Privacy policy

Victory Men’s Health, LLC and its parent(s), subsidiary(ies), or affiliate(s) (“VMH,” “we,” or “us”) own and operate the website located at [www.victorymenshealth.com](http://www.victorymenshealth.com) (the “Website”). Your access to and use of the Website, any part thereof, or anything associated therewith, including its content (“Content”), any information, products, or services provided through the Website or otherwise by VMH, and any affiliated website, software, or application owned or operated by VMH 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 VMH Terms and Conditions (“Terms and Conditions”).

We are committed to respecting the privacy of users of the Site. We created this Privacy Policy (“Privacy Policy”) to tell you how VMH collects, uses, and discloses information you may provide through the Site.

As with our Terms and Conditions, by accessing or using the Site, 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 updated” date of the Privacy Policy.

If you are using the Site 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.

However, in using certain components of the Site, you may also provide certain health or medical information that may be protected under applicable laws. VMH 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 Labs, 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 VMH 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 VMH or any affiliated licensed provider. To the extent VMH is deemed a “business associate,” however, and solely in its role as a business associate, VMH may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to VMH, 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.

By accessing or using any part of the Site, you are agreeing that even if HIPAA does apply to VMH, any information that you submit to VMH that is not intended and used solely for the provision of diagnosis and treatment by licensed providers affiliated with VMH 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. For purposes of clarity, information you provide to VMH in order to request further information from VMH, including your name, email address, gender, phone number, and certain transactional information, is not considered Protected Information.

We collect any information you provide when you use the Site,including, but not limited to

• Personally identifying information such as your name and contact data such as your e-mail address and phone number;
• Demographic data (such as your gender, date of birth and zip code)
• Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser  type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
• Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
• Your participation in research and surveys
• Usage activity concerning your interactions with the Site and/or third-party websites, networks or applications accessed through the Site (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third-party websites, networks, etc.)
• Billing, payment and shipping information
• Electronic signature
• Photographic or video images submitted for identification or non-diagnosis or treatment purposes, including photographs of your driver’s license or passport
• Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
• Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Site or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
• Any other information you provide when you contact or communicate with us.

If you use your mobile device to visit, access or use the Site,then additional categories of information that we collect may include:

• Your name associated with your mobile device
• Your telephone number associated with your mobile device
• Your geolocation
• Your mobile device ID information
• With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos)  stored on your mobile device
• With your express consent, information about third-party software applications  on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)We also collect certain medical information on behalf of the Medical Groups and your Providers, which may include, but is not limited to:
• Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
• Previous doctors or other healthcare providers you visited
• Date of visit
• Images or videos you share for diagnosis or treatment purposes
• Communications with Providers

We will not accept any Request for Removal of Information via telephone or facsimile. VMH is not responsible for failing to comply with any Request for Removal of 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 VMH to maintain the content or information; if or when VMH maintains the content as part of your electronic medical record; 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 VMH 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 VMH’s voluntary practices concerning the collection of personal information through the Site and is not intended to be an admission that VMH 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.

VMH might collect personal and non-personal information directly from you when you visit, access, or use the Site; when you register with or subscribe to the Site or any products or services available through the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site 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 Site) 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 VMH asks you for such information, such as, for example, when you process a payment through the Site or when you answer an online survey or questionnaire. In addition, if you or a third party sends VMH 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 Site and/or the App, then VMH may collect any personal or non-personal information provided therein or therewith.

In addition to the information we collect directly from you, we may also collect certain information from licensed providers affiliated with VMH who provide treatment or other services to you in connection with our Site. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details), and notes, and is accessible and visible through certain components of the Site.

We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care, or prescription medication, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

We also may receive personal information about you from our service providers who assist us with identity verification in connection with our Sites, which may include information parsed from your driver’s license or passport, your estimated location, your address and how long you have lived there, and your contact information.

Finally, VMH might use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following:

• Cookies are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete, or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.). Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third-party cookies may also be used to enable analytics (e.g., Google Analytics) or advertising functionality (e.g., ad retargeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Site and collecting information about how you use the Site.

• Flash cookies, which are cookies written using Adobe Flash, and which may be     permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
• Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer's, device's or browser's cookies may prevent some web beacons from tracking or recording certain information about your activities.
• Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user's interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user's computer or device from the website server, active only while the user is connected to the Site and/or the App, and deactivated or deleted when the user disconnects from the website.
• Analytic tools and services, which are sometimes offered by third parties, and     which track, measure and/or generate information about a website's or     program's traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which VMH might use include Google Analytics and Taplytics. VMH may also use other third-party analytic tools and services.

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 Site, you acknowledge and agree in each instance that you are giving VMH permission to monitor or otherwise track your activities on the Site, and that VMH may use the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies. Notwithstanding the foregoing, VMH does not permit third parties or third-party cookies to access any communications you have with licensed providers affiliated with VMH, or medical information that you submit to these providers for diagnosis and treatment purposes.

The foregoing is a description of VMH’s voluntary practices concerning the collection of personal information through the Site from certain minors and is not intended to be an admission that VMH 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.

In connection with providing the Site, we and our affiliates may use your information, subject to the limitationsaddressed in the Protected Health Information Section above, for a number of purposes, including, but not limited to:

• Verifying your identity;
• Confirming your location;
• Administering your account;
• Fulfilling your requests;
• Processing your payments;
• Facilitating your movement through Site;
• Facilitating your use of the Site and/or products or services offered through the Site;
• Communicating with you by letter, email, text, telephone or other forms of     communication;
• Providing you with information about VMH and/or its businesses, products and     services by letter, email, text, telephone or other forms of communication;
• Providing you with customer support;
• Providing you with information about third-party businesses, products and services     by letter, email, text, telephone or other forms of communication;
• Developing, testing or improving the Site and content, features and/or products or     services offered via the Site;
• Identifying or creating new products, services, marketing and/or promotions for VMH or the Site;
• Promoting  and marketing VMH, the Site, and the products and/or services offered via     the Site;
• Improving user experiences with the Site;
• Analyzing traffic to and through Site;
• Analyzing user behavior and activity on or through the Site;
• Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market     research, and other activities related to VMH, the Site or products and services offered via the Site;
• Monitoring the activities of you and others on or through the Site;
• Placing and tracking orders for products or services on your behalf;
• Protecting or enforcing VMH’s rights and properties;
• Protecting or enforcing the rights and properties of others (which may include you);
• When required by applicable law, court order or other governmental authority     (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
• VMH believes in good faith that such use is otherwise necessary or advisable     (including, without limitation and by way of example only, to investigate,  prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of VMH, a user of the Site, which may include you, or anyone else who may be harmed by such activities or to further VMHs' legitimate business interests).

We may de-identify your informationand use, create and sell such de-identified information, or any business orother purpose not prohibited by applicable law.

Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third parties in connection with the provision of our Siteor as otherwise permitted or required by law. For example, we may disclose your information to:

• Third-party and service providers (collectively "vendors") that provide  services to enable us to provide the Site, such as the hosting of the Site, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services;
• Our vendors that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, analytics and similar services;
• Our vendors that provide services to enable us to promote and advertise the Site     and the products and/or services offered via the Site, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
• Any affiliated licensed providers to enable them to provide services to you via the Site and to collect payment on their behalf;
• Vendors as we believe necessary or appropriate to comply with applicable laws; and to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.

We may de-identify your information and disclose such de-identified
information for any purpose not prohibited byapplicable law.

VMH 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 Site or VMH. VMH may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by VMH or as required by law.

Similarly, licensed providers affiliated with VMH may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes, and/or enforce their agreements; and/or as long as needed to provide you with the products and/or services. These affiliated providers may dispose of or delete any such information at any time, except as set forth in any other agreement or document or as required by law.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices, including the data privacy and security processes and standards, of any third parties, even when access to a third-party site is available through the Site, including physicians and other health care providers using the Site, the manufacturer of your mobile device and other IT hardware and software, and any other third-party mobile application, website, or service to which our Site 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. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

If you have any questions about this Privacy Policy or VMH’s privacy practices,  please contact us at:

VMH

1405 N Green Mount Road Ste. 240
O’Fallon, IL 62269
info@victorymenshealth.com

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