PRIVACY AND SECURITY POLICY

Last updated: September 17, 2024

Dermacare LLC d/b/a BlueChew (“BlueChew”, “we”, “us”, or “our”) values your privacy and the security of your information. BlueChew is a technology platform which enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of erectile dysfunction. This Privacy and Security Policy (the “Policy”) describes how BlueChew uses, discloses, and otherwise processes individually identifiable information (“Personal Information”) it collects from our website made available at BlueChew.com (the “Site”), and our services accessible through the Site (the “Services”) which enable registered users to communicate with third party health care providers in order to receive health care services via telemedicine.

PLEASE REVIEW THIS PRIVACY AND SECURITY POLICY CAREFULLY. It describes how we collect, use, and disclose information that we obtain about visitors of our Site and users of our Services. This Privacy and Security Policy is incorporated into our general Terms and Conditions, which can be accessed here. Any capitalized terms not defined in this Privacy and Security Policy have the meanings provided in the Terms and Conditions.

BlueChew does not provide medical advice, nor does it dispense any prescriptions. For additional information on the healthcare providers and pharmacies to whom we disclose your information via the Services, please see the section below on how we disclose information. By visiting the Site or using our Services, you acknowledge and agree that your Personal Information will be handled as described in this Policy.

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Policy at any time. Material changes will be conspicuously posted on the Site or otherwise communicated to you. All changes will be effective immediately upon posting to the Site.

In states with laws applicable to consumer health data (e.g., Washington and Nevada), our Consumer Health Data Privacy Policy also applies.

If you are a Nevada resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR NEVADA RESIDENTS.”

If you are a California resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS.”

If you are a Virginia resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR VIRGINIA RESIDENTS.”

If you are a Colorado resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR COLORADO RESIDENTS.”

If you are a Connecticut resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR CONNECTICUT RESIDENTS.”

If you are a Utah resident, please see the section of this Privacy Policy called “PRIVACY INFORMATION FOR UTAH RESIDENTS.”

INFORMATION WE COLLECT ABOUT YOU

We may collect Personal Information directly from you and from third parties, as well as automatically through your use of the Site or our Services.

Information We Collect Directly From You

We collect the below Personal Information directly from you via this Site and Services, including via dynamic intake forms where you enter information electronically via our Site.

Account Information

You may browse the informational areas of the Site without creating an account. However, registration is required to use the Services. To register, you are asked to provide certain Personal Information, such as your name, date of birth, address, email, phone number, as well as a user ID and password, and government or other picture ID.

The email address that you provide is the email address that will be used for correspondence regarding our account as well as your medical information and prescriptions. By providing us with an email address you recognize, understand, and agree that this is the email address we will use for your account and communications regarding your medical information and your prescriptions. We are not responsible for any disclosures that may result from a third party’s access to your email account, whether or not that access is authorized by you.

Medical Information and Providers

You will also be required to complete a medical profile where you will communicate health-related information to BlueChew, which we will pass through to the healthcare provider licensed to practice medicine in your jurisdiction, along with Personal Information such as your registration information and picture ID. The healthcare providers that currently provide healthcare services via the BlueChew platform consist of the following provider-owned businesses: Delaware Telehealth Medical Group, P.A., Kansas Telehealth Medical Group, P.A., Florida Telehealth Medical Group, P.A., New Jersey Telehealth Medical Group, P.A., and California Telehealth Medical Group, P.C. (each a “Provider”). BlueChew is not responsible for any Provider’s use of your Personal Information. We encourage you to visit the privacy notice for the Providers available here.

We also provide the technology platform pursuant to which you provide additional Personal Information directly to your Provider, via real time chat and telephone, live 2- way video and audio, and secure messaging (including email and text messages). We forward the Personal Information you provide directly to us to your Provider via “store and forward” technology, also known as “asynchronous” technology, which involves the electronic transmission to your Provider of the health information you provide us.

Prescription Information and Pharmacies

In the event your Provider authorizes a prescription, the BlueChew Services facilitate the placement and delivery of that prescription to you via Meds Pharmacy, LLC, National Treatment Delivery and Care LLC, Curexa Pharmacy LLC, or another pharmacy of your choice (each a “Pharmacy”). BlueChew is not responsible for any Pharmacy’s use of your Personal Information. We encourage you to visit the applicable privacy notice for the Pharmacy available here.

HIPAA Does Not Apply

Information provided through the Services, whether or not disclosed to either a Provider or a Pharmacy, is not considered “protected health information” and is not subject to the Health Insurance Portability and Accountability Act of 1996 and its related regulations and amendments (collectively, “HIPAA”). 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 does not apply to your transactions or communications with BlueChew. However, any medical or health information that you provide that is subject to specific protections under applicable state or federal laws will be used and disclosed in accordance with such applicable laws.

Payment Information

You are required to provide payment information for all orders. Payments made via the Site will be processed by our current third-party payment processor, Network Merchants, LLC (“NMI”). We encourage you to visit NMI’s privacy policy for more information on their privacy practices, which is located at https://www.nmi.com/privacy-policy.

Sensitive Information

We do not intend to collect any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning sexual orientation. We do collect certain Personal Information consisting of health information that may be considered sensitive information in certain states.

Information We Receive from Others

BlueChew may also receive Personal Information about you from third parties. These third parties consist of social media sites that provide lead information as well as interest based advertising providers and data analytics providers that may provide us Personal Information about you. We also collect additional Personal Information about you from the Providers and Pharmacies that provide diagnosis and treatment.

Information We Collect Automatically

Account Activity. We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account.

Tracking Technologies.

Like many other websites, we may automatically collect information about your use of our Site and Services through scripts, cookies, pixels, web beacons, and other tracking technologies (collectively, “Tracking Technologies”), which information includes: your browser type and operating system, web pages you view, links you click, your IP address, your internet service provider, device ID, approximate geographic location, the referring URL that led you to the Site, data related to how and when you use the Site, and pages visited and average time spent on the Site. Some of this may be deemed Personal Information.

We may combine this information with other information that we have collected about you, including, where applicable, your account information and other Personal Information. Some of this information may be disclosed with our analytics providers and used for their own advertising purposes.

Tracking Technologies enable BlueChew to (a) collect information about your use of the Site, (b) understand general Site usage and volume statistical information, (c) improve the Services, experience, content and offerings on the Site, (d) enable advertising and analytics functionality by tracking your interaction with the Site and Services and collecting information about how you use the Site and Services, and (e) allow for customized use and experience of the Site and Services.

Most browsers automatically accept cookies and Tracking Technologies. You can disable certain functions by changing your browser settings but disabling cookies and Tracking Technologies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Tracking Technologies. You cannot disable all Tracking Technologies, such as cookies that are essential to the functioning of the Site.

Ad Networks

We use third-party ad networks (called third-party ad servers or network advertisers) to deliver ads to you on our behalf (including Google, Meta, Snapchat and other platforms) across the internet, via email and media streaming services. These third-party ad networks may place their Tracking Technologies on the Site or in your browser to collect information about you when you visit the Site (such as browser type, time and date, browsing or transaction activity, subject of advertisements clicked or scrolled over, or a platform-provided identifier during your visits to this Site and other websites) to enable those third-party ad networks to deliver advertisements to you on third-party websites, mobile applications, email, and media streaming services for our products and services or those of third parties that are likely to be of interest to you. For example, Google uses the Doubleclick cookie to enable it and its partners to serve ads to you based on your visit to our Site and/or other websites on the internet. We encourage you to review the privacy policies of advertisers and ad servers to learn more about their cookies and other technologies.

If you do not want to receive those kinds of advertisements, you may visit the “Privacy Choices” link at the bottom of our site, look for the "Ad Choices" icon in the advertisements, which will contain a link to the privacy policy of the ad network that will provide you with information on how to opt-out of receiving such targeted advertising.

You can also visit the websites http://www.networkadvertising.org, http://www.aboutads.info, http://www.allaboutcookies.org or http://www.youronlinechoices.com to change your consumer preferences with respect to certain online ads and to obtain further information about third-party ad networks and online behavioral advertising.

Analytics

Like many websites, our Site uses analytics tools to collect information about your use of our Site. Your web browser automatically sends this information to our analytics vendor, such as the web address of the page that you visit and your IP address. Our analytics providers may also set cookies or read preexisting cookies. This information may be stored on the vendor´s servers. Our analytics provider may then use this information to provide us with reports about traffic to our Site and your visit to our Site (such as the domain from which you access the internet, the web address of the website from which you linked to our Site, the time and date of your visit to the web pages that you view and click-through). We will use this data to improve our Site structure and content.

Social Media

We are active on social media, including Facebook, X (formerly Twitter), Snapchat, Instagram, TikTok, and other similar platforms (“Social Media”). Anything you post on Social Media will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post or otherwise disclose on Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

HOW WE MAY USE YOUR INFORMATION

In addition to the uses noted above, we may also use the Personal Information that we collect or receive about you in order to:

provide our Services, including referring you to Providers and processing prescriptions at the Pharmacies;
as stated, or agreed to at the point of collection;
facilitate the provision of healthcare services by third party medical providers;
communicate with you about the Site and your use of our Services, to respond to your inquiries, to provide technical support and assistance, to deliver any administrative notices or alerts and communications relevant to your use of the Site or Services, and for other customer service purposes;
verify your identity in registering and holding an account;
administer your account, including processing payments and coordinating the fulfillment of any orders and prescriptions you receive from your healthcare providers;
provide, operate, analyze usage of and improve the Site and Services;
tailor the features, performance and support of the Site and Services to you and your preferences;
display advertising relating to our Services on our Site and on third-party sites;
market our services and those of third parties we believe may be of interest to you, including targeted offers and ads through our Site, third-party sites, and via email or text message (with your consent, where required by law);
investigate, prevent, defend against potential violations of BlueChew’s Terms and Conditions and any illegal activities;
fulfill any obligation of BlueChew as required by law;
to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, the Site, or other users of the Site; and
for any other purpose for which you provide your consent.

We use Tracking Technologies to: (i) make our Site function properly; (ii) provide personalized experiences; (iii) tailor our interactions with you; (iv) help with our marketing efforts; (v) provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and (vii) help us improve our services. Our Analytics and Ad Network providers include, but are not limited to:

Google Analytics. We Google Analytics to measure and report how users interact with our Website, emails, and advertisements to analyze the traffic to our Website and for the other purposes set forth above. For more information about Google Analytics and how it collects and processes data, please see “How Google uses information from sites or apps that use our services.” Google’s ability to use and disclose information collected by Google Analytics about your visits to the Site is restricted by Google’s Terms of Service and Privacy Policy. If you do not want your website visit data reported by the Google Analytics JavaScript, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript to prohibit sending visit information to Google Analytics, but does not prevent information from being sent to the website itself or in other ways to other website analytics services. You can choose not to be included in Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
Meta Pixel. Meta Pixel is a web analytics and advertising service provided by Meta Inc. With its help, we can keep track of what users do after they see or click on a Facebook or Instagram advertisement, keep track of users who access our Website or advertisements from different devices, and better provide advertisements to our target audiences. The data from Meta Pixel is also saved and processed by Facebook and Instagram. Meta can connect this data with your Facebook or Instagram account and use it for its own and others advertising purposes, in accordance with Meta’s Data Policy, which can be found at https://www.facebook.com/privacy/policy/. Please click here if you would like to withdraw your consent for use of your data with Meta Pixel https://www.facebook.com/settings/?tab=ads#_=_.
TikTok Pixel. The TikTok Pixel is a piece of code (also known as an HTML code snippet or tag) that is placed on our Site and collects data on user behavior such as page views, clicks, and conversions by our Site visitors and customers. The TikTok Pixel helps us gain insights into which ads are performing well, which audience types are engaging with your content, and which actions users are taking after clicking on your ads. You can learn more about how TikTok may use your data here: https://www.tiktok.com/legal/page/us/privacy-policy/en. To update your advertising preferences with TikTok, click here: https://support.tiktok.com/en/account-and-privacy/personalized-ads-and-data/

OPTING OUT OF MARKETING COMMUNICATIONS

You can stop receiving marketing emails from BlueChew by clicking the “unsubscribe” link included at the bottom of a BlueChew marketing email. You cannot opt out of transactional emails we need to send you relating to normal business operations (for example, updates regarding your orders and notifying you of a message from your Provider or Pharmacy). To opt out of all emails from BlueChew, you may email support@bluechew.com and cancel your BlueChew account.

INFORMATION WE DO NOT COLLECT

Minors Under the Age of 18

The Site and Services are not intended for minors under 18 years of age, and we do not knowingly collect Personal Information from minors under 18. If we learn we have collected or received Personal Information from a minor who is a child under age 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor under 18 or a child under 16, please contact us at the contact information listed below.

HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION WITH OTHERS

Personal Information

BlueChew may disclose your Personal Information as follows:

with one or more Providers for the provision of their healthcare services to you;
with employees and affiliates;
with Pharmacies in order to fulfill prescriptions from Providers and coordinate medication orders;
with service providers and vendors that we use to support the Site or otherwise in connection with administering and providing our Services, sending marketing and other communications, and billing and collections, including without limitation NMI and any other third-party payment processor;
with other third parties as we deem appropriate or necessary to comply with applicable laws or legal process, such as in response to a subpoena in compliance with applicable privacy laws, or to enforce our Terms and Conditions;
to a buyer or successor in the event of a sale, merger or other transaction that involves the transfer of such information to the other company;
law enforcement and other governmental agencies if we believe in good faith are legally required to disclose that Personal Information;
when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with our or a third party’s legal rights; and
with third parties for marketing, advertising, research or other purposes such as performing data and statistical analysis and troubleshooting security or other problems with our Site.
when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

Non-Personally Identifiable Information

BlueChew may disclose aggregated or de-identified information (in other words, information that does not personally identify you) without restriction, subject to applicable law. BlueChew is the sole and exclusive owner of such de-identified and aggregated information.

SAFEGUARDING PERSONAL INFORMATION

BlueChew employs reasonable technical, physical, administrative and organizational safeguards to safeguard Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction.

While BlueChew takes commercially reasonable measures to protect your Personal Information from loss, misuse and alteration, it cannot ensure or guarantee the security of any information you transmit to BlueChew or through the Site or our Services. BUECHEW DOES NOT COVENANT, REPRESENT, OR WARRANT THAT THE TRANSMISSION OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH INFORMATION, WILL BE SECURE.

ACCESS FROM OUTSIDE THE UNITED STATES

If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by other jurisdictions.

THIRD PARTY SITES

THIS PRIVACY AND SECURITY POLICY ONLY APPLIES TO BLUECHEW.

THE SITE MAY LINK TO WEBSITES NOT CONTROLLED BY US. BLUECHEW DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR, HOW THIRD PARTIES HANDLE YOUR PERSONAL INFORMATION, INCLUDING HEALTH INFORMATION, INCLUDING ANY THIRD PARTY MEDICAL PROVIDERS OR PHARMACIES. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD- PARTY WEBSITE FOR FURTHER INFORMATION.

Although we work closely with Providers and Pharmacies with whom you are connected via the BlueChew Services, this Privacy and Security Policy cannot and does not address how those Providers and Pharmacies will use and disclose information obtained via the Services. If you would like this information, we recommend that you ask your Provider directly regarding their privacy practices or access the Provider or Pharmacy privacy notice, which can be found here and here, respectively.

WHAT YOU SHOULD DO TO PROTECT YOUR INFORMATION

Your cooperation is imperative in safeguarding your Personal Information. Choose your account password carefully, as anyone with access to your account password may be able to assume your online identity, view and modify your information, including treatment information, communicate with BlueChew and your health care provider via the Site, and take other action. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a disclosed computer, choosing a robust password, and keeping your log-in and password private. If you suspect someone has accessed your account or that your account’s security has otherwise been compromised, please contact us immediately as set forth below.

Additionally, you will periodically receive email correspondence from BlueChew that may include information relating to the details of your treatment or account. Accordingly, it is critical that you safeguard your designated email address and restrict access thereto.

ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONAL INFORMATION

You may access and update certain information or deactivate your account from your profile page after logging into your account. Additionally, you may at any time request to access, correct or update any Personal Information by contacting us at support@bluechew.com

BlueChew will make reasonable efforts to respond promptly to all such requests. In certain circumstances, BlueChew may deny your request, such as if we believe the request would violate any law or cause the information to be inaccurate. We will inform you of the reason for any such denial.

You may at any time make a request for BlueChew to delete your Personal Information. BlueChew will promptly attempt to comply with all such requests, unless such requests are in conflict with any requirements to retain such information pursuant to applicable law or otherwise. When we delete your Personal Information, it will be deleted from the active database, but may remain in our archives. We may also retain and continue to use any information that does not personally identify you. Further, to the extent your Personal Information has been disclosed to third parties, BlueChew may not be able to access such Personal Information or cause the deletion or modification of such Personal Information by the relevant third parties.

REPORT VIOLATIONS

You should report any suspected violations of this Privacy and Security Policy to support@bluechew.com

QUESTIONS

If you have questions or concerns about this Privacy and Security Policy, please contact us at support@bluechew.com

PRIVACY INFORMATION FOR NEVADA RESIDENTS

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has made a purchase from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us at support@bluechew.com with the subject “Nevada Opt Out”. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

The California Consumer Privacy Act (“CCPA”) requires us to provide California residents additional disclosures as set forth below. Terms used below have the meanings given them under California law as applicable.

Personal Information collected in the last 12 months

Information on the specific data points that we have collected is set forth above in the section “Information We Collect About You”. These data points correspond to the following categories of Personal Information that we have collected in the last 12 months as follows:

identifiers (such as name, address, email address);
personal information described in Cal. Civ. Code Section 1798.80
characteristics of legally protected classifications under federal or California law;
commercial information (such as transaction data);
internet or other network or device activity (such as IP address);
general geolocation information;
visual information (such as your picture on your driver’s license);
“Sensitive Personal Information,” such as your driver’s license, financial account and payment information, and medical information including information regarding your sex life.

Purposes of Collecting Personal Information

We collect the above categories of Personal Information for the purposes set forth in the section above titled “How We May Use Your Information”.

Sources of Personal Information

We collect the categories of Personal Information from those sources set forth in the section above titled “Information We Collect About You”.

Retention

We may retain your Personal Information, including Sensitive Personal Information, for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you;
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

Categories of Third Parties to Whom Personal Information is Disclosed

In the last 12 months, all of the above categories of Personal Information were disclosed to the categories of third parties set forth in the section above titled “How We May Disclose Your Information with Others” for the applicable business purposes set forth above in the section titled “How We May Use Your Information”.

Sale or Sharing of Personal Information

We do not sell Personal Information for monetary compensation, however, under California law, sharing certain data to certain third parties online marketing and behavioral advertising may be considered the “sale” or “sharing” of your Personal Information. In the past 12 months, as contemplated by California law, we have sold or shared the following categories of information for purposes of online behavioral advertising to third party ad networks:

Identifiers;
internet and other electronic network activity
Inferences

We do not have any actual knowledge that we have sold or shared Personal Information of any consumer under the age of 16.

Sensitive Personal Information

We may use or disclose certain Sensitive Personal Information relating to health data or inferences relating to a consumer’s sex life with our third-party ad networks. You may opt-out of this collection as further detailed below.

Your California Privacy Rights

If you are a California resident, the CCPA allows you to make certain requests about your Personal Information. Specifically, the CCPA allows you to make the types of requests below at no charge:

Request to Delete

The right to request deletion of certain Personal Information we have collected.

Request to Access

The right to request access to and, subject to certain exemptions, receive a copy of the specific pieces of Personal Information that we have collected and to have this delivered, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, in a readily usable format.

Right to Know

The right to request information about the Personal Information we have collected about you, including:

Categories of Personal Information collected;
Categories of sources of Personal Information;
Business and/or commercial purposes for collecting, selling, or sharing Personal Information;
Categories of third parties with whom we have disclosed Personal Information;
Categories of Personal Information that we have disclosed with a third party for a business purpose; and
Categories of third parties to whom their Personal Information has been sold and the specific categories of Personal Information sold to each category of third party.

Right to Correction

The right to request that we correct inaccurate Personal Information.

Right to Opt Out of the Sale or Sharing of Personal Information

You have the right to limit uses and disclosures of Personal Information and may request to opt out of the sale or sharing of your Personal Information for online behavioral advertising by clicking on the “Privacy Choices” link at the bottom of our Site or by clicking on the link here to opt-out.

Right to No Discrimination or Retaliation

You also have the right to not receive discriminatory treatment or retaliation if you elect to exercise the above rights.

Submitting a Request to Delete, Access, Know, or Correct

If you are a California resident and you would like to make a request to delete, access, know, or correct your Personal Information under California law, email us at support@bluechew.com. Please include your full name, email address and address associated with your use of our Services, along with an identification of the rights you would like to exercise, so that we can process your request in an efficient manner.

If you would like to receive a copy of your medical record in connection with your request, please indicate that in your email message and we can pass your request to your Provider or Pharmacy.

Who May Exercise Your Rights

You may request the above on behalf of yourself or on behalf of a minor if you are the parent or legal guardian of the minor. In addition, you may authorize an agent to exercise your rights on your behalf, if you provide the agent with written signed permission.

Verification of Your Request

Once we receive your request, we will contact you to confirm receipt of your request. We will require sufficient information from you in order to verify your identity and the authenticity of your request. If you do not provide us with sufficient information in your request, we may request additional information to verify identity and the authenticity of the request. Certain types of requests may require additional verification, as we are subject to higher standards of authentication for certain requests.

If an authorized agent contacts us to exercise the above rights, we will need to verify their identity as well as your identity. We will also require proof of your written authorization to the agent to act on your behalf, unless the agent holds a lawful Power of Attorney under applicable laws, in which case we will require evidence of such Power of Attorney.

We may deny your request as permitted or as required by law and we may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Shine the Light Disclosure: Your Privacy Rights Regarding Third Party Marketing.

The California “Shine the Light” law, California Civil Code 1798.83, gives our California resident customers the right under certain circumstances to request information from us regarding the categories of Personal Information (as defined in the Shine the Light law) that we disclose to third parties or affiliates for their direct marketing purposes. To request such disclosure, contact us at support@bluechew.com and identify your request as “Shine the Light”.

If you have any questions about this Privacy Information for California Residents section, please contact us at support@bluechew.com.

PRIVACY INFORMATION FOR VIRGINIA RESIDENTS

If you are a Virginia resident, Virginia law requires us to provide you additional disclosures. Terms used in this Virginia Notice have the meaning given to those terms set forth in the Virginia Consumer Data Protection Act (“VCDPA”).

As a Virginia resident, you have the following rights regarding the Personal Information we collect about you:

Right to Know and Request Access

You have the right to request confirmation whether or not we are processing your Personal Information and to access such Personal Information.

Right to Data Portability

You have a right to obtain a copy of your Personal Information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.

Right to Request Correction

You have a right to request to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of such Personal Information.

Right to Request Deletion

You have a right to request deletion of Personal Information provided by or obtained about you.

Right to Opt-Out of Targeted Advertising or Sale

You have a right to opt-out of the processing of the Personal Information for purposes of (i) targeted advertising, (ii) the sale of Personal Information, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects on you.

Submitting a Request

You can exercise the foregoing rights by e-mailing us at support@bluechew.com. If we are unable to authenticate the request using commercially reasonable efforts, we will not be required to comply with your request to initiate an action of your rights and may request that you provide additional information reasonably necessary to authenticate your request.

If we reject or deny your request, you have the right to appeal our decision by submitting an appeal to support@bluechew.com. This appeal request must be submitted within a reasonable time following our rejection of your request.

De-identified Data Commitment

BlueChew will not attempt to re-identify any de-identified data that we maintain and use.

If you have any questions about this Privacy Information for Virginia Residents section, please contact us at support@bluechew.com.

PRIVACY INFORMATION FOR COLORADO RESIDENTS

If you are a Colorado resident, Colorado law requires us to provide you additional disclosures. Terms used in this Colorado Notice have the meaning given to those terms set forth in the Colorado Privacy Act (“CPA”).

Colorado consumers have the following rights under the CPA:

Right to Request Access.

You have the right to request confirmation of whether or not we are processing your Personal Data and to access such Personal Data.

Right to Data Portability.

You have the right to obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.

Right to Request Correction.

You have the right to request correction of inaccuracies in your Personal Data.

Right to Request Deletion.

You have a right to request deletion of Personal Data provided by or obtained about you.

Right to Opt-Out of Targeted Advertising or Sale.

You have a right to opt-out of the processing of your Personal Data for purposes of targeted advertising. You have the right to limit uses and disclosures of Personal Information and may request to opt out of the sale or sharing of your Personal Data for targeted advertising by clicking on the “Privacy Choices” link at the bottom of our Site or by clicking on the link here to opt-out.

Sensitive Personal Information

We may collect, process, disclose, and maintain certain Sensitive Data about you when you choose to use our Services, and by using our Services, you are opting in to disclose certain Sensitive Data to us. We do not use or disclose any Sensitive Personal Information for any purpose other than to provide the Services to you. Please contact us at support@bluechew.com if you wish to withdraw your consent.

Submission Process

The process for submitting a request to exercise the above rights is set forth below in the “Submitting State Privacy Requests” Section.

Right to Appeal.

PRIVACY INFORMATION FOR UTAH RESIDENTS

If you are a Utah resident, Utah law requires us to provide you additional disclosures. Terms used in this Utah Notice have the meaning given to those terms set forth in the Utah Consumer Privacy Act (“UCPA”).

Utah consumers have the following rights under the UCPA:

Right to Request Access.

You have the right to confirm whether or not we are processing your Personal Data and to access such Personal Data.

Right to Request Data Portability.

You have the right to obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another business without hindrance, where the processing is carried out by automated means.

Right to Request Correction.

You have the right to request to correct inaccuracies in your Personal Data, considering the nature of the Personal Data and the purposes of the processing of such Personal Data.

Right to Request Deletion.

You have the right to request deletion of Personal Data provided by or obtained about you.

Right to Opt-Out of Targeted Advertising or Sale.

Submission Process.

The process for submitting a request to exercise the above rights is set forth below in the “Submitting State Privacy Requests” Section.

PRIVACY INFORMATION FOR CONNETICUT RESIDENTS

If you are a Connecticut resident, Connecticut law requires us to provide you additional disclosures. Terms used in this Connecticut Notice have the meaning given to those terms set forth in Connecticut Data Privacy Act (“CTDPA”).

Connecticut consumers have the following rights under the CTDPA:

Right to Request Access.

You have the right to request confirmation of whether or not we are processing your Personal Data and to access such Personal Data.

Right to Data Portability.

Right to Request Correction.

You have the right to request correction of inaccuracies in your Personal Data.

Right to Request Deletion.

You have a right to request deletion of Personal Data provided by or obtained about you.

Right to Opt-Out.

Sensitive Personal Information

Submission Process.

The process for submitting a request to exercise the above rights is set forth below in the “Submitting State Privacy Requests” Section.

Right To Appeal.

Submitting Privacy Rights Requests

If you are a resident of Virginia, Colorado, Connecticut, or Utah, you may submit your privacy rights request to us by contacting us at support@bluechew.com.

You must provide sufficient information to allow us to reasonably verify you are the data subject to whom the Personal Information relates, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

When we receive your rights request (i) we will acknowledge receipt of your request; (ii) we will try to match the information you provide in making the request with information we already maintain about you; (iii) in order to verify your identity, we may ask you to provide additional information, which may include Personal Information; and (iv) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, and the likelihood of fraud.

We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why. In addition, we may decline to comply with your request as permitted by applicable law.

We may charge a fee as permitted by applicable law, such as to process or respond to your request if it is excessive, repetitive, manifestly unfounded, or if we believe the request is fraudulent or submitted for purposed other than exercising applicable privacy rights.

If you are a resident of Colorado or Connecticut, you may have a right to submit certain requests to exercise your rights using an authorized agent. If we receive a request from an authorized agent, we will need to verify and authenticate your identity as the data subject, the agent’s identity, and the agent’s authority to act on your behalf. We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

Furthermore, a parent or legal guardian may make a request on behalf of their dependent or non-adult child. We may deny a request if you are unable to prove that you are the custodial parent or legal guardian.

PRIVACY AND SECURITY POLICY

Last updated: September 17, 2024

​INFORMATION WE COLLECT ABOUT YOU

HOW WE MAY USE YOUR INFORMATION

​OPTING OUT OF MARKETING COMMUNICATIONS

INFORMATION WE DO NOT COLLECT

HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION WITH OTHERS

SAFEGUARDING PERSONAL INFORMATION

ACCESS FROM OUTSIDE THE UNITED STATES

THIRD PARTY SITES

WHAT YOU SHOULD DO TO PROTECT YOUR INFORMATION

ACCESSING, CORRECTING, UPDATING, AND DELETING YOUR PERSONAL INFORMATION

REPORT VIOLATIONS

QUESTIONS

PRIVACY INFORMATION FOR NEVADA RESIDENTS

PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

PRIVACY INFORMATION FOR VIRGINIA RESIDENTS

PRIVACY INFORMATION FOR COLORADO RESIDENTS

PRIVACY INFORMATION FOR UTAH RESIDENTS

PRIVACY INFORMATION FOR CONNETICUT RESIDENTS

Submitting Privacy Rights Requests

INFORMATION WE COLLECT ABOUT YOU

OPTING OUT OF MARKETING COMMUNICATIONS