Enclara Pharmacia, Inc. (“Enclara Pharmacia” or “we”) is committed to protecting the right to privacy of users of the Enclara Pharmacia E3^TM mobile application and related Enclara Pharmacia website and online tools which may be made available to you from time to time (collectively the “Application”) and the patients they serve. We understand and respect the sensitive nature of information transmitted through the Application, as well as the right and responsibilities of users to protect this information. We created our Privacy Policy and share it here so that you understand ways in which collected information may be used and more importantly, steps we take to protect and safeguard your privacy and your patients’ privacy, as well as steps you must take as an Authorized User of the Application to do the same.

By downloading, installing and/or using the Application, you agree to the terms of this Privacy Policy and attest that you, as an employee or consultant of a HIPAA Covered Entity, will comply with this Privacy Policy, the HIPAA Privacy and Security Rule, as well as your organization’s privacy policies and procedures (collectively, “Compliance Requirements”).

DEFINITIONS

Business Associate Agreement (BA Agreement). A Business Associate Agreement is a formal written contract between Enclara Pharmacia and a Covered Entity that requires Enclara Pharmacia to comply with specific requirements related to PHI.

Covered Entity. A Covered Entity is a health plan, health care provider, or health care clearinghouse that must comply with the HIPAA Privacy Rule. For the purposes of this Privacy Policy, your organization is the Covered Entity.

Protected Health Information (PHI). PHI includes all “individually identifiable health information” that is transmitted or maintained in any form or medium by a Covered Entity. Individually identifiable health information is any information that can be used to identify an individual and that was created, used, or disclosed in (a) the course of providing a health care service such as diagnosis or treatment, or (b) in relation to the payment for the provision of health care services. Information included in or transmitted through, the Application is PHI and must be treated by you as such.

USE AND DISCLOSURE OF PHI

Your use of the Application is governed by this Privacy Policy, as well as the End User License Agreement, which can be accessed at Enclara Pharmacia End User License Agreement E3.

We use PHI submitted by you through the Application to provide medical treatment in the form of pharmacy services to your patients.

We may also use PHI submitted by users for our management, administration, data aggregation and legal obligations to the extent such use of PHI is permitted or not otherwise restricted by the BA Agreement and not prohibited by law. We may use or disclose PHI on behalf of, or to provide services to, Covered Entities for purposes of fulfilling our service obligations to Covered Entities, if such use or disclosure of PHI is permitted or not otherwise restricted by the BA Agreement and would not violate the Privacy Rule.

In addition to any other uses that are not prohibited by the BA Agreement, we may also use PHI to report violations of law to appropriate federal and state authorities.

SAFEGUARDS

Subject to the terms of the BA Agreement, we use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for in the BA Agreement.

MITIGATION OF HARM; REPORTING OF UNAUTHORIZED USE OR ACCESS TO PHI

In the event of a use or disclosure of PHI that is in violation of the requirements of the BA agreement, we will mitigate as required by the BA Agreement.

In the event you become aware of any unauthorized use of, or access to, the Application, then you must report such matter to your organization, the Covered Entity.  Such obligation to report would include reporting to the Covered Entity the loss or theft of the device on which the Application is installed as well as:

• Reporting to the Covered Entity any use or disclosure of PHI that may be in breach of the Compliance Requirements and any security incident of which you become aware; and
• Documenting to the Covered Entity such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to assess and respond to such matter in accordance with HIPAA.

ACCESS TO PHI

As provided in the BA Agreement, we will make available to the Covered Entity, information necessary for Covered Entity to give individuals their rights of access, amendment, and accounting in accordance with HIPAA regulations.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect user ID, device information (which may include, without limitation, manufacturer, model, and carrier) and usage information for users of the Application. This helps us to create an enhanced and customized user experience for you.

INFORMATION SECURITY AND PROTECTION

No method of transmission over the Internet or storage of data on an Internet server is 100% secure. Although we use commercially acceptable and reasonable precautions to protect your information, we do not guarantee its absolute security. It is important for you to protect against unauthorized access to your username and password and to your mobile device since Enclara Pharmacia undertakes no responsibility to you or to the Covered Entity for any failure by you or any other party to do so.

USAGE BY CHILDREN

The Application is not intended to attract users who are under the age of 18. Enclara Pharmacia is committed to preventing the unintentional collection of personal information and PHI from children under the age of 13. By providing any Personal Information or PHI of a child under 13, you represent and warrant that you are an authorized provider treating such child.

CHANGES TO PRIVACY POLICY

This Privacy Policy sets forth our current practices and procedures with respect to privacy. We reserve the right, at our sole discretion, to change, modify or alter all or portions of this policy at any time with or without notice. Enclara Pharmacia reserves the right to delete, modify or supplement this Privacy Policy at any time and for any reason without notification.  By continuing to use the Application after such changes, you unconditionally agree to follow and be bound by such revised Privacy Policy should therefore periodically visit this page to review the then-current Terms.

YOUR FEEDBACK AND COMMENTS

We welcome your input. You may contact us with any comments, complaints or concerns regarding our Privacy Policy at Contact Enclara Pharmacia, or

Enclara Pharmacia

1601 Cherry Street, Suite 1800

Philadelphia, PA 19102

ATTN: Privacy Office

YOUR ACCEPTANCE OF THESE TERMS

By using the Application, you are agreeing to our Privacy Policy. You consent to the collection and use of information as set forth above. You also acknowledge our right to change this policy, without prior notification.

If you do not agree to this Privacy Policy, please do not use the Application.