Privacy Policy

Date of last revision: March 1, 2020

Introduction

This Privacy Policy (“Privacy Policy”) describes the types of information Ibbi Inc. DBA Rosy Cheeks and its affiliates, (collectively, “Rosy Cheeks,” “ibbi,” “we,” “our,” or “us”) may collect from you or that you may provide when you visit the websites located at www.myrosycheeks.com and our practices for collecting, using, maintaining, protecting, and disclosing that information.  This Privacy Policy is incorporated into our Terms of Use. All capitalized terms used in this Privacy Policy but not defined herein have the meanings assigned to them in the Terms of Use.  

This Privacy Policy does not apply to information collected by us offline or through any other means, including on any other website operated by Rosy Cheeks or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites or Apps.

Please read this Privacy Policy carefully. This Privacy Policy may change from time to time (see Revisions to Our Privacy Policy) and your use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

BY ACCESSING OR USING THE WEBSITE,  YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT THAT WE WILL COLLECT, USE, AND DISCLOSE YOUR INFORMATION AS SET FORTH IN THIS PRIVACY POLICY.  IF ANY TERM IN THIS PRIVACY POLICY IS UNACCEPTABLE TO YOU, PLEASE DO NOT USE THE WEBSITE OR PROVIDE ANY PERSONAL INFORMATION. 

Information we collect about you and how we collect it

We collect several types of information from and about users of our Websites and Apps, including information:

  • By which you may be personally identified, such as name, e-mail address, address, telephone number, sensitive medical or financial information, sexual orientation or behavior, country, or any other information collection on the Websites or Apps that is defined as personal data or personally identifiable information under an applicable law (“personal information”);

  • That is about you but individually does not identify you, such as whether you are a current user, product interests, or information related to your inquiry or request;

  • About your internet connection, the equipment you use to access our Websites or Apps, and usage details; and/or

  • About your medical condition, treatment options, physician referrals, prescriptions, and lab results, including protected health information (“PHI”) or other related health information.

We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the Websites.  Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From third parties intermediaries, for example, the physicians, medical professionals, and pharmacies with whom we partner to provide you with services.

Information You Give to Us.  The information we collect on or through our Website may include:

  • Information that you provide on our Website. This includes information provided when you sign up for our Services; when we process or respond to your inquiries related to requests for treatment, payment, customer service; and when you provide feedback on our Website.

  • Your responses to questions that we might ask you to complete for research purposes.

  • Details of transactions you carry out through our Websites and Apps and of the fulfillment of your inquiries or requests.

  • Your search queries on the Websites.

Information We Collect About You. As with many other websites and mobile applications, as you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, language, date and time of access, frequency, and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system, host domain, and browser type.

  • Details of referring websites (URL). We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information you provide to us or that we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Websites or Apps according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Websites or Apps.

Cookies Used on the Websites.  Our Website s use two types of cookies: single-session (temporary) and multi-session (persistent). Temporary cookies last only as long as your web browser is open, and are used for technical purposes such as enabling better navigation through our Website. Once you close your browser, the cookie disappears. Persistent cookies are stored on your computer for longer periods and are used for purposes including tracking the number of unique visitors to our Websites and information such as the number of views a page gets, how much time a user spends on a page, to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Website and to facilitate purchase procedures. Company also uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used, and other pertinent web statistics.  Cookies, by themselves, will not be used by Ibbi to disclose your individual identity. This information identifies your browser, but not you, to our servers when you visit the Website. We do not respond to ‘do not track’ signals in your browser. We may also collect data by using “pixel tags,” “web beacons,” “clear GIFs,” or similar means (collectively, “pixel tags”) that allow us to know when you visit our Websites or Apps.  Through pixel tags, we obtain non-personal information or aggregate information that can be used to enhance your online experience and understand traffic patterns.

Information We Receive From Other Sources. This is information we receive about you if you use any of the other websites we operate or the other Services we provide. We are working closely with third parties (including, for example, third parties intermediaries, such as the physicians, medical professionals, and pharmacies with whom we partner to provide you with services, sub-contractors in technical, advertising networks, analytics providers, and search information providers).

How we use your information

In connection with providing you with the Websites, Apps, and Services, we may use, compile, analyze, and save your information in the following ways:

  • To carry out the Services and, as applicable, facilitate the provision of health care services to you by physician or other health care provider and ensure that the physicians or health care providers have the services and support necessary for health care operations. 

  • To communicate with you about the Websites, and Services, or your use of the Websites and Services, and send you communications on behalf of physicians or other health care providers utilizing the Services to meet your needs.

  • To provide you with information that you have requested or to respond to your inquiries.

  • To provide you with technical support and to improve our Websites, Apps, and Services.

  • To verify your identity and administer your account, including processing your payments and fulfilling your orders.

  • In order to ensure that content from our Websites and Apps is presented in the most effective manner for you and for your computer or mobile phone, to allow you to participate in interactive features of our Services (when you choose to do so), and as part of our efforts to keep our Websites and Apps safe and secure.

  • To communicate with you about our products and Services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third-party partners.

  • To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.

  • In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personal information that you provide and other information concerning your relationship with us.

  • To notify you about changes to our Websites, Apps, or Services.

  • For any purpose where you have given your consent (where legally required).

  • To comply with applicable federal and state law.

Information We Receive From Other Sources. We will combine information we receive from other sources with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

We may disclose aggregated, de-identified information about our users, and information that does not identify any individual, without restriction.

We may disclose your personal information to third parties in connection with the provision of our Services or as otherwise permitted or required by law. You agree that we have the right to disclose personal information that we collect or you provide as described in this Privacy Policy, including: 

  • To any member of our group, which means our subsidiaries and affiliates, including our ultimate holding company and its subsidiaries.

  • To health care providers (i) to schedule and fulfill appointments and provide health care services as part of the Services, (ii) to whom you send messages through our Services, and (iii) for other treatment, payment or health care operations purposes, including pharmacy services, upon your request.

  • To health care organizations, pharmacies, contractors, service providers, and other third parties we use to support our business or in connection with the administration and support of the Services. 

  • To our third party service providers that provide services such as the hosting our Websites or Apps, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing, and other similar services.

  • To any third parties we believe necessary or appropriate to comply with applicable laws.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rosy Cheek’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Rosy Cheeks about our Website or App users is among the assets transferred.

  • To fulfill the purpose for which you provide it.  For example, if you email us asking us to contact a third party (including a medical professional), we may transmit the contents of your email to the recipient. 

  • For any other purpose disclosed by us when you provide the information or with your consent.

  • If we are under a duty to disclose or share your personal information to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or to protect the rights, property, or safety of Rosy Cheeks, our customers, or others.  This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

Choices about how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information.

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of the Websites or Apps may then be inaccessible or not function properly. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Do Not Track.  We do not currently respond to “do not track” signals as we do not track our customers across third party websites.

Promotional Offers from Rosy Cheeks. If you do not wish to have your contact information used by us to promote our own products or Services, you can check certain boxes on the forms we use to collect your data.  You can also always exercise your right to ask us not to process your personal information for marketing purposes by contacting us at care@myrosycheeks.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

Accessing, correcting & deleting your information

You may contact us at the address below—or by emailing us at care@myrosycheeks.com —to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. If Rosy Cheeks deletes your user account, medical providers and other affiliates may still have the right to retain information as required by applicable law, regulations, or their own retention policy.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Unless otherwise required by law, Rosy Cheeks will also erase personal information when the personal information is no longer necessary in relation to the purposes for which was collected or otherwise processed; when you withdraw your consent (where lawfulness of processing was based on your consent) and there is no other legal ground for the processing; when you object to the processing and there are no overriding legitimate grounds for the processing; when your personal information has been unlawfully processed; and when it is necessary to comply with legal obligations.

Data security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Websites and Apps, you are responsible for keeping this password confidential.  We ask you not to share a password with anyone. The information you share in public areas may be viewed by any user of the Websites or Apps. 

Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our Websites or Apps; any transmission is at your own risk.

Third parties

Third-Party Advertisers.  We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to the Website and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third-party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the instructions and links here: http://www.networkadvertising.org/choices/ and http://preferences-mgr.truste.com, or http://www.aboutads.info/choices. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.

 We may allow advertisers to choose the characteristics of users who will see their advertisements, and we may use any of the Non-Personally Identifying Information we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.

This Privacy Policy does not fully address, nor are we responsible for, the privacy, information, or other practices, including data privacy and security process and standards of any third parties, including physicians and other health care providers using the Services, the manufacturer of your mobile device and other IT hardware and software, and any other third party mobile application or website to which our Websites, Apps, or Services may contain a link. These third parties may at times gather information from or about you. We have no control over the privacy practices of these third parties. 

Web Beacons. A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. They are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.  

 Analytics.  We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads help (https://support.google.com/ad/answer/262922?hl=en).

 Aggregated and Non-Personally-Identifying Information.  We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising. 

In addition, Company may make use of de-identified information in accordance with applicable privacy law.

Mobile Device Additional Terms. If you use a mobile device to access the Website or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.  Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Company to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data. Push Notifications: We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings. Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application. 

Even though Rosy Cheeks may not be a “covered entity” as defined in HIPAA, any physician or other health care provider engaging through our Services may be a “covered entity” and therefore subject to the provisions of HIPAA from time to time. If you are using the Services, your acceptance of the Terms of Use and this Privacy Policy incorporates your acceptance and consent to the Rosy Cheeks Professionals Notice of Privacy Practices included on the Website. This notice describes how your physician or other health care provider uses and discloses your personal health information (“PHI”). Rosy Cheeks has agreed that its collection, use, and disclosure of your PHI on behalf of your physician or health care provider will be done consistent with the Rosy Cheeks Professionals Notice of Privacy Practices except to the extent you have expressly authorized additional uses and disclosures.

Use by minors

If you are under 18 years of age, we must obtain valid and verifiable consent by your parent or legal guardian to this Privacy Policy and our Terms of Use before you can use Websites, Apps, and Services. Such consent will be obtained via reasonable methods, as determined by us in our sole discretion. If we determine that the consent obtained is inadequate, we will notify you and you may not use or access the Websites, Apps, or Services at any time or in any manner. However, if you are a parent, legal guardian or personal representative of a minor child under 18 years of age, you may, in compliance with the Terms of Use use our Services on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information for individuals under the age of 18 for whom we have not obtained adequate consent pursuant to the above. If we learn that we have received any information for an individual under the age of 18 for whom we have not obtained adequate consent pursuant to the above, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers.

Revisions to our privacy policy

We reserve the right to change this Privacy Policy at any time.  It is our policy to post any changes we make to our Privacy Policy posted on this page. Accordingly, it is important that users always maintain and update their contact information. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically monitoring and reviewing any updates to the Privacy Policy. Your continued use of our Websites or Apps after such amendments will be deemed your acknowledgment of these changes to this Privacy Policy.

California privacy rights

 California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, at least once a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below. 

Contacting us

If you have any questions about this Privacy Policy, please contact us at: care@myrosycheeks.com or at 855-792-4224.