Publix Specialty Pharmacy Website Policies

Last updated: November 6, 2015

Table of Contents

Terms of Use

Acceptance of Terms

The site through which you accessed these terms ("Site") is made available to you by Publix Super Markets, Inc. and its affiliates (collectively "Publix" or "We") subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you agree that these Terms of Use create a legally binding agreement between you and Publix. Publix reserves the right, at any time, to modify these Terms of Use. By continuing to use the Site following such modifications you agree to be bound by such modifications. You should periodically visit this page to review our most current Terms of Use. Please note that other Publix websites or specific portions or features of the Site may be subject to additional policies, terms or conditions ("Additional Terms"). Please review all Additional Terms, which are incorporated into and made a part of these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall take precedence with respect to your use of that area of the Site or other website. Finally, these Terms of Use incorporate by reference any other notices contained on this Site and constitute the entire agreement between you and Publix with respect to your access to and use of the Site.

Ownership

The Site, in its entirety, including but not limited to all design and content, is the sole property of Publix and its content suppliers and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of Publix or the respective owner. You may not use Publix's name, logo or other trademarks for any purpose without the express written consent of Publix. Any rights not expressly granted herein are reserved by Publix.

Links

Publix may provide links on the Site to other websites (including co-branded websites) that are not under the control of Publix. Publix does not assume any responsibility for the operation, content, privacy practices of such websites or the technology they implement. You agree that you use these websites at your sole risk. These websites might be governed by different terms of service, privacy policy and other policies. It is your responsibility to read and understand such terms and policies. Publix in its sole discretion may modify or remove such links at any time and without notice.

Prohibited Conduct and Site Security

Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site will not be permitted. The Site may only be used for lawful purposes. You are prohibited from (a) accessing or using this Site in order to collect information about Site visitors or registered users of this Site, (b) violating or attempting to violate the security of the Site, or (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. Violations of system or network security may result in civil or criminal liability.

Warranties and Limitation of Liability

(a) ALTHOUGH PUBLIX RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PUBLIX DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM PUBLIX, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PUBLIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT PUBLIX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PUBLIX UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

(c) You agree to hold harmless Publix and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Site or your inability to access or to use the Site or from any services rendered by Publix or its contractors in conjunction with the Site or your use of the Site.

Governing Law and Dispute Resolution

By visiting this Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Publix.

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE AND RELATED SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN TAMPA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (EXCLUDING PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN TAMPA, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN TAMPA, FLORIDA.

Notwithstanding the foregoing, in the event of intellectual property claims by Publix against you, Publix shall have the right to litigate such claims in any state or federal court in Tampa, Florida, and you consent to the exclusive and mandatory venue in such courts.

Waiver

Publix's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Questions about our Terms of Use

Contact us if you have any questions about these Terms of Use or if you would like to receive a copy free of charge.

Privacy Policy

At Publix, we are committed to protecting your privacy. We developed this Privacy Policy to share with you our information collection practices and the options you have when visiting and utilizing this Site. By using this Site, you are agreeing to accept the practices described in this Privacy Policy.

Publix reserves the right, at any time, to modify this Privacy Policy. By continuing to use the Site following such modifications, you agree to be bound by such modifications. We will post our most current Privacy Policy on this page and you should periodically visit this page to review it.

What Is Collected, and How Do We Use It?

You can visit our Site and the mobile site without providing any personal data to us. However, certain sections of our Site do include forms. Some of those forms may request that you supply your email address, name, address, company name, employment position and/or title. This information may be used to contact you in response to questions or inquiries that you send to us through the Site.

Information that We Collect from You

You may be able to access the Site an use some of our services without providing any personal information to us. However, in order to take advantage of certain features, offerings, or other functions of the Site you may be asked or required to provide your personal information. You can always choose not to provide this information; however, if you choose not to provide such information you may not be able to utilize certain functions or features of the Site.

Information We Collect Automatically

We you access the Site, we may collect information about how you use, access or otherwise interact with the Site, our emails and online advertising. We do so for various reasons, including to help ensure the Site continues to work correctly, to improve the Site, to support marketing campaigns, to understand our users and how they use the Site, and to offer you a more personalized experience. The information collected may include technical information such as your IP address, the type of device you use to access the Site, the operating system on your device, the website or other online service that directed you to our Site, and the content that you view on the site. For more information about how we collect this information, please see our Cookies and Other Tracking Technologies section below.

Information Collected from Mobile Devices

When you access our Site via a mobile device, we may collect various information, including the type of mobile device you use, the temporary or persistent device identifier associated with your device, the IP address of your mobile device, the device’s operating system, the browser you use to access the Site, and information about how you use the Site, and your device’s location as described below.

Location Information. Our mobile applications and websites may collect precise information about the location of your device after you permit us to obtain such information from technologies such as Bluetooth beacons, GPS, Wi-Fi signals or cell tower signals. We collect this information to provide you with services, content and offers based on your location. To opt out of the collection of precise location or presence information, you can adjust the permissions on your mobile device.

How Do We Use Your Information?

  • We may use the information we collect to deliver general promotional and marketing materials to you, via physical mail or electronically, regarding Publix and its products and services.
  • We may use the information we collect to fulfill your requests for our products, programs, or services; to respond to your inquiries; to offer you other products, programs or services that we believe may be of interest to you; to survey you; and otherwise for the purposes for which you provided the information.
  • We may combine the information we collect from your use of the Site with information that we collect from other sources.
  • We may use the information we collect for research, market studies, or to enhance the products and services we provide to you.
  • We may use the information we automatically collect from you to deliver marketing communications, special offers, or advertisements that may be of interest to you, including the delivery of targeted advertisements that are based on your previous online activity on the Site.
  • We do not sell or rent your personal information to outside parties.
  • We may transfer your personal information to our service providers who use that information to conduct business on our behalf.
  • We may share anonymized information with our partners and advertisers. Anonymized information is information that is altered, combined or otherwise processed so that it cannot be reasonably identified with an individual person. We may use the information to create personalized content, offers, services and advertising. This includes personalized content based on the precise location information we collect from mobile devices or the location that we infer from your IP address or other information.
  • We may disclose the information to third parties when we are required to do so by any law, regulation, or court order, subpoena, law enforcement, or other regulatory requirement.
  • We may disclose the information if we believe that such disclosure is necessary or appropriate to comply with applicable law, operate the Site or to protect the rights, property or safety of Publix, other Site users or others, or our partners, affiliates, sponsors, providers, licensors, or merchants, to prevent harm or loss, or in connection with an investigation of suspected or actual unlawful activity.

Your Options Regarding the Information that We Collect

You may choose to:

  • Stop receiving marketing or promotional e-mails, direct mail, phone and mobile marketing communications, as applicable;
  • Update and correct the information that you provide us; or
  • Request that we no longer use the information you have provided to us to provide you services.

To exercise your choices, you may:

  • Opt out of receiving marketing or promotional communications by following the directions in a marketing e-mail, direct mail, or mobile communication that you receive from us;
  • Call 800-242-1227 with your request and current contact information;
  • Contact us online with your request and current contact information.

Please note that it may take time to remove your information from our databases and that you may receive communications from us until such time as it is removed. Please note that it may not be possible to completely remove your information due to backups, records of deletions, and data retention requirements or policies.

Cookies and Other Tracking Technologies

By use of this Site, you consent to our use of cookies, web beacons, and other similar technologies. We use these technologies to receive and store certain types of information whenever you interact with this Site. The information obtained by using these technologies (including the pages you visit on our Site, which web address you came from, information about the devices and software you use, and the content you view) helps us in various ways, including to customize your experience, improve the Site, learn what areas of the Site are of most interest to our customers, and troubleshoot any issues. In order to provide the best guest experience possible, we also use this information for reporting and analysis purposes.

Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your internet-enabled device, some parts of the Site may not function properly or offer you the same degree of personalization. In addition, you may be able to exercise choices regarding companies such as online network advertisers via certain third party tools. Read more information about such choices at: http://www.aboutads.info/choices/.

We may also use technologies that let us know whether you viewed certain content, whether you viewed our emails or other electronic communications, and whether the advertising we place on the Site and other websites is effective.

We use Google Analytics to learn about how you and others use the Site. You can learn more about how Google uses the information it collects at: https://www.google.com/policies/privacy/partners/.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

Third-Party Content and Activities

The Site may contain links to content or integrated content provided by third parties. The information practices of those third parties may differ from ours. You should consult the privacy policies of any third party that you access through the Site as we do not control and are not responsible for the information that they collect, use or share. Because your web browser may contain integrated content directly from third party servers, the third parties may be able to collect information as if you had visited their sites directly. Some of the third parties that provide content on the Site or support our business by facilitating online advertising, analytics, or research may use technologies to track your online activities over time and across various websites and other online services.

Security

Publix uses administrative, technical, and physical safeguards designed to safeguard the information we collect via the Site. However, no information can be 100% secure and Publix cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit or receive via the Site over networks that we do not control, including the Internet and wireless networks.

Privacy of Children

Publix does not knowingly market to, or solicit personal information from, children (under the age of 18) through this Site. If you are a parent and believe your child has provided personal information to Publix through this site, please contact us.

Questions about Our Privacy Policy?

Please let us know if you have any questions about our Privacy Policy by contacting us.

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