PRIVACY POLICY

Last Updated: September 9, 2022

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE TREAT YOUR PERSONAL INFORMATION AS WELL AS YOUR CHOICES AND RIGHTS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE SITES.

THE SITES ARE INTENDED FOR USERS LOCATED IN THE UNITED STATES, AND IT IS NOT INTENDED FOR USERS LOCATED IN OTHER COUNTRIES, INCLUDING THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA.

INTRODUCTION

CPESN NY, LLC (also referred to herein as “we,” “us,” and “our”) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business. We also believe in transparency, and we are committed to informing you about how we treat the data we collect and process.

This Privacy Policy (the “Policy”) describes our practices regarding your personal information when you visit our websites, nyc.cpesn.com, upstateny.cpesn.com, and wny.cpesn.com (the “Sites”). 

This Policy does not apply if we are providing services for a “Covered Entity” (for example, a health care provider) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). In those situations, we act as a “Business Associate,” and we use and disclose Protected Health Information (“PHI”) only as permitted or required under applicable law and our business associate agreements. The Covered Entity’s notice of privacy practices describes and controls how we use and disclose PHI.

WHAT PERSONAL INFORMATION DO WE COLLECT?

What Personal Information Do We Collect? We may collect the personal information described below:

Category	Description
Contact Information	When you visit our Sites or contact us, we may receive your name, address, telephone number, and email address.
Communications and Inquiries	If you contact us, in addition to your Contact Information, we will receive any comments, content, questions, or other information that you choose to provide.
Cookies and Similar Technologies	Our Sites use cookies and similar technologies. Please see the “Cookies and Similar Technologies” section of this Policy for more information.
Usage Data	We may automatically collect information from your browser or device, including the date and time of access; information about what pages you visit and how you navigate the Sites; and your location, Internet Protocol (IP) address, device identifier, device type, operating system, and browser type.

 

Cookies and Similar Technologies

What are first and third-party cookies? A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” cookie). “Session” cookies are temporarily stored on your device and remain there until they expire at the end of your browsing session. “Persistent” cookies remain stored on your device until they expire or are deleted by you. Local shared objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you are visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

What are “similar technologies”? In addition to cookies, there are other data collection technologies, such as Internet tags, web beacons, pixels (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as you navigate through and interact with a website. For example, web beacons are tiny graphics with unique identifiers that are used to understand browsing activity. UTM codes are strings that can appear in a URL when you move from one web page or website to another. The string can represent information about your browsing, such as which advertisement, page, or publisher sent you to the receiving website.

What cookies and similar technologies are in use on the Sites? The Sites use cookies and similar technologies to improve functionality, to measure and track how you interact with the Sites, to perform analytics, to market to you, to track ad-driven activity, and to otherwise tailor our communications with you. For example:

Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the Sites and to better understand how they find and use the Sites. The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions. The information stored is reduced to a random identifier. Any data collected is used in accordance with this Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting https://www.google.com/policies/privacy/partners/ and https://support.google.com/analytics/answer/6004245. You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy at: https://www.google.com/policies/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page located at https://support.google.com/analytics/answer/181881?hl=en.

Other third-party technologies. Some third parties may use data collection technologies to collect information about you when you browse the Internet. We do not control these third parties’ technologies or how they may be used. If you have questions about targeted content, you should contact the responsible party directly or consult their privacy policies.

Choices about cookies and similar technologies. Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being stored. These settings may affect your enjoyment of the Sites’ functionality. Adjusting the cookie settings may not fully delete all of the cookies that have already been created. To delete them, you should review your web browser settings after you have changed your cookie settings. The links below provide additional information about how to disable cookies or manage the cookie settings:

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en 

Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences 

Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09  

Safari: https://support.apple.com/guide/safari/manage-cookies-sfri11471/mac  and https://support.apple.com/en-us/HT201265

For more information about how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/. You may learn more about internet advertising practices and related consumer resources at https://youradchoices.com/control, https://thenai.org/about-online-advertising/faq, and http://www.networkadvertising.org/choices.

HOW DO WE USE AND SHARE YOUR PERSONAL INFORMATION?

How Do We Use Your Personal Information? We may use your personal information for the purposes described below:

• Operate and improve our business, operations, services, and the Sites
• Provide you with services, content, customer service, and functionality
• Improve our services and customer service
• Develop new products and services
• Honor our terms of service and contracts
• Manage our relationship with you and your use of the Sites
• Communicate with you and respond to your feedback, requests, questions, or inquiries
• Register you for our text messaging and email list and send you periodic messages
• Engage with you on social media
• Enable you to share reviews, comments, questions, and answers
• Improve our marketing efforts, including by providing more tailored advertising
• Promote our products and services
• Contact you about other products and services
• Administer a contest, promotion, or survey
• Assess the success of marketing and advertising campaigns
• Ensure the privacy and security of our Sites and services
• Maintain our databases and back-ups, including records of our communications with you
• Detect fraud and prevent loss
• Support and improve the Sites, including evaluations of functionality and features
• Analyze use of the Sites and our services and prepare aggregate traffic information
• Recognize your device and remember your preferences and interactions
• Provide you with a more personal and interactive experience on the Sites
• Determine and track user interests, trends, needs, and preferences
• General operational support, including procurement, financial and fiscal management, risk and compliance management, and reporting
• Facilitate corporate mergers, acquisitions, reorganizations, dissolutions, or other transactions
• Obtain and maintain insurance coverage and professional advice
• Accomplish any other purpose (a) that is related or ancillary to any of the purposes described in this Policy, (b) that is described to you when you provide the information or to which you consent, or (c) for which we have a legal basis under law 
• Comply with federal, state, or local laws
• Comply with a civil, governmental, or regulatory inquiry, order, subpoena, summons, or process
• Cooperate with law enforcement agencies
• Exercise or defend legal rights or claims
• Create, use, retain, or disclose de-identified or aggregated data

How Do We Share Your Personal Information? We may share your personal information for the purposes described below:

Category	Description
Affiliates	We may share your information with our subsidiaries and affiliates and with their respective officers, directors, employees, and agents.
Corporate Transactions	We may disclose your information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of our company or some or all of our assets. If our business is acquired by or merged with another company, your information may be transferred to the new owners.
Legal Obligations	We may disclose information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws. We may also share information in order to establish or exercise our legal rights or claims; to defend against a legal claim; and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our contracts or terms.
Service Providers and Advisors	We may share information with our service providers and professional advisors (accountants, attorneys, etc.) that need access to information to provide services on our behalf.  For example, if you are a pharmacy network member, we may, with your consent, share your information with Constant Contact for the purpose of sending text messages and emails to our pharmacy network members about upcoming deadlines and events. For more information about how Constant Contact may collect, share, and use your information, visit https://www.constantcontact.com/legal/customer-contact-data-notice.
Third Parties	We may provide information about you to third parties that offer products and services specifically requested by you. We may also ask if you would like for us to share your information with other third parties, but will only do so if you consent.
De-Identified and Aggregated Data	We may share with third parties aggregated information and anonymous or de-identified that does not identify any specific individual, such as groupings of demographic data or user preferences.

 

HOW LONG DO WE KEEP YOUR INFORMATION?

We will keep your information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to operate our business, and to enforce our agreements.

We may delete your information if we believe it is incomplete, inaccurate, or that our continued storage of it is contrary to our objectives or legal obligations. When we delete data, it will be removed from our active servers and databases, but it may remain in our archives when it is not practical or possible to delete it.

We may retain and use anonymous, de-identified, or aggregated information for as long as is permitted under applicable law.

HOW DO WE PROTECT YOUR INFORMATION?

We have adopted security measures that are designed to protect the personal information under our control. From time to time, we review our security procedures and consider new technologies and methods.

But, no security system is perfect, and no data transmission is 100% secure. Although we strive to protect personal information, we cannot guarantee or warrant the security of any information transmitted to or from the Sites. Your use of the Sites is at your own risk. We cannot guarantee that your data will remain secure in all circumstances.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

YOUR RIGHTS AND CHOICES

Please use the “Contact Us” details provided at the end of this Policy to exercise your rights and choices under this Policy. We honor requests when we are required to do so under applicable law.

Email Preferences. We may send you emails about our Sites and services. If you do not want to continue receiving emails from us, you may opt-out by clicking the “unsubscribe” button at the bottom of our emails or by contacting us at ny@cpesn.com. Please provide your name and contact information in your request, and we will respond to your request in accordance with applicable law.

Update Your Information. Our goal is to keep your information accurate, current, and complete. If any of the information you have provided to us changes, please let us know via the “Contact Us” details at the end of this Policy. We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete personal data that you provide to us.

Complaints. If you believe your rights relating to your personal information have been violated, please contact us via the “Contact Us” details provided at the end of this Policy.

California. Under California Civil Code § 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us, once each calendar year, information about the information we shared (if any) with other businesses for direct marketing uses. We do not currently share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the California’s “Shine the Light” requirements, and only information regarding covered sharing (if any) will be included in our response. As a part of the California Online Privacy Protection Act, all users of our Sites may make any changes to their information at any time by contacting us at ny@cpesn.com.

Nevada. Nevada residents may submit a verified request to us at ny@cpesn.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

THIRD PARTY SITES AND SERVICES

This Policy only applies to the Sites. It does not apply to any websites, applications, or services from third parties.

The Sites may include links to, or content from, third parties. These links are to external resources and third parties that have their own privacy policies. It may not always be clear which links are to external, third-party resources. If you click on a third-party link, you will be redirected away from the Sites. You can check the URL to confirm whether you have left the Sites.

We cannot and do not (1) guarantee the privacy or security practices of third parties or any content provided by third parties; (2) control third parties’ collection or use or your information; or (3) endorse any third-party information, products, services, applications, or websites.

Any information provided by you or collected from you by a third party will be governed by that party’s privacy policy and terms of use. You should review their privacy policy and terms of use carefully.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

Our Sites and services are not directed to children under the age of 13, and we do not knowingly collect information from children under the age of 13. No one under the age of 13 may access, browse, or use the Sites or provide any information to us. If we learn that we have collected or received personal information from a child under the age of 13 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and to delete it. If you believe we have received information from a child under the age of 13, please contact us using the “Contact Us” details provided below.

For more information about the Children’s Online Privacy Protection Act, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule. 

UPDATES AND CHANGES

We may update this Policy from time to time. If we change this Policy, we will post the revised version on our Sites. Any changes, updates, and modifications will be effective immediately upon posting. If we make material changes, we may also notify you through a notice on the homepage and/or send you an email regarding the updates.

You should read this Policy carefully before using the Sites, and you should review it from time to time so that you are aware of its current terms. Your continued use of the Sites after the “Last Updated” date will constitute your acceptance of and agreement to any changes and to our collection, use, and sharing of your information according to the then-current Policy. If you do not agree with this Policy, you should not use the Sites.

CONTACT US

For more information or if you have questions about this Policy, you may contact us using the information below:

Mail: CPESN NY, LLC

1479 Kensington Ave

Buffalo NY 14215

Email: ny@cpesn.com