PRIVACY POLICY & TERMS OF USE Effective Date: 05/01/2016 PLEASE REVIEW THIS NOTICE CAREFULLY. Bari Life Bariatric Supplements, LLC (“Bari Life”) respects your privacy and is committed to protecting all of your personal information. This Privacy Policy (this “Policy”) applies to www.Bari Life.com (the “Website”), which is owned and operated by Bari Life. By visiting this Website, or by submitting your personal information, you agree to and accept the terms set forth in this Policy. As used herein, the terms “we” and “us” shall refer to Bari Life Bariatric Supplements, LLC.
I. INTRODUCTION. This Policy describes how your personal information may be used, how it may be disclosed, and how you can obtain access to this information. This page will also serve as a summary of your privacy rights. Certain information which may be provided by you may qualify as protected health information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Federal law (45 C.F.R. Part 160 and Part 164, Subparts A and E) requires that your PHI be kept private. We must give you this Policy about our privacy practices and follow the terms of this Policy while it is in effect. Your use of Bari Life’s Products indicates your acceptance of the terms of this Policy.
II. COLLECTION OF YOUR PERSONAL INFORMATION. Bari Life manufactures, distributes and sells a specialty line of vitamins and related nutritional supplements (the “Products”) intended for use by individuals who have undergone bariatric surgery. More information about the Products is available on our Website. The Products should only be used under the supervision of your treating physician (your “Provider”). In connection with your purchase of the Products, you may be asked to provide personal information such as your name, address, telephone number, date of birth, e-mail address, gender, weight, age, ethnicity, health insurance information, credit card or other billing/payment account information, and other pertinent data. You may provide your information directly through the Website, or you may have provided us your information through your Provider, whom you have authorized to share your information with Bari Life. Bari Life may use the telephone number and/or the e-mail address you provide to communicate with you regarding the Products. Your e-mail address may also be used by Bari Life to provide order information, product information, payment reminders, changes in payment methods or practices, or other information relating to the Products as described in this Policy. Your personal information will not be shared by Bari Life with any other third parties, except as provided in this Policy. Bari Life will collect credit card or billing/payment account information and we will maintain in encrypted form on secure servers. In order to purchase the Products, you will need to provide certain PHI about yourself to either Bari Life or your Provider. Here are some examples of the types of PHI we gather: Information You Give to Bari Life – Examples of the types of information you may provide us include measurements, such as weight, blood pressure or glucose levels, lab results, medications, health history, and other health or PHI, such as prescription information. Information You Give to Third-Party Sources – Health related information about you received from third parties (such as Providers (e.g., hospitals, nurses, doctors) or family members) as well as personally identifiable and other health-related information you provide specifically related to family members who may be purchasing Products under your account. Demographic Information – Such as age, ethnicity, education, gender, Social Security Number and Zip Code.
III. HOW YOUR INFORMATION MAY BE USED. Bari Life may gather PHI primarily to fulfill your order for Bari Life Products. However, in limited circumstances, Bari Life may use de-identified, non-personal information for statistical analysis, improvement of Bari Life’s Products and services, and customization of web design and content layout. Uses and Disclosures of PHI. You authorize Bari Life to use and disclose your PHI as permitted by applicable law and as follows: For Payment. Bari Life may use and disclose your PHI with third parties who may help pay for your healthcare expenses, such as health insurers or health plans, in connection with the processing and payments of claims and other charges. Business Associates. From time to time, Bari Life may contract with outside businesses to provide some services. To the extent required under HIPAA and applicable laws, Bari Life will require that the contracted party must enter into a Business Associate Agreement with Bari Life, which requires said third party to protect PHI that is shared with them. Furthermore, PHI will only be provided to third party businesses for the limited scope of performing required services to help facilitate Bari Life’s business operations and/or the sale and delivery of Products to you. Any disclosure of PHI to third parties will be covered by the Business Associate Agreement set forth at the end of this Policy. BARI LIFE MAKES NO REPRESENTATION OR WARRANTY THAT THE BUSINESS ASSOCIATE AGREEMENT IS NECESSARY AND/OR SUFFICIENT FOR THE COMPLIANCE WITH HIPAA, THE PRIVACY AND SECURITY RULES, AND/OR ANY OTHER APPLICABLE LAW OR REGULATION PERTAINING TO THE CONFIDENTIALITY, USE OR SAFEGUARDING OF HEALTH INFORMATION. BARI LIFE MAKES NO REPRESENTATION THAT THE DISCLOSURES OF INFORMATION BY YOU OR ANY PROVIDER ARE PERMISSIBLE UNDER HIPAA AND/OR THE PRIVACY AND SECURITY RULES. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS YOU MAKE REGARDING THE USE, DISCLOSURE OR SAFEGUARDING OF YOUR PROTECTED HEALTH INFORMATION. For Refill Reminders. Bari Life may contact you to remind you about refills or replenishment of the Products. As Required By Law. Bari Life may use and disclose your PHI when required to do so by federal, state or local law. To Prevent A Serious Threat To Health Or Safety. Bari Life may use and disclose your PHI to prevent a serious threat to your health and safety and that of others. Bari Life will only disclose your PHI with persons who can help prevent the threat. Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent, we may post your testimonial (along with your name, if you so authorize us). How Bari Life May Use and Disclose PHI – Special Situations. Public Health Risks. Bari Life may share your PHI for public health activities, as required by federal, state or local law. For example, we may share your PHI: to prevent or control disease, injury or disability; to report reactions to medicines or problems with products; to tell you about product recalls; to tell you if you have been exposed to a disease or may be at risk for catching or spreading a disease or condition; De-Identified Information. Bari Life may use, disclose, and request PHI if the Health Information to be used or disclosed is de-identified pursuant to the procedures set forth in 45 C.F.R. 145.514(a)-(c). Health Oversight Activities and Registries. Bari Life may share your PHI with government agencies that oversee health care. Bari Life may do so for activities approved by law. These activities include, but are not limited to, audits, investigations, inspections and licensure surveys. The government uses these activities to monitor the health care system. It also monitors the outbreak of disease, government programs, compliance with civil rights laws, and patient outcomes. Bari Life may share PHI with government registries, if required. Lawsuits and Disputes. If you are in a lawsuit or a dispute, Bari Life may share your PHI in response to a lawful subpoena, court order, or other lawful process. Law Enforcement. Bari Life may share PHI if asked to do so by a law enforcement official under limited circumstances as follows: to respond to a court order, subpoena, warrant, summons or similar process; to identify or locate a suspect, fugitive, material witness, or missing person; about the victim of a crime, if under certain limited circumstances, Bari Life is unable to obtain the victim’s agreement; Decedents. Bari Life may, under limited circumstances, disclose your PHI to coroners, medical examiners, funeral directors for the purposes of identification, determining the cause of death and fulfilling duties relating to decedents. National Security. Bari Life may share, if required, your PHI with the proper federal officials for national security reasons.
IV. HOW SECURITY IS HANDLED AT BARI LIFE. The importance of security for all personal information including, but not limited to, PHI associated with you is of utmost concern to us. Bari Life uses commercially-reasonable efforts to protect your personal information and PHI, including HIPAA-compliant software, processes and technologies, in order to provide secure transmission of your information. PHI collected by our Website is stored in secure operation environments that are not available or accessible to the public. Bari Life is not only HIPAA-compliant, but also utilizes leading technologies to ensure the utmost security of our customers’ information and PHI. Bari Life uses firewall security and data encryption for each customer’s sensitive PHI to ensure the highest level of security, which meets or exceeds the requirements promulgated under HIPAA (defined below). Bari Life is the sole owner of the information collected on its Website. Bari Life will not sell or lease your information to others. Bari Life will not sell or lease any customer lists, e-mail addresses, cookies or other data without your authorization. Cookies and Tracking Technologies. Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. Bari Life uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Bari Life has no access to or control over these cookies. This Policy covers the use of cookies by Bari Life only and does not cover the use of cookies by any third-party. Security on Our Website. When you interact on our Website, your PHI and other information including, but not limited to, your credit card number and delivery address, is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your entered information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Bari Life also takes the following measures to protect your PHI online: Passwords. To provide you with an increased level of security, online access to your PHI is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Bari Life will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or e-mail messages). Information. Since any entered information you provide to us on our Website will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order products through our website. The most recent versions of Safari, Netscape Navigator, Microsoft Internet Explorer and Firefox can support a secure connection and can be downloaded for free from their respective websites. No Data Transmission Can Be Guaranteed to be 100% Secure. While we strive to protect your PHI from unauthorized access, use or disclosure, Bari Life cannot guarantee the security of any information that you transmit to us via e-mail or on our Website.
V. YOUR PRIVACY RIGHTS. We are required by law to make sure that PHI that identifies you is kept private, give you this Policy of our legal duties and privacy practices concerning your PHI, and follow the terms of this Policy currently in effect. Your Rights Regarding Your PHI. You have the following rights regarding PHI that Bari Life collects or maintains about you: Right to Inspect and to Receive Copies. You have the right to view and receive copies of the PHI collected and maintained by Bari Life, provided you submit your request in writing. Bari Life may deny your request to view and/or copy your PHI in limited circumstances. If your request is denied, Bari Life will inform you of the reason(s) of the denial and you have the right to request a review of the denial. Bari Life may charge a fee for the costs of processing your request. Contact Customer Service for more information at info@barilife.com Right to Amend. If you think that personal information Bari Life has about you is wrong or incomplete, you have the right to ask for an amendment to your record. To request deletion of any personal information or ask for a change to your record, you must make your request in writing and submit it to Customer Service. If we are not able to comply with your request, we will respond with an explanation. Bari Life may, under the following limited circumstances, deny your request for an amendment to your record. Bari Life may deny your request if it is not submitted in writing or does not include a reason to support the request. Bari Life may also deny your request if you ask Bari Life to amend information that: Bari Life did not create, unless the person or entity that created the information is no longer available to make the amendment; is not part of the information which you are permitted to inspect and to receive a copy; or is accurate and complete. We will retain your information for as long as your account is active or as needed to provide you Products. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Right to an Accounting of Disclosures. You have the right to get a list of the disclosures Bari Life has made of your PHI. This list will not include all disclosures that Bari Life has made. For example, this list will not include disclosures that Bari Life made for payment from third party insurers. It will not include disclosures made before June1, 2007, or disclosures you specifically approved. To ask for this list, you must submit your request in writing. Right to Request Restrictions. You have the right to ask for a restriction or limitation on the PHI Bari Life uses or discloses for payment or other purposes. You also have the right to ask for a limit on the PHI that Bari Life discloses with someone who is involved in your care or in the payment for your care. Such a person may be a family member or friend. Bari Life is not required to comply with your request. If Bari Life does agree, we will fulfill your request unless the information is needed to provide you with emergency treatment or if otherwise required by law. To ask for restrictions, you must make your request in writing. You must tell us: what information you want to limit; how you want us to limit the information; and to whom you want the limits to apply. Right to Request Confidential Communications. You have the right to request confidential communications of your PHI or medical matters. You may request that Bari Life communicate with you through specific means or at a specific location. You must make your request in writing. Bari Life will fulfill all reasonable requests. Right to a Paper Copy of This Policy. You may ask Bari Life to give you a written copy of this Policy at any time. Even if you have agreed to get this Policy electronically, you still have a right to a paper copy of this Policy. If you click on a link to a third party site, you will leave the Bari Life Website and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your PHI by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as Bari Life. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to our site, you should read that site’s privacy policy before providing any personal information.
VI. REVISIONS TO THIS NOTICE. Bari Life strives to innovate and implement new features as part of its Website and Product offerings. As a result, our privacy practices may change. We may revise this Policy to reflect any changes in our privacy practices. We reserve the right to make the revised Policy effective for PHI we already have about you. It also will be effective for any information we receive in the future. The effective date of this Policy is set forth above. If we make any material changes, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this Website.
VII. SOCIAL MEDIA / WIDGETS. Our Website may include one or more Social Media features, such as a Facebook button [and other similar widgets, such as the “share this” button or interactive mini-programs that run on our Website]. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social Media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
VIII. OPT-OUT POLICY / COMPLAINTS. Opt-Out Policy. If you do not wish to receive certain communications from Bari Life, you may opt out by declining the service offered or informing us that you no longer wish to receive such communications. We will comply with your request unless such communications are necessary for the administration of your account, required by law, or necessary to protect our rights Complaints. If you think your privacy rights have been violated, you may file a complaint with us in writing at the address listed below. We appreciate your feedback and we will address your concerns to the best of our abilities. You may also contact us for further information about your privacy rights by emailing us at info@barilife.com, as well as by post mail: Bari Life Bariatric Supplements, LLC 505 Milwaukee Way Knoxville, TN 37932 Attn: Privacy and Security
IX. ACCEPTANCE. By using this Website and Bari Life’s Products, you acknowledge your acceptance of Bari Life’s Policy of Privacy Practices (as the same may be amended from time to time) and agree to the terms described herein. If you do not agree with this Policy, you should not use Bari Life’s Products. It is recommended that you read this Policy before use of the Products to ensure that you have not missed any changes to the Policy or our privacy practices. Your continued use of the Products following any changes to the Policy signifies your acceptance of those changes.
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