Privacy Policy

Updated March 29, 2023

We have the highest regard for your privacy and personal information and realize that the success of our services depends on the trust that you have in the way we handle your personal information. By entrusting us with your information, we would like to assure you of our commitment to keep such information private. We have taken considerable steps to protect the confidentiality, security and integrity of this information. We encourage you to review the following information carefully.

This Privacy Policy applies to your use of the eViale™ mobile device application (the “App”) and related websites located at www.eviale.com (including their mobile-optimized versions, collectively the “Site”) owned by Montague West, LLC., www.montaguewest.com, (“we” or “us”). The Apps and the Site are referred to together as the “Service”. “You” refers to any user of the Service.

This policy set out our commitments and explains the rights that you have with respect to your personal information. We may update this Privacy Policy from time to time. Any changes will become effective within thirty (30) days after being posted as an alert on the Site’s homepage. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. If you do not agree to the terms of this Privacy Policy, please do not use the Service.

HOW DO WE USE THE INFORMATION WE COLLECT

Provision of service – we use the Personal Information you provide us for the provision and improvement of our Service to you, to verify the information you provide to us, operate our business, and provide information that you request form us. For example, data collected automatically on the Service may be used to help diagnose problems with our servers, to make our Service more useful, to customize it and personalize its content for you (for example, we will use your Health information to send you reminders to take your medications).
General communication – we also use your Personal Information to send you texts, emails or other communications regarding general adherence information, Medication recalls, Service maintenance and other technical support, updates, or changes to this Privacy Policy or any other relevant agreements, and to respond to your inquiries.
Marketing purposes – subject to your marketing preferences, we may use your Personal Information (such as your email address) to communicate with you. We may also send you promotional material concerning our services or our partners’ services (which we believe may interest you), including but not limited to, by building an automated profile based on your Personal Information, for marketing purposes.
- Opt-out of receiving marketing materials – If you do not want us to use or share your Personal Information for marketing purposes, you may opt-out by contacting us in accordance with this Privacy Policy, by clicking the “unsubscribe” button included in every marketing communication you receive from us, or with respect to tracking technologies, by using the cookie preferences menu displayed on our Site. Please note that even if you opt-out, we may still use and share your Personal Information with third parties for non-marketing purposes (for example to fulfill your requests, communicate with you and respond to your inquiries, etc.).

Analytics, surveys and research – we are always trying to improve our services and think of new and exciting features for our users. From time to time, we may conduct surveys or test features, and analyze the information we have to develop, evaluate and improve these features.
Protecting our interests – we may use your Personal Information when we believe it’s necessary in order to take precautions against liabilities, investigate and defend ourselves against any third party claims or allegations, investigate and protect ourselves from fraud, protect the security or integrity of our Service and protect the rights and property of Eviale™, its users and/or partners.

Enforcing of policies – we may use your Personal Information in order to enforce our policies, including but limited to this Privacy Policy, the Terms and Conditions and/or any applicable Program terms and policies.
Compliance with legal and regulatory requirements – we also use your Personal Information as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process.

WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION

Research partners – we may share your Personal Information with third parties, such as research institutes, healthcare systems and healthcare providers. They may associate it with other information that they have about you, for improved healthcare, research purposes and the improvement of our Service.
Providers of personalized third party content – from time to time, we may also ask whether you would like us to share your Personal Information with another company that may want to send you information about their products or services. If you consent to such transfer by us of your Personal Information to another company, please note that the information provided will be subject to such company’s privacy practices and shall not be within our control.
Healthcare Providers – we may need to contact your healthcare providers to further verify and/or clarify any healthcare information we deem ambiguous and to be able to provide you with the highest quality and insightful service.
Content providers – we may also use your Personal Information in order to provide you with personalized third party content or links to third party sites that might interest you. We provide this third party content and/or links to third party sites for information purposes only and are not liable for such content or sites. For more information see the “Links to other Websites or Apps” section below.

Service providers – we may share your Personal Information, as is reasonably necessary, with our service providers, including vendors and suppliers that provide us with development services, technology (such as AWS), services, or content for the operation, development and maintenance of our Service or data and analysis on Service use, who are bound by an obligation of confidentiality, provided that we will only share Personal Information to the extent necessary with such service providers.
Law authorities – we may share your personal data with law enforcement authorities, courts and tribunals, including with legal advisors and consultants, in case we need to respond to law enforcement requests or other legal requests or pursuant to a requirement imposed by law, order, judgment or decree, or courts in order to protect and defend our rights and property or those of Service users.
Merger, acquisition or sale – we may transfer your Personal Information in the event of a merger, acquisition or sale of all or a portion of our assets.

Eviale™ may offer you, from time to time and at our sole discretion, participation in customized programs, based on specified criteria (“Programs”). Participation in Programs may require sharing of Personal Information from and with additional third parties. If you choose to participate, you will be provided with additional information and consent requests for such sharing. Review the Programs terms and conditions for additional information.

Your Personal Information will not be combined with other information and will not be used for other purposes, except as explained in this Privacy policy. Please note that we are not subject to medical secrecy obligations.

Personal Information you may share through our Service
- Medbudi™ –
  - If you use the Services on your own behalf: You may send family members or friends an invitation to be your “Medbudi™” by means of the Service, so that such person will receive alerts regarding your compliance with your medication regime. At your decision, your chosen Medbudi may also receive permissions to edit your information on the Services. By sending such invitation and granting such permissions, you represent that you have the right to appoint and provide the information of such person; that you consent to our disclosure of Personal Information about your medications and your compliance with your medication regime to such person; and, as applicable, that you allow your Medbudi to make changes to the Services including to your personal information, on your behalf. Sharing of your Personal Information and providing the editing permissions in this manner are solely at your responsibility.
  - If you use the Services on behalf of your child or an incapacitated person, you shall be considered such person’s “Medbudi™”, as applicable. In such event, you represent and warrant that you have the legal authority to act on behalf of that person; that you will keep confidential and only use the Personal Information made available to you through the Services for the purpose for which it was made available to you; that any permission and personal information provided to you through the Services will be used with due care and only for that person’s own good and best interests.
- Medical professionals and Doctors – You may use the Service in order to share your Personal Information or other information with your doctor or healthcare providers. Such sharing may be enabled by inviting your healthcare provider to monitor your Personal Information, by accepting an invitation from your healthcare provider to download and use the Service, or otherwise using the Service settings to share your information with your healthcare provider; in these cases you consent to our sending Personal Information about your medications and your compliance with your medication regime with your healthcare providers. Confirm with your healthcare provider that they have sent you an invitation to use the Service. Such sharing of your information is at your discretion and is solely your responsibility.
- Pharmacies and coupon companies – you may choose to share your Personal Information with pharmacies with which we partner or third party coupon companies, so that we may send you coupons or provide you with reminders to get your prescription refilled. If you choose to share your Personal Information in this manner, please note that such information may be disclosed to the coupon companies or pharmacies and will be subject to their privacy practices.

While we take great care to keep your Personal Information confidential and secure, when you share your health or medication information with others or provide feedback regarding health matters, medications and otherwise, including by means of social media sites, or when you participate in a forum on the Service, any information disclosed by you in such way is solely your responsibility. You should exercise caution when disclosing any information (including Personal Information) in such ways, as you do not know who will access or use such information and for what purposes.

As a reminder: We use the information we collect to provide you with personalized services, improve the functionality of our products and websites, and communicate with you about updates and special offers. Under no circumstances will we sell, rent or share your personal information with third parties without your explicit consent, unless we are legally required to do so by law.

USE OF AGGREGATED DATA

We may de-identify and aggregate Personal Information; aggregated data will not contain any information that could be used to contact or identify you. We may analyze and/or combine all information we receive, including Health Information and information regarding your use of the Service, with information from other users to create aggregated data that may be disclosed to and utilized by us, our partners and by third parties without restriction, on commercial terms that we can determine in our sole discretion, for purposes such as: content marketing, research purposes, in order to understand behavior patterns, in order to increase adherence to medication regimens, marketing strategies and for entering into commercial contracts in order to provide our users with the Service. As an exception to the above, we will not include data received via Apple HealthKit in the aggregated data we share with and/or sell to third parties or for marketing purposes.

INTERNATIONAL TRANSFERS

Personal Information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of the United States, please note that data we collect about you may be transferred to, processed and stored in the United States unless otherwise noted. If you reside in the UK or the EU, please note that some of our service providers may be located outside the European Economic Area (the “EEA”). In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection in accordance with the instructions of the EU commission as updated from time to time.

GDRP

We may transfer our databases containing your Personal Information in connection with the transfer or sale of all (or substantially all) of our business assets, or in the event of a merger, consolidation or similar transaction.

USER RIGHTS

Data protection laws in certain jurisdictions provide individuals with certain statutory rights with respect to their Personal Information.

For example, if you reside in the UK or the EU, you may have the right to request to: (a) receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with supplementary information; (b) receive a copy of Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format; (c) request rectification of your Personal Information that is in our control; (d) request erasure of your Personal Information; (e) object to the processing of Personal Information by us; (f) request to restrict processing of your Personal Information by us; and (g) lodge a complaint with a supervisory authority if you believe your privacy rights have been prejudiced by us.

Data subjects residing in other jurisdictions may also be afforded with certain rights with respect to their personal data, as determined by such jurisdictions’ applicable laws. Such rights maybe similar or may differ from those set out above with respect to EU residents.

We comply with applicable laws and respect the privacy rights of our users. If you wish to exercise any of your rights, or ask us a question, please contact us by using the contact details provided below.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.

ACCESS RIGHTS TO DATA

Information Maintained by Company. Upon customer’s request, we will provide a reasonable description of customer’s personally identifiable information that we maintain in our data bank. We can be contacted by e-mail at info@eviale.com, or certified postal mail 1998 SW Delmonico Avenue, Port St. Lucie, FL 34953.

Corrections and Changes to Personal Information. Help us to keep customer personal information accurate. If customer’s personal information changes, or if customer notes an error upon review of customer information that we have on file, please promptly e-mail us at info@montaguewest.com and provide the new or correct information.

Your California Privacy Rights. Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of ours who are California residents to request certain information regarding our disclosure of personal information for their direct marketing purposes. To make such a request, please write to: 1998 SW Delmonico Avenue, Port St. Lucie, FL 34953. Within 30 days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.

CALIFORNIA, NEVADA, AND VERMONT RESIDENTS

We will not share information we collect about you with our affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

This CALIFORNIA, NEVADA, AND VERMONT PRIVACY NOTICE supplements the information contained in the Privacy Statement of the Company (collectively, “we,” “us,” or “our”) and applies to visitors, users, and others who reside in the United States. We adopt this Privacy Notice to comply with the California Consumer Privacy Act of 2018, the Nevada Senate Bill 220 (an Act relating to Internet privacy), Vermont Financial Privacy Act, and other California and other state privacy laws (all such laws are collectively referred to for purposes of this Privacy Notice as the “CCPA”).

CPPA PRIVACY RIGHTS

California law permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Information” section for where to send such requests. We do not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. For more information about how we collect, use, and disclose personal information for business purposes, please review our Privacy Policy. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. Users can submit a request via email info@eviale.com. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney; or the agent must provide proof that the you gave the agent signed permission to submit the request and either (i) verify the your identity with us or (ii) directly confirm with us that the you provided the authorized agent permission to submit the request.

We do not sell personal information to third parties. We do allow third parties to collect personal information through our website and share personal information with third parties for the business purposes described in the Privacy Policy, including without limitation advertising and marketing on our website and elsewhere based on users’ online activities over time and across our services, and devices.

YOUR RIGHTS

Under CCPA, there is a right to not be discriminated against for exercising rights and choices although some of the functionality and features might change or no longer be available. Any difference in the services is related to the value provided.

RETENTION

We will retain your Personal Information for as long as necessary to provide the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation.

LINKS TO OTHER WEBSITE OR APPS

Our Service may link to or refer to third party websites or services that we do not own or control. Any Personal Information you provide is provided directly to such third party and is subject to such third party’s provider’s privacy policy. This Privacy Policy does not apply to such other websites or services, and we are not responsible for the privacy practices or content of any websites or services not controlled by us, nor are we responsible for such third party’s use or misuse of your Personal Information. If you have any concerns, we urge you to review the terms of those other websites or services for more information about their applicable policies.

INFORMATION SECURITY

Commitment to Online Security. We employ physical, electronic and administrative procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints. All of our agents and contractors with access to personal information on the web site(s) are also bound to adhere to our security standards.

No Liability for Acts of Third Parties. We will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, we shall not be liable for unauthorized disclosure of personal information due to no fault of our own including, but not limited to, errors in transmission and unauthorized acts of our staff and/or third parties.

You need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account (for example, by signing off after you have finished accessing your account). You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use.

Changes to Privacy Policy. This privacy notice was last updated on March 29, 2023. We reserve the right to change OR update its privacy policy statement at any time. A notice of such change will be posted on our Web site home page for thirty (30) days prior to the implementation of such change. There are two boxes at the end of our notice of change (1) an “I accept” box, and (2) an “I do not accept” box. If customer does not mark the “I do not accept” box customer will be deemed to have accepted our privacy policy updates.

Opt-Out Right. Customer and/or prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by us and/or by any third parties with whom we have shared and/or transferred such personal information. Right of cancellation may be exercised by contacting us via e-mail, telephone or certified postal mail. After processing the cancellation, we will delete customer or prospective customer’s personal information from its data base.

CHILDREN

Our Service is intended for use by persons over the age of majority (as determined by applicable laws where such persons reside in: “Age of Majority”), unless we are provided with a valid parental or guardianship approval and consent, in accordance with the requirements of applicable laws. Under no circumstances should the Service be used by persons under the Age of Majority. We will not knowingly collect Personal Information from any person under the Age of Majority unless as described herein, and at our sole discretion. If you discover that a child has been using the Service without your consent, or that someone has been using the Service for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us” and we will take reasonable steps to delete the child’s information from our active databases. Eviale™ reserves the right to check its user base from time to time and remove users whom Eviale™ has grounds to believe they are in fact minors, including without limitation, restricting those user accounts, or deleting them, as Eviale™ may deem appropriate.

HOW TO CONTACT US

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the privacy practices of our Service, please contact us at:

Montague West, LLC.

ATTN: Eviale App.
1998 SW Delmonico Avenue, Port St. Lucie, FL 34953

Email:

info@eviale.com