Privacy Policy

Open Water Rx LLC ("Open Water Rx," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at openwaterrx.com (the "Site") or use our telehealth services (collectively, the "Services"). Please read this policy carefully. If you disagree with its terms, please discontinue use of the Site immediately.

This Privacy Policy applies to all users of the Site and Services, including prospective patients, current patients, and visitors. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.

We may collect the following categories of information:

Personal Identifiers: Name, email address, phone number, date of birth, mailing address, and state of residence.

Health and Medical Information: Height, weight, BMI, medical history, current medications, health conditions, and health goals submitted through our intake evaluation forms. This information is considered Protected Health Information (PHI) under HIPAA and is handled accordingly.

Technical Data: IP address, browser type, operating system, referring URLs, pages visited, time spent on pages, and other usage data collected automatically through cookies and similar tracking technologies.

Communications: Records of correspondence if you contact us directly, including emails, form submissions, and support requests.

Payment Information: We do not directly store payment card information. Payment processing is handled by third-party processors who maintain their own privacy and security standards.

We use the information we collect for the following purposes:

To facilitate your telehealth evaluation and connect you with licensed healthcare providers - To communicate with you regarding your evaluation, prescription status, and ongoing care - To process and fulfill orders for medications and related services - To send administrative communications, including confirmations, updates, and security alerts - To send promotional communications, where you have opted in to receive them - To improve, personalize, and expand our Services - To understand and analyze how you use our Site - To develop new products, services, features, and functionality - To comply with applicable laws, regulations, and legal obligations - To prevent fraud, protect the security of our Site, and enforce our Terms of Service - To respond to legal requests and prevent harm

Open Water Rx operates in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations. Any Protected Health Information (PHI) you provide is handled in accordance with our HIPAA Notice of Privacy Practices, which is available separately on this Site.

We implement administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of your PHI. We do not sell, rent, or trade your PHI to third parties for marketing purposes. PHI is shared only as permitted or required by HIPAA, including with healthcare providers involved in your care, business associates under appropriate agreements, and as required by law.

We use cookies, web beacons, pixels, and similar tracking technologies to collect and store information about your interactions with our Site. Cookies are small data files placed on your device. We use:

Essential Cookies: Required for the Site to function properly. These cannot be disabled.

Analytics Cookies: Help us understand how visitors interact with our Site (e.g., Google Analytics). Data collected is aggregated and anonymized.

Marketing Cookies: Used to deliver relevant advertisements and track campaign effectiveness.

You may control cookie settings through your browser. Disabling certain cookies may affect Site functionality. By continuing to use our Site after being presented with our cookie consent banner, you consent to our use of cookies as described herein.

We may share your information in the following circumstances:

Healthcare Providers: We share your health information with licensed physicians and other healthcare professionals who provide services through our platform, solely for the purpose of your care.

Service Providers: We engage third-party vendors to perform services on our behalf (e.g., pharmacy fulfillment, payment processing, email delivery, analytics). These parties are contractually obligated to protect your information.

Legal Requirements: We may disclose your information if required to do so by law, court order, subpoena, or governmental authority, or if we believe disclosure is necessary to protect our rights, your safety, or the safety of others.

Business Transfers: In the event of a merger, acquisition, reorganization, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change.

With Your Consent: We may share your information for any other purpose with your explicit consent.

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Medical records and PHI are retained in accordance with applicable state and federal healthcare regulations, which may require retention for a minimum of seven (7) years. When information is no longer needed, we securely delete or anonymize it.

Depending on your jurisdiction, you may have the following rights regarding your personal information:

**Access:** Request a copy of the personal information we hold about you - **Correction:** Request correction of inaccurate or incomplete information - **Deletion:** Request deletion of your personal information, subject to legal and regulatory obligations - **Opt-Out:** Opt out of marketing communications at any time by clicking "unsubscribe" in any email or contacting us directly - **Data Portability:** Request transfer of your data in a structured, machine-readable format - **Restriction:** Request that we restrict processing of your information in certain circumstances

To exercise any of these rights, please contact us at info@openwaterrx.com. We will respond to your request within 30 days. We may require verification of your identity before processing your request.

Our Services are not directed to individuals under the age of 18. We do not knowingly collect personal information from minors. If we become aware that we have inadvertently collected information from a person under 18, we will take steps to delete such information promptly. If you believe we have collected information from a minor, please contact us immediately at info@openwaterrx.com.

Our Site may contain links to third-party websites, services, or applications. We are not responsible for the privacy practices or content of those third parties. We encourage you to review the privacy policies of any third-party sites you visit. The inclusion of a link does not imply our endorsement of the linked site or its privacy practices.

We implement industry-standard technical, administrative, and physical security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. These measures include SSL/TLS encryption, access controls, and regular security assessments. However, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security and disclaim liability for unauthorized access beyond our reasonable control.

We reserve the right to update or modify this Privacy Policy at any time. Changes will be effective immediately upon posting to the Site. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes. We encourage you to review this policy periodically.

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Open Water Rx LLC Cape Coral, Florida Email: info@openwaterrx.com

For HIPAA-related inquiries, please refer to our HIPAA Notice of Privacy Practices.