Privacy Policy

PLEASE READ THIS POLICY CAREFULLY. IF YOU DO NOT AGREE WITH THIS POLICY, YOUR ACCESS OR USE OF THE SITE IS UNAUTHORIZED. YOUR VISIT TO THIS SITE IS YOUR ACCEPTANCE OF THE TERMS OF THIS POLICY.

This Privacy Policy ("Policy") governs the manner in which Berkeley Patients Group, Inc. ("BPG" or "we") collects, uses, maintains and discloses information collected from users (each, a "User") of the www.mybpg.com and www.berkeleypatientsgroup.com websites, including any mobile site (collectively, the "Site"). This  Policy applies to the Site and all products and services offered by BPG.  BPG may, in its sole discretion, revise this Privacy Policy at any time. Any changes to this Policy will be promptly communicated on this page, and will not go into effect until at least five (5) days after they are posted. No other prior notice of changes will be posted or e-mailed to Users of the Site. Use of the Site after such changes are posted shall constitute acceptance of such changes.

PERSONALLY IDENTIFIABLE INFORMATION

We or third parties performing services for us through the Site may collect personal identification information ("PII") from Users in a variety of ways, including when Users register on the Site, place an order, subscribe to a newsletter, respond to a survey, fill out a form, and/or in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, physical address, phone number and/or credit card information. Users may, however, visit our Site anonymously. We will collect  PII from Users only if they voluntarily submit such information to us. Users can always refuse to supply PII, except that it may prevent them from engaging in certain Site-related activities.

NON-PERSONAL IDENTIFIABLE INFORMATION

We or third parties performing services for us through the Site may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

WEB BROWSER COOKIES

Our Site may use commonly employed Internet technologies called "cookies" to collect additional information and enhance User experience.   This information may include your IP address, operating system, Web browser software (e.g., Chrome, Internet Explorer, Firefox or Safari), and screen resolution. User may choose to set his/her web browser to refuse cookies, or to send an alert when cookies are being sent. If cookies are not enabled, note that some parts of the Site may not function properly.

MOBILE DEVICES

Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices in addition to providing PII. Mobile devices also typically transmit PII such as caller ID data when used to transmit a telephone call or text message. We or our third-party providers may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information when you rely on mobile devices, in order to improve your experience on the Site. We may also require collection of your mobile phone number in order for you to participate in certain services or features and that number may be associated with such information.

HOW WE USE COLLECTED INFORMATION

Berkeley Patients Group may collect and use Users personal information for the following purposes:

- To improve customer service and support your relationship with Berkeley Patients Group. Among other things, we want to help you quickly find information and alert you to product updates, your order status, special offers, current events, updated information and other new products and services from this Site.  Information you provide helps us respond to your customer service requests and support needs more efficiently.

- To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

- To improve our Site: We may use feedback you provide to improve our products and services.

- To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

- To run a promotion, contest, survey or other Site feature:  To send Users information they agreed to receive about topics we think will be of interest to them.

- To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include BPG news, updates, related product or service information, current events, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

HOW WE PROTECT YOUR INFORMATION

We adopt data collection, storage and processing practices and security measures to help protect against unauthorized access, alteration, disclosure or destruction of your PII and data stored on our Site.  Sensitive and private data exchanged directly between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.   BPG will continually review and update its data security program as technology evolves. The importance of security for all PII associated with our Users is of utmost concern to us.  However, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, we make no representation or warranty as to the security of any information you transmit to us, or the potential loss, misuse or alteration of the of the PII that we collect on our Website. We cannot be responsible for the actions of any third parties who might receive your PII, including but not limited to StickyGuide, a third party provider which processes User product ordering information.  For security measures taken in the product ordering process, click here.

CIVIL SUBPOENA POLICY

Our Privacy Policy prohibits the release of customer or account information without express permission from the customer, except under limited circumstances such as when necessary to comply with law or legal process properly served on BPG, such as subpoena or final court order.  BPG expressly reserves the right to challenge the validity of any subpoena or otherwise move to quash or take such other action to secure an order from the relevant court that BPG is not required to respond to the subpoena.

Valid Subpoenas

If you seek the identity or account information of a BPG customer in connection with a civil legal matter, you must fax, mail, or serve Berkeley Patients Group, Inc. with a valid subpoena. Valid subpoenas are those issued by (a) any U.S. federal court or (b) the courts of the State of California. BPG  may waive the requirement and respond to a subpoena issued by a state or local court located outside of California, or any other jurisdiction, in limited circumstances and at its discretion.

Background Documentation

BPG reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the BPG customer information is related to the pending litigation and the underlying subpoena.

Notice to Customer and Response Time

Upon the receipt of a valid civil subpoena issued by an appropriate court, BPG will promptly notify the customer whose information is sought via e-mail or U.S. mail prior to disclosure unless we are prohibited from doing so by statute or court order (e.g., an order under 18 U.S.C. § 2705(b)).  If the circumstances do not amount to an emergency, BPG may not immediately produce the customer information sought by the subpoena and may provide the customer an opportunity, within the response time provided by BPG in the subpoena, to move to challenge the subpoena in court. BPG reserves the right to charge an administration fee to the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the BPG invoice. Checks should be made out to Berkeley Patients Group.  BPG's  subpoena compliance costs are as follows:

•Research - $65.00/hour

•Federal Express - Cost as Billed

•Copies - $.33/page

 

SHARING YOUR PERSONAL INFORMATION

We currently use third party service providers to help us operate our business. We may share your information with these third parties but do not share any personal medical, financial or purchase information, only ordering information, if applicable. WE NEVER SHARE YOUR INFORMATION WITH UNAFFILIATED THIRD PARTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS POLICY. WE WILL NEVER SELL YOUR INFORMATION.

THIRD PARTY WEBSITES

Order forms, advertising and other third party content is present on our Site.  This third party content links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and have no responsibility or liability for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies and we encourage our Users to read them. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT

Protecting the privacy of the very young is especially important. For that reason, no part of our website is structured to attract anyone under 13 and must not be used by anyone under the age of 18. BY USING THE SITE, YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE. If a parent or guardian becomes aware that his or her child has provided us with information without the parent's or guardian's consent, s/he should contact us at info@myBPG.com. We will delete such information from our files within a reasonable time and take steps to block that person's membership or account, if applicable.

CHANGES TO THIS PRIVACY POLICY

BPG has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

GOVERNING LAW

The interpretation, application and effect of this Policy shall be governed by the laws of the State of California without regard to conflict of law principles. The parties hereto submit and consent to the jurisdiction and venue of the state court in the County of Alameda, California for any claims or legal actions by one party against another arising out of the relationship between the parties contemplated herein (whether or not arising under this Policy).

YOUR ACCEPTANCE OF THESE TERMS

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU MUST EXIT OUR SITE IMMEDIATELY. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES TO THIS POLICY WILL BE DEEMED YOUR ACCEPTANCE OF THOSE CHANGES.

Please carefully review our Terms of Use [LINK].  Your use of the Website is your consent to our Privacy Policy and Terms of Use.

CONTACTING US

If you have any questions or comments about this Privacy Policy, subpoenas, the practices of this Site, or your dealings with this Site, please contact us at:

Berkeley Patients Group

www.myBPG.com

1440 4th Street

Berkeley, CA 94710

info@myBPG.com

Facsimile: 510-486-8093

And write "Privacy" in the subject line.

This document was last updated on April 18, 2013

© 2015 Berkeley Patients Group, Inc., All rights reserved.