPAA does apply to DuckyMD, the Medical Groups, the Providers or the Pharmacies, any information that you submit to DuckyMD that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Collection and Use of Information Information Sharing and Disclosure Display Advertising Consent Security Data Retention

DuckyMD may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or DuckyMD. DuckyMD may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by DuckyMD or as required by law.

Jurisdictional Issues

The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection use, and disclosure of your information, is governed by U.S. law.

Third Parties

This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties, including, without limitation, the Medical Group or its Providers, the manufacturer of your mobile device, and any other third party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. We do not control and are not responsible for the privacy practices of these third parties. We encourage you to review the Medical Group’s Notice of Privacy Practices and the privacy policies of each website and application you visit and use.

Retention, Review, and Change of Information Collected

You may request at any time that DuckyMD provide you with an opportunity to review and change your personal information (i.e., information that would allow someone to specifically identify you or contact you physically or online such as your name, physical address, telephone number, email address or SSN) collected through the Service or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to anyone of the following:

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

We will use reasonable efforts to deal with your request within a reasonable time. If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. DuckyMD will not accept a Request Concerning Personal Information via telephone or facsimile. DuckyMD is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

California Residents

Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, you should send a written request to support@DuckyMD.com with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.

Miscellaneous

We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.

When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications. We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy.

DuckyMD may supplement, amend, or otherwise modify this Privacy Policy at any time. Such supplements, amendments and other modifications will be posted on this or a similar page of the Service, and shall be deemed effective as of the “Last Updated” date; provided, however, that DuckyMD will notify you and/or require you to accept the updated Privacy Policy if the supplemented, amended or otherwise modified Privacy Policy implements material changes from DuckyMD’ then-current Privacy Policy. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Service.

Contacting Us

If you have questions or suggestions about this privacy policy or your own personal information, please e-mail us at support@DuckyMD.com or by regular mail at:

ScoreBlue, LLC,
9663 Santa Monica Blvd, Suite 647
Beverly Hills CA, 90212