HealthStrong Privacy & Cookie Policy

 

HealthStrong Inc. (“HealthStrong,” “we,” “us,” or “our”) is committed to providing you with the best products, content and services possible. Transparency related to how we collect, share, safeguard and use your information is of significant importance to us. We have developed this Privacy & Cookie Policy (this “Policy”) to give you a clear understanding of our privacy practices, including how we process (e.g., collect, use, disclose and store) your personal data, for what purposes we may share such information and your rights and choices with regard to controlling your personal data. Please also review the Terms of Use Agreement which governs your use of the Services (as defined below) we offer to our customers and users of our Site (as defined below) . Any capitalized terms not defined in this Policy shall have the meanings ascribed thereto in the Terms of Use Agreement.

 

This Policy only applies to the information processed by us and our affiliates or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, in connection with your use of (a) www.healthstrong.org (the “Site”); (b) the HealthStrong platform, which allows you to access, upload, attach, purchase, rent, make available and/or use certain content, features, functionality, materials, Provider Content and services (the “Platform”); and (c) any other information, content, applications, features, functionality and services made available on or through the Site and/or the Platform (the functionality described in clauses (a), (b) and (c) above are collectively referred to herein as the “Services”).

 

This Policy applies regardless of the device you use to access the Services and whether you are accessing or using the Services in-person, as a registered user or otherwise. The collection and use of your information as described in this Policy is based on our contractual obligations to you, our legitimate business interests, our compliance with applicable legal or regulatory obligations or, where applicable, your voluntary consent. If you do not agree with the terms of this Policy, then please discontinue your utilization of the Services.

 

1.         Information We Collect

We collect some personal information that relates to your use of the Services. The information and data we may process depends on your interaction with us. The key types of information that we may process include the following: 

  • Registration Information: In order to access and use certain features, content, or functions of the Services, you may need to register for a User Account.  When you create a User Account, we will collect personal information as necessary to offer and provide the Services (e.g., to give you access to Provider Content or HealthStrong Content) you request.  Depending on the Services you elect to use, we may ask you to provide your name, email address and phone number. If you choose not to provide some of this information, you may not be able to use all of the features of the Services.

  • Viewing History: If you create a User Account, we may track the number of views of and viewing history associated with the Provider Content you access, view and/or use.  You will also be able to see your viewing history via your User Account. 

  • Payment Information and Purchase History: If you make a purchase while using the Services, your payment information (e.g., credit or debit card number, card type and expiration date and address associated with such credit or debit card) and additional information to fulfill your purchase (e.g., name, date of birth and shipping address) may be processed by us and/or third party payment processors. We also process the details of any such purchases, including the date of purchase and purchase price. 

  • Third Party Platform Information: If you access the Services by logging in using your account credentials from a third-party owned or operated platform/service (e.g., Apple (iTunes, etc.), YouTube, Facebook, Twitter, LinkedIn, etc.) (each, a “Third Party Platform”), post content from the Services to a social network or use various social media features (e.g., “Like” button), we may process certain information from the Third Party Platform, such as your username, “likes”, location, birthday, comments and reviews, direct messages you may send to us, interests, photos, friends, status updates and other information you provided to the Third Party Platform in connection with your account. Depending on your account and privacy settings, we may also be able to see information that you post when using these Third Party Platforms whether or not you are using the Services. The information you post or provide to Third Party Platforms, as well as the controls surrounding these disclosures are governed by the respective policies of such Third Party Platforms. 

  • Comments, Feedback, Customer Service and Other Inquires: You have the ability to use the Services to contact us with questions you may have, request to be contacted about services, provide us with comments and or feedback about the Services (e.g., completing a “Contact Us” form on the Site) or to communicate with other users of the Services and post comments to or otherwise interact with certain aspects of the Services that are available to the public and/or other users.  We will process any information you submit, post or provide in the course of such activities to respond to your comments or feedback. 

  • Personal Data You Choose to Provide for Marketing or Additional Services: We may process personal data that you choose to provide to us when you elect to utilize optional Services. For example, if you sign up to receive newsletters, marketing emails, promotions or other communications regarding the Services, participate in contests, surveys and other promotions related to the Services, we may process your name, email address, mailing address, interests and phone number in order to provide such optional Services.  We will make clear what information we may process as a result of your engagement with the optional Services.

  • Location and Browser Information:  With your permission, we may process the specific geographic location of your device (e.g., by accessing your device’s GPS or IP address) via the Services to provide you with certain offerings, Provider Content or other location-based information.  If you no longer wish to have this location information processed, you can withdraw your consent at any time by disabling the location and/or Bluetooth features in the operating system of your device. If you have any questions about disabling you location and/or Bluetooth features, you can contact us at [privacy@HealthStrong.com].

 

2.         How and Why We May Use Your Information

We may process your personal information (depending on your interaction with us) for a variety of reasons that are permitted under data protection laws and in accordance with this Policy, which may include the purposes described below. If we use your information for purposes other than those mentioned below, we will notify you of these purposes before using your information and obtain your consent where necessary. 

 

  • To fulfill our contractual obligations under an existing agreement with you or in anticipation of entering into an agreement with you, including:

  • To fulfill orders and provide you with services and products you have requested; 

  • To complete the registration process for your User Account;

  • To communicate to you about your User Account, transactions, and the Services; 

  • To review, remove, post and/or approve Provider Content and additional functionality (e.g., Programs and Workout  Content);

  • To respond to requests for information and services, including services from a third party (such as a Content Provider through YouTube); and

  • To enforce your legal rights under an agreement.

  • To meet and fulfill our legitimate business interests, including:

  • To provide you with a more personalized level of service, including information and services related to the products and services you purchase from us or are available from a trusted third party service providers;

  • To manage our business needs, such as monitoring, analyzing, modifying and improving our Services’ functionality and performance, including changes/updates to features of the Site, technical and security notices; 

  • For the security and safety of our users and Content Providers, and for purposes of fraud and abuse prevention, including preventing fraud and abuse on and unauthorized access to the Services; 

  • To provide you with information about products and services you have purchased or indicated your interest in;

  • To determine which features and functionality of the Services users like best to help us operate, enhance and improve the Services, including by asking you to participate in a survey relating your use of the Services;

  • To respond to any customer service requests, such as resolving your problems or responding to your questions, managing any complaints or feedback you provide;

  • For statistical analysis of aggregated data to help us segmenting our offering and develop our Services;

  • To better understand the way in which Services are working and offer you a better user experience, and to create statistics in relation to the Services generally;

  • To grow our business, products and services; and

  • To identify relevant content shared with potential and current users.

  • To comply with our regulatory and legal obligations or to enforce our legal rights, including:

  • To meet reporting requirements (e.g. filing tax forms);

  • To retain documents and information related to a legal action;

  • To enforce the Terms of Use Agreement; and 

  • To report data breaches or unauthorized access to the Services.

  • With your consent*, including, without limitation:

  • To provide location-specific functionality, features, services or offers; 

  • To market to you by delivering marketing materials about our brands, products and services, as well as the products and services of unaffiliated third party businesses;

  • To display online advertising and marketing information based on your use of the Services and other websites services and platforms that you have visited;

  • To provide you with tailored advertisements about our brands on third party websites, we may provide your personal information to third party advertisers that combine such data with information collected by third-parties to send you advertisements on the Site and third party websites, about our exclusive offers, brand news and events tailored to you and your interests;

  • To provide personalized services offered by us on third-party websites and online services; 

  • To enable you to connect with others who use our Services; and

  • For other purposes for which you may grant consent.

 

*You can withdraw your consent at any time by following the steps in Section 6 of this Policy.

 

3.         How We May Share Your Information

We will not share your personal information with others except in the following circumstances:

 

  • Service Providers:  We may partner with other companies to help us operate certain aspects of our businesses, including the hosting of the Services, operation of our technology infrastructure, processing of payments and fulfillment of certain of the Services you request from us.  We carefully select such third party operators, merchants, website hosts, service providers and participants to your transactions, for the purpose of (1) assisting with facilitating transactions on or through the Services, (2) providing information technology and customer service assistance, and (3) providing, offering, supporting, administering, maintaining and enabling the Services (including providing a full range of content, activities, services, features and functions offered on or in connection with the Services). 

  • Corporate Transactions or Events: We may disclose your personal information in connection with a merger, sale of substantially all of our assets, transfer, corporate reorganization or other disposition of our business. 

  • Pursuant to Law, Rule or Regulation: We may share or disclose your information with other parties as we deem necessary or appropriate under applicable law, rule or regulation. 

  • To Fulfill Your Requests: If you elect to use certain features or functions, including, enabling you to upload Provider Content in connection with your utilization of the Services, we may use your personal information to fulfill your request. 

  • With Your Consent: We may share or disclose your personal information if you provide us with your affirmative consent.

 

We are committed to building relationships with third parties who are dedicated to providing you a safe and satisfying experience. We only provide such third parties with access to your information to the extent reasonably necessary for them to provide the services for which they are contractually engaged to provide.  We request that all of our service providers maintain commercially reasonable standards of security and confidentiality; each is required to agree to keep such information secure and confidential in line with this Policy.

 

4.         How We Protect Your Personal Data

While no data transmission over the Internet is 100% secure from intrusion, we maintain and have implemented physical, electronic, technical and procedural security policies and measures to protect the personal information that we collect, use and/or store, which are consistent with applicable privacy and security laws. These policies and measures are designed to prevent against loss, misuse, unauthorized access, modification and disclosure and unlawful destruction of your personal information. However, regardless of our efforts, it is possible that third parties may unlawfully intercept or access transmissions or private communications. We also limit access to the Services by our own employees, contractors, service providers to those individuals trained in the proper handling of such information. We request that our third party contractors and service providers follow similar standards of security and confidentiality. However, despite whatever efforts we take to protect it, no one can guarantee the complete safety of your information.

 

While we are dedicated to securing your personal information and our systems and Services, you are responsible for securing and maintaining the privacy of your credentials (e.g., user name, password or User Account information) and verifying that personal information we maintain about you is accurate and current.

 

5.         Data Retention

We access, retain, store and use your personal data for the least amount of time necessary to provide you with access to the Services) and in accordance with our data retention policies and applicable law. 

 

6.         User Choice and Access 

We strive to provide you with as many choices as possible to access, review, correct, update, suppress or otherwise limit our use of the information you have provided or asked a third party to provide to us, including:

  • User Account: If you have registered for a User Account to assist us with providing the Services, you may have the ability to update, delete and correct your User Account information. To update, delete and/or correct information in your User Account please login to your User Account. 

  • Contact Information: If you provided contact information in connection with your use of the Services, you may have the ability to update, delete and correct your contact information.  To update, delete and/or correct information in your contact information please login to your User Account.

 

We will try to comply with your request(s) as soon as reasonably practicable, but no later than within the timeframe required under applicable law.

 

If you are an EU citizen or reside in the EU, you may have certain rights with respect to the personal information you provided to us. To the extent permitted by applicable data protection laws, you may:

  • Access or modify your personal information;

  • Object, on grounds relating to your particular situation, at any time to the processing of your personal information if the legal ground we are relying on is our legitimate interest or in the public interest;

  • Request that your personal information be corrected if such personal information proves inaccurate or incomplete;

  • Request that your personal information be erased if it is no longer necessary for the purposes for which it was processed;

  • Withdraw your consent to, or object to, the processing of your personal information if we meet no other legitimate basis for such processing or your personal information has been unlawfully processed;

  • Restrict the processing of your personal information if you contest its accuracy or the lawfulness of our processing, we no longer need it but you need it for a legal claim or you have objected to its processing and await verification of our legitimate grounds for processing it;

  • Ask to stop receiving our marketing communications. If you opt out of marketing emails, you will continue to receive messages from us about your relationship with us where permitted by law;

  • Under certain circumstances, have your personal information transferred to another company;

  • Withdraw any consents that you have previously provided to allow us to process your personal information; or

  • Lodge a complaint to the relevant data protection authority.

 

If you wish to exercise any of these rights please email your data subject request to us at [privacy@HealthStrong.com].  Please note that some requests may require you to verify your identity.

 

7.         Your California Privacy Rights

If you are a resident of the State of California, we provide you with information above on how to exercise your choice options such as your right to opt-out or opt-in for use of your personal information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please contact us at [privacy@HealthStrong.com].  All requests must be labeled “Your California Privacy Rights” in the topic line. For all requests, please clearly state that the request is related to “Your California Privacy Rights,” include your name, street address, city, state, zip code and e-mail address and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly or that do not have complete information.

 

8.         International Visitors and Data Transfers

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our affiliates, partners, servers, vendors and service providers may not be located in your jurisdiction and may also be located outside of the European Economic Area and Switzerland.  Further, the Services are hosted in and managed from the United States of America (“U.S.”). If you visit the Services from a location outside the U.S., please be advised that any information you provide may be processed in and/or transferred to or from the U.S. or other jurisdictions, where privacy protections may not be as comprehensive as those in your jurisdiction. If you are an EU citizen or resident in the EU, we will transfer your personal information to the U.S. in accordance with EU data protection law requirements by using standard contractual clauses that have been approved by the European Commission or other appropriate means. 

 

Please note that transfers of personal information outside of the European Economic Area and Switzerland may also be necessary in order to perform our obligations under a contract with you (including under this Agreement), to fulfill a request made by you, to meet a legal or regulatory obligation and/or through obtaining you express consent. If you make transactions with parties outside the European Economic Area or Switzerland, we are required to transfer your personal information with those parties in order to provide the requested service to you.  If you wish to gain more information about such transfers, please contact us at [privacy@HealthStrong.com].

 

9.         Other Information You Should Know

From time to time, we may modify this Policy to reflect industry initiatives, third party requirements or changes in the law, technology, our information processing practices or the features and functionality of the Services, and such modifications shall be effective upon posting.  When we change this Policy in a material way, a notice will be posted on the Services along with the updated Policy. Your continued use of the Services after we post a revised Policy (and, where appropriate, notify you of same) signifies your acceptance of the revised Policy.  It is therefore important that you review this Policy regularly to ensure you are updated as to any changes. We may continue to process your information based on our legitimate interests or in order to fulfill our obligations under a contract and/or may also seek your affirmative consent to the terms of the updated Policy.  For example, we may ask for your consent before implementing new uses of the personal data that we’ve already collected from you based on such consent, if such new use was not addressed by the privacy policy under which such information was collected or if our legal basis for processing such information changes.

 

The Services may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and/or platforms operated by third party companies, including service providers, and Third Party Platforms.  The Services may also feature advertisements from other third parties. HealthStrong is not responsible for the privacy practices of any websites, applications, interfaces, services and platforms operated by such third parties that are linked to, rely on and/or integrated with the Services, or for the privacy practices of third party advertising companies. Once you leave this Services via such a link, access a third party application, interface, service, or platform, including Third Party Platforms and websites operated by service providers or third parties, or click on or navigate to an advertisement, you should check the applicable privacy policy of such third party to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

 

10.       Contact Us

If you have any questions or concerns about our privacy practices, how we handle your personal data or any of the terms or conditions of this Policy, please feel free to contact us at:  [privacy@HealthStrong.com].

 

11.       Description of Cookies

A cookie is a small data file that is placed on the hard drive of your device when you visit a website. Some cookies are functional and enable additional functionality when a user accesses the website (e.g., allows users to save user preferences or language suggestions).  Other cookies are non-functional and allow the website and third parties to tailor messages and advertising relevant to a user’s interests. When we refer to cookies, this includes other similar technologies such as flash cookies, pixel tags, web beacons or bugs (including transparent or clear gifs). We use cookies to keep track of how you use the Services so we may provide a personalized service.  

 

12.       What Cookies We Use?

We do not place cookies until you elect to continue using the Services after our cookie banner displays. We use the following types of cookies: 

  • Strictly Necessary Cookies:  These cookies are necessary for the Site to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Services may not work if you choose to do so.

  • Performance Cookies:  These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of the Services. They help us know which pages are the most and least popular and see how visitors move around the Site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited the Services.

  • Functional Cookies: These cookies allow the provision of enhanced functionality and personalization, such as videos and live chats. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these functionalities may not function properly.

For more information about the kinds of cookies we deploy, the purposes and duration for which they are deployed, and how to control the use of cookies on your device please email us at [privacy@HealthStrong.com]. You can also learn more about cookies and set cookies preferences from allaboutcookies.org, www.aboutads.info/choices, and www.networkadvertising.org.  

 

13.       What Information Is Processed by Cookies

Our cookies and other tracking technologies will collect persistent identification numbers to enable the Services to recognize you as a repeat visitor and apply your settings, preferences you set on the Services, actions you take on the Services, and your browsing history.  Your data will be processed in the EU and in the United States in accordance with this Policy.

 

14.       How We Deploy Cookies

Our Cookies.  We deploy cookies to help us to identify how users navigate to and around the Services, to track your use of the Site (e.g., to enable us to ensure the Site is performing properly) and to enable some of the features within the Site that may be beneficial to you (e.g., managing your session), to recognize you when you return to the Services (this speeds up your access to the Site as you do not have to log in each time), to carry out research and statistical analysis to help improve our content, products and services, to secure the login process and to make your online experience more efficient and enjoyable. We also use cookies to analyze audience size and user experience. Further information is provided in the table below.

 

Third-party cookies.  We may also use cookies issued by third parties to display content from third parties. The third party suppliers are responsible for the cookies they set on the Services. If you want further information please go to the website for the relevant third party.

Our use of cookies helps us deliver an effective and personalized online service to you.

 

15.       Our Legal Basis for Processing Information Collected by Cookies

The information we obtain from our use of cookies may contain your personal data but only where you voluntarily provide it (e.g., by completing an online form or entering your email address into a subscriber box) or where you purchase goods or services from us.  We will process your personal data for strictly necessary and performance cookies based on our legitimate interests.  For functional cookies, we will process your personal data based on your consent.  For more information about how we process your personal information, obtain consent and how you may withdraw consent, please see Sections 1-10 of this Policy.

 

By continuing to browse on the Services you consent to us deploying cookies as described in this Policy. If you do not wish to accept cookies from the Services, or would like to stop cookies being stored on your device in the future, you can change the settings in your web browser or in your operating system preferences on your device or use the links provided below to decline and/or delete cookies. See the "Help" section your browser menu for guidance on how to do this. Note that changing cookie settings may affect certain features within this website. 

If you have any questions about our use of cookies or other technologies or this Policy, you may email us at [privacy@HealthStrong.com]. 

Copyright © 2021 HealthStrong Inc.

 

Last updated:  December 7th, 2021