2. Collection of Information
By their nature, the Services track certain data from your mobile and wearable devices that may be used to identify you individually. Such information includes your Biometric Information. When registering to use the Services and creating an account, we may also ask you to provide certain information about yourself, such as your name, email address, phone number, address, height, weight, user name and password ("Personal Contact Information"). Your Personal Contact Information, together with any other information we gather through the Services that may be used to identify, contact, or locate you individually, is collectively referred to herein as your "Personal Information."
When purchasing the Services, we will require you to provide financial and billing information, such as your billing name, address, and credit card number. Such information is referred to as your "Billing Information."/p>
Data, Diagnostic & Login Information
You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using our Services (this is collectively referred to below as "Data"). Some of this Data may be stored and maintained on our servers. If you run into technical errors in the course of using the Services, we may request your permission to obtain a crash report along with certain logging information from your system documenting the error ("Diagnostic Information"). Such information may contain information regarding your Operating System version, hardware, browser version, and your email address, if provided. Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process ("Login Information").
Certain features of the Services may actively record biometric information about yourself as you use the Services. This tracking is accomplished through integration with your mobile device's health tracking technology, such as Apple's HealthKit API, Google Fit, or Fitbit device. Such information is referred to as "Biometric Information."
Usage and Analytics Information
As you use our Services, we may also collect information through the use of commonly-used information-gathering tools, such as cookies, log files, and Web beacons. Such Information may include standard information regarding your mobile device, browser type, browser language, Operating System, Internet Protocol ("IP") address, and the actions you take on our web site (such as the web pages viewed and the links clicked) or while using the Services. Collectively, this information is referred to as "Usage and Analytics Information."
When you use our Services, we may use GPS technology (or other similar technology) to determine your current location. Such information is referred to as "Geo-Location Information." If you do not want us to use your location for the purposes set forth below, you can turn off the location tracking option for the Services located in your account settings, or otherwise in your mobile phone settings.
3. Use of Information
We use the information we collect in the following ways:
We use this information to manage your account, to provide the Services, to maintain our customer/visitor lists, to respond to your inquiries or request feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the Services.
We may also use Personal Information (excluding Biometric information) to notify you about new features in the Services, and to send you general information about us and/or our partners.
|Billing Information||We use Billing Information to manage your account, to provide the Services, and to check the financial qualifications of prospective customers and to collect payment for the Services. We may use a third-party service provider to manage credit card processing. If we do so, such a service provider will not be permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf.|
|Data, Diagnostic Information and Login Information||We use this information for the purpose of administering and improving our Services to you. We may also use this information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services' technical administration, and to increase the Services' functionality and user-friendliness|
We use this information to administer and improve our Services to you, such as by providing you with health-related feedback. We may also use your Biometric Information in a de-identified, aggregated, and anonymous way to monitor and analyze use of the Services, to increase the Services' functionality and user-friendliness, and for the purpose of medical research.
We do not use or disclose to third parties your Biometric Information for the purpose of advertising or marketing in any way.
|Usage and Analytics Information||We use this information to administer and improve our Services to you. We may also use your Usage and Analytics Information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services' technical administration, to increase the Services' functionality and user-friendliness, and to verify that users have the authorization needed for the Services to process their requests.|
|Geo-Location Information||We may use this information for the purpose of administering and improving our Services to you, such as by sending an alert with your location to medical professionals and authorized users in the event of an emergency. We may also use your Geo-Location Information in an anonymized manner in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services' technical administration, and to increase the Services' functionality and user-friendliness.|
Please note that if you are registering for or using the Services as an administrator on behalf of an individual or organization, you may be able to view the activity and/or content associated with your Associated Users' use of the Services, including, but not limited to, their Personal Information.
4. Disclosures & Transfers
Please note that if you are using the Services at the request of another individual or as part of an organization, such other individual or organization's account administrator may be able to view certain activity and content associated with use of the Services, including, but not limited to, your Personally Identifiable Information.
From time to time we may employ third parties to help us provide and/or improve the Services. These third parties may have limited access to databases of user information or registered member information solely for the purpose of helping us to provide and/or improve the Services and they will be subject to contractual restrictions prohibiting them from using the information about our users for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is absolutely necessary to assist us.
We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Services, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.
5. Non-US Users
These Services are hosted in the United States and are intended primarily for users located within the United States. If you choose to use the Services from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you may be transferring your Personal Information outside of those regions to the United States for storage and processing. By providing your Personal Information through the Services, you consent to such transfer, storage, and processing.
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
7. Sharing Information with Third Parties
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information we have collected from you.
11. Access and Accuracy
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon a verified user receipt of your written request, we will provide you with a copy of your Personal Information from the preceding 12 months, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to:
4820 Harwood Road
San Jose, CA 95124
Email address: email@example.com
Please note that we are not a health care provider, and are therefore not an entity that is covered by the Health Insurance Portability and Accountability Act ("HIPAA"). The HIPAA privacy rules apply to health plans, health care clearinghouses, to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA and their service providers. This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
13. Contact Information
You can help by keeping us informed of any changes such as a change of email address or telephone number. If you would like to access your information, if you have any questions, comments or suggestions, if you find any errors in our information about you, or if you have a complaint concerning our compliance with applicable privacy laws, please contact us at:
4820 Harwood Road, Suite 200
San Jose, California 95124
1 (855) 909-3553
Effective as of August 10, 2020