Effective Date/Last Modified: 10/16/20
THE FOLLOWING TERMS CONTAINED HEREIN MAY CHANGE WITHOUT NOTICE, YOU AGREE TO ANY CHANGES OR ADDITIONS BY USE OF SERVICES.
This Policy describes:
Information that we receive from you when you interact with the Services
How we use and process the information that we receive
If and why Personal Information may be disclosed to third parties
Your choices regarding the collection and processing of your Personal Information
USERS FOUND TO BE IN DISAGREEMENT WITH ANY TERM OF SERVICE CONTAINED HEREIN WILL BE TERMINATED FROM FROM UTILIZING OUR SERVICES.
YOU MAY NOT USE WELLBILITY IF YOU ARE LOCATED IN EUROPE OR CALIFORNIA.
INFORMATION WE COLLECT
Types of Information
We collect various kinds of information that you provide to us as well as the information we obtain from your use of the Services. Some of the types of information that we collect include:
“Personal Information”—information associated with or used to identify or contact a specific person. Personal Information includes (1) contact data (such as e-mail address, telephone number, university enrollment, and employer); (2) demographic data (such as gender, date of birth and zip code); [and] (3) certain Usage Data (defined below), such as IP address; and (4) all user-generated content, purchases, or otherwise inputted data.
“Usage Data”—information about an individual's online activity that, by itself, does not identify the individual, such as
technical information, including your browser type, service provider, IP address, operating system, and application pages visited;
information about what you've searched for and looked at while using the Services;
metadata, which means information related to items you made available through the Services, such as the date, time, or location that a shared photograph or video was taken or posted.
(Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify an individual. Personal Information and Usage Data may be linked together. Different types of Usage Information also may be linked together and, once linked, may identify an individual person. Some Usage Data may be Personal Information under applicable law.)
“Location Data” is a category of Personal Information collected about the location of a mobile device or computer, including:
the location of the mobile device or computer used to access the Services derived from GPS, Bluetooth, and/or WiFi use;
the IP address of the mobile device used to access the Services,
other information made available by a user or others that indicates the current or prior location of the user for purposes of Contact Tracing or to serve the optimization of Services offered through the Application (Wellbility)
"Personally Identifiable Health Information" - information that may reveal your health status. This information can include all subsets of health information, including demographic information collected from an individual. We will collect all data created or received by a healthcare provider, health plan, employer, or healthcare clearinghouse, associated with Services. We will collect past, present, or future physical or mental health or condition of an individual. We will collect information pertaining to the provision of healthcare to an individual that will identify the individual. We will collect healthcare payment information. However, we are not a healthcare provider, we are a Business Associate as identified under 45 CFR § 164.504. We will not use this information for anything other than what is permitted by law. You are EXPRESSLY consenting to the use of your personally identifiable health information for the purpose of facilitating healthcare services and the promotion of public health as broadly defined.
How We Collect Information
From You. We collect information from you when you:
Use the Services. We collect Personal Information from you when you create an account to use one of the Services, contact us for help or information or otherwise voluntarily provide your Personal Information. WE COLLECT ALL DATA INPUTTED PERTAINING TO SYMPTOMS THAT ARE SUBMITTED TO THE APPLICATION. How you interact with the Application and what pages and services is collected by On-Site Medical Services.
When you submit an order for service or product. We collect all data pertaining to submissions for requests such as telehealth services, and/or other products and services.
When your symptom data indicates you should be tested. We collect data pertaining to symptom data submitted by you. If you have exceeded a threshold that the application suggests you should be tested we will immediately collect the data and use it.
From Our Business Partners and Service Providers. Third parties that assist us with our business operations also collect information (including Personal Information and Usage Data) about you through the Services and share it with us. For example, our vendors collect and share information with us to help us detect and prevent fraud. We may collect and share information with partners, vendors, or third parties to facilitate commercial healthcare transactions, billing, identification, and achieve public health goals. Any vendors that can be accessed through the use of the application (Wellbility) will have access to your data for purposes of facilitating a purchase, testing, and achieving public health goals (or to otherwise achieve a commercial healthcare objective).
Usage Data. We also automatically collect Usage Data when you interact with the Services.
From data collection tools. We, along with the service providers that help us provide the Services, use small text files called “cookies”, which are small computer files sent to or accessed from your web browser or your computer's or tablet's hard drive that contain information about your computer, such as a user ID, user settings, browsing history and activities conducted while using the Services. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your interaction with the Services. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier.
Cookies help us improve the Services by [Include all that apply: tracking users' navigation habits and storing users' password, customizing users' experience with the Services; enabling us to analyze technical and navigational information about the Services; and helping to detect and prevent fraud].
We also use other cookies and other data collection tools (such as web beacons and server logs), which we collectively refer to as “data collection tools,”to help improve your experience with the Services. [For example, data collection tools help us remember users and make the Services more relevant to them].
The Services also may use data collection tools to collect information from the device used to access the Services, such as operating system type, browser type, domain and other system settings, as well as the operating system used and the country and time zone in which the computer or device is located.
Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers (including some mobile web browsers) provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user's computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Services.
OUR DATA COLLECTION TOOLS ARE EXTENSIVE AND WILL COLLECT PERSONAL INFORMATION ON USERS INCLUDING BUT NOT LIMITED TO: LOCATION DATA, PERSONAL INFORMATION, HEALTH INFORMATION, AND INTERACTIONS WITH OTHER USERS. YOU MUST AGREE TO EXTENSIVE COLLECTION OF INFORMATION BY THE MEANS MENTIONED HEREIN, BUT COLLECTION MEANS ARE NOT LIMITED TO MEANS MENTIONED HEREIN.
How We Use Your Information
We may use the information we collect for any of the following purposes:
to provide the Services to you;
to operate, improve and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us;
for customer service, security, to detect fraud or illegal activities, or for archival and backup purposes in connection with the provision of the Services;
to communicate with users: using contact tracing technology as broadly understood;
to better understand how users access and use the Services, for the purposes of trying to improve the Services and to respond to user preferences, including language and location customization, personalized help and instructions, or other responses to users' usage of the Services;
to help us develop our new products and services and improve our existing products and services;
to provide users with advertising and direct marketing that is more relevant to you;
to enforce our Application Use Terms or other applicable policies;
to facilitate health service or product transaction over the Application;
to facilitate public health objectives;
to achieve commercial health ventures; and
to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Services.
Please note that, in order to provide you with a better experience and to improve the Services, information collected through the Services may be used in an aggregated or individualized manner. For example, personal information collected during use of one of the services may be used to suggest particular content that can be made available to the user on another of the Services or be used to try to present more relevant advertising in another of the Services.
We will use Voluntarily-Provided Information to send Users information that they agree to receive about topics that may be of interest to them. We will never share User information with third parties unless the User has consented and the sharing is necessary to facilitate services. User information, voluntary or otherwise, will never be shared with third parties for mere marketing or advertising purposes. We may send promotional material to you regarding the Services, however, we will limit communication to only necessary material that we feel will enhance User experience, you may unsubscribe at any point.
WE WILL NEVER SELL IDENTIFIABLE USER DATA, FOR ANY PURPOSE INCLUDING BUT NOT LIMITED TO MARKETING OR ADVERTISING. WE ARE HERE FOR USER WELLNESS AND NOT SELLING IDENTIFIABLE USER DATA.
How We Share and Disclose Your Information
We may share and disclose information as described at the time information is collected or as follows:
When you consent. We may share Personal Information with third parties if you have given us your consent to do so. We will only share Sensitive Personal Information when you have given us your opt-in consent.
To perform services. We may disclose Personal Information to third parties in order to perform services requested or functions initiated by users, such as transaction processing, debt collection, telehealth, and others. In addition, we may disclose Personal Information in order to identify a user in connection with communications sent through the Services. We also may offer users the opportunity to share information with friends and other users through the Services.
With third party service providers performing services on our behalf. We share information, including Personal Information, with our service providers to perform the functions for which we engage them (such as hosting and data analyses). We may share information as needed to operate other related services.
For legal purposes. We also may share information that we collect from users, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.
WE MAY DISCLOSE PERSONAL HEALTH INFORMATION SUCH AS TEST RESULTS FROM COVID-19 IF WE ARE COMPELLED BY A GOVERNMENT AGENCY, OR IF SUGGESTED BY LAW, REGULATION OR IN FURTHERANCE OF GOOD PUBLIC POLICY TO ACHIEVE UNIVERSAL HEALTH GOALS.
In aggregated form. We may share Personal Information about you in an aggregated form—that is, in a statistical or summary form that does not include any personal identifiers—with third parties in order to discover and reveal trends about how users like you interact with our services. Your data may be unidentified and used for purposes of COVID-19 research, this data may be sold, however, your personal information will not be used without your information and all information will be stripped of identifying markers.
Information Storage and Security
We retain information as long as it is necessary and relevant for our operations. We also retain Personal Information and Personal Health Information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies. IF WE DO NOT HAVE ANY USE FOR YOUR DATA AFTER 1 YEAR WE WILL NOTIFY YOU THAT WE WILL DELETE THE DATA WITHIN 90 DAYS, DURING THIS PERIOD YOU MAY DOWNLOAD YOUR DATA OR SEND TO ANOTHER SERVICE PROVIDER, AND WE WILL ASSIST IN THIS PROCESS.
We employ industry-standard security measures designed to protect the security of all information submitted through the Services. However, the security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. Users of the Services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our digital services. In order to protect you and your data, we may suspend your use of any of the Services, without notice, pending an investigation, if any breach of security is suspected. Access to and use of password protected and/or secure areas of any of the Services are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
Third Party Websites
Users may find other content on our Apps that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Apps or websites, is subject to that website’s own terms and policies. With respect to links from the Apps to our other websites please refer to the privacy policies on those websites.
It is important to us that you are able to access and review the Personal Information we have about you and make corrections to it or delete it, as necessary. You can visit [your account] to manage and correct the information we have on file about you. If you have any questions about how to access your Personal Information, please contact us at:
Links to Third Party Services
Disclaimer: Not Child-Directed
Children under the age of 14 should not use the Services (WELLBILITY). Children under the age of 18 are required to use the application with direct supervision of an adult, university, or school. Children under the age of 18 must receive affirmative consent from parents or guardians to use the application and must be enrolled with a partner school or other Wellbility partner organization. Partner organizations with children using the application must direct and support children when using Wellbility. Unauthorized or unsupervised use of Wellbiity by minors is not permitted and may result in account termination. CHILDREN USING WELLBILITY MUST RECEIVE AFFIRMATIVE CONSENT FROM A PARENT OR GUARDIAN. ACCOUNTS HELD BY CHILDREN WITH NO CONSENT FROM A PARENTS OR GUARDIAN AND/OR ARE NOT SUPERVISED WHILE USING WELLBILITY WILL BE TERMINATED.
WE DO NOT PERMIT USERS OUTSIDE OF THE UNITED STATES TO USE OUR APPLICATION. YOU MAY NOT USE OUR APPLICATION (WELLBILITY) IF YOU LIVE OUTSIDE THE UNITED STATES. YOUR ACCOUNT WILL BE TERMINATED IF YOU RESIDE OUTSIDE OF THE UNITED STATES.
WELLBILITY PROVIDES NO MEDICAL ADVICE OR GUIDANCE. THE USE OF WELLBILITY OR OTHER SERVICES DOES NOT CONSTITUTE A PHYSICIAN-PATIENT RELATIONSHIP. YOU SHOULD NOT RELY ON WELLBILITY FOR MEDICAL ADVICE. SEEK MEDICAL ATTENTION IF YOU BELIEVE YOU NEED MEDICAL ATTENTION. WELLBILITY DOES NOT DIAGNOSE OR TREAT ANY ILLNESS OR AILMENT. Speak to a licensed healthcare provider if you believe you need medical treatment. Do not rely on any information provided by Wellbility or any Services described herein for medical advice or treatment. We make no claim that Wellbility can prevent, or mitigate any illness from occurring or progressing. WELLBILITY DOES NOT DIAGNOSE, TREAT, OR MITIGATE COVID-19. USING WELLBILITY DOES NOT MEAN YOU DO NOT HAVE COVID-19 OR WILL NOT CATCH COVID-19. WELLBILITY CANNOT PREVENT COVID-19 INFECTION.
DO NOT USE WELLBILITY, THIS WEBSITE, OR ANY SERVICES PROVIDED BY ON-SITE MEDICAL SERVICES LLC. IF YOU DISAGREE WITH ANY TERMS CONTAINED HEREIN. IF YOU DISAGREE WITH ANY TERM CONTAINED HEREIN YOU MUST NOT USE OUR SERVICES.
Governing Law; Dispute Resolution
You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE HEREBY WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST US.
If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, than this entire section shall be deemed invalid and the arbitration clause shall be void.