Legal

Terms of Use

TERMS OF USE

Effective Date: March 1, 2013

These Terms of Use govern your use of the RxApps text messaging and web application service (the “Service”), which is operated by RxApps, Inc. (“Company”). These Terms of Use apply to all users of the Service and form a binding agreement between you, the user, and the Company.

Description of the Service

The Service provides an on-line and text message service that allows patients to monitor their condition, and to better communicate their condition to their healthcare provider. Should you choose to take advantage of the text messaging service, standard text message rates will apply. All text message charges are billed by and payable to your mobile service provider. The service is a communication tool designed to aid in the provision of care, and is not a substitute for care. THE SERVICE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. PLEASE CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IF YOU NEED IMMEDIATE ASSISTANCE.

Use of the Service; Information You Provide

If you register to receive services from Company as a patient or caregiver, we will rely on you to provide accurate and complete information throughout the registration process and the use of the Service. You also must notify us as soon as you become aware of any change to your information that could affect your use of the Service. You will ensure that you have the right to provide to us any information you submit to the Service. Your submissions will not violate the rights of any third parties.

Changes in Terms of Use

We reserve the right to revise and update these Terms of Use.  We will notify you by email or text message that an updated version of the Terms of Use is available.  Your use of the Service following notice of any such revisions will be deemed your acceptance of such revisions.

Privacy Policy

In order to receive the Service, users provide personal contact information as part of the registration process. Our privacy practices and your rights as a user of the Service are explained in our Privacy Policy (available here and here), which may be updated by us from time to time.

Text messages not encrypted

You should be aware that text messages are not encrypted and so we cannot guarantee that your messages will be secure. Communication errors may occur, and we cannot guarantee that the service will always be available.

Login Security

As part of the registration process for patients or caregivers, the Service requires that you create a unique personal login ID and password. You are solely responsible for maintaining the safety and security of your login ID and password. You should change your password if you believe that its confidentiality has been compromised.

Copyright and Intellectual Property

The Service is protected by intellectual property laws, including copyright laws. For this purpose, “The Service” includes, without limitation, text, graphics, images and other material, including software developed and licensed by us which permits you to access and use the Service All right, title and interest in and to the Service is owned by Company and its licensors, remains vested in us and does not pass to you or any other user. Company may monitor the operation of the Service in order to protect its legal rights and the rights of third parties.

Restrictions on Use

You may use the Service, and view or download copies of the material on the Service only for your own personal, noncommercial use. Any other use is prohibited. You may not, and may not knowingly allow any third party to do any of the following

  • reverse-engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Service or any part of it without our prior written consent;
  • reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Service;
  • use the Service for commercial purposes or otherwise use or allow others to use the Service for the benefit of any third party; or
  • use the Service in any manner that impairs its operation or which, in the reasonable discretion of Company, may cause harm to Company or any other users of the Service.
Trademarks

The trade names, trademarks, service marks, logos, and slogans contained in the Service are the trade names, trademarks, service marks, logos and slogans of Company and/or its subsidiaries and affiliates (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Service that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners. References that we make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.

Links to Other Services

The Service may contain links to web sites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which the Service provides a link, nor are we liable for your reliance on or use of any information or materials contained in them.

User Feedback

You may be asked to provide feedback on your experience in using the Service. This feedback is always optional and your choice. This feedback may be hosted and stored at a third party service. You agree that Company has the right to use any feedback you provide, in its absolute discretion, without any obligation to pay any fee or consideration for such use.

Limitation of Liability

In no event shall we be liable to you or anyone else for any delays, inaccuracies, errors or omissions with respect to the Service or the transmission or delivery of all or any part of the Services, for any damage arising thereof, or any results obtained from the use of the Service.

If any claim is made against us alleging that we are liable to you or any third party in connection with our provision of the Service, our maximum liability will be $100. To the extent permitted by law, in no event shall we be liable for indirect, incidental, punitive, exemplary or consequential damages, even if such damages were within our reasonable contemplation. This paragraph will not apply to the extent that, as a matter of law, our liability cannot be disclaimed or excluded.

No liability for service interruptions.

Events that we cannot reasonably anticipate or prevent (for example, hurricanes or other natural disasters) may sometimes make it impossible for you to use the Service. Delivery of text messages is subject to effective functioning by your mobile service operator and we will not be liable for any delays in the receipt or transmission of any SMS messages. By using the Service, you agree that we are not liable to you if a service outage causes you harm.

Governing Law

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of laws.

Termination

Company reserves the right to terminate your use of the Service at any time, if (a) Company believes in its reasonable discretion that you have violated these Terms of Use or (b) if Company ceases to make the Service available to patients of your caregiver.

Entire Agreement

These Terms of Use, together with the Privacy Policy, represent the entire agreement between Company and you with respect to the Service. There are no third party beneficiaries to this Agreement. In the event that any provision of this Agreement is held to be unenforceable, the remaining terms shall remain enforceable, and the unenforceable term shall be severed and replaced with an enforceable provision affecting the intentions of the parties.

Privacy Policy

PRIVACY POLICY

Introduction

RxApps, Inc. (“RxApps”) provides a software service by means of its website and through text messaging (collectively, the “Service”) which is designed to assist providers of mental health care (the “Providers”) and users of the Service (also referred to as “you” or “End-Users”) to track and understand your response to a treatment or care plan based on daily text message responses and notifications.  This privacy policy is designed to inform users of the Service about how RxApps (also referred to as “we” or “us”) gathers and uses personal information collected by us in connection with the Service.  We will take reasonable steps to protect user privacy consistent with the guidelines set forth in this policy and with applicable U.S. laws.  In this policy, “user” or “you” means any person using or otherwise benefiting from the Service, registering with us by creating an account, or participating in any other activities available through the Service.  BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR SERVICE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Protected Health Information

Some of the information we collect in connection with the Service may be “Protected Health Information” (as that term is defined at 45 C.F.R. § 160.202) protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”).  We will use, protect and disclose any Protected Health Information in accordance with our Notice of Privacy Practices, as mandated by HIPAA, available here. To the extent that there is any inconsistency between this Privacy Policy and the Notices of Privacy Practices, the Notice of Privacy Practices will prevail.

What Information Do We Collect?

Personal Information:  We collect the following personal information in connection with the operation of the Service: (a) when you sign up to create a RxApps account, we collect the personal information you disclose on the account registration form, including your name, mobile number, gender, birthdate, medications, and medical diagnosis(es), (b) if you communicate with us by email, we will collect your email address; (c) when you use the Service via the Internet, our servers may automatically recognize your IP address; (c) if you use the Service to respond to surveys and questions that either you or a Provider have created, we collect the information you provide in your responses; and (d) if you use the journal or appointment features, we will also collect and store that information for your retrieval.  All of this information is referred to in this Policy as “Personal Information”.  Some Personal Information may also be Protected Health Information.

Tracking Information: We, and our third party service providers, may use general web tracking technologies such as cookies, web beacons, pixel tags and clear GIFs in order to operate the Service efficiently and to collect data related to usage of the Service and marketing of the Service.  Such collected data (“Tracking Information”) may include the address of the websites you visited before and after you visited the Service, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Service you visit and what links you clicked on, and whether you opened text message or email communications we send to you.  In order to collect Tracking Information and to make your use of the Service more efficient, we may store cookies on your device.  Some Tracking Information may include data, such as IP address data, that is unique to you.  You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service. This is now standard for the use of most web services, which you will see if you do modify your browser settings.

How Do We Use the Information We Collect?

Personal Information:  We will use and store Personal Information for the purpose of delivering the Service to you and where applicable to Providers, and to enhance and analyze the operation of the Service.  We may also use Personal Information and other information obtained from Providers internally, for the operational and administrative purposes of the Service.

Aggregate Information:  We will also use customer information to create statistical, aggregated data for analytical purposes.  Though this statistical information may be derived from Personal Information, in its aggregated form it does not relate to or identify any particular individual and is used to understand our customer base and to develop, improve and market our services. Aggregate information may also be used by your care providers and healthcare organizations to better understand the populations they are treating.

Tracking Information:  We use Tracking Information to administer the Service and to understand how well our Service is working, to store your user preferences and customize the Service for you, and to develop aggregate, statistical information on usage of the Services.  This allows us to determine which features visitors like best to help us improve our Service, to personalize your user experience, and to measure overall effectiveness.

Legal Exception:  Notwithstanding the above, we may in any event use Personal Information and other information collected through the Service to the extent required by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and the Terms of Service) with you, or if at our reasonable discretion use is necessary to protect our legal rights or to protect third parties.

Email Communications:  If you create an account and provide your email address, we will send you administrative emails, and possibly promotional emails.  If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, or by editing your account settings as described below.  All users receive administrative emails, and so you cannot opt out of them while you remain an accountholder.

What Information Do We Disclose to Third Parties?

Personal InformationWe will not disclose your Personal Information to any third parties except as follows:

(i) to third party contractors engaged to provide services on our behalf (“Contractors”), such as performing hosting and communications services, analyzing data and usage of the Service, operating the Service or providing support and maintenance services for the Service, or providing customer service.  We enter into agreements with all Contractors that require Contractors to use the Personal Information they receive only to perform services for us. We will never sell your Protected Health Information to a third party.

(ii) if the Notice of Privacy Practices allows disclosure of Protected Health Information, we may disclose related Personal Information to the same extent that Protected Health Information may be disclosed.

(iii) when we have your consent to share the information.

Tracking Information: We disclose Tracking Information to Contractors, in order for us and such third parties to analyze the performance of the Service and the behavior of users and to operate and improve the Service.  We may also publish this information in order to promote the Service.

Aggregate Information:  We may disclose anonymous, aggregated information to third parties such as potential business partners and funding sources, in order to describe our business and operations.

Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers.  Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Service is not “Personal Information” and is not subject to this Privacy Policy.  We are not responsible for the acts or omissions of telecommunications carriers.

Additional Disclosures:  We reserve the right to disclose any information we collect in connection with the Service, including Personal Information, (a) to any successor to our business as a result of any merger, acquisition, asset sale or similar transaction; and (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in our reasonable discretion disclosure is necessary to enforce or protect our legal rights or to protect third parties.

Privacy Settings/Opt Out

If you would like your Personal Information permanently removed from our database, please contact us at support [at] RxApps [dot] com.  We will promptly delete your account and you will no longer receive email from RxApps.  Your removal from the mailing list or database will not remove records of past transactions or delete information stored in our data backups and archives.  Data on past transactions and data stored in backups and archives will be maintained and/or deleted in the ordinary course of RxApps’s business or in a manner consistent with this policy and the Notice of Privacy Practices.

Access and Updating of Information

RxApps is happy to allow you to review or amend your email address or contact details held in our database, at any time. Please contact us by sending an email to: support@RxApps.com or by using your settings panel in your account online.

General

Security:  We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this policy and applicable law.  However, no Internet or cellphone transmission is completely secure, and we cannot guarantee that security breaches will not occur.  Without limitation of the foregoing and except as otherwise provided by law, we are not responsible for the actions of hackers and other unauthorized third parties that breach our security procedures.

Links: The RxApps Service may contain links to other websites. RxApps is not responsible for the privacy practices or the content of those sites. Users should be aware of this when they leave our Service and review the privacy statements of each third party website. This Privacy Policy applies solely to information collected by the Service.

Amendments: RxApps may modify or amend this policy from time to time. If we make any material changes, as determined by RxApps, in the way in which Personal Information is collected, used or transferred, we will notify you of these changes by modification of this Privacy Policy, which will be available for review by you at the Service.  Notwithstanding any modifications we may make, any Personal Information collected by RxApps from you will be treated in accordance with the privacy policy in effect at the time information was collected, unless we obtain your consent otherwise.

Children:  RxApps does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed at persons under 13.  If you are under 13 years of age, then please do not use the Service.  If RxApps learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then RxApps will take the appropriate steps to delete this information.  To make such a request, please contact us at support [at] RxApps [dot] com, or 1(855)479-2777.

Effective Date of this policy: December 10, 2012

Notice of Privacy Practices

RXAPPS:  NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices is mandated by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  It describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law.  It also describes your rights to access and control your protected health information.  “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

We are required to abide by the terms of this Notice of Privacy Practices.  We may change the terms of our notice at any time.  Any such new notice will be effective for all protected health information that we maintain at that time.  Upon your request, you may obtain any revised Notice of Privacy Practices by calling us and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next visit.

1.  Uses and Disclosures of Protected Health Information

Uses and Disclosures of Protected Health Information Based Upon Your Consent

Your protected health information may be used and disclosed by RxApps and others outside RxApps that are involved in your care and treatment for the purpose of providing health care services to you.  Your protected health information may also be used and disclosed as necessary to pay health care bills and to otherwise support the operation of RxApps.

Set forth below are examples of the types of uses and disclosures of your protected health care information that RxApps is permitted to make.  These examples are not meant to be exhaustive, but rather to describe for you the types of uses and disclosures that may be made by RxApps.

Treatment:  We may use and disclose your protected health information to provide, coordinate, or manage your health care and any related services.  For example, we may disclose your protected health information to a physician or health care provider (e.g., a specialist or a laboratory) who, at the request of your physician or RxApps, becomes involved in your care.

Payment:  Your protected health information may be used, as needed, to obtain payment for your health care services.  For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to a health plan to obtain approval for the hospital admission.

Healthcare Operations:  We may use or disclose, as needed, your protected health information in order to support the normal business activities of RxApps.  Examples of these activities include, but are not limited to, quality assessment activities, employee review activities, training, licensing, and conducting or arranging for other business activities.

We also may need to share your protected health information with certain of our “business associates,” third parties that perform various activities (e.g., billing, transcribing records) for RxApps.  Whenever an arrangement between RxApps and a business associate involves the use or disclosure of your protected health information, we will have in place the legally required safeguards to protect the privacy of your health information.

Uses and Disclosures of Protected Health Information Based upon Your Written Authorization

Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below.  You may revoke your authorization, at any time, in writing, except to the extent that RxApps has taken an action in reliance on the use or disclosure indicated in the authorization.

Other Uses and Disclosures That May Be Made and to Which You May Agree or Object

In the circumstances listed below, you may agree or object to the use or disclosure of the protected health information in the manner described.  In the absence of agreement or objection, RxApps may, using professional judgment, determine whether the disclosure of health information is in your best interest.  If such a determination is made, only the protected health information that is relevant to your health care will be disclosed.

Others Involved in Your Healthcare:  Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health care.  If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interests, based on our professional judgment.  We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death.  Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.

Emergencies:  In an emergency treatment situation, we may have to use or disclose your protected health information in a context in which consent for the release of information has not already been given.  If this happens, RxApps will try to obtain your consent to the release of information as soon as reasonably practicable after the delivery of the treatment.  If RxApps is required to treat you and has attempted to obtain your consent but is unable to obtain your consent, it may still use or disclose your protected health information to treat you.

Other Permitted and Required Uses and Disclosures That May Be Made Without Your Consent, Authorization or Opportunity to Object

There are other circumstances in which we may have to use or disclose your protected health information, even without your consent or authorization.  These situations include:

Communication Barriers:  If RxApps attempts to obtain consent from you but is unable to do so due to substantial communication barriers and RxApps determines, using professional judgment, that you would consent to the use or disclosure under the circumstances, we may use and disclose your protected health information.

Disclosure Required By Law:  We may use or disclose your protected health information to the extent that the use or disclosure is required by law.  The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law.  You will be notified, as required by law, of any such uses or disclosures.

Public Health:  We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information.  The disclosure will be made for the purpose of controlling disease, injury or disability.  We may also disclose your protected health information, if directed by the public health authority, to a government agency that is collaborating with the public health authority.

Health Oversight:  We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections.  Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Legal or Administrative Proceedings or Investigations:  We may disclose protected health information in the course of any judicial or administrative proceeding or investigation, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), in certain conditions in response to a subpoena, discovery request or other lawful process or request.

Food and Drug Administration:  We may disclose your protected health information to a person or company required by the Food and Drug Administration to report adverse events, product defects or problems, biologic product deviations, track products; to enable product recalls; to make repairs or replacements; or to conduct post marketing surveillance, as required.

Law Enforcement:  We may disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes.  These law enforcement purposes include requests:  (1) pursuant to legal processes or as otherwise required by law; (2) for limited information for identification and location purposes; (3) pertaining to potential victims of a crime; (4) relating to suspicion that a death has occurred as a result of criminal conduct; (5) in the event that a crime occurs at RxApps; or (6) relating to a medical emergency (not at RxApps) and it is necessary to alert law enforcement regarding a potential crime.

Threat to Public Safety:  Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.  We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

2.  Your Rights

Set forth below is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.

You have the right to inspect and copy your protected health information.  This means you may inspect and obtain a copy of protected health information about you that is contained in a designated record set for as long as we maintain the protected health information.  A “designated record set” contains medical records and any other records that RxApps uses for making decisions about you.

Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information.  In some circumstances, you may have a right to review a decision that denies you access to information.  Please contact our Privacy Contact if you have questions about access to your health information.

You have the right to request a restriction on the use or disclosure of your protected health information.  This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations.  You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices.  Your request must state the specific restriction requested and to whom you want the restriction to apply.  However, RxApps is not required to agree to a restriction that you request.  If RxApps believes it is in your best interest to permit use and disclosure of your protected health information, your protected health information will not be restricted.  If RxApps does agree to a requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment for you.  With this in mind, please discuss any restriction you wish to request in advance with the Privacy Contact listed below.

You have the right to request to receive confidential communications of your protected health information from RxApps by alternative means or at an alternative location.  We will accommodate reasonable requests.  We also may condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact.  We will not request an explanation from you as to the basis for the request.  Please make such requests in writing to our Privacy Contact.

You may have the right to have RxApps amend your protected health information.  This means you may request an amendment of protected health information about you in a designated record set for as long as we maintain this information.  In certain cases, we may deny your request for an amendment.  If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.  Please contact our Privacy Contact if you have questions about amending your medical record.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information.  This right does not apply to all disclosures; in particular, it does not apply to disclosures for purposes necessary to carry out treatment, payment or healthcare operations as described in this Notice of Privacy Practices.  It excludes disclosures we may have made to you, you, for a facility directory, to family members or friends involved in your care, or for notification purposes.  The right to receive this information is subject to additional exceptions, restrictions and limitations.

3.  Complaints

You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us.  You may file a complaint with us by notifying our Privacy Contact of your complaint.  We will not retaliate against you or you for the filing of such a complaint.

You may reach our Privacy Contact, John Moore at RxApps by email: support [at] rxapps [dot] com, or by phone: (855)479-2777 (4RxApps).  John can provide further information about this Notice and the policies and procedures set forth herein.