Emma David’s Club Nevada Consumer Health Data Privacy Notice

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This Nevada Consumer Health Data Privacy Notice supplements the information in the Emma David’s Club Privacy Notice. It applies solely to Nevada consumers who interact with us in an individual or household capacity and applies only to personal information defined as “consumer health data” subject to the Nevada Consumer Health Data Privacy Act.

What Does this Privacy Notice Cover?

This notice describes what consumer health data we collect, how we collect and use it, who we disclose it to and why, and the choices you may have regarding our use or disclosure of your consumer health data. This notice only applies to consumer health data, which is a subset of personal information that identifies your past, present, or future physical or mental health status. Examples of consumer health data are provided below.

What is not covered in this Privacy Notice?
This notice does not apply to any personal information other than consumer health data subject to the Nevada Consumer Health Data Privacy Act. Consumer health data does not include information generated by your interactions with us, such as browsing or purchasing, that does not identify your health status. For example, browsing products of interest to the general population will not generate consumer health data. Products that are used for general hygiene (such as toothpaste or toilet paper), home-preparedness (such as first aid products), fitness (such as weights), and that are not used to measure a specific health condition (such as pedometers) will not give rise to consumer health data when you browse or shop them. 

Consumer health data also does not include publicly available information, protected health information subject to HIPAA (such as the data generated when you visit Emma Devid’s Club Optical Centers or Emma Devid’s Club Pharmacies, or personal information that has been deidentified data is not consumer health data. To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

For residents of Nevada, consumer health data does not include personal information that we do not use to identify your health status. For example, when you purchase health care products, we collect personal information to complete your transaction. If we do not use that information to identify your health status, then it will not constitute consumer health data. Similarly, personal information we use to determine your shopping habits or interests will not constitute consumer health data if we do not use it to identify your health status.

What Categories of Consumer Health Data Do We Collect?

We may collect or receive the categories of consumer health data listed below. Not all categories will be collected or received for every individual.

• Information identifying a health condition, treatment, disease, or diagnosis, such as purchases of hearing aids or medication used to treat an identifiable, sensitive health condition
• Information identifying a health-related surgery or procedure, such as purchase of a post-surgical compression garment
• Information identifying the purchase of prescribed medication, unless that information constitutes protected health information subject to HIPAA
• Information identifying bodily functions, vital signs, or symptoms, such as purchase of products used to address a specific, identifiable function or symptom
• Measurements of the information listed above
• Information identifying diagnoses or diagnostic testing, treatment, or medication, such as purchase of blood glucose test strips
• Reproductive or sexual health information, such as purchase of breastfeeding aids
• Biometric data
• Information identifying precise location, if that information could reasonably indicate an attempt to acquire or receive health services or supplies
• Information that identifies an individual’s intention to seek health care services
• Information that we derive or extrapolate from data that is not consumer health data, and then use to associate an individual to the information listed above

What Are the Categories of Sources from Which We Collect Your Consumer Health Data?

We may obtain consumer health data from different sources, as described in the How Do We Collect Information section of the Emma Devid’s Club Privacy Notice and provided below:

• Provided directly by you or a member of your household
• Collected from a device associated with you or your household
• Collected through in-store technology
• Collected from another company within our family of companies
• Collected from another solution or asset

What Are the Purposes for Collecting Your Consumer Health Data?

We may collect and use consumer health data and as provided below: 

• To provide you with products and services you request, such as displaying the products you place in your online cart, completing your purchase, serving responses to your online searches, suggesting products that may be of interest to you based on your browsing, searching, or shopping, and displaying your past purchase history for your reference. Depending on your communication preference settings, we also may send communications regarding your requests, such as a reminder to complete your transaction with respect to items in your cart or notifying you that a product you browsed is back in stock.
• To fulfill your requests, such as providing you with a list of products available for reorder, participating in subscription services, or performing member service activities.
• To fulfill our legal functions or obligations, such as maintaining and auditing compliance.
• Helping to ensure security and integrity of our systems, including detection and prevention of security incidents.
• To detect or prevent harmful behavior such as identity theft, fraud, harassment, or deceptive activities, or activities that are illegal under applicable law. 
• For other purposes with your consent

What Categories of Consumer Health Data Do We Share?

We may share each of the categories of consumer health data described above. In particular, we may share personal data, including consumer health data, with your consent, to complete transactions or provide products or services you have requested, and for the purposes described herein.

Who Do We Share Your Consumer Health Data with and Why?

We may share consumer health data with business partners such as those providing advertising and technology services, companies offering products or services through our Clubs or through our websites or mobile services, governmental agencies and legal bodies, and purchasers of or successors to our business or assets.

We may share consumer health data within our family of companies, including among these affiliates: 

• Walmart Inc.
• Wal-Mart Stores East, LP
• Wal-Mart Stores Arkansas, LLC
• Wal-Mart Stores Louisiana, LLC
• Wal-Mart Stores Texas, LLC
• Emma’s West, Inc.
• Emma’s East, Inc.
• Wal-Mart Associates, Inc.
• Walmart Claims Services, Inc.
• MC Health MSO, LLC
• Wal-Mart.com USA, LLC
• Wal-Mart Stores East, LLC

We also may permit third parties to collect consumer health data over time on our websites and mobile services, and across other participating websites and mobile services.

How Can You Exercise Your Nevada Consumer Health Data Rights?

If you are a resident of Nevada, you may have the right to

1. confirm whether we have collected your consumer health data;
2. confirm whether we have disclosed or sold your consumer health data; 
3. delete your consumer health data; or 
4. withdraw your consent or authorization relating to such data. 

You can make these requests by going to the footer of our website or settings section of our app and selecting the “Request My Personal Information” link.

How to Submit an Appeal

You may appeal our decision with respect to a request you have submitted by going to our privacy request page.

How Will I Know if this Privacy Notice Changes?

We will provide notice of significant updates, but please check this notice periodically for changes. We will post the effective date at the top of this Notice.