Last updated: July 22, 2024
H & H DERM, LLC, and its affiliates (" Apostrophe" " we ," or " us") owns and operates the website (the " Website") located at www.apostrophe.com and may now or in the future own and/or operate a mobile application (collectively, the " Platform"). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (" Content"), any products or services provided through the Platform or otherwise by Apostrophe, and any affiliated website, software or application owned or operated by Apostrophe (collectively, including the Platform and the Content, the " Service") are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the Apostrophe Terms and Conditions (" Terms and Conditions").
We are committed to respecting the privacy of users of the Service. We created this Privacy Policy ( " Privacy Policy" ) to tell you how Apostrophe collects, uses and discloses information in order to provide you with the Service.
By creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the "Last updated" date of the Privacy Policy.
If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual's behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.
Our Service is generally intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. Individuals who are between the ages of thirteen (13) and eighteen (18) (or such older age of majority) may use the Service for the sole purpose of obtaining a medical consultation for the treatment of acne using topical skincare products (to the extent made available) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in our Terms and Conditions and the Service. The Service is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under sixteen (16) years of age, then you (or your parent or legal guardian if you are under age 13) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request ("Request for Removal of Minor Information") to either of the following:
For each Request for Removal of Minor Information, please state "Removal of Minor Information" in the email or letter subject line, and clearly state the following in the body of the request:
We will not accept any Request for Removal of Minor Information via telephone or facsimile. Apostrophe is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires Apostrophe to maintain the content or information; when Apostrophe maintains the content or information on behalf of your Providers (as defined in our Terms and Conditions) as part of your electronic medical record; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when Apostrophe anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of Apostrophe's voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that Apostrophe is subject to the Children's Online Privacy Protection Act, the Federal Trade Commission's Children's Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
When you set up an account with Apostrophe, you are creating a direct customer relationship with Apostrophe that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to Apostrophe, including but not limited to, your name, email address, shipping address, phone number and certain transactional information, that we do not consider to be "protected health information" or "medical information".
However, in using certain components of the Service, you may also provide certain health or medical information that may be protected under applicable laws. Apostrophe is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, " HIPAA"). One or more of the Labs, Pharmacies or Medical Groups (as defined in our Terms and Conditions) may or may not be a "covered entity" or "business associate" under HIPAA, and Apostrophe may in some cases be a "business associate" of a Pharmacy or Medical Group. 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 may not apply to your transactions or communications with Apostrophe, the Medical Groups, the Providers, the Labs, or the Pharmacies. To the extent Apostrophe is deemed a "business associate" however, and solely in its role as a business associate, Apostrophe, may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA, that you provide to Apostrophe, the Medical Group or the Providers (" PHI"). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, " Protected Information"), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.
The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
By accessing or using any part of the Service, you understand that even if HIPAA does apply to Apostrophe, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information that you submit to Apostrophe that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers, laboratory services by the Labs or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to Apostrophe in order to register and set up an account on the Platform, including name, username, email address, shipping address and phone number, are not considered Protected Information.
The personal data we collect depends on how you interact with us, the services you use, and the choices you make.
We collect information about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.
Information you provide directly. We collect personal data you provide to us. For example:
Name and contact information, such as your name, email address, phone number, and billing and physical addresses.
Demographic data, such as your gender, date of birth, and zip code.
Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram).
Payment information , such as your credit card number, financial account information, and other payment details.
Content and files , such as photographs, videos, documents, and other files you upload to our Service. This includes email messages and other communications you send to us.
Sensitive personal information :
Information we collect automatically. When you use our services, we collect some information automatically. For example:
Information we create or generate. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics ("inferences"). For example, we infer your general geographic location (such as city, state, and country) based on your IP address.
Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:
When you are asked to provide personal data, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
Apostrophe provides management services to the medical providers and certain pharmacies you may access through our Service. As a result, we may store additional health information on their behalf, including your medical record, communications with providers, medical history, and prescription information.
We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our website and online services and to help collect data, including usage data, identifiers, and device information.
What are cookies and similar technologies?
Cookies are small text files placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.
Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our website (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables us and our third-party analytics and advertising partners to access these mobile IDs.
How do we and our partners use cookies and similar technologies?
We, and our analytics and advertising partners, use these technologies in our website, apps, and online services to collect personal data (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our services, including personal data about your online activities over time and across different websites or online services. This data is used to store your preferences and settings, enable you to sign-in, analyze how our website and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the data we collect or infer with third parties for these purposes. For more information about the third-party analytics and advertising partners that collect personal information on our services, please see the "Our Disclosure of Personal Data" section of this statement.
What controls are available?
There are a range of cookie and related controls available through browsers, mobile operating systems, and elsewhere. See the "Choice and Control of Personal Data" section below for details.
We use the personal data we collect for purposes described in this privacy statement or as otherwise disclosed to you, subject to the limitations addressed in the Protected Health Information Section above. For example, we use personal data for the following purposes:
Additionally, we may use your browsing and other activity on the Service to promote and market Apostrophe, the Service, and the products and/or services offered via the Service, as well as to measure our advertising and marketing efforts. Depending on your activity on the Service, this may include information related to you visiting health-related pages on the Service. In some states, we may be required to obtain your consent prior to using information that constitutes sensitive personal information. While we may use information about your browsing activity on health-related pages, we do not use Protected Information for advertising or marketing.
We may de-identify your information and use, create and sell such de-identified information or any business or other purpose not prohibited by applicable law.
We disclose personal data with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to:
Third party analytics and advertising companies also collect personal data through our website and apps including identifiers and device information (such as cookie IDs, device IDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data, as described in the "Cookies" section of this statement. These third-party vendors may combine this data across multiple sites to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information at www.google.com/policies/privacy/partners.
Other third-party analytics and advertising providers we use on our website include, for example:
NOTICE: We may sell your sensitive personal data. “Sell” in this context refers to "sell" as defined in certain state privacy laws.
Some of the data disclosures to these third parties may be considered a "sale" or "sharing" of personal information as defined under the laws of California and other U.S. states. Please see the "Choice and Control" and "California Privacy Rights" sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal data to any of those third parties, or allow us to share personal data with them, that data is governed by their privacy statements.
Finally, we may disclose de-identified information in accordance with applicable law.
We provide a variety of ways for you to control the personal data we hold about you, including choices about how we use that data. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law.
If you wish to access, copy, download, correct, or delete personal data about you that we hold, please visit privacy.apostrophe.com.
You can choose whether to receive promotional communications from us by email or SMS. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the "Contact Us" section below. These choices do not apply to certain informational communications including surveys and mandatory service communications.
There are certain browser and platform controls that may be available to you in order to opt-out from or otherwise control targeted advertising as described below. You can use the opt-out controls offered by the organizations our advertising partners may participate in, which you can access at:
You can use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, you will need take these actions from those systems to set applicable controls for those systems.
Some privacy laws define "sale" broadly to include some of the disclosures described in the "Our Disclosure of Personal Data" section above. To opt-out from such data "sales" you can use the Global Privacy Control setting or click on "Your Privacy Choices" on the bottom of our webpage.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the "Global Privacy Control" (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers include a "Do Not Track" (DNT) setting that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there is not a common understanding of how to interpret the DNT signal; therefore, our websites do not respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the GPC, cookie controls, and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law.
Finally, please note that this Privacy Policy applies only to your "personal information," which is separate from "medical information" or "protected health information." To understand our information practices and your rights with respect to such information, visit the Medical Groups Notice of Privacy Practices.
Apostrophe may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or Apostrophe. Apostrophe may dispose of or delete any such information at any time except as set forth in any other agreement or document executed by Apostrophe or as required by law.
Similarly, the Medical Groups, Providers, Pharmacies, and Labs may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with their products and/or services. The Medical Groups, Providers, Pharmacies, and Labs may dispose of or delete any such information at any time except as set forth in any other agreement or document executed by such parties or as required by law.
Other third parties with whom we share your information have their own policies and procedures with respect to how long they may retain your information and how and when they dispose of or delete your information.
In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Apostrophe without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Apostrophe's third-party online payment processing vendor, Stripe (" Stripe"). Additional information about Stripe, its privacy policy and its information security measures (collectively, the " Stripe Policies") should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stipe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Apostrophe's relationship with Stripe, if any, is merely contractual in nature, as Stripe nothing more than a third-party vendor to Apostrophe, and is in no way subject to Apostrophe's direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (CCPA), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this statement by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy statement. You may make such a "request to know" by visiting privacy.apostrophe.com or emailing us at [email protected].
Rights to Request Correction or Deletion. You also have rights to request that we correct inaccurate personal information and that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to correct or delete, visit privacy.apostrophe.com or email us at [email protected].
Right to Opt-Out / "Do Not Sell or Share My Personal Information". You have a right to opt-out from future "sales" or "sharing" of personal information as those terms are defined by the CCPA.
Note that the CCPA defines "sell," "share," and "personal information" very broadly, and some of our data sharing described in this privacy statement may be considered a "sale" or "sharing" under those definitions. In particular, we let advertising and analytics providers collect identifiers (IP addresses, cookie IDs, and mobile IDs), activity data (browsing, clicks, app usage), device data, and geolocation data through our sites and apps when you use our online services, but do not "sell" or "share" any other types of personal information. If you do not wish for us or our partners to "sell" or "share" personal information relating to your visits to our sites for advertising purposes, you can make your request by clicking on the "Do Not Sell or Share My Personal Information" link at the bottom of the page or using a Global Privacy Control. If you opt-out using these choices, we will not share or make available such personal information in ways that are considered a "sale" or "sharing" under the CCPA. However, we will continue to make available to our partners (acting as our service providers) some personal information to help us perform advertising-related functions. Further, using these choices will not opt you out of the use of previously "sold" or "shared" personal information or stop all interest-based advertising.]21
We do not knowingly sell or share the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law.
To opt-out from such additional purposes, please visit click on "Your Privacy Choices" page or use the Global Privacy Control described in the "Choice and Control" section of this statement.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the "Shine the Light" law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes ("California Customers") may request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes.
Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law.
Miscellaneous
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account password secure and your Account confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the "Contacting Us" section below.
When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications. We do not currently respond to web browser "do not track" signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Apostrophe may supplement, amend, or otherwise modify this Privacy Policy at any time. Such supplements, amendments and other modifications will be posted on this or a similar page of the Service, and shall be deemed effective as of the "Last Updated" date; provided, however, that Apostrophe will notify you and/or require you to accept the updated Privacy Policy if the supplemented, amended or otherwise modified Privacy Policy implements material changes from Apostrophe's then-current Privacy Policy. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Service.
Contacting Us
If you have any questions about this Privacy Policy, please contact us by email at [email protected] or by regular mail at:
H & H DERM, LLC
2269 Chestnut Street, #523
San Francisco, CA 94123
Attn: Privacy Officer