RxGames takes your privacy seriously. This Privacy Statement describes our practices for collecting, storing, and processing the personal information of users of our software applications in the United States.
We offer therapeutic gaming software that is configured by your therapist for use as your home exercise program. We do this through our websites, including, www.rxgames.com and any other site to which this Privacy Statement is linked or affixed (collectively the “Sites”), the RxGames mobile applications, and other electronic means such as cell phones and portable computers (together, the “Services”). The Services are owned by RxGames, PBC (“RxGames,” “our,” “us,” or “we”).
We license our applications to professional therapy practices which employ doctors of physical therapy and other professionals (each a “Professional” or together, the “Professionals”) that provide musculoskeletal care, neurologic rehabilitation, and other wellness services provided by a Professional (“Clinical Services”). We do not provide Clinical Services.
Our Services collect data on patient activity relating to the Clinical Services and may be Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), such as your home exercise program and movement metrics. PHI is covered by a separate policy called the HIPAA Notice of Privacy Practices. The HIPAA Notice of Privacy Practices describes how RxGames uses and shares PHI and contains more information about your rights under HIPAA. This Privacy Statement may provide additional detail on how PHI is collected, processed, or stored, but if there is a conflict between this Privacy Statement and the HIPAA Notice of Privacy Practices with respect to PHI, the HIPAA Notice of Privacy Practices will solely apply.
We encourage you to read both the Privacy Statement and the HIPAA Notice of Privacy Practices carefully. If you have any questions about this policy or our practices, please send an email to info@RxGames.com.
Personal Information We Collect
We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular user or household (“Personal Information”) as further described in the following categories below. We collect Personal Information from you and from your use of the Services. By using the Services, and visiting the Sites, you agree that we can collect and use your Personal Information as described in this Privacy Statement.
Information You Provide To Us
We collect information that you provide to us, including when you download the gaming software, respond to a survey, or contact us. Specifically, we may collect the following categories of information:
Information Collected While Using Our Services
We may also collect certain information when you access our Sites and use our Services. This information is generated by the Sites, or the mobile app, computer, tablet, or cell phone used in the Services. Specifically, we may collect the following categories of information:
Information Collected from Clinical Services Professionals
In connection with your use of the Services, we may combine or compare data we have collected from you with information collected from Professionals. Some examples of information we may receive from Professionals include:
Use of Personal Information
We may use the Personal Information we collect for one or more of the following business purposes:
When we use the term “de-identified information,” we mean information that is neither used, nor intended to be used, to identify an individual. We may use de-identified information without restriction and may share it with unaffiliated third parties.
Sharing Personal Information
RxGames does not share your Personal Information with third parties except as described in this Privacy Statement, the HIPAA Notice of Privacy Practices, or with your additional consent (if required).
RxGames may share Personal Information with the following categories of third parties for the following purposes:
Retention of Personal Information
RxGames will retain the Personal Information you provide while creating your account until such time as you delete your account, or you request deletion provided you are entitled to request deletion under applicable law. Any clinical records created as a result of your use of the Services will be securely maintained by RxGames for a period that is no less than the minimum number of years such records are required to be maintained under applicable law, which is typically at least six years. RxGames may also retain certain information as reasonably necessary to comply with our legal obligations (including law enforcement requests), resolve disputes, maintain security, prevent fraud and abuse, as well as to comply with tax, securities, and regulatory compliance requirements.
Choices Regarding Your Personal Information
Opt-Out of Marketing Communications
Opt-out of marketing communications: You may opt out of marketing communications from us at any time by following the opt-out or unsubscribe instructions provided within our marketing communications, or contracting us at RxGames, PBC ATTN: Privacy Office 1275 Kinnear Rd, Columbus, OH 43212 or via email info@RxGames.com. Please note that if you opt out of marketing communications, we may continue to send you necessary information about our business relationship or other transactions that you may have with us.
Do Not Track
We do not currently respond to “do not track” or similar signals that users may configure in their browsers, in part because there is not currently a strong consensus around their use. For more information about “do not track” signals, please visit https://allaboutdnt.com/.
Exercising Rights and Making Inquiries About Your Personal Information
Depending on where you live and the scope of applicable laws, you may have certain privacy rights with respect to the Personal Information we collect and maintain about you, such as the following:
How to Exercise Your Privacy Rights
If applicable, you may exercise your right to know/access and your right to request deletion twice a year free of charge. To exercise your rights to know/access and request deletion, please contact us at info@RxGames.com]. For requests to delete, rectify/modify, and to know, we will take steps to verify your identity before processing your request. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify that you are the individual about whom we collected Personal Information. When submitting your request, please provide us with your name and contact information for purposes of enabling us to begin verifying your identity. We may request additional information about you if needed to verify your identity. Unless you have previously provided us your Personal Information for another purpose, we will only use the Personal Information provided in the verification process to verify your identity or authority to make a request, and to track and document your request to meet our obligations. We do not discriminate against individuals for exercising any of the above privacy rights. These rights may not be available to you and certain exceptions and exemptions may apply that will limit your ability to exercise these rights.
We will initially respond to you no later than 10 business days after receiving a request to delete, correct or to know to confirm receipt of the request and provide information about how we will process your request, including any additional information that we may need to verify your identity. We will respond to your request within 45 days after receipt. We reserve the right to extend the response time by an additional 45 days when reasonably necessary and provided consumer notification of the extension is made within the first 45 days.
If necessary, we may take an additional 45 calendar days to respond to your request, but, if we do, we will provide you notice of the reason for this additional time needed to process your request.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
For Colorado residents only, within 45 days of a valid and verifiable data subject request, if we do not take any action on the request, we will let you know why, which is usually because we cannot verify your identity or we have verified your identity but identified that you are not and have not been a Colorado consumer in the relevant time period and not able to exercise rights under the CPA. We will provide information about how you may appeal this decision / non-action in that communication. You may contact the Colorado Attorney General if you have concerns about the result of your appeal.
Use of Authorized Agents
If required under applicable law, you may use an authorized agent to submit a request to know/access or a request to delete on your behalf. Even if you use an authorized agent, you will still need to communicate directly with RxGames to verify your identity and address. We require that you provide us with a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to contact you directly if we have any questions or concerns about the request from your agent.
Within the preceding 12 months:
California Shine the Light Law
California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@RxGames.com [or write us at: RxGames, 1275 Kinnear Rd, Columbus, OH 43212.
Nevada Resident Rights
Nevada law permits our Users who are Nevada consumers to request that their personally identifying information not be sold (as defined under applicable Nevada law), even if their personally identifying information is not currently being sold. Requests may be sent to info@RxGames.com.
Parents of MinorsIf you are the parent of a child under is under 13 years of age (or under another age specified by applicable regulations) and believe your child has provided us with information without your consent, email us at info@RxGames.com and we will delete the information from our system.
How We Protect Personal Information
We take great care to protect the Personal Information we maintain about you. RxGames has a broad information security program designed to protect your Personal Information using administrative, physical, and technical safeguards. We have measures in place to protect against inappropriate access, loss, misuse, or alteration of Personal Information under our control. For example, Personal Information is stored on encrypted servers. While we strive to protect your Personal Information, we cannot guarantee the security of information you provide to us. This is especially true for information you transmit to us via email because email may not have the security features that are commonly built into websites. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure of your Personal Information. Additionally, please be aware that we have no control over the information collected by your internet service provider or information that you disclose over a public network. We are not responsible for any information collected by third parties not within our control or how such information is used or maintained.
We take the privacy of children seriously and recognize the need to provide additional protections for their personal information. In compliance with the Children's Online Privacy Protection Act (COPPA), we have established the following practices for the collection and use of personally identifying information of minors under the age of 13.
We encourage parents and guardians to teach their children about privacy and how their personal information may be used on the Internet. Children should never disclose their name, address or phone number, or any other personal information, without their parents’ or guardian’s prior permission.
By using our services, you acknowledge and agree to this Section and provide consent on behalf of your child if they are under the age of 13. If you have any questions or concerns about our collection and use of personally identifying information of minors, please contact us using the contact details provided in the "Contact Us" section of this Privacy Statement.
Parents must exercise their privacy rights for their children. Please refer to the "Parents of Minors" section of this Privacy Statement.
In the event parental consent has not be obtained, of if we consider that any of our Services are directed at users under the minimum legal age required in their state of residents, we can block such users from using the Services or from providing information and/or limit the collection of information from such users as described below in more detail.
No personal information should be submitted to RxGames by users under the minimum legal age required in their state of residence without parental consent. We apply the following limitations to personal information collection for a user that is not of the minimum legal age required in their state of residence. Such a user cannot:
• display their real name or any information in the games
• access the chat, leaderboard, forums, or social networks
• use any other feature where users could appear under their real names
If you become aware that an individual under age 13 has provided Personal Information directly to us without the necessary consent or if you are a parent and would like to withdraw such consent, please contact us as described in the “Contact Us” section, so that we can delete the information.
A parent or guardian of a person under 18 years of age may create an account on behalf of their child, provided that the parent assumes full responsibility for the account and for the interpretation and use of any information provided through the Services. Further, the parent or guardian agrees to supervise their child’s use of the Services. Once a child reaches the age of 18, their Personal Information becomes theirs to control, and the parent or guardian no longer has the ability to control the account.
The Sites may contain links to other websites, including, but not limited to, investor relations sites, job applicant information gathering, assessment, and testing sites. These third-party sites have their own privacy practices and measures to secure and protect your information. This Privacy Statement does not apply to any third-party sites. We encourage you to review the privacy statement of any other third-party website you may visit.
Changes to This Privacy Statement
This Privacy Statement is effective as of the date stated at the top of this Privacy Statement. We may change this Privacy Statement from time to time. Please be aware that, to the extent permitted by applicable law, our use of your information is governed by the Privacy Statement in effect at the time we collect the information. If you visit the Sites or use the Services after a change to this Privacy Statement is posted on the Sites, you will be bound by such change.
If you have any questions or comments regarding this Privacy Statement, please contact us at:
RxGames, PBC ATTN: Privacy Office 1275 Kinnear Rd, Columbus, OH 43212 or info@RxGames.com.