Effective Date: June 14, 2013
Privacy Policy
Medical Security Card Company, LLC ("MSC") takes seriously the confidentiality of your personal information. The following Privacy Policy sets forth our information gathering and dissemination practices related to information you give us through this Website which is associated with our program offerings and services, ("Website"). BY ACCESSING OR USING THE WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT ACCESS THE WEBSITE.
MSC respects your privacy. We strive to make your dealings with us as private, easy and secure as possible. We do not sell, rent or loan personally identifiable information provided to us through this website to any third party. In administering our programs, we receive personally identifiable information from various sources including pharmacies that process claims, plan sponsors, and through our interactions with you. We need this information to administer our programs for you. This information is not transferred, sold or otherwise disclosed to third parties, except as is necessary for the proper administration of our programs or as may be required by law. In addition, we may use and share aggregated information that does not uniquely identify you when it enables us to improve and enrich our services and website content. MSC also reserves the right to use and share your information in the event MSC believes doing so is necessary to operate the Website or where such disclosure may be required by law, or to protect MSC's right or the rights of others.
MSC reserves the right to modify or amend this Privacy Policy at any time. All changes will be effective immediately upon their posting to the Website. Material changes will be conspicuously posted on the Website and notice of material changes to this Privacy Policy will be posted on our website at least ten days in advance of the date they become effective. By accessing or using the Website after such changes are posted you agree and consent to all such changes.
MSC maintains full rights to any information collected on the Website, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law. In the event of a change in control of MSC or sale by MSC of substantially all of its assets, any information owned by or in the control of MSC may be transferred to such MSC successor, who will comply with the terms of this Privacy Policy.
Personal Information We Collect and How We Use It
MSC may collect information you voluntarily share with us in submitting an application for services, as well as other information, for example through Internet Protocol ("IP") addresses and the use of "cookies", which may be placed on your computer when you access the website. (See the sections on IP Addresses and Cookies below.) This information is described below.
Information you give us
MSC may collect any content, record, or electronic communication of any kind that you send or give us, including without limitation your (1) contact information, (2) financial information, (3) demographic information, and (4) other personal information required to process your application to request services from MSC, so that we may provide you with the information or services that you request, and so that we may communicate with you and send you information and materials for marketing and other purposes that we think may be of interest to you.
As an added feature of our programs, upon your authorization we may also provide you with special information that may be of particular value to you to enhance your health, such as drug price comparisons and/or special savings opportunities through programs available to our cardholders. If you are interested in receiving such information, please call our Customer Care team at 1-800-700-3957.
Online Health Initiative Survey
MSC may offer the opportunity to participate in an Online Health Initiative Survey, which will request from you certain information on medical and other conditions. Your answers to an online Health Initiative Survey will allow us to send you educational information on certain medical conditions as well as information on additional savings opportunities related to the treatment of those medical conditions. We protect all your personally identifying information as confidential and we do not sell it, or share it with anyone other than those necessary to administer the provision of related education health and savings information to you.
The online health initiative survey service provided through the Website is different from the diagnostic services typically provided by a physician and the results should not be considered as the advice of a health care professional. This service will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the survey results may not take into account particular facts or information that would affect a physician's opinion of your medical condition. In some cases, the facts may be critical to the opinion.
BY DECIDING TO ANSWER THE HEALTH INITIATIVE SURVEY, YOU ACKNOWLEDGE AND AGREE THAT THE HEALTH INITIATIVE SURVEY IS NOT INTENDED TO REPLACE A FULL MEDICAL EVALUATION OR A FACE-TO-FACE VISIT WITH A PHYSICIAN. FURTHER, YOU ACKNOWLEDGE AND AGREE TO SOLELY ASSUME THE RISK OF THESE LIMITATIONS AND FURTHER UNDERSTAND THAT NO WARRANTY OR GUARANTEE HAS BEEN MADE TO YOU CONCERNING ANY PARTICULAR RESULT OR CURE OF YOUR CONDITION.
Other Information We Collect and How We Use It
IP Addresses
MSC may log IP addresses for system administration and security purposes. IP addresses will not be used to track a user's session. This information only helps us determine how often different areas of the Website are visited. MSC does not link IP addresses to any information that is personally identifiable.
Cookies
MSC may use cookies to track the use of the Website and to facilitate and enhance your experience on the Website. "Cookies" are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies may enable us to facilitate access to different aspects of the Website. By showing when and how individuals visit the Website, cookies may help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of the Website, for example, by remembering your address or other personal information when you request information or services on the Website. Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of the Website.
Access by Children
The Website is not directed toward children under 18 years of age and MSC does not knowingly collect or use information from children under 18 through the Website.
E-mail Communication
MSC may use your personal information and other information collected through this website to send you promotional communications that we believe may be of interest to you. You have the opportunity to opt-out of receiving such promotional communications from us at any time. To discontinue your receipt of such promotional communications, simply reply to the email you receive with the word "Remove" in the subject line.
Security
We limit access to personally identifiable information about you to our employees and third-party agents, who we reasonably believe need to have access to your information to provide you with the information or services you request from MSC. The Website has security measures in place to help protect against the loss, misuse and alteration of the information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, MSC uses industry standards, such as Secure Socket Layers ("SSL") technology, to help safeguard against such occurrences. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our website to ensure confidentiality. In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, MSC will notify you of such a breach pursuant to applicable law.
Access to Your Personal Information
If you wish to have access to your personal information in our records, please contact us with your request by email or telephone through the contact information listed below. You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information by contacting us through the contact information listed below.
Third-Party Websites
The Website may link to, or be linked to, other websites not maintained by or related to MSC, such as plan sponsors, participating pharmacies, other business partners or organizations providing further educational information. MSC is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.
Contacting Us
If you have any questions or concerns regarding this Privacy Policy, please contact us as follows:
Via Mail at:
Medical Security Card Company, LLC
4911 E. Broadway Boulevard
Tucson, AZ 85711
Attention: Compliance Department
Or Via E-Mail at: [email protected]
Or Via Phone at: 1-800-700-3957
A Customer Care Representative will take note of your question or concern and forward it promptly to the appropriate party.
Terms and Conditions
IN NO EVENT SHALL MSC OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.
THE WEBSITE IS PROVIDED BY MSC ON AN “AS IS” BASIS. MSC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MSC MAKES ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION AND DATA ON THE WEBSITE ARE ACCURATE AND RELIABLE; HOWEVER, ACCURACY CANNOT BE GUARANTEED.
MSC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. MSC DOES NOT WARRANT OR GUARANTEE (1) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE OR (2) THAT USE OF THE WEBSITE OR ANY MATERIALS ON THE WEBSITE WILL MEET ANY USERS REQUIREMENT SUCH AS BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MSC SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. MSC DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.
NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION MSC, SHALL BE LIABLE TO USERS OF THE WEBSITE FOR ANY DAMAGE RESULTING FROM USE OF THE WEBSITE OR USE OF MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, NOR ARE SUCH PARTIES IN ANY WAY RESPONSIBLE FOR THE CONDUCT OF USERS OF THE WEBSITE OR FOR THIRD-PARTY INFORMATION POSTED OR EXCHANGED ON THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSC IN ANY MANNER FROM THE WEBSITE SHALL CREATE ANY WARRANTY.
The Website may link to, or be linked to, other websites not maintained by or related to MSC. Such links are provided only as a service to our visitors. MSC is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. MSC has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your linking to any other pages or websites is at your own risk.
If you operate another website and are interested in linking to this Website, you must obtain consent from MSC and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URLs specified by MSC and not to any other pages within the Website; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of MSC; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with MSC’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than MSC is associated with or sponsored by MSC; (6) the link, when activated by a user, must display the Website full-screen and not with a "frame" on the linked website; (7) the party linking to the Website must not link the Website in a manner that may confuse a consumer into thinking that the Website or the associated products belong to the party linking to the Website, and (8) MSC reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.
By your access and use of the Website, you hereby agree to the terms of the MSC Privacy Policy above, which are incorporated into these Terms and Conditions by this reference.
You agree to indemnify, defend and hold harmless MSC, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the Website, your use of any material, information or data downloaded or otherwise obtained from the Website, or your violation of these Terms and Conditions, including without limitation, your infringement of any intellectual property or other right of MSC or any other person or entity.
These Terms and Conditions are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue shall be proper exclusively in Pima County, Arizona with respect to any dispute arising under these Terms and Conditions, unless otherwise specifically agreed by MSC in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms and Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to the Website must be commenced within one (1) year after the action or claim arises.
MSC may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using the Website, you agree to abide by the following guidelines for use of any such bulletin boards, chat rooms and other interactive areas of the Website:
All users of the Website must also follow any other guidelines or rules provided by MSC or posted on the Website. Failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms and Conditions, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the Website. Please report any violations of these guidelines to MSC, as provided for in the “Contacting Us” paragraph of these Terms and Conditions.
You and other users of the MSC bulletin boards, chat rooms and other interactive areas are solely responsible for the content and consequences of the messages you communicate or post on the Website. You should exercise the utmost discretion before providing any personal information on the Website. Although MSC is not obligated to monitor content or the accuracy of information, you acknowledge and agree that MSC, in its sole discretion, has the right to monitor, without notice, any such content or information posted on the Website. MSC also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason
MSC respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied to this Website in a way that constitutes infringement, please provide MSC the following information, in the form prescribed by Section 512 of Title 17, United States Code:
You and MSC understand and agree that: (1) MSC assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the Website (including without limitation any bulletin boards, chat rooms, surveys on the Website) by you or by any other users or third parties and (2) MSC is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.
By your access or use of the Website, you hereby agree to these Terms and Conditions. These Terms and Conditions, together with the MSC Privacy Policy constitute the entire agreement between you and MSC with respect to your access and use of the Website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MSC. These Terms and Conditions will inure to the benefit of MSC’s successors and assigns.
You acknowledge that these Terms and Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms and Conditions and any other documentation, agreements, notices or communications between you and MSC may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
If you have any other questions or concerns regarding these Terms and Conditions, please contact us as follows:
Via Mail at:
Medical Security Card
4911 E. Broadway Boulevard
Tucson, AZ 85711
Attention: Compliance Department
Or Via E-Mail at: [email protected]
Or Via Phone at: 1-800-700-3957
A Customer Care Representative will take note of your question or concern and forward it promptly to the appropriate party.