Effective Date: This privacy policy (this “Privacy Policy”) is effective and was last updated as of June 15, 2023.
This Privacy Policy applies when accessing, using, or otherwise interacting with RxData.net (our “Website”), our subscription SaaS database of pharmaceutical pricing, reimbursement and access information (our “Platform”) and any other feature or service offered by RxData, Inc. and its affiliates (“RxData”, “us”, “our,” or “we”) that posts or includes a link to this Privacy Policy (collectively, the “Services”). This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal information we receive from users of our Services and your choices.
Please read this Privacy Policy carefully. By accessing or using the Services, you consent to our Privacy Policy and our collection, use, and sharing of your information as described in this policy and our Terms of Use.
Important note on the applicability of this Privacy Policy: This Privacy Policy primarily applies to visitors of our Website. Access and use of our Platform is restricted to our clients, who are generally business entities that use the Platform in the conduct of their businesses pursuant to contracts with us. Data privacy laws generally distinguish between a “controller” of personal information (which determines the purposes and means of processing of personal information) and a “processor” of personal information (which processes personal information on behalf of a controller). With respect to any personal information processed by us in the operation of our Platform, our clients are the controllers of such personal information and we are a processor of such personal information, and our processing is subject to the terms and conditions of our contracts with our clients and their privacy policies.
If you are an authorized user of our Platform accessing and using the Platform on behalf of one of our clients, then the client you are engaged by is the controller of any personal information processed by us in the operation of the Platform and the privacy policies of that client govern your personal information. To the extent any data privacy laws apply to such personal information, and you desire to make any choices or exercise any rights available to you under such laws or under the privacy policy of such client, including any described herein such as rights of access, correction, deletion, or limitation on processing, then you should address requests directly to our client that you are engaged by. If requests are directed to us, to the extent we are able to identify the client you are engaged by then it is our practice, in accordance with applicable laws and our contracts with clients, to refer any request to the client for instructions on responding. It will expedite a response if you make any requests directly to the client you are engaged by, which will in accordance with their policies and any applicable data privacy laws provide us with instructions pertaining to any personal information of yours that we process on such client’s behalf.
1. Information We Collect and How We Collect It
We may collect information from you both directly and automatically when you use or visit the Services. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name and email address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. Note that RxData may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash.” We will treat de-identified information as non-personal to the fullest extent allowed by applicable law. If we combine non-personal information with personal information, then we will treat the combined information as personal information under this Privacy Policy.
RxData collects information in the following ways:
- a. Information You Provide to Us. In the course of using the Services, you may provide us with certain information, including contact information (such as your name and email address) and information in any messages you send to us via email or web form.
- b. Information We Collect Automatically From Your Use of the Services. When you use our Services, we, our third-party service providers, and our business partners may automatically collect certain information (“Usage Information”). One of the ways we collect Usage Information is when you use our Services, our servers automatically generate logs to help us determine how you use various features to improve our Services. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information. This Usage Information includes your IP address and unique device identifiers (“Device IDs”) for your computer, mobile phone, or other device used to access the Services. A Device ID is a number that is automatically assigned to your device, and our servers identify your device by its Device ID. We will also collect and track other data and information relating to your device, including the hardware model, the Internet service provider you are using, browser, and operating system you are using. We may track your use of the Services, including the features you access and how you interact with the Services.
- c. Information from Third Parties. We may receive information about you from third parties, such as business partners who work with us to provide you access to content or other features.
- d. Social Media We may permit you to interact with social media, including Facebook, Instagram, and Twitter. When you interact with third party platforms through the Services, we will receive information about you. We may also receive information about you if other users of social media give us access to their profiles and you are one of their connections or "friends." The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party website or service. We or the third party may allow you to disable or remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.
If you choose to post information to a third-party platform, that information may be public and the third party may have access to information about you and your use of the Services. You may also choose to participate in a way that connects that third-party service with the Services, such as posting to one of our pages on a social media site. Doing so may allow us to collect (or the third party to share) information about you, including personal information, and the third party may allow us to re-post content related to us on our own services.
In addition, these third parties may set their own cookies and collect information about your use of the Services, including your IP address or other device identifiers, and which pages you visit on the Services. Certain third-party platforms may be able to collect certain information on your visits to the Services regardless of whether or not you affirmatively interact with the feature. We encourage you to review the privacy policies of third parties that control platforms you post to or that connect to the Services and set your privacy preferences with them.
- e. Chat Boxes. When you participate in our live chat feature, RxData can use your communications and the information you provide to assist you during the live chat session, to provide customer service, improve our products and services, and for marketing. We retain certain information from such sessions, such as date and time of sessions, contact information, general location and device data. We use a third-party service to conduct our live chat feature, and the privacy policy of that third-party service also governs personal information processed through such feature.
We use the following types of tracking technologies (collectively referred to as “Tracking Technologies”) to automatically collect information when you interact with us online:
Cookies and Local Storage are small text files stored locally on your device that help store user preferences. These technologies are able to store a unique identifier for a device to us to recognize the device whenever the device is used to access our Services. These technologies may be used for many purposes by us, our service providers, and our third-party business partners, such as automatically collecting Usage Information, enabling features, serving advertisements to you online, and remembering your preferences. We may use cookies and other technologies to study usage patterns on the Services, to study the effectiveness of our user communications, to manage and measure the performance of any advertisements delivered through our Services, and to personalize your experience of the Services, such as to recognize you when you return to the Services. The information we store includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at www.allaboutcookies.org.
Web beacons (also known as clear GIFs and pixel tags) are small pieces of code used to collect usage analytics. They help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. If you ask us to send you information on a promotion or a newsletter, we may use web beacons to establish how many of the emails are actually opened. We may use similar tools to collect such information from mobile devices. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
2. How We Use Your Information
We may use non-personal information for any purpose, including for advertising, research, and marketing purposes. We also use information that we collect, including personal information and Usage Information, as disclosed in this Privacy Policy and as follows:
- a. to provide the Services to you and allow you to participate in the features the Services offer;
- b. to customize and optimize our content for you;
- c. to provide information on our Services, special offers and promotions from us using the contact information you provide;
- d. to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your user activities;
- e. to contact you to respond to your customer service questions, feedback, or requests or to provide you with technical support;
- f. to communicate with you about the Services, content, features or products you use or request, including to provide you with information concerning changes or updates to the Services which may affect your use of the Services or in our discretion, changes to our policies;
- g. to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;
- h. for internal business purposes, including to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities; and
- i. in any other way we describe when you provide the information, or otherwise with your prior consent.
3. How We Share Your Information
We may aggregate, de-identify, and/or anonymize any information collected through the Services such that the related information is no longer linked to your personal information.
In addition, we may share the information we have collected about you, including personal information and Usage Information, as disclosed at the time you provide us with information or your consent, and as described in this Privacy Policy, including:
- a. At Your Request. We may share information when you direct us to do so, such as if we present you with an opportunity to receive marketing offers from a third party, or if you choose to engage with a social media service or third-party feature through which information about you is shared. We do not control the actions of third parties, and you direct us to share your information at your own risk.
- b. Service Providers. We may contract with certain companies to perform services on our behalf, including advertising, marketing assistance, e-mail delivery, hosting services, site maintenance and repair, security, quality assurance, customer service (including live chat feature), surveys, and data research and analysis, and provide your information to them only to fulfill such services.
- c. Promotions. We may offer promotions (any of which, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules (such as on a winner’s list).
- d. In Connection with Business Transactions. In the event RxData or any of its controlling affiliates undergoes a business transition, such as a merger with or acquisition by another company, or sale of all or a portion of its assets, we may transfer your personal information and other information to the successor organization in connection with such transaction, including during the course of any due diligence. By providing your personal information, you agree that we may transfer such information to the other entity in such a transaction without your further consent. If material changes to the Services’ privacy practices will occur as a result of the business transition, RxData or its successor will attempt to notify you, including by posting a notice on the Services.
- e. For Administrative and Legal Reasons. We reserve the right to use or disclose any information as needed to satisfy any law, regulation, or legal request; to protect the integrity of the Services; to fulfill your requests; to cooperate in a law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual property infringement; to protect and defend the legal rights and/or property of RxData and any of our subsidiaries, affiliates, and shareholders, or the Services, it any of their users, or any other party; or, in an emergency, to protect the health and safety of users or the general public.
- f. Affiliates. We may share information with our affiliated companies for business purposes consistent with the purposes for which your personal information was collected, including where necessary to provide our Services where certain functions may be shared by us and our affiliated companies, such as hosting services, email services, or where we share business departments.
4. Analytics
RxData works with third party business partners such as analytics providers to provide us with information regarding the use and effectiveness of the Services. We allow these companies to place tracking technologies like cookies and web tags on the Services, and they may otherwise collect or have access to Usage Information and other information about you. Some of these parties may collect personal information over time when you interact with the Services or other online websites and services. We may share information, typically information that has been aggregated or de-identified, Usage Information, and location information with analytics providers and other such third parties.
We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information about the use of other websites, apps, and online services. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
5. How We Respond to “Do Not Track” Signals
Do Not Track (“DNT”) signals offered by some web browsers are settings that request that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, ad networks, plug in providers, and/or other web services you encounter while browsing to stop tracking your activity. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we may not alter our practices when our systems receive a “Do Not Track” signal from a visitor’s browser, except as specifically required by law. You can learn more about Do Not Track at www.allaboutdnt.com.
6. Third Party Content and Links
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including, but not limited to, any third-party websites, services and applications (and the information or content contained therein) ("Third-Party Services") that may be linked to or from the Services and/or that you elect to access through the Services. When you navigate away from our Services to another site, this Privacy Policy is no longer in effect. Those Third-Party Services may use their own cookies or other tracking technologies, may independently collect information from you or about you, and match your data with data from other sources and use your data in ways other than described in this Privacy Policy. Your browsing and interaction on any Third-Party Services is subject to such Third-Party Services’ own rules and policies, which we encourage you to review prior to providing them with your information.
7. Your Choices About the Information We Collect
You may opt out of marketing communications as set forth below.
- a. Email. You may unsubscribe from any marketing email we may send you through the opt-out mechanism included in each such email, or you can communicate your preferences to us by emailing us at info@rxdata.net. We reserve the right to send you certain communications relating to your use of the Services, service announcements, notices of changes to this Privacy Policy or other terms, or similar administrative or transactional messages, and such messages will be unaffected by any choice to opt out of marketing communications.
- b. Other Privacy Rights. If you are a resident of certain jurisdictions, you may have additional rights with respect to your personal information. For example, please see “International Users; EU, EEA and UK”. If you submit a request to us and we ascertain that the data privacy laws of your jurisdiction apply to us, then subject to any conditions and qualifications of such law we will endeavor to respond to such request in compliance with such laws. Please direct any requests to us at info@rxdata.net.
8. Security of Your Information
If you are a resident of certain jurisdictions, you may have additional rights with respect to your personal information. For example, please see “International Users; EU, EEA and UK”. If you submit a request to us and we ascertain that the data privacy laws of your jurisdiction apply to us, then subject to any conditions and qualifications of such law we will endeavor to respond to such request in compliance with such laws. Please direct any requests to us at [info@RxData.net].
9. General Audience Services
The Services are not intended for children younger than the age of 18. We do not knowingly collect or solicit personal information from children younger than the age of 18.
10. Changes to this Privacy Policy
To the extent allowed by applicable law, we reserve the right to change this Privacy Policy at any time. We will inform you by posting a notice on the Services. We may also provide notice to you in other ways, such as through contact information you have provided. Your continued use of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law. However, we will provide notice and obtain your consent (opt-in or opt-out) if required. Note that you may no longer be able to use certain or any features of the Services if you do not consent to the revised Privacy Policy.
11. International Users; EU, EEA and UK
We are a US-based company so if you are located outside of the United States, please be aware that the information that we collect from you will be transferred to, and stored at, a destination outside of your country. By accessing and using our Services, you understand and acknowledge that your personal information will be transferred from your location to our facilities and servers in other jurisdictions, including the United States. By using our Services or providing us with any information, you fully understand and unambiguously consent to this transfer to, and processing, usage, sharing, and storage of your information in other jurisdictions, including the United States, which may have different or less protective privacy laws than those in your country. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to the laws in those jurisdictions.
The laws in some jurisdictions, including in the European Union and European Economic Area and the United Kingdom, require companies subject to such laws to provide certain information including the legal grounds they rely on to process “personal data” as defined under those laws. To the extent you are a visitor to our Website and a resident of one of those jurisdictions and those laws apply to us, RxData is a data “controller” for processing of personal data and our legal grounds for processing your personal data are as follows:
Legitimate Interests. In many cases, we process personal data on the ground that it furthers our legitimate interests in commercial activities, such as described in “How We Use Your Personal Information” above, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals.
Legal Compliance. We process personal data in certain ways to comply with our legal obligations.
Honor Our Contractual Commitments to You. Our processing of personal data may be required to meet our contractual obligations, if any, to you, or to take steps at your request in anticipation of entering into a contract with you.
Consent. Where we collect personal data and have obtained your consent, we may process your personal data within the scope of that consent.
Subject to the applicability to us of certain laws, such as those of the jurisdictions described above, you may have certain rights with regard to your personal data. These rights may include the rights to (1) access or rectify your personal data or request its deletion, (2) request a restriction on the processing of your personal data, (3) object to the processing of your personal data, or (4) exercise other rights with respect to your personal data, such as withdrawal of consent to processing. While we strongly encourage you to first raise any questions or concerns about your personal data by contacting us directly, you may have a right to lodge a complaint with the relevant supervisory authority under any such applicable law. Many of the rights described here are subject to significant limitations and exceptions under any such laws, even if they are applicable. Please direct any requests to info@rxdata.net.
As noted above, if you are a user of our Platform on behalf of one of our clients, then such client is the “controller” for processing of your personal data under the laws described above and you should refer to such client’s privacy policy for information on, and how to exercise any of your rights with respect to, your personal data.
12. Contact Us
If you have any questions, comments, or concerns regarding our Privacy Policy and/or practices, please send an email to: info@rxdata.net. You may also contact us at RxData, Inc., 251 West 30th street, Floor 5, New York, NY 10001, United States, Attn: Data Privacy.