Privacy Policy

Last updated: April 25, 2023

  1. Introduction

This Privacy Policy describes how Absorption Pharmaceuticals, LLC d/b/a Promescent (“Promescent,” “we,” or “us”) collects and uses Personal Information about you through the use of our Website, and through email, text, and other electronic communications between you and us.

Promescent respects your privacy, and we are committed to protecting it through our compliance with this policy. This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the websites www.promescent.com and rx.promescent.com (collectively, our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Website;
  • in email, text, and other electronic messages between you and our Website;
  • when you interact with our advertising on third party websites and services, if such advertising include links to this policy. 

This policy does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party;
  • any third party, including through any content (including advertising) that may link to or be accessible from or on the Website.

Note, Promescent is not a medical group. Any telehealth consults obtained through our Website are provided by independent medical practitioners (each, a “Provider”). If you elect to use the telehealth services, your Provider, and not Promescent, is responsible for providing you with a Notice of Privacy Practices describing their collection and use of your health information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use our Website, and you must promptly exit our Website. This Privacy Policy may change from time to time. Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

  1. What is Personal Information?

Personal Information is any information relating to a natural person who is, or can be, identified either directly or indirectly from such information and includes information such as a user’s name, address, telephone number, email address, Internet activity (such as browsing history), or other information directly linked to that person. Personal Information that we collect also includes the personal medical information which users provide through the Telehealth Services.

  1. Personal Information We Collect About You and How We Collect It

Promescent collects the following types of Personal Information which you provide to us:

  • Registration information related to patient users;
  • Health information about patient users of the Telehealth Services;
  • Records and copies of your correspondence (including email addresses), if you contact us;
  • Contact details you may provide, such as your name and email address; and
  • Details of transactions you carry out through our Website, including your payment and shipping information.

In addition, from time to time, we may use or augment the Personal Information we have about you with information obtained from other sources, such as public databases, social media platforms, and other third parties.

In addition to collecting Personal Information that you provide to us, we may automatically collect certain Personal Information when you use the Services, such as IP address, information about your browser, device or operating system or similar information. IP addresses are ID numbers for the location of your computer or network on the internet. Log files are recordings of the traffic to and from a server. Promescent servers log IP addresses for systems administration and troubleshooting. We track page hits in the aggregate to track the popularity of pages that people visit. With that information we can improve the quality of our Website. We may also use or allow third parties to use web beacons on our Website to monitor the effectiveness of survey qualification. Web beacons are small, graphic images on web pages, web-based documents, or in email messages that allow us or third parties to monitor who is visiting our Website or if an email has been read. Web beacons collect the IP address of the device where the web beacon is sent, the URL of the page where the web beacon originates, and the time it was viewed. Web beacons may be linked to your Personal Information. We may also use third-party devices, services, links, or electronic mail to deliver surveys to you, which may use cookies, web beacons, or other technology to collect information about your visits to our Website (or other websites) in order to present surveys that may be of interest to you.

The technologies we use for this automatic data collection may include, among others:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text files placed on your computer, and other tracking technologies, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
  1. How We Use Your Personal Information

We and our third-party service providers may use Personal Information to:

  • respond to your inquiries and fulfill your requests;
  • send to you administrative information, including information regarding the Website, and changes to our terms, conditions and policies;
  • schedule and provide services related to the scheduling of an appointment, for example;
  • communicate with you regarding your health status, appointments and related services provided by your Provider;
  • obtain or facilitate payments for appointments and related services provided by your Provider and send you payment receipts;
  • provide you with related customer service;
  • confirm that services you request were provided to you by your Providers;
  • send to you marketing communications that we believe may be of interest to you;
  • personalize your experience on the Website by presenting products and offers tailored to you;
  • further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the Website, improving our services, and determining the effectiveness of our promotional campaigns; and
  • act as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (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, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

Our use of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Provider.

We may also use aggregate or de-identified data that is not personally identifiable for any legally permissible purposes without restriction. 

  1. Disclosure of Your Personal Information

Your Personal Information may be disclosed to:

  • our third-party service providers that provide services such as hosting of the Website, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services;
  • our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes relating to their products and services;
  • third parties, to permit them to send marketing communications to you regarding our products or services or the services of your Providers;
  • for other treatment, payment or health care purposes of your Provider;
  • a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and
  • a third party as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce the Terms and Conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

We may also disclose to third parties aggregate or de-identified data that is not personally identifiable for any legally permissible purposes.

  1. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising.

  • Tracking Technologies and Advertising. You can set your browser or operating system to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
  • Promotional Offers from Promescent. If you do not wish to have your email address used by us to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or by contacting us at. This opt out does not apply to information provided to Promescent as a result of a product purchase, or your use of Telehealth Services.
  • Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website. 
  1. Children’s Privacy

Promescent is concerned about the safety and privacy of children online. Because of this, we will make all efforts to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying FTC regulations establish United States federal law that protects the privacy of children using the internet. Further, our Services are intended only for adults.  However, it is possible that by fraud or deception by others we may receive information given to us or pertaining to minors, including children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers. If you want to notify us of our unauthorized receipt of information by minors, including children under 13, please email privacy@promescent.com

  1. Third Parties

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including Providers, the manufacturer of your mobile device, and any other third party mobile application or website to which the Platform may contain a link. We encourage you to review the Notice of Privacy Practices of each Provider who provides you with services and the privacy policies of each website and application you visit and use.

  1. Data Security

We seek to use reasonable physical, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system is 100% secure, and therefore we cannot guarantee against all potential security breaches.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

  1. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Website. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information, if provided, and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website’s home page. If we make material changes to how we treat our users’ Personal Information, we will endeavor to notify you by email to the email address specified in your account and/or through a notice on the Website’s home page. The date this Privacy Policy was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and reviewing this Privacy Policy to check for any changes.

  1. Contacting Us

You may contact us through the contact information below.

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below.

How to Contact Us:

Absorption Pharmaceuticals, LLC

Attn: Privacy Officer

4690 West Post Rd., Suite 135

Las Vegas, NV 89118

Telephone: 855-426-9500

Email: privacy@promescent.com