EFFECTIVE AS OF APRIL 8, 2020
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.”
Information We Collect
When you use the Services, we may collect certain personal information, including protected health information. Personal information is information that specifically identifies you or that, when combined with other information, could be used to identify you.
When you create an account, we collect personal information such as your name, email address, postal address, and phone number.
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 data you choose to share with us.
Information Collected Using Cookies
Information Related to Use of the Services
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
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.
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.
How Your Information is Used
How Your Information is Shared
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) or 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).
Aggregated, Non-identifying Data
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.
Information Disclosed in Connection with Business Transactions.
Information that we collect from our Users, including personal information, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your personal information may be disclosed or transferred to the third-party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others.
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.
Information We Disclose With Your Consent or at Your Request.
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.
The Security of Your Information
Links to Other Sites
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.
Modifying Your Information
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 email@example.com 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.
Our Policy Toward Children
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.
Your California privacy rights
Pursuant to California Civil Code Section 1798.83(c)(2), we do not share your personal data with third parties for those third parties’ direct marketing use.