Privacy Policy & Terms of Use

The Women’s Health Company, LLC

Privacy Policy

This Privacy Policy (“Privacy Policy”) is incorporated into our Terms of Use and Terms of Service, as applicable. Therefore, terms used in this Privacy Policy that have been previously defined will have the same meanings as provided in our Terms of Use or Terms of Service, as applicable. As with our Terms of Use and Terms of Service, if we make any changes to our Privacy Policy, we will post the revised Privacy Policy to the Site and update the “Last Revised” date of the Privacy Policy. Your use of our Site or Service following any such change means you accept the revised Privacy Policy.

We are committed to respecting the privacy of users of our Site and Service. We created this Privacy Policy to tell you how The Women’s Health Company collects, uses and discloses information in order to provide you with our Site or Service, as applicable.

By accessing or using our Site or Service, you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use and disclose your information as set forth in this Privacy Policy. If you are using our Site or Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Privacy Policy on such individual’s behalf. By agreeing to our Privacy Statement and Terms of Use and Terms of Service, you consent to the storing and processing of your information in the USA and countries outside of the country you live in. In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. However, you should be aware that sections of the Service (including restricted portions of the Site) allow for the submission of and collection through use of the Service of personally identifiable information, including, but not limited to: (1) your name and contact data (such as your e-mail address, phone number, and billing and physical addresses); (2) demographic and health and wellness data (such as your gender, date of birth, wellness background, weight, height, lifestyle information, medication history, and zip code); (4) your communications with Practitioners conducted through the Service; and (5) any information you provide when you contact or communicate with us (credit card data). We may also collect information from you necessary to provide you with services you request from Practitioners utilizing the Service, which may include, but is not limited to: (a) payment information and (b) health and medical data (such as previous doctors or other healthcare providers you visited, your reason for visiting a healthcare provider, date of visit, medical history and condition, medications, images or videos and other medical and health information you share with us).

To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personally identifiable information that we collect and that the information be current. The Women’s Health Company, LLC disclaims any legal duty to verify the accuracy of any personally identifiable information that you provide beyond what may be required by law for the particular purpose for which the information is to be used.

In addition to the information we collect directly from you, we may also collect certain information from the Practitioners who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, a Practitioner’s diagnoses, treatment plans (including prescription details) and notes. We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, and laboratory test results.

We may automatically collect certain information from your device through which you access our Service. This information includes, but is not limited to, your language preferences, your phone number or other unique device identifier (the International Mobile Equipment Identity or the Mobile Equipment ID number), the IP address of your device, the manufacturer, model and operating system of your device, the name and version of our Service you are using, information regarding your browser and information that allows us to personalize our Service. We or our service providers may also collect information about how you interact with our Service and any of our websites to which our Service links, such as how many times you use a specific part of our Service, the amount of time you spend using our Service, how often you use our Service, actions you take in our Service and how you engage with our Service. For more details about this type of data collection, please refer to the section below on cookies and web beacons.

We will obtain information regarding your location or the location of your device through which you access our Service. Information regarding your location will be obtained directly from you when you provide us with your zip code. Alternatively, our Service may obtain precise information about the location of your device with your express consent. Once you have consented to the collection of the precise location of your device, you may adjust this consent by managing your location services preferences through the settings of your device.

In connection with providing you with our Service, we and our affiliates may use, compile, analyze and save, your information for a number of purposes, including, but not limited to: (a) verifying your identity and administering your account, including processing your payments and fulfilling your orders; (b) communicating with you about our Service or your use of our Service, and sending you communications on behalf of the Practitioners; (c) ensuring quality customer service by providing you customer support, responding to your requests or concerns, ensuring that our Service functions properly for you, and tailoring our Service to meet your needs; (d) as applicable, facilitating the provision of healthcare services to you by a Practitioner, and ensuring the Practitioners the services and support necessary for health care operations; (e) sending you push notifications (notifications may be enabled or disabled through your device or app settings depending on your device type); and (f) detecting, preventing, investigating and responding to fraud, intellectual property infringement, violations of our Terms of Use, Terms of Service, or other misuse of our Service or a Practitioner’s services.

We use information regarding your location or the location of your device through which you access our Service for a number of purposes, including, but not limited to: (a) identifying Practitioners who may provide you with healthcare services; (b) providing you with a list of nearby pharmacies that may fulfill any prescriptions provided to you by your Practitioner; and (c) identifying other healthcare providers whom you may visit at the recommendation of your Practitioner.

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: (a) our third-party service providers that provide services such as the hosting of our Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; (b) Practitioners to schedule and fulfill appointments and provide health care services as part of the Service; (c) Practitioners to whom you send messages through our Service; (d) Practitioners for other treatment, payment or healthcare operations purposes upon your request; (e) third parties as we believe necessary or appropriate to comply with applicable laws; and (f) to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock. With respect to transfers to third party agents of The Women’s Health Company, LLC under the Privacy Shield, the Privacy Shield requires that The Women’s Health Company remain liable should those agents process your information in a manner inconsistent with the Privacy Shield Principles. There may also be instances where Maven may be required to share your information with third parties who have not been retained by The Women’s Health Company, during inspections or audits, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or as ordered or directed by courts or other governmental agencies. Many entities receiving your information under these conditions have privacy requirements that apply to their handling of your information.

The Women’s Health Company, LLC will not disclose your information to third parties for their own separate use unless you have consented to such sharing. 

The Women’s Health Company, LLC  will store archives of information subject to this Privacy Policy from Secure Users for no less than the required legal period, but may retain some or all of the information indefinitely in The Women’s Health Company, LLC’s sole discretion. The Women’s Health Company, LLC has is in binding contract with each of our integrated intenties in compliance with HIPAA policies set by the U.S. government. We have legally signed BAA agreements with our professional Google accounts as well as video conferencing and chat software, Zoom.

USE BY MINORS

Our Service is intended for use by individuals 18 years of age or older. However, if you are a parent, legal guardian or personal representative of a minor child at least 13 years of age, you may, in compliance with the Terms of Service use our Service on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information for individuals under the age of 13. If we learn that we have received any information for an individual under the age of 13, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers.

Please note that we may use “cookies”—a small data file that we transfer to your computer’s hard drive—to collect certain information about you and your use of our Service, such as IP addresses (the Internet access of a computer), domain names, and the type of computer, smart phone device, and operating system being used. We may also use cookies to identify your computer or smart phone device when you revisit our Service to, for example, recall your authentication information or to track statistical information related to navigation throughout the Site or App, as applicable. You do not have to accept all cookies sent to you by the Service; however, depending on the particular cookie you reject, you may not be able to use some features of the Service or some features may not function properly.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from the Service to a third-party website, that website may have the ability to recognize that you have come from our Service by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

The Women’s Health Company, LLC uses industry standard security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by The Women’s Health Company, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet or as part of a mobile application.

Although we are committed to maintaining the confidentiality of your personally identifiable information, if required by law, we reserve the right to disclose such information without first obtaining your consent.

When using our Service, you may choose not to provide us with certain information, but this may limit the features you are able to use. 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.

TERMS OF USE

The Women’s Health Company, LLC is pleased to offer you access to thewomenshealthcompany.com as a tool and resource to encourage, educate, and empower you in regards to whole health. The use of thewomenshealthcompany.com and/or the information, products or services available here within the Terms of Use confirms your acceptance of the terms and conditions of the website. If you do not accept these Terms and Conditions, please do not use our products, services or website as we are not held liable in any shape or form of your consumption of any of our material.

Please read, agree with and accept all of the terms and conditions contained in the below User Agreement, which include those terms and conditions set out below before you purchase any products or services through or use the The Women’s Health Company website.

  • This User Agreement encompasses the entire agreement of all parties involved. This written agreement supersedes any and all oral negotiations and/or representations of the parties herein made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein. This agreement is entered into by the customer and The Women’s Health Company, LLC a Georgia Corporation.
  • We may amend this Agreement unilaterally and without notice at any time by posting the amended terms on our website. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by the customer and The Women’s Health Company, LLC. This Agreement is effective on October 1, 2019 for new users, and is otherwise effective 30 days subsequent to that date for all users prior to October 1, 2019.
  • This Agreement shall be subject to and governed by the laws of the State of Georgia. Any waiver or forbearance by The Women’s Health Company, LLC of any breach (by Customer) of any provision of this Agreement shall not be construed as a waiver of any subsequent breach by Customer. This Agreement shall be binding upon the parties and their executors, administrators, successors, etc.. The section headings used herein are for convenience only and shall not be attributed any legal import. These Terms and Conditions are for the benefit of The Women’s Health Company, LLC, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to enforce these Terms and Conditions directly on their own behalf.
  • If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement and Schedules shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.

Use Eligibility

Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. You affirm that you are either over 18 years of age, are an emancipated minor, or have obtained the consent of your parent or guardian prior to using the website. You warrant that you are fully able and competent to comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and that you will abide by these Terms and Conditions. If you do not qualify, please do not use our website, products or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

Your use of the website constitutes an acknowledgment that its contents are designed for private use only.  thewomenshealthcompany.com is not to be used in connection with any commercial enterprise or for any commercial purpose without the expressed written consent of The Women’s Health Company, LLC. itself. You agree to use the Site for lawful and legal purposes only. The content of this website is protected by intellectual property laws and regulations. Title to the content of this site remains with The Women’s Health Company, LLC or its licensors, and you do not acquire any ownership rights unless given written and signed consent by The Women’s Health Company, LLC. You are prohibited from modifying, publishing, transmitting, displaying, participating in the transfer or sale of, creating derivative works based upon, or otherwise exploiting or profiting from the contents of thewomenshealthcompany.com in whole or in part.

All information given on the website, thewomenshealthcompany.com, is intended for informational purposes only and not considered personal medical advice. You should seek medical consultation before ordering any product from our website. thewomenshealthcompany.com believes you should always seek the advice of your health care provider regarding any questions you might have or with one of our licensed providers within a lawful manner. The way in which you utilize the content on this site is solely at your own risk.

The Women’s Health Company, LLC offers products via our website shop that you may purchase at your own risk. The medical care provided by our employed and contracted providers is done so within the legal scope of practice of each practitioner and the laws thereby instituted by the state in which they are licensed. The Women’s Health Company is a licensed corporation by the State of Georgia, therefore the act of prescribing medications can only be legally performed in the state of Georgia or the state in which the provider is legally licensed to prescribe. All other appointments are education only and recommendations regarding treatment should be in conjunction with your personal healthcare provider. The Women’s Health Company does not provide emergency services and reserves the right to deny treatment if deemed outside of the legal scope of practice of the provider as well as the state wherein which they practice. The Women’s Health Company reserves the right to notify patients that virtual care is not deemed appropriate for specific visits and an in person examination is required by a licensed healthcare provider. The Women’s Health Company will in no way shape or form prescribe Schedule I – IV medications to any patients on any terms. Nurse practitioner and Physician assistants practicing within our platform are directly supervised by a licensed physician who is available via telephone if necessary. 

Liability Limit – In no event shall The Women’s Health Company, LLC , our subsidiaries, employees, contractors or manufacturers be liable for lost profits, any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products, our services or this agreement (including negligence), loss of profits, loss of use or other damages, even if advised of the possibility of such damages. This limitation of The Women’s Health Company, LLC liability will apply regardless of the form of action, whether in contract, tort or by statute. Our liability, and the liability of our subsidiaries, employees, contractors and suppliers, to you or any third parties, in any circumstance, is limited to the greater of (A) the amount of the purchased and (B) $100. Each customer acknowledges that this limitation of liability is part of this agreement, and was specifically included by The Women’s Health Company in the calculation and establishment of the prices paid by customers, which, but for this limitation, would have been much higher.

Indemnification:  Anyone utilizing our site, products or services agrees to indemnify and hold us and (as applicable) our employees, subsidiaries, affiliates, officers, directors, and agents harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Customer shall also indemnify and pay to The Women’s Health Company, LLC and hold The Women’s Health Company, LLC harmless against any and all losses, clais, demands, attorney, liabilities, or any other expenses which The Women’s Health Company, LLC may at any time incur, sustain, or be brought into by reason of or in connection with its performance under the umbrella of this agreement or any individual’s use of this website, products, services..

Arbitration:  Any legal controversy or legal claim arising out of or relating to this Agreement or our goods and/or services, excluding legal action taken by The Women’s Health Company, LLC  to collect our fees and/or recover damages for, or to obtain an injunction relating to the website’s operations and intellectual property, shall be settled by binding single-arbitrator arbitration in accordance with the Commercial Arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Watkinsville, GA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The Women’s Health Company, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Watkinsville, GA necessary to protect the rights or property of The Women’s Health Company, LLC, pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00. Parties agree that the Federal Arbitration Act, the United Nations Convention for the Enforcement of Commercial Arbitration Awards, and all other applicable laws and conventions apply to this agreement.

Except as explicitly stated otherwise, any notices shall be given by postal mail to The Women’s Health Company, LLC P.O. Box 744 Watkinsville, GA 30677 or to the address you provide to The Women’s Health Company, LLC during the purchase process (in your case). Notice shall be deemed given 7 days after the date of mailing

Customer agrees to compensate The Women’s Health Company, LLC for any goods or services ordered through this website at the original purchase price and within the time alotted for payment. 

All shipping and delivery will occur through Pure Encapsulations and orders are typically shipped within 48 business hours.

All sales are final once seal has been opened on any product ordered through our website or in person.

CANCELLATION & NO SHOW POLICY:

All appointments cancelled prior to 1 hours in advance will receive a full refund of charges or if credit card has not yet been charged will not receive a charge. Appointments cancelled within 1 hour or “no show” appointments will be charged full price. All attempts will be made to reschedule visits missed or cancelled within 1 hour and charges for missed or cancelled appointment (within 1 hour) will be credited toward the rescheduled visit.