Pharmacy Mobile Alerts Terms and Conditions
Pharmacy Mobile Alerts Terms and Conditions: The Terms and Conditions below go into effect on June 30, 2023 (collectively, “Terms”). If you continue to use Pharmacy Mobile Alerts service after the effective date, you will be deemed to have agreed to the changed Terms and Conditions, including understanding that disputes will be arbitrated. This agreement to arbitrate means that both you and Albertsons waiver your/its respective rights to a jury trial.
Last Updated: June 30, 2023
ATTENTION: These Terms are in addition to the Health and Pharmacy App Terms of Use, which are incorporated herein by reference.
ATTENTION: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE ARBITRATION SECTION BELOW (You Agree to Arbitrate Disputes and Will Not Be Part of a Class Action Against Us), REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND THE COMPANY (AS DEFINED BELOW) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
These Terms and Conditions govern your use of the Pharmacy Mobile Alerts service provided by Albertsons Companies, Inc. and its banners, including, without limitation, ACME®, Albertsons®, Andronico's ®, Balducci's®, Carrs®, Haggen®, Jewel-Osco®, Kings Food Markets®, Market Street®, Pavilions®, Randalls®, Safeway®, Shaw's®, Star Market®, Tom Thumb®, United Express®, United Supermarkets®, and Vons®.
Why did we update these Terms and Conditions?
We are constantly finding new ways to make our patients’ experience better and excited to announce that we’ve changed our mobile alerts to give you more control over the types of messages you want to receive.
Let us explain your new mobile alert options!
Pharmacy Mobile Alert Baskets
At your Pharmacy, we want to make it easy for you to track your prescriptions and services. That’s why we provide a service that lets you receive mobile alerts including text and push notifications. If you sign up for this service, you’ll receive mobile notifications with important pharmacy information, including:
- When your prescriptions are ready for pickup or refill
- Updates on your medication orders
- Alerts about other healthcare services you might be interested in
We hope that signing up for mobile alerts will help you manage your prescriptions with just a glance at your phone. Connecting with us through mobile alerts also makes it easier for us to tell you about important medical information like generic medicine alternatives and coupons that can help cover your medical expenses.
We want to message you about the things you care about, so we’ve categorized our types of messages into different baskets that you can choose from, which may include:
- Pharmacy orders: this will include refill and expiration reminders, prescription pickup information, and appointment notifications, etc.
- Care: this will include seasonal flu shot reminders, immunization information, and other healthcare service messages to help you manage your pharmacy needs.
- Deals & Discounts: this will include things like pharmacy rewards, co-pay coupons, and, in certain scenarios, information about generic medicine alternatives or other healthcare information to help manage a specific condition or your general pharmacy needs.
If you manage your pharmacy needs through our Sincerely Health mobile app, you may be presented with additional options, such as managing prescription dosage reminders at the mobile device level.
How Do I Sign Up for Mobile Alerts and Select my Alert Baskets?
You can sign up for mobile text alerts at our pharmacy. When you check-out, you’ll provide your mobile phone number on the check-out screen pad. Once you’re enrolled, you’ll start receiving Pharmacy order and Care messages. You can opt-out of receiving any of these messages at any time. See the section below on Opting Out.
You can also opt-in to mobile alerts and manage your preferences online and within our mobile app. Log in to your Sincerely Health pharmacy profile and click on the circle in the top right with your initials. This will open your Profile & Settings, and you can select Notifications. Here you can enroll and manage your communication preferences for Text and Push. You can toggle on or off any of the baskets at any time.
To enroll in mobile text alerts, you just need to provide your personal mobile phone number with an area code within the 50 United States or the District of Columbia.
Your Phone, Your Info – Your Choice
Whether in-store, online, or in the app, you can receive all or none of the alert baskets—whichever you prefer. But if you want to receive the Deals & Discounts messages, you’ll need to agree to the HIPAA Marketing Authorization because we’ll need to use your protected health information (PHI)—which includes your phone number—to text you personalized offers. Sending you Deals & Discounts messages constitutes marketing under the law, so we need your consent before texting you these deals.
When you sign up for Deals & Discounts within your Sincerely Health pharmacy profile, you’ll see the HIPAA Marketing Authorization linked right there at the opt-in box. Please review the Authorization before you opt-in to Deals & Discounts.
When you sign up in-store at the pharmacy, we’ll need to text you a link to review the HIPAA Marketing Authorization, and you’ll need to reply to the text with your consent. We won’t be able to send you the Deals & Discounts until you reply, so be sure to follow the instructions included in the text message.
You can opt-out of receiving any of these messages, including revoking your HIPAA Marketing Authorization, at any time. See the section below on Opting Out.
You can also choose what medication information you want included in your mobile alerts. Do you want us to include the full name of your medication (some people find this very helpful, especially if they have multiple prescriptions and need to know which one is due for a refill or about to expire)? Would you rather get the prescription number only? It’s Your Phone, Your Information—Your choice, so you tell us.
You can manage your medication information preferences within our mobile app or online. Log in to your Sincerely Health pharmacy profile and click on the circle in the top right with your initials. This will open your Profile & Settings, and you can select Notifications. Here you can manage your medication information preferences for mobile alerts.
When you sign up for mobile alerts in-store at the pharmacy, we may send you a text message with instructions on how to select your medication information preference by replying to the text message—so keep an eye out for that message.
By signing up for mobile alerts, you acknowledge that alerts may include information about your prescriptions or other PHI. We recommend that you password protect your phone to help prevent your PHI from being seen by someone else. Please be aware that mobile alerts are not a secure method of communication. By choosing to receive PHI via mobile alert, you accept the risk that some PHI could be seen by someone other than you.
When you sign up for mobile alerts, you also agree to receive automated or prerecorded calls and texts (including marketing messages) at the mobile number provided about pharmacy orders, care, and deals & discounts and other healthcare related messages, from Albertsons Companies and its banners. We may also partner with vendors to send the messages on our behalf, but if we do, we ensure that the vendor’s use of your personal data (e.g., phone number) is restricted to sending these messages on our behalf only—they can’t use your personal data for other purposes.
Consent is not a condition of purchase, receiving pharmacy services, or account registration. Message and data rates may apply, depending on your cellular service provider.
Frequency varies based on your pharmacy orders and services.
When you sign up for the mobile alert program in-store at the pharmacy, you may receive a text message confirming your enrollment and providing you with these Terms for using the program. You may also receive the HIPAA Marketing Authorization if want to sign up for Deals & Discounts, so remember to reply with your consent.
Keep your phone number updated, PLEASE!
By enrolling in mobile alerts, you agree to notify your local Pharmacy if your contact information should change. It is important to update your local Pharmacy when your phone number changes because if you do not notify us, there is a risk that messages intended for you will be sent to and seen by someone else. In this case, we cannot be responsible for messages, and the content of these messages, being shared with someone else. Please keep your phone number updated!
To update your phone number, you can speak with any pharmacy team member at your local Pharmacy or log in to your Sincerely Health pharmacy profile online or in the mobile app to update your number. To update your phone number online or in the app, log in to your Sincerely Health pharmacy profile and click on the circle in the top right with your initials. This will open your Profile & Settings, and you can select Profile Details. Here you can update your phone number, and then verify your phone number using the verification code to continue to receive text notifications.
Opting Out
You may notice text messages being sent from a few different short codes (the 5-digit number you see on your phone). For example, Pharmacy order messages are sent from one short code and Deals & Discounts messages are sent from a different short code. This separation allows you to manage your alert baskets by text. If you no longer want to receive Deals & Discounts messages, you can opt-out of that alert basket by following the instructions in the text message (i.e., reply STOP to cancel Deals & Discounts messages). Opting out of Deals & Discounts messages won’t affect your other alert baskets (i.e., you can still receive Pharmacy order messages).
To opt-out of mobile alert baskets, follow the opt-out instructions within the text message itself. Most of the time, the text message will instruct you to reply STOP to cancel those messages, but the reply word may vary by message (i.e., it could say reply QUIT, reply CANCEL, etc.).
You can also toggle off any of the alert baskets for text and push within your Sincerely Health pharmacy profile at any time. To do this, log in to your Sincerely Health pharmacy profile and click on the circle in the top right with your initials. This will open your Profile & Settings, and you can select Notifications. Here you can manage your communication preferences. If you toggle off any of the baskets, we’ll treat that as an opt-out. If you toggle off the Deals & Discounts basket, we will also treat that as revoking your HIPAA Marketing Authorization—so we will no longer use your PHI for marketing purposes.
Can I get mobile alerts as a Caregiver?
If you’re an authorized Caregiver for another patient, you can register for mobile alerts for that other patient. In the case of an adult managing a minor’s pharmacy needs, we are required, when the minor turns 18, to terminate the Caregiver’s mobile alerts. At that time, the 18-year-old can register for their own pharmacy profile and opt-in to mobile alerts independently.
Modification, Suspension, and Termination
We reserve the right to modify, suspend, or terminate the mobile alert service, these Terms, or your right to receive mobile alerts at any time for any reason, without prior notice. Mobile alerts are also subject to termination if your wireless service terminates or lapses. We shall not be liable to you with respect to any termination or suspension. We reserve the right to modify the format or features of the mobile alerts at any time.
We may send you notice of material changes to these Terms by posting a revised version on our Other Policies and Disclosures webpage, on the mobile app, or by other reasonable means. Your continued use of the mobile alerts service after such notice constitutes your acceptance of the modified Terms.
Disclaimers and Limitations
We strive to provide accurate and timely mobile alerts but we do not guarantee the accuracy, completeness, or availability of the information provided through mobile alerts. In addition, the Pharmacy Mobile Alert Services may contain typographical, pictorial, and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on or in any of the Pharmacy Mobile Alert Services and do not guarantee that they will be corrected.
You acknowledge that mobile alerts are not a substitute for professional medical advice, diagnosis, or treatment. You should always consult your healthcare provider for specific medical advice.
We shall not be liable for any damages or losses arising from your reliance on mobile alerts or the interruption, suspension, or termination of the mobile alerts service.
You Agree to Arbitrate Disputes and Will Not Be Part of a Class Action Against Us
For the following section the term “Company” means Albertsons Companies, Inc., directly and through one or more of its affiliates/subsidiaries and the term “You” means any and all users of our mobile alerts, any person who has notice of these Terms and Conditions, and any person acting as an agent of a user of any Company website, online ordering services, and mobile applications.
(a) Except for cases involving claims for public injunctive relief (as defined by law), you and Company agree that all controversies, claims, counterclaims, or other disputes arising between you and Company relating to these Terms or arising out of your access to or use of any of the Pharmacy Mobile Alerts (each a "Claim") will be resolved through binding and final arbitration instead of through court proceedings. This agreement to arbitrate means that each of you and Company waive your/its respective rights to a jury trial. Any and all Claims shall be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated ("JAMS Rules"). You may, in arbitration, seek any and all remedies otherwise available to you under applicable federal, state or local laws, except as provided below in subsection (f) of this Section. If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed in subsection (b)(4) of this Section), and Company will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator's fees. The arbitration will be seated in Boise, Idaho, but any in-person hearings will be held at a location in your hometown area, unless you and Company both agree to another location or virtual arbitration of any kind.
(b) For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267. To start an arbitration hereunder, you must do all of the following:
(1) Write a demand for arbitration (your "Demand for Arbitration"). Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of these Terms (including this arbitration provision). You can find a form of a demand for arbitration on the JAMS rules page at http://www.jamsadr.com/rules-download/ .
(2) Send one copy of your Demand for Arbitration to Company at: Albertsons Companies, Inc., 250 E. Parkcenter Blvd., Boise, ID 83706 Attn: General Counsel.
(3) Send two copies of your Demand for Arbitration (with a copy of these Terms attached) and proof of service of your Demand for Arbitration on Company at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over 18 years of age) to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/).
(4) Pay JAMS a $250.00 arbitration initiation fee, unless you are entitled to a waiver of the fee under California Code of Civil Procedure Section 1284.3 or other applicable law.
(c) In the event Company elects to start an arbitration with you hereunder, Company must write a demand for arbitration and send two copies of it to JAMS and serve one copy of Company's Demand for Arbitration to you at the contact information that we have on file for you. Company will pay all costs of the arbitration proceeding, including the arbitrator's fees, for any arbitration that Company commences.
(d) The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS Rules. The arbitrator shall render an award in accordance with JAMS Rules. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Any award may also be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state in which the arbitration is held or in which the award is to be enforced. Except for the foregoing, the arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and Company agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
(e) The terms of this Section do not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
(f) Neither you nor Company may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and Company agree that the JAMS Class Action Procedures do not apply to Company's arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
(g) A court may sever any portion of this Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section will survive the termination of your relationship with Company and any termination of your access to and/or use of all or any part of any of the Sites.
(h) Important: This Section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and forms of relief. Other rights that you or Company would have in court also may not be available in arbitration.