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