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Legal Notices

Privacy Policy: Last Updated: March 15, 2021

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General

This privacy policy describes the types of information we may collect from you or that you may provide when you visit the website cap-rx.com and our practices for collecting, using, maintaining, protecting, and disclosing that information. Capital Rx, Inc. ("we," "our," or "us") is committed to ensuring that your privacy is protected. This policy applies to information we may collect through cap-rx.com, including any services offered on or through cap-rx.com such as the prescription benefit member web portal , and our mobile application accessible at the Google Play Store and iOS App Store under the name Capital Rx (collectively, our "Site").

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Site. By accessing or using this Site, you agree to this Privacy Policy.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated policy on our Site and update the policy’s effective date, which is identified at the top of the page. Your continued use of the Site after we post changes means that you accept the changes.

Information We Collect

As described in the Terms of Use, we may provide certain functionalities of the Site available for your use, to obtain information related to your prescription benefit plan and pharmaceutical services. In order to provide these services, we must collect and maintain certain personal information about you.

Your use of the Site may include the ability to download and access information pertaining to pharmacy benefits services, including personal information about yourself.

We may collect several types of information from and about you when you use our Site, including information:

By which you may be personally identified, such as name, postal address, email, telephone number, date of birth, information related to the payment of prescriptions, and prescription benefit plan or insurance information, email address, and login credentials; and

About your internet connection, the equipment you use to access our Site, and usage details. Usage details include recorded times, location and dates of visits to our Site.

We may collect this information:

Directly from you, when you provide it to us;

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

We may collect personal information about consumers that is considered "protected health information" ("PHI") that we receive from our clients including but not limited to health plan clients, self-insured employers, or pharmacy providers . PHI is governed by the privacy, security, and breach notification provisions of federal laws known as HIPAA (the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191) and HITECH (the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5), and their implementing regulations (Parts 160 and 164 of the Code of Federal Regulations). State law may provide additional requirements for PHI. This privacy policy does not cover PHI we collect about you. If you want to know how your health plan and their "business associates" (such as Capital Rx), and healthcare providers safeguard, use, and disclose PHI about you, ask your health plan and healthcare provider for their "Notice of Privacy Practices."

How We Use the Information

We may use the information that we collect about you or that you provide to us, including any personal information:

To present our Site and the contents to you, including functions such as account login.

To provide, support, personalize, and develop the Site and our products and services, including for analytics and marketing purposes.

To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.

To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

To provide you with information, products, or services that you request from us.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Site is among the assets transferred.

Disclosure of Your Information

We may disclose aggregated information about users of our Site, and information that does not identify any individual user.

We do not sell personal information to third parties. We may disclose personal information to third parties in the following ways:

We may share information with affiliates or subsidiaries, business partners, service providers, or other third parties we use to provide you with the Site and its contents and functions.

We may share information with third parties who assist us with our marketing efforts. For example, we may share your device and usage details with a third party analytics provider to assist us in researching the effectiveness of our Site and understand our users’ preferences.

We may share information to comply with any court order, law, or legal process, including responding to any government or regulatory request, or if the disclosure is otherwise required or permitted to do so by law.

If we become involved in a transaction involving the sale of assets, such as a merger or acquisition, we may disclose and/or transfer information as part of the transaction.

Where necessary to the administration of our general business, accounting, record keeping and legal functions, we may share information with our tax advisors, legal counsel and other professional services entities or agents involved in our general business operations.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information, including the right to request businesses to tell you how your personal information has been shared with third parties, if at all, for the third parties’ direct marketing purposes. To make such a request, please contact us at the contact information listed below.

Security

We understand the importance of keeping personal information safe and secure. We take reasonable measures to protect the information we collect from you. However, the transmission of information via the internet is not, and cannot be made, completely secure. We cannot and do not guarantee, ensure, or warrant that personal information will be completely secure from misappropriation by hackers or from other bad actors or criminals, or from the failure of computer hardware, software, or telecommunications networks. We or your health plan will notify you, as required by law, if we discover a security breach involving your personal information (as defined by the applicable state and federal laws) processed by us.

The Site is not intended for, we do not believe it is appealing to, nor do we offer services through the Site to children under the age of 18. If you are under 18, you may not use the Site or any services offered through the Site. We do not knowingly collect personal information from children under the age of 18, encourage them to submit any additional information through the Site, enable them to make personal information publicly available in identifiable form, or engage in passive tracking of such a user when they visit the Site.

Do Not Track Signals

Certain web browsers and other devices you may use to access our Site may permit you to indicate your preference that you do not wish to be "tracked" online. At this time, our Site does not respond to "Do Not Track" signals.

Links to Other Websites

Our Site may contain links to third party websites of interest. If you click on one of those links, you will be taken to websites we do not control and to which this Privacy Policy does not apply. We are not responsible for such third party websites and encourage you to carefully read the privacy policies and statements of those websites.

Contacting Us

If you need to contact us in connection with this Privacy Policy, please use the contact information listed below:

Email: legal@cap-rx.com

© Capital Rx, Inc. All Rights Reserved.

Capital Rx, Inc. Website Terms & Conditions

Last Updated: January 27, 2021

Capital Rx, Inc. ("Company," "we," or "us") provides access to information through our website accessible at the URL https://cap-rx.com/ and our mobile application accessible at Google Play Store and iOS App Store under Capital Rx (collectively the website and mobile application are referred to as the "Site"). We may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").

Capital Rx, Inc. ("Company," "we," or "us") provides access to information through our website accessible at the URL https://cap-rx.com/ (the "Site") and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, AND (v) YOU ARE A RESIDENT OF THE UNITED STATES AND ITS TERRITORIES. WE WILL REDIRECT ANY VISITORS TO THE SITE FROM THE EUROPEAN UNION TO A MESSAGE NOTIFYING SUCH VISITORS THAT THEY CANNOT REGISTER FOR OR USE THE SITE OR SERVICES. THESE TERMS ARE A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE, APP, OR SERVICES.

I. Access To Our Online Services And Tools

A. General Use

The Site is intended for personal, non-commercial use (unless you have a separate agreement signed by us specifying other permitted uses). You are responsible for maintaining the secrecy of your passwords, login, and other account information ("Account Information"), as well as any correspondence, e-mails, order information, or any other information obtained through the Site. You will be responsible for all use of the Site by you or anyone using your password and login information (with or without your permission). If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Account Information or computer or mobile device used to access the Site), you must promptly change your Account Information that is affected or you may call the member services number on your member identification card for assistance. If you install any software or enable any service that stores information from the Site on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.

If your personal information (such as name, phone, address, plan information, or prescription history) changes or appears to be incorrect when you visit the Site, you must contact your prescription benefit plan sponsor/employer directly to get this information corrected and then your prescription benefit plan sponsor/employer can take the steps necessary to update this information with us. We will not modify or change any information directly received from your prescription benefit plan sponsor/employer.

You may only use the Site to view information for which you are authorized and to search for legitimate prescription medication information. You may not use the Site to access any information for which you are not authorized or to facilitate the dispensing of any false or fraudulent prescriptions. You agree not to use the Site for any purpose that is unlawful, illegal, or forbidden by these Terms. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.

You agree not to use the Site or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Site or Services or servers or networks connected to the Site and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame or deep-link to any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, for any purpose.

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate, or restrict your access to all or any component of the Site or Services. In addition, access to the Site or Services may be modified or withdrawn by your prescription benefit plan sponsor at any time and without advance notice or liability.

C. Use Of Third-party Offerings

Any display on or through the Site of prescription pricing and availability options offered by third parties such as, but not limited to, pharmacies, does not in any way imply, suggest, or constitute any sponsorship or approval by us of any such third party or any affiliation, link, or relationship between the third party and us. Any display of specific options on the Site or in the Services does not suggest a recommendation by us of the third party or their prescription fulfillment services except as provided under your employer’s prescription benefit plan. You agree that we are in no way responsible for the accuracy, timeliness, or completeness of information we may get from these third parties, including any prescription history information made available through the Site. Your interaction with any third party accessed through the Site is at your own risk and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

Furthermore, the Site and information you obtain from the Site may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience but do not endorse the contents of Other Websites. We do not guarantee the security of any information transmitted to or from the Site or Services to Other Websites, nor are we responsible for the content, security, or privacy measures of Other Websites. You should refer to the separate terms of use, privacy policies, and other rules posted on these Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to our Site.

D. Ownership

We own the Site and we and/or our vendors and suppliers, as applicable, own all of the text, images, software, trademarks, service marks or other material contained in the Site ("Content"). You may not copy or transmit any of the Content, except for your personal, non-commercial use on your computer (unless you have a separate agreement signed by us specifying other permitted uses. All copyright, trademark and other proprietary rights or notices included in the Content as presented on the Site must appear on all copies you print. Other product, service, or company designations on the Site belong to other companies and may be mentioned for identification purposes only. You should contact the appropriate other companies for more complete information regarding such designations and their registration status. Your use of and access to the Site does not grant you any license or right to use any of the marks included on the Site or any of the Content.

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title, and interest in and to the Site and the Service, and all related intellectual property rights, other than user content. We and are suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner's prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide us any feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information regarding the Site or Services ("Feedback"), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary. If you do not agree with these terms regarding Feedback or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option is to not submit Feedback to us.

© Capital Rx, Inc. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

II. Disclaimers, Limitations And Exclusions Of Liability

A. Disclaimers

The information provided on the Site is not intended as a substitute for a consultation with an individual’s physician, pharmacist, or other applicable clinician. The risks and benefits of any particular drug or treatment should be considered only in consultation with a physician, pharmacist, or other applicable clinician. We do not direct or exercise any control over the professional judgment of any pharmacist in dispensing prescriptions or otherwise providing pharmaceutical related services. In no event shall we be liable for any decision made or action taken in reliance on the information contained in in the Site or by a physician, pharmacist, or other applicable clinician.

B. Limited Warranties

The Services, the Site, all information, Content, materials and services related to the foregoing are provided "as is" and "as available." To the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, title, non-infringement, non-interference, system integration, accuracy of data, trade usage, course of dealing, and course of performance. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates make no warranty and expressly disclaim any obligation, that (i) your use of the Site or Services will meet your requirements or be available on an uninterrupted, timely, secure, error-free or virus free basis; (ii) the Content will be up-to-date, complete, comprehensive, accurate, or applicable to your circumstances; (iii) the results that may be obtained from the Site or Services (include prescription history, drug pricing and availability, etc.) will be accurate or reliable; or (iv) the quality of any Services or Content obtain by you through the Site will meet your expectations. The download of any material through the Services and/or Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download of any such material or from reliance upon the site or services, and you are advised to maintain offline backup copies of all user content. We reserve the right to filter, modify or remove content, media, information or any other material from the Site or Services and from the output of the Site or Services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators, search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.

C. Limitation Of Liability

Use of our Services, the Site (including any downloadable tools), and/or the products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential or special damages in connection with these Terms, the Services, the Site, or any products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.

We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (i) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Site, your downloading of any Content, or your use of the Services, or (ii) any injury, death, loss, claim, act of god, accident, delay, or any indirect, special, exemplary, punitive, indirect, incidental, or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or is in any way connected with: (a) any use of the Site, the Services, or the Content; (b) any failure or delay (including without limitation the use of or inability to use any component of the Site for prescription pricing); or (c) the performance or nonperformance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the Site and the Services to you, and we would not provide the Site or Services to you without this limitation.

D. Exclusions

The limitations or exclusions of warranties and remedies contained in these terms shall apply to users of the Site and Services to the fullest extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where the user is located. If applicable law requires any warranties with respect the Site or Services, all such warranties are limited in duration to ninety (90) days from the date of use. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

E. Indemnification

You agree to indemnify, hold harmless and, at our option, defend Company (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these Terms or applicable law, and to the fullest extent permitted by law your use of the Site or any information on the Site.

III. Term And Termination

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled "I Agree") (whichever occurs first). We reserve the right to terminate these Terms, your access to the Site and the Services, or the Site and Services in part or entirely, at any time without notice or liability. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, (Use Of Third-party Offerings), I.D, (Ownership), II (Disclaimers, Limitations And Exclusions of Liability), III (Term and Termination), and IV (Miscellaneous Matters) will survive the termination of these Terms.

IV. Miscellaneous Matters

A. Modifications To Terms and Services

We may change these Terms from time to time at our sole discretion, and reserve the right to modify the Site and/or Services at any time without notice or liability. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

B. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site and the Services. If we fail to act with respect to your breach or anyone else’s breach of these Terms on any occasion, we are not waiving our right to act with respect to future or similar breaches. If any provision of the Terms are found by a court of competent jurisdiction to be unenforceable or invalid, the Term will be enforced to the fullest extent permitted, giving effect to the intent and purpose of the unenforceable or invalid provision, and the other Terms shall remain valid and enforceable. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms together with any agreements made a part of these Terms by reference, make up the entire agreement between you and us relating to your use of the Site and Services. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

The laws of New York without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of the Site, Services, or these Terms, you agree to file such action only in the state and federal courts located in the county of New York, within the State of New York. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.

Email: legal@cap-rx.com

© Capital Rx, Inc. All Rights Reserved.