Privacy Policy

INTRODUCTION

a. RxCAP, Inc. (“RxCap”, “we”, “our” or “us”) is committed to maintaining the privacy of your information. This Privacy Policy describes how RxCap handles information obtained in connection with our website, Smart Caps and mobile Services, which offer users a complete end-to-end solution for medication adherence management (collectively the “Service”). This Privacy Policy describes how we collect, use, maintain and disclose information. This includes personal information that could be used to identify a specific user, and other information that does not constitute personal information that is collected from the operation of the Service (collectively “Information”).

b. The Service is offered to you conditioned on your acceptance of our Privacy Policy. This Privacy Policy should be read in conjunction with our Terms of Use, which govern all use of the Service and can be found at: https://rxcap.com/terms/.

c. This Privacy Policy was last updated on January 15, 2021.

PRIVACY STATEMENT

This Privacy Policy explains how we collect, use, maintain and disclose your information. This includes information that could be used to identify a specific User (“Personal Information”), and other information that does not constitute Personal Information (“Non-Personal Information”) that is collected from you while using the Service. We take the privacy of your Personal Information seriously.

CONSENT

When you use the Service or allow someone to use the Service on your behalf, you consent to our collection, use, disclosure, transfer and storage/retention of any the Personal and Non-Personal Information or other information received by us as a result of your use, all in accordance with this Privacy Policy.

A NOTE ABOUT CHILDREN

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has used the Service and provided Personal Information to us, please contact us, and we will work to delete that information from our databases. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us at help@RxCap.com. We are not liable for any damages that may result from a visitor’s misrepresentation of age.

THE INFORMATION WE COLLECT

In the course of business it may be necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, contact the individual in the ordinary course of business and transact with the individual. We require this information in order to verify the identity of our Users, to protect our customers, and to ensure the integrity of the Service.

We will collect Personal Information from you only if you, or an authorized individual, whom you have authorized to share data about you (an “Authorized Agent”), voluntarily submit such information to us. You and/or the Authorized Agent can refuse to supply Personal Information, except that it may prevent you from engaging in using certain services offered by us.

Without limitation, the types of information we may collect are:

a. Aggregated Data. So that we can continually improve the Service, we often conduct research on user demographics and behavior. This is based on Personal and Non-Personal Information and other information that we have collected, and may be compiled and analyzed on an aggregate basis. Since this aggregate information does not identify you personally, it is considered and treated as Non-Personal Information under this Privacy Policy;

b. Contact Information. We may collect information like your email address, telephone, and other information that allows us to contact you;

c. Health Information. In order to use the Service, we will need to collect certain information about your medication and dosages.

d. Personal Information. We may collect personal details such as your name, location, and other information defined as “Personal Information” that allows us to identify who you are. “Personal Information” includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data; (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) any health information you choose to share with us; and (5) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as your Meducation ID, passwords, and Personal Information in emails or letters that you send to us. We refer to both Personally Identifiable Information” and “Personal Information” as “Personal Information.” We may utilize this information in order to adapt the Service to Users’ needs or to develop new tools for the community;

e. Technical information. The Service automatically collects certain information about you when you use the Service, this includes, but not limited to: type of computing or mobile device you use, advertiser ID, your device’s operating system, the language of your operating system and the Internet browser you are using;

HOW INFORMATION IS COLLECTED

Most information is collected in association with your use of the Service. In particular, information is likely to be collected as follows:

a. Account. When you open an Account on the Service and submit your personal details, or when you enter Personal Information details through another process in order to receive or access something.

b. Contact. When you contact us in any way.

c. Cookies & Similar Technologies. When you use the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use the Service, and to provide features to you. We use cookies to make your use of the Service as convenient as possible. Cookies are useful to estimate our number of visitors and to determine overall traffic patterns through our website. If you do not wish to receive any cookies you may set your Mobile phone to refuse cookies. This may mean you will not be able to take full advantage of the Service.

d. Log files. If you access certain portions of the Service, we may gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor the Service to our users’ needs. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Information.

e. Manual Entry. When you or an Authorized Agent manually enter data into the Service.

THE SAFETY & SECURITY OF PERSONAL INFORMATION

Data Hosting. We are committed to protecting the security of your Personal Information. We use a variety of state-of-the-art encryption technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. We do not have access to this password. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we take commercially reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.

Phishing. It has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information. Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the web site requesting such information, appears to be the domain name of a legitimate, trusted company. In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity is known as “phishing”. If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your password or credit card information) via e-mail or to a Web site that does not seem to be affiliated with us, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at help@RxCap.com.

Third Party Use. Our Services may contain links to third party websites and/or other services. We are not responsible for the privacy or security practices of any third party websites or services. The collection and use of your information by these third parties may be subject to separate privacy and security policies. We cannot control and are not responsible for the privacy and security of your Personal Information once it is provided to a third party by you or in accordance with your requests or directions.

Unauthorized Access. If you suspect any misuse, loss of, or unauthorized access to your Personal Information, you should let us know immediately at contact@RxCap.com.

Authorized Use. We are not liable for any loss, damage, or claim arising out of another person’s use of the Personal Information where we were authorized to provide that person with the Personal Information.

WHEN WE CONTACT USER

Announcements. On rare occasions it is necessary to send out a strictly service-related announcement. For instance, if the Service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their Account. However, these communications are not promotional in nature.

WHEN PERSONAL INFORMATION IS USED & DISCLOSED

We do not sell your Personal Information to anyone for direct marketing purposes without your consent. Period.
Time Period. We may retain your data as long as you continue to use the Service. You may close your account by contacting us, but we may retain Personal or Non-Personal Information for an additional period as is permitted or required under applicable laws. Even after we delete your Personal Information, it may persist on backup or archival media for an additional period of time.

Agents, Consultants, and Trusted Third Parties. Like many businesses, we sometimes have companies perform certain business-related functions for us. These companies include our database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company, we may provide them with information including Personal Information, so they can perform their designated functions. They are not permitted to use your Personal Information for other purposes.

Business Operations. Your Information is used to operate our business. These business operations may include:

a. The provision of Service;

b. Verifying your identity;

c. Communicating with you about:

i. Your relationship with us;

ii. Our goods and services;

Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

IP Address. We may use your IP address to help diagnose problems with our Service. We may use tracking information to determine which areas of the Service users visit.

Improve Customer Service. Information you provide helps us respond to your customer service requests and to support your needs more efficiently.

Personalize Your Experience. We may use information in the aggregate to understand how our Users as a group use the Service.

User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with the Service. We occasionally publish such content. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback.

Disclosure. There are a few circumstances where we must disclose an individual’s information:

a. Where we reasonably believe that an individual may be engaged in fraudulent, deceptive, or unlawful activity that a governmental authority should know about or to enforce our Terms of Use and investigate potential violations of the Terms of Use;

b. In response to lawful requests by public authorities, including to meet national security or law enforcement requirements;

c. To protect the rights, property, or personal safety of another user or any member of the public;

d. As required by any law;

e. In the event we sell our business and may need to transfer Personal Information to a new owner; or

f. In special cases, such as in response to a physical threat to you or others.

g. We do not make your Personal Information available to third parties for their marketing purposes without your consent.

HOW YOU CAN CONTROL YOUR INFORMATION

We believe that choice in how and when you are contacted is key to customer satisfaction, so we offer several ways for you to update your contact information, change your preferences, or opt out of receiving future communications:

Email Communications. We will periodically send you e-mails that directly relate to the use of the Service. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service=related communications, including notices of any updates to our Terms of Use or Privacy Policy.

Cookies. If you are using the desktop version of the Service and you decide that you no longer wish to accept Cookies from the Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

Changing or Deleting your Personal Information. You may change any of your Personal Information in your account settings or by sending an e-mail to us at help@RxCap.com. You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

Can-spam compliance notice (U.S. users only) We may send periodic informational emails to you. You may opt-out of such communications by following the unsubscribe or opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any service you have requested or received from us.

COMPLAINTS AND DISPUTES

If you have a complaint about our handling of your Personal Information, address your complaint in writing to help@RxCap.com

If we have a dispute over handling of your Personal Information, we will first attempt to resolve the issue directly between us.

If we become aware of any unauthorized access to your Personal Information we will inform you at the earliest practical opportunity, once we have established what was accessed and how it was accessed.

International Use

This Service is intended for use only in the United States of America. You are not authorized to use the Service if you are located outside of the territory of the United States of America.

ADDITIONS TO THIS POLICY

If we change this Privacy Policy, we will post updates on the Service (the “Modifications”). Please review this policy periodically for changes, and especially before you provide any Personal Information. By continuing to use the Service after the effective date of any Modifications to this Privacy Policy, you accept those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease using the Service.

CONTACTING US

If you have any questions about this Privacy Policy or your dealings with the Service, please contact us at: help@RxCap.com

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing Personal Information to provide notices and means to exercise rights.

Notice of Collection.

In the past 12 months, we have collected the following categories of Personal Information enumerated in the CCPA:

Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.

Commercial information, including engagement with the Service.

Internet activity, including your interactions with the Service.

Right to Know and Delete

Consumers who are California residents (and not representatives of businesses, whether those businesses are our customers or others) have the right to delete the Personal Information we have collected from you and the right know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

The categories of Personal Information we have collected about you;

The categories of sources from which the Personal Information was collected;

The categories of Personal Information about you we disclosed for a business purpose or sold;

The categories of third parties to whom the Personal Information was disclosed for a business purpose or sold;

The business or commercial purpose for collecting or selling the Personal Information; and

The specific pieces of Personal Information we have collected about you.

To exercise any of these rights, please email us at help@RxCap.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

If Personal Information about you has been processed by us as a service provider on behalf of a customer and you wish to exercise any rights you have with such Personal Information, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our customer on whose behalf we processed your Personal Information. We will refer your request to that customer, and will support them to the extent required by applicable law in responding to your request.

Right to Opt-Out.

California Users have the right to opt-out of the sale of any Personal Information to third parties at any time. However, RxCap does not sell your Personal Information as the term “sell” is defined under the California Consumer Privacy Act.

Authorized Agent.

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

Right to Non-Discrimination.

You have the right not to receive non-discriminatory treatment by us for the exercise of any of your rights.

The RX Cap platform, Smart Caps, and mobile apps allow a complete and end-to-end solution for patient adherence management.

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