Caducian, LLC (“Caducian”) respects the privacy of others. This Privacy Policy explains Caducian’s privacy practices for the Caducian website located at www.caducian.com (together with its pages and features, “Site”) and mobile software application (together with its pages and features, “App”) by providing you and any person helping you visit, access, register with or use the Site and/or the App (collectively, “you” or “your”) with an overview of the following:
THIS PRIVACY POLICY APPLIES TO INFORMATION COLLECTED THROUGH THE PLATFORM. PLEASE CAREFULLY READ THIS PRIVACY POLICY IN ITS ENTIRETY.
WHEN YOU CREATE, REGISTER OR LOG INTO AN ACCOUNT THROUGH THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE PLATFORM’S TERMS AND CONDITIONS.
SIMILARLY, BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS, OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE.
As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Caducian may collect from you, including anonymized or de-identified data.
Caducian may collect personal and non-personal information about you through the Platform and/or any electronic medical record platforms lawfully accessed and used by Caducian. The following is a list of the various categories of such information that may be collected about you:
Caducian might collect personal and non-personal information from you when you visit, access or use the Platform; when you register with or subscribe to the Platform; when you register for or subscribe to the products and/or services of Caducian online through the Platform; when you “sign in,” “log in,” or the like to the Platform; when you allow the Platform to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Platform) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever Caducian asks you for such information, such as, for example, when you process a payment through the Platform, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends Caducian a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Platform, then Caducian may collect any personal or non-personal information provided therein or therewith.
Finally, Caducian might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.
By visiting, accessing or using the Platform, you acknowledge and agree in each instance that you are giving Caducian permission to monitor or otherwise track your activities on the Platform, and that Caducian may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
Caducian is not a “covered entity” as defined in the federal medical record privacy statute known as the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations issued under that law (“HIPAA”). Thus, Caducian has no direct HIPAA obligations to you.
Certain of Caducian’s clients are “covered entities” under HIPAA, and with respect to those clients, Caducian will be considered a “business associate” under HIPAA; however, with respect to other clients who are not subject to HIPAA, Caducian will not be a “business associate.” Therefore, even though your personal information contains medical information that is the type of information commonly protected under HIPAA, it may not be subject to any of the protections available to you under HIPAA. Where Caducian is a “business associate” under HIPAA, Caducian will provide the level of data privacy and security with respect to your medical information consistent with what is required of business associates under HIPAA, and consistent with any “business associate agreement” Caducian enters into with its HIPAA-covered-entity clients. In any case, HIPAA is not directly applicable to our relationship with you.
Caducian is not subject to regulation under the California Consumer Privacy Act of 2018 (“CCPA”), the Colorado Consumer Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Delaware Personal Data Privacy Act, the Florida Digital Bill of Rights, the Iowa Consumer Data Protection Act, Oregon’s Consumer Privacy Act, the Maryland Online Data Privacy Act, the Montana Consumer Data Privacy Act, the Nebraska Data Privacy Act, the Utah Consumer Privacy Act (“UCPA”), the Texas Data Privacy and Security Act (“TDPSA”), the Virginia Consumer Data Protection Act (“VCDPA”) (collectively “State Data Privacy Laws”) and other state data privacy laws that may be implemented for states in which we do not operate or do business. Therefore, even if you are a resident of California, Colorado, Connecticut, Delaware, Florida, Iowa, Oregon, Maryland, Montana, Nebraska, Texas, Utah or Virginia and we may have personal information about you that is the type of information subject to the State Data Privacy Laws, the State Data Privacy Laws are not applicable to Caducian or to our relationship with you.
Caducian reserves the right to share your personal information with Caducian’s employees, agents, administrators, accountants, financial advisors and legal advisors; with Caducian’s employed or contracted doctors, nurses and other providers, along with non-Caducian providers who might also provide you with health or healthcare-related services; with pharmacies or other vendors that may fill your prescription drugs or other product orders; and with those third parties who help manage, administer, distribute and/or operate the Platform, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services.
In certain cases, Caducian may be required to disclose personal information to investigate, prevent, or take action concerning: (a) legal requests; (b) the enforcement of the Terms and Conditions of the Platform; (c) the protection of our rights, property, or personal safety or the rights, property, or personal safety of our users and the public; (d) our exercise of legal rights; and (e) any other disclosure required by law.
Caducian does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, Caducian may freely share non-personal information with its affiliates, suppliers and representatives, as well as with other individuals, businesses, and government entities.
You may choose to share certain information and/or follow other users on the Platform. You may choose to share your contact information with other users or provide it publicly.
Caducian may retain your personal information and non-personal 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 Platform and/or Caducian. Caducian may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by Caducian or as required by law. Notwithstanding the foregoing and for the avoidance of doubt, Caducian may not retain your personal information and non-personal information to any extent longer than permitted by applicable law (including, without limitation, any requirements to destroy personal information and/or non-personal information after a reasonable period following the time that any such information is no longer needed for a business purpose under the SHIELD Act or any other applicable federal or state law).
In connection with any transaction that you conduct through the Platform (e.g., the payment of any subscription fees, the purchase or sale of any products on or through the Platform), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Caducian, without charge, the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Platform, and sellers on the Platform) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application(s) accessible through the Platform. This online payment processing application(s) is provided by Caducian’s third-party online payment processing vendor (the “PSP”). Additional information about the PSP, its privacy policy, and its information security measures (collectively, the “PSP Policies”) should be available on the PSP website or by contacting the PSP directly. Reference is made to the PSP Policies for informational purposes only and they are in no way incorporated into or made a part of this Privacy Policy. Caducian’s relationship with the PSP, if any, is merely contractual in nature, as PSP is nothing more than a third-party vendor to Caducian, and is in no way subject to Caducian’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
The Platform and/or any communications sent through or as a function of the Platform may contain links to third-party websites, networks, platforms, servers and/or applications. To THE FULLEST EXTENT PERMITTED BY LAW, CADUCIAN IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE CADUCIAN FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS).
You may have the opportunity to access the Platform using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications. Caducian may also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).IT IS YOUR RESPONSIBILITY TO CAREFULLY READ, ACCEPT AND COMPLY WITH THE RELEVANT TERMS OF USE, WAIVERS, AND PRIVACY POLICIES ASSOCIATED WITH THOSE THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS.
Caducian implements security measures to help protect the personal information it collects through the Platform. To the extent applicable, Caducian may also encrypt the transmission of information through the Platform by using secure socket layer (SSL) technology.
REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE PLATFORM, AND YOUR OPENING OF ANY COMMUNICATIONS SENT THROUGH OR AS A FUNCTION OF THE PLATFORM, ARE DONE AT YOUR OWN RISK.
To help maintain the security of your personal information, Caducian asks that you please notify it immediately of any unauthorized visit, access or use of the Platform, or the loss or unauthorized use of your user access information for the Platform (e.g., username or password).
You may request at any time that Caducian provide you with an opportunity to review and change your personal information collected through the Platform or to no longer use your personal information to provide you with any products or services, including email or other written marketing by Caducian. Please submit any such request (a “Request Concerning Personal Information”) to Caducian via email to team@caducian.com, with a subject line of “Your Personal Information.” For each Request Concerning Personal Information, please clearly state the following:
Caducian will not accept a Request Concerning Personal Information via telephone or facsimile. Caducian is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.
Notwithstanding the above, please note that we may still need to retain personal information necessary to provide you with products or services that you have purchased. If we decline to act on your request under this section, you may appeal that decision by sending an email explaining the basis for your disagreement with that decision to team@caducian.com with a subject line of “Appeal of Denial of Privacy Request.”
You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
If you are a resident of the State of California and Caducian has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time: (a) information from Caducian, free of charge, regarding the manner in which Caducian shares certain personal information collected through the Platform with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of Caducian’s sharing of such information with such third parties. Please submit any such request (a “California Privacy Rights Request”) to Caducian via email to team@caducian.com with a subject line of “Your California Privacy Rights”. Please clearly state the following in your email:
Caducian will not accept a California Privacy Rights Request via telephone or fax. Caducian is not responsible for a California Privacy Rights Request 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.
Further, Caducian does not respond to “do not track” (DNT) signals.
Finally, as explained further above, Caducian does not authorize third parties to collect your personal information when you use the Platform, except as expressly stated in this Privacy Policy. To the fullest extent permitted by law, Caducian is not responsible for, and you hereby release Caducian from any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.
Caducian and the Platform are operated in the United States. Please be aware that your personal information may be transferred to, processed, maintained and used on computers, servers and systems located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside of the United States and choose to use the Platform, you do so at your own risk.
CADUCIAN MAY SUPPLEMENT, AMEND, OR OTHERWISE MODIFY THIS PRIVACY POLICY AT ANY TIME WITHOUT NOTICE TO YOU WHERE ALLOWED BY LAW. SUCH SUPPLEMENTS, AMENDMENTS, AND OTHER MODIFICATIONS WILL BE POSTED ON THIS OR A SIMILAR PAGE OF THE PLATFORM AND SHALL BE DEEMED EFFECTIVE AS OF THEIR STATED EFFECTIVE OR MODIFICATION DATES. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THIS PRIVACY POLICY EACH TIME YOU VISIT, ACCESS, OR USE THE PLATFORM.
BY VISITING, ACCESSING OR USING THE PLATFORM, YOU ARE AUTOMATICALLY ACCEPTING AND AGREEING TO THE MOST RECENT VERSION OF THIS PRIVACY POLICY, AS WELL AS THE MOST RECENT VERSION OF THE PLATFORM’S TERMS AND CONDITIONS, AND YOUR CONTINUING VISIT, ACCESS OR USE OF THE PLATFORM REAFFIRMS YOUR ACCEPTANCE AND AGREEMENT IN EACH INSTANCE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The Platform is a general audience digital platform intended for use by adults. The Platform is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Caducian does not collect personal information through the Platform from any person it actually knows to be under thirteen (13) years of age. If Caducian obtains actual knowledge that it has collected personal information through the Platform from a person under thirteen (13) years of age, then it 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 Caducian remove content or information about you that is posted on the Platform by contacting us through the methods set forth in the “Contact Us” provision in Section 18, below.
PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON THE PLATFORM.Also, please note that Caducian is not required to erase or otherwise eliminate, or to 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 Caducian to maintain the content or information; when the content or information is stored on or posted to the Platform 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 Caducian 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 Caducian’s voluntary practices concerning the collection of personal information through the Platform from certain minors, and is not intended to be an admission that Caducian 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.
If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.
