Privacy Notice on Data Collection/Conditions of Use

Use Policy:

Thank you for visiting the State of California’s HCAI website and reviewing our Use Policy. HCAI manages the CalRx program and hosts this site for the CalRx address (www.calrx.ca.gov).  You should also be aware that a Privacy Policy is also available on this website. HCAI wants you to know about the collection, use, security, and access to information that may be obtained through use of the  website. By visiting this website, you are accepting the policies and practices described in this Notice. This Notice covers the following topics:

Please note that this Use Policy is subject to change without notice and that it reflects HCAI’s current business practices. This Use policy is dated January 1, 2022

Personal Information and Choice:

“Personal information (PI)” which also includes Personally Identifiable Information (PII) is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered “electronically collected personal information.”

“Electronically collected personal information” that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the website, sending an email, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the website.

If any type of personal information is requested on the website or volunteered by the user, State law, including the Information Practices Act of 1977, Government Code Section 11015.5., and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it and may be subject to public inspection and copying if not otherwise protected by federal or State law.

Additionally, departments and agencies of the State of California under the authority of the Governor are required to adhere to the Privacy Policy which is also accessible on this website.

A Privacy Partnership:

Your privacy with respect to the use of CalRx’s website results from a partnership between the State and you, the user. At this website, we will protect your privacy to the maximum extent possible. However, because some of the information that we receive through this website is subject to the California Public Records Act; please note that information you send to us through this site may be subject to disclosure to members of the public under the California Public Records Act.

You can maximize the benefits of your privacy partnership with the State by making informed decisions about whether to share personally identifiable information with us through this website.

A Special Note about Children:

Children are not eligible to use services that require submission of personal information, and we require that minors (under the age of 18) do not submit any personal information to us. This includes submitting personal information to the State as part of a user profile or personalization profile. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

Information Voluntarily Provided by You:

This CalRx website collects voluntary information from you through surveys, emails, subscriptions, third party online forms, and any comments posted on social media pages hosted by this website. All such information, including comments and emails sent by you to this site will contain personal information.

Information Collected and How it is Used:

Collection of electronic personal information is required to deliver the specific services but use of these services is voluntary.

If you do nothing during your visit to the website but browse or download information, we automatically collect and store the following information about your visit:

  1. The Internet Protocol Address and domain name used, but not the email address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
  2. The type of browser and operating system you used;
  3. The date and time you visited this site;
  4. The web pages or services you accessed at this site;
  5. The website you visited prior to coming to this website;
  6. The website you visit as you leave this website; and
  7. If you downloaded a form, the form that was downloaded.

The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering website statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our website to continually improve the value of the materials available. Our website logs do not identify a visitor by personal information, and we make no attempt to link other websites with the individuals that browse the State’s/CalRx’s website.

Government Code § 11015.5.(a)(6) prohibits all state agencies from distributing or selling any electronically collected personal information, as defined above, about users to any third party without the permission of the user. CalRx does not sell any “electronically collected personal information.” Any distribution of “electronically collected personal information” will be solely for the purposes for which it was provided to us.

CalRx may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to CalRx’s websites.

What Happens to Information You Submit to Us?

If you choose to submit information to us, the information will be transmitted through secure lines to our departmental database. Any private information will only be used for the purposes for which it was provided and will not be shared with another entity except as prescribed by law. Please see our Privacy Policy for additional information.

Use of Internet Request for Assistance Form Information:

Any information you provide to us will only be shared with entities involved in your case as necessary. Information you provide may be included with other consumers’ information to be used for statistical reporting, trending data, and/or investigative actions. For example, we may need to retain information that becomes part of an enforcement action or consumer complaint case for a period after the closing date of the case.

If you provide us with information regarding an issue that does not fall within our regulatory jurisdiction, we may refer your information to the appropriate local, State, or federal agency on your behalf.

Google Analytics – Usage Data:

CalRx uses a tool called Google Analytics™ to collect information about use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information from Google Analytics only to improve this site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected using Google Analytics with personal identifiable information. Although Google Analytics plants a Persistent Cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google.

Google recently released Universal Analytics™ as an upgrade to and eventual replacement of Google Analytics. Universal Analytics is Google’s new operating standard for website data collection, reporting, and tracking. It uses a new tracking method that utilizes a single cookie which assigns a unique, but not personal identifying, visitor ID that allows tracking of the same user between multiple devices and browsers and is able to import data from online and offline devices. The transition from Google Analytics to Universal Analytics is expected to occur gradually over time until all users switch over or are otherwise auto transferred to the new analytics platform at which time Google Analytics is expected to be phased out and/or no longer supported.

Google’s ability to use and share information collected by Google Analytics about your visits to this website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. The Google Analytics Terms of Use are available online at http://www.google.com/analytics/tos.html. The Google Privacy Policy is available online at http://www.google.com/privacypolicy.html. Information about Universal Analytics is available at Universal Analytics Upgrade Guide and its related Frequently Asked Questions. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. However, Universal Analytics will allow tracking even when cookies are disabled.

If You Send Us Email:

You may choose to provide us with personal information, as in email with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your email to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or, as required by law, we do not share our email with any other organizations.

We use your email to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our website, or to forward the email to another agency for appropriate action.

Public Disclosure:

In the State of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by State government. At the same time, there are exceptions to the public’s right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both State and federal laws provide exceptions.

All information collected at this site becomes public record that may be subject to inspection and copying by the public unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.

Personal Information:

Under Government Code § 11015.5., if you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.

Dissemination of Personal Information:

We do not sell any personal information collected through this website or submitted to the State in conjunction with using functions on the website, and there is no direct or online public access to the information. However, once you voluntarily submit personal identifiable information to us related to your use of this website, its dissemination is governed by the Public Records Act, the Information Practices Act of 1977, and other applicable laws and regulations. For this reason, part or all of the information you send us may be provided to a member of the public in response to a public records request. There are types of information, such as credit card numbers, TIN, username, or password that are exempt from disclosure by the Information Practices Act. 

In addition, the information that you voluntarily submit through emails will be disclosed only to CalRx and other State employees or officials, or those under contract with the State, with a “need to know” for purposes of fulfilling their job responsibilities. The information will be used for such purposes as answering your questions, responding to any requests for assistance, generating summary statistics about usage, auditing applications, and detecting fraud, aiding in the planning, design and development of CalRx’s website, the CA.Gov website, and fulfilling the State’s legal obligations.

Your Right to Access Information and Opportunity to Correct:

The Public Records Act and the Information Practices Act provide you certain rights to get information about you that is in CalRx’s records. To learn more about the circumstances under which you can obtain this information or request correction of any inaccuracies, please contact the HCAI Privacy Officer .

Automatic Collection of Information/Cookies:

Cookies are simple text files stored on your computer by your web browser. The main State portal does not use cookies to maintain personalization, however some departmental applications may.

Cookies created on your computer by using this website do not contain “personal information” and do not compromise your privacy or security. 

The CalRx website employs the use of “Persistent Cookies”. The purpose of these Persistent Cookies is to collect and aggregate data regarding the site’s visitor activity for CalRx to continuously evaluate and improve its website services. These cookies will not store personal credentials or information. You may elect to disable the Persistent Cookies. Please be advised that disabling the Persistent Cookies may affect your ability to view or interact with this website.

Security:

 CalRx, as developer and manager of this website, has taken steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the entire State operating environment as part of its continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the CalRx supported website. 

Our website has links to sites we feel might be useful to you and which may provide services. When you link to another site, you are no longer on our site and are subject to the privacy policy of the new site.

The State of California accepts no responsibility for the content or accessibility of the external websites or external documents linked to on this website.

This website and the information it contains are provided as a public service by the State of California. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

Limitation of Liability:

 CalRx attempts to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation.

The State/CalRx makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the State of California, or its employees or agents.

Ownership:

In general, information presented on this website, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, the State/CalRx does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. To use any information on this website not owned or created by the State/CalRx, you must seek permission directly from the owning (or holding) sources. The State/CalRx shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. The State/CalRx shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

Contact Information:

The HCAI Privacy Officer may be contacted as follows:

The Department of Health Care Access and Information
Privacy Officer
2020 West El Camino, Suite 800 
Sacramento, CA 95833
Privacy.Officer@HCAI.ca.gov

Disclaimer Notice

While CalRx strives to make the information on this website as timely and accurate as possible, CalRx makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this site. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to this website or is links to other Internet resources.

The information appearing on this website is for general informational purposes only and is not intended to provide legal, financial, health care or other advice to any individual or entity.

In any situation where the official printed publications of CalRx or the State of California differ from the text contained in this site (or its links to other State website sources), the official printed publications take precedence.

Reference in CalRx’s website to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by CalRx.