We also create private customized versions of the Services for specified clients. These private, contract-built sites, applications, and related software, content, programs, services, materials or offerings are included in the term “Services.”
When you use the Services, we may collect certain personal information, including “protected health information” in the U.S. and “special categories of personal data” in the EU, as such terms are defined under applicable law. Personal information or data is information that specifically identifies you or that, when combined with other information, could be used to identify you. It does not include information where the identity has been removed (anonymous data).
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
If you are based in the EU and would like to find out more about the types of lawful basis that we rely on to process your personal information in accordance with the GDPR, please see Glossary and Lawful Basis at the endo of this Policy.
Generally, we do not rely on consent as a legal basis for processing your personal information although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below a description of the categories of personal information we collect from or about you, the ways we plan to use your personal information, and, if you are based in the European Union, for each instance of collection of your personal information, which of the legal bases under GDPR we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information.
We do not collect or store financial account numbers or credit card numbers. Instead, if you choose to make a purchase through our Services, you will be directed to our third-party payment processor.
We may also collect other information such as your age, gender, age, health information, weight, BMI, body fat percentage, activity and sleep or food consumption patterns, biometric data, and any other related data you choose to share with us. When we collect such information we rely on the performance of a contract with you legal basis under the GDPR.
Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both account holders and non-account holders (either, a “user”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, the links on our Services that a User clicked on, sleep and activity data (for example, we will collect monitor data that tells us how active our users are in order to provide better guidance to our users), blood tests, stress test results, and other usage statistics. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.
We also collect all information, ideas, feedback, suggestions, materials, photos, and other content (“Submissions”) that you post to or submit through the Services.
When we collect information related to the use of our Services we rely on the legal basis under the GDPR whereby such processing is necessary for our legitimate interests (to define types of customers for our Services, to keep our Sites and Services updated and relevant, to develop our business, and to inform our marketing strategy).
Our Services may provide coaches who communicate with you about your wellness goals. Coaching services may be provided by third parties. If you use our coaching services, we collect information about such use, including the plan, goals, and actions you record with your coach, notes your coach records about you, and other information submitted by you or your coach. When we collect such information about your wellness goals we process such information to perform a contract with you (our Services to you).
In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you. If you don’t want us to collect your location information, you can disable this feature on your monitor or mobile device.
For Users Based in the European Union:
Please provide your consent to our collection and processing of Location Information about you for the above purposes.
[Unique application numbers. When you want to install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.]
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time. Please contact us at email@example.com with your request.
Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of a service purchase, service experience or other transactions.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal information for an unrelated purpose, we will notify you and, if you are based in the European Union, we will explain the legal basis which allows us to do so under the GDPR. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal information, including protected health information with third parties who we engage to work with us to administer and provide the Services; with business partners in order to offer and provide the Services; and specifically, we may share your information including Protected Health Information (PHI) (US) and special categories of personal data (EU) for purposes of billing, operations, or improvement of the Services.
We require third parties to: (1) abide by applicable law; (2) handle personal information in a confidential manner; and (3) use personal information only as needed to fulfill the relevant purpose(s).
We may share aggregated information and non-identifying information that we collect about you with third parties for industry analysis, demographic profiling, and other business purposes.
It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.
We will share your personal information with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.
All information you provide to us is stored on our secure servers. Any payment transactions [carried out by our chosen third-party provider of payment processing services] will be encrypted using [Secured Sockets Layer technology OR [ALTERNATIVE ENCRYPTION TECHNOLOGY]].
[Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Sites and Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.]
[We will collect and store personal information on your Device using [application data caches and browser web storage (including HTML5) OR [ALTERNATIVE MECHANISMS]] and other technology.]
In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. [Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us
In some circumstances you can ask us to delete your data: see [your legal rights] below for further information if you are based in the European Union.
In some circumstances we will anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
In addition, certain Mobile Offerings may be made available to you through a website, application or platform operated by a Mobile Platform Provider (as such term is defined in the Terms). When you share data with a Mobile Platform Provider, for example to create user credentials allowing you to use their platform to access the Mobile Offering, that personal data is stored outside of our control and will be subject to the relevant Mobile Platform Provider’s own terms and privacy policies.
You can access and modify the personal information associated with your Account by accessing your profile on the Site or App. If you want us to delete your personal information and your Account, please contact us at firstname.lastname@example.org with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
If you are based in the European Union, please note that under certain circumstances, you have rights under data protection laws in relation to your personal information.
- [Request access to your personal information].
- [Request correction of your personal information].
- [Request erasure of your personal information].
- [Object to processing of your personal information].
- [Request restriction of processing your personal information].
- [Request transfer of your personal information].
- [Right to withdraw consent].
If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Our Services are not directed to children under 18 and we do not knowingly collect personal information from children under 18. If we learn that we have collected personal information of a child under 13 we will take steps to delete such information from our files as soon as possible.
Pursuant to California Civil Code Section 1798.83(c)(2), we do not share your personal information with third parties for those third parties’ direct marketing use.
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal information where it is necessary for compliance with a legal obligation that we are subject to.
If you are based in the European Union you have the right to:
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.