Privacy Policy

LAST UPDATED: February 18, 2021

Introduction and Scope

TherapeuticsMD, Inc. and BocaGreenMD, LLC (“we”, “our”, or “us”) are committed to protecting your privacy. This Privacy Policy describes the information that we collect through your interactions with us and your use of our website located at www.bocagreenmd.com (the “Services”). It also describes how we use and disclose the information that we collect, and the choices you have regarding how that information is used.

By using the Services, you agree to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, or about the way your information is collected, processed, or used, please contact us as described in the “How to Contact Us” section below.

We may change this Privacy Policy. When we change this Privacy Policy, we will post the revised version to our website. The revised version of this Privacy Policy is effective immediately when we post it to our website. Your use of the Services after we post a revised version of the Privacy Policy means that you accept the revised version.

We understand that your health is a very personal and private subject, and we are committed to maintaining the privacy of your health information.

Information We Collect

Personally Identifiable Information

We may collect information that uniquely identifies you or can be combined with other information that may uniquely identify you, including your name, date of birth, physical address, e-mail address, phone number, billing and shipping information (including your credit card number), and information related to your prescription (“Personally Identifiable Information”).

We collect Personally Identifiable Information when you provide it to us through the Services, including when you:

• Enter into a transaction with us;
• Register for the Services;
• Provide us with your Personally Identifiable Information because you are interested in receiving information about our products or services, such as e-mail alerts, newsletters, or other notifications;
• Provide us with your credit card number, bank account, or other information in order to process your payment;
• Participate in surveys; or
• Provide Personally Identifiable Information to us over the phone, by e-mail, or any other means you use to contact us or correspond with us.

We may combine the information we collect from you through the Services with information we receive from and about you from other online and offline sources, and may use the combined information in accordance with this Privacy Policy.

Non-Personal Information

We may collect information that does not uniquely identify you, but that otherwise relates to you or your use of the Services. For example, we may collect information about your interaction with the Services, content, and advertising, including information about your computer and connection, which pages you view, your IP address, your browser, or your traffic and usage patterns (“Non-Personal Information”).

We may collect your Non-Personal Information through cookies, web beacons, log files, and similar technologies. “Cookies” are small files that we place on your computer. Your browser can be configured to accept or reject most types of cookies. Please consult your browser’s documentation for more information.

How We Use Collected Information

Personally Identifiable Information

We may use your Personally Identifiable Information to:

• Fulfill your transactions;
• Contact you with information about your transactions;
• Send e-mail alerts, newsletters, or text messages;
• Provide you with customer service;
• Send you marketing communications or administrative information, including through the use of push notifications in our mobile applications;
• Personalize your experience of the Services, including by presenting marketing content tailored to you;
• Facilitate social sharing functionality that you initiate;
• Cooperate with law enforcement. If law enforcement officials or judicial authorities request that we provide Personally Identifiable Information, we may do so. In matters involving claims of personal or public safety or in litigation where the information is pertinent (including to allow us to pursue available remedies or limit the damages that we may sustain), we may use or disclose Personally Identifiable Information, including without court process. We may also use or disclose Personally Identifiable Information to enforce our Terms and Conditions or other agreements, to protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety or property and/or that of our affiliates, you, or others; or
• Investigate security breaches or otherwise cooperate with authorities.

Non-Personal Information

We may use Non-Personal Information for any purpose, including any of the purposes for which we use Personally Identifiable Information, except to the extent limited by applicable law. We may use Non-Personal Information to, among other uses:

• Provide the Services to you or other customers;
• Monitor or improve the Services; or
• Further our business purposes, such as through data analysis, audits, fraud monitoring and prevention, developing the Services and new products and services, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

We may also use Non-Personal Information in combination with Personally Identifiable Information. If we do, we will treat the combined information as Personally Identifiable Information as long as it is combined.

Disclosure to Third Parties

We may disclose your Personally Identifiable Information or Non-Personal Information to third parties for any of the permitted uses described above. For example, we may disclose your Personally Identifiable Information or Non-Personal Information to:

• Our service providers or agents, who provide services such as website hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other services;
• Your friends, contacts or others associated with your social media account, other customers, and with your social media account provider, if you choose to connect your social media account with your customer account or otherwise engage in social sharing on the Services. By connecting your customer account and your social media account, you authorize us to share Personally Identifiable Information and Non-Personal Information with your social media account provider, and you understand that the use of the Personally Identifiable Information and Non-Personal Information we share will be governed by the social media site’s privacy policy;
• Our affiliated businesses or business partners;
• Third parties in connection with the sale or transfer of some or all of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings or by way of merger or other change of control) or as security, or to the extent we engage in business negotiations with third parties, to third parties as part of any such transaction or negotiation; or
• Law enforcement officials, regulatory authorities, or as otherwise required by law.

Actions You Can Take

You can request the removal or modification of the Personally Identifiable Information you have provided to us by sending an e-mail to privacy@bocagreenmd.com. For your protection, we may only implement requests with respect to the Personally Identifiable Information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity and obtain information on the context in which you provided your Personally Identifiable Information before implementing your request. We will try to accommodate your request as soon as reasonably practicable.

Please note that we may need to retain certain information to comply with applicable law and 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.

You may click the unsubscribe link at the bottom of emails you receive from us to stop receiving emails, and reply STOP to our text messages to stop receiving SMS messages. You may control the receipt of push notifications from our mobile applications through your mobile device settings.

Do-Not-Track Signals

Your browser may allow you to send us a “do-not-track signal” to communicate your privacy preferences to us. The Services do not respond to browser do-not-track signals.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of Personally Identifiable Information to third parties for their direct marketing purposes. To make such a request, please contact us as described in the “How to Contact Us” section below.

Your Responsibility

If you submit any personal information relating to other people in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

By establishing an account with us, you agree that it is your responsibility to:

• Authorize, monitor, and control access to and use of your account, your access credentials, and your password; and
• Promptly inform us of any need to deactivate a password or an account by contacting us as described in the “How to Contact Us” section below.

Security

We seek to use reasonable physical, technical, and administrative safeguards to protect Personally Identifiable Information. Unfortunately, no Internet-connected system is 100% secure. If you have reason to believe that your account has been compromised or that the Services are otherwise no longer secure, please immediately contact us as described in the “How to Contact Us” section below.

Who May Use the Services

The Services are not directed to users under the age of 13. We do not knowingly collect personal information online from any person we know to be under the age of 13, and users under 13 must not send any information to or through the Services.

The Services are designed for users from, and are controlled and operated by us from, the United States. By using the Services, you consent to the transfer of your information to the United States, which may have different data protection rules than those of your country.

Other Websites

The Services may contain links to, or otherwise make available, third-party websites, services, or other resources not operated by us or on our behalf (“Third-Party Services”). These links are provided as a convenience only and do not constitute an affiliation with, endorsement of, or sponsorship of the Third-Party Services. Any information you provide to or through such Third-Party Services is not governed by this Privacy Policy, and we are not responsible for the privacy or security of such information. You should review the privacy policy of any third party to whom you provide information online.

How to Contact Us

If you have any questions or concerns about this Privacy Policy, please email us at privacy@bocagreenmd.com or call us toll-free at 1-888-543-9160, option 5, Monday through Friday between 8:00am and 10:00pm EST, or Saturday between 9:00am and 3:00pm EST.

You may also contact us at the following address: