Effective Date: January 1, 2019
MEDICAL DISCLAIMER: IF THIS IS A MEDICAL EMERGENCY, PLEASE CALL (911) IMMEDIATELY TO OBTAIN MEDICAL ATTENTION. THIS WEBSITE AND THE SERVICES ARE NOT TO BE USED TO OBTAIN HELP OR MEDICAL TREATMENT IN EMERGENCY SITUATIONS.
Personal Information We May Collect
“Personal Information” is information that identifies you as an individual or relates to an identifiable person, which may include, for example:
- Postal address (including billing address)
- Telephone number
- Email address
- Date of Birth
- Social Security number(such as for online employment applications)
How We May Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways, including:
- Through the Services: We may collect Personal Information through the Services, e.g., when you register a profile, sign up for a newsletter, or participate in a promotion or event.
How We May Use Personal Information
We may use Personal Information:
- To respond to your inquiries and fulfill your requests, such as to send you newsletters, announcements or notifications.
- To send administrative information to you, such as information regarding the Services and changes to our terms, conditions, and policies.
- To present you with coupons and other offers.
- To send you information and marketing communications that we believe may be of interest to you.
- To personalize your experience by presenting offers tailored to you.
- To allow you to participate in Magenta Health or community events, and to administer such activities. Some of these activities may have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read such rules carefully.
- For our business purposes, such as data analysis; audits; fraud monitoring and prevention; enhancing, improving, or modifying our services; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
How Personal Information May Be Disclosed
Your Personal Information may be disclosed:
- To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, text messaging, auditing, and other services.
- To identify you to anyone to whom you send messages through the Services.
- To joint marketing partners for you to participate in joint marketing promotions.
- By you, when you post a review or when you post on message boards, chat, profile pages, blogs, or other services to the extent made available to you to which you are able to print or post information and materials. Please note that any information you post or disclose through these services will become public and may be available to other users of the Services and to the general public. We urge you to be very careful when deciding to disclose any information on such services.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
- To subsidiary and affiliated entities that we control, that control us, or that are under common control with us.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. Any additional disclosures for which you provide consent.
Other Information We May Collect
“Other Information” is any information that does not reveal your specific identity, such as:
- Browser and device information
- App usage data
- Information collected through cookies, pixel tags, and other technologies
- Demographic information and other information provided by you
How We May Collect Other Information
We and our third party service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the app) you are using. We use this information to ensure that the Services function properly.
- Through your use of our apps: When you download and use our apps, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with the Services to, among other things, track the actions of users (including email recipients), measure the success of our marketing campaigns, and compile statistics about use and response rates.
- Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services.
- IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet service provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as identifying your general location, calculating usage levels, helping diagnose server problems, and administering the Services.
- Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower, Wi-Fi or Bluetooth signals, and other similar technologies. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
- From you: Information such as your preferred means of communication, shopping list, wish list, recipes, or dietary preferences is collected when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you.
How We May Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
Please note that we are not responsible for the collection, use, and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer.
THIRD PARTY ADVERTISERS
We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites, based on information relating to your access to and use of the Services. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). If you would like to learn more about this practice, including your choices with respect to it, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.
We seek to use reasonable physical, technical, and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.
PROTECTION OF SOCIAL SECURITY NUMBERS
When we collect Social Security numbers in the course of our business, it is our policy to use reasonable physical, technical, and administrative measures designed to protect the confidentiality of such numbers, prohibit their unlawful use or disclosure, and limit access to them. When disposed of, this information is shredded, destroyed, erased, or otherwise sought to be made unreadable. To the extent Social Security numbers are Protected Health Information, see the Magenta Health Notice of Privacy Practices for additional information regarding the steps we take to protect and safeguard such information.
CHOICES AND ACCESS
Your Choices Regarding Our Use of Your Personal Information
We give you choices regarding our use of your Personal Information for certain communication purposes. You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain features within the Services.
You may manage your communication preferences by managing your profile or contacting the specific brand that you registered with directly (e.g., Magenta).
- For example, to revise your Magenta email communication preferences, log in to your online account on Magenta-health.com and go to My Account. Then go to Edit Communication Preferences and update the My Email Preferences by unchecking the opt‑in.
If you do not have an account with our online Services, or if the particular brand (e.g., Magenta) does not require you to establish an account, you may also opt‑out of receiving emails by following the opt‑out instructions at the bottom of the emails we send you. You may also opt‑out of receiving text messages by texting STOP to 69432.
You may also adjust your location and notification preferences in your mobile device’s settings. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from a particular brand or Service, you may still receive: (i) important administrative messages, from which you cannot opt-out; and (ii) those communications from our other brands and Services that you have registered with, each of which have their own opt-out procedures.
How You Request Modification or Removal of Your Personal Information
In your request, please make clear what Personal Information you would like to have modified or removed, or otherwise let us know what limitations you would like to put on our use of it. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address or mobile number that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
If you are a resident of the European Economic Area (“EEA”), you have certain rights and protections under the law regarding the processing of your personal data.
Legal Basis for Processing
- If you are a resident of the EEA, when we process your personal data we will only do so in the following situations:
- We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the Services you have requested).
- We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
- You have consented to the processing of your personal data for one or more specific purposes.
Data Subject Requests
If you are a resident of the EEA, you have the right to access personal data we hold about you and to ask that your personal data be corrected, erased, or transferred. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you can log into your Magenta account. Alternatively, you may contact us as indicated below.
Questions or Complaints
If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
RESIDENTS OF CALIFORNIA
California Privacy Disclosures
California Civil Code Section 1798.83 permits users of the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com.
Magenta does not share your personal information with other companies outside of Magenta and its subsidiary and affiliated entities for those parties’ direct marketing use unless you consent or otherwise direct us to do so.
If you are a California resident under the age of 18, and user of the Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to firstname.lastname@example.org. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
River Annex Compliance Building
646 S. Flores Street
San Antonio, Texas 78204
You may also reach us at:
San Antonio, Texas 1-210-938-4907
Outside of San Antonio 1-866-432-4318
San Antonio, Texas 1-210-938-8357
Outside of San Antonio 1-800-432-3113
Because email communications are not always secure, please do not include sensitive information (e.g., Protected Health Information, credit card information, address, date of birth) in your emails to us.