Protecting your privacy is important to us. Accordingly, we are providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of personal information that we receive when you use our Services (regardless of where you access such Services from), and to tell you about your privacy rights and how the law protects you.
“Services” includes any website, including www.restorehealth.com and www.HealthFleet.com, (“Sites”) and any web-based, mobile device or tablet application owned or operated by HealthFleet, Inc. and/or its wholly owned subsidiary Lean Labs, Inc. d/b/a Restore Health and/or its licensors (collectively, “HealthFleet,” “our” “us” or “we”) that link to this Privacy Policy and any related software, content, programs, services, materials or offerings. HealthFleet, Inc. is the controller and responsible for the Sites (unless you are informed otherwise). 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.”
It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide or direct you to on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.
Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Use.
If you do not agree to be bound by this Privacy Policy, you should immediately cease all use of the Services, including all Sites.
Information We Collect
When you use the Services, we may collect certain personal information, including Personally Identifiable Information in the U.S. and “special categories of personal data” in the European Union (“EU”), as such terms are defined under applicable law. Personal information or data is information that specifically identifies you or, 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.
We may also collect Protected Health Information (or “PHI”), as defined under applicable law. With respect to how we may use or disclose your Protected Health Information as permitted or required by law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please refer to our HIPAA Notice of Privacy Practices (“HIPAA Privacy Policy”):_______ Any conflict between this Privacy Policy and the HIPAA Privacy Policy concerning your Protected Health Information shall be governed by our HIPAA Privacy Policy.
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 General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and the UK General Data Protection Regulation (“UK GDPR”), please see “Glossary” and “Lawful Basis” at the end of this Privacy Policy. This policy comports with both the GDPR and the UK GDPR.
Generally, we do not rely on consent as a legal basis for processing your personal information, but 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 or the UK, as set forth above, 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.
Information Collected for Account
When you create an account, we collect personal information such as your name, email address, postal address, and phone number. We will process the above information to administer your account with us and to manage our relationship with you, which will include notifying you about changes to our Terms of Use or our Privacy Policy. When we collect such information for account management purposes or to notify you about changes to our Terms of Use, we rely on the “performance of a contract with you” legal basis under the GDPR; when we collect it to notify you of changes to our Privacy Policy, we rely on the legal basis under the GDPR whereby such processing is necessary to comply with a legal obligation.
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.
We also collect, use and share aggregated, non-identifying data (“Aggregated Data”) such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal information but is not considered personal information under law as this information will not directly or indirectly reveal your identity. For example, we may aggregate information about how you use our Sites and Services to calculate the percentage of users accessing a specific Site or Service feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
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.
Information Collected Using Cookies and Other Tools
We collect certain information through the use of “cookies,” which are small text files that are saved by your browser when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. You can read more about cookies at www.allaboutcookies.org.
Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your browser via our Services. Note that this Privacy Policy covers only our use of cookies and does not include such use of cookies by such third parties.
We may use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of Sites and report on activities or trends. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
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.
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).
Coaching 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. When we collect such information about your wellness goals we process such information to perform a contract with you (our Services to you).
Location Information
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 or the UK:
Please provide your consent to our collection and processing of location information about you for the above purposes.
Unique Application Numbers
A unique application number is a unique identifier for applications related to Services. We may use a unique application number when you want to install or uninstall a Service. We may also use unique application numbers when a Service searches for automatic updates, including by obtaining information about your installation such as the type of operating system.
How Your Information is Used
We use your personal information to: administer the Services; improve the operation and functionality of the Services; tailor our Services to our Users’ needs and preferences; communicate with you, including for coaching Services or notifying you of other information related to the Services; and for all other purposes consistent with this Privacy Policy and applicable law.
Promotional Offers From 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.
Third-Party Marketing
We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.
Opting Out
You can ask us or third parties to stop sending you marketing messages at any time. Please contact us at support@restorehealth.com with your request. If 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.
Change of Purpose
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 at support@restorehealth.com with your request.
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 or UK, 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.
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) (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).
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, which third-party acquirer may use your personal information in the same way as set out in this Privacy Policy.
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 system, 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
All information you provide to us is stored on our secure servers. Any payment transactions carried out by our chosen third-party payment processor will be encrypted using Secure Sockets Layer technology, its successor (Transport Layer Security), or an alternative industry-standard cryptographic protocol designed to provide security between networked computers.
You will be provided a password that enables you to access certain parts of our Sites and Services, and you are responsible for keeping this password confidential. We ask you not to share a password with anyone to protect your privacy and the security of our Services. If the security of your password has been compromised for any reasons, you should change your password immediately and notify us for assistance.
We take appropriate security measures to protect the information that we collect from or about you (including your personal information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. Do not provide your personal information to us if you are concerned with its use or disclosure in accordance with this Privacy Policy.
We will collect and store personal information on your device using application data caches, browser web storage (including HTML 5) or databases, and server logs.
In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business-related 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.
Data Retention
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. Please see below under “How to Contact Us” for information to contact us.
In some circumstances you can ask us to delete your data. If you are based in the European Union or UK, please see below under “Your Legal Rights under the GDPR and UK GDPR” for further information.
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.
Links to Other Sites
Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that third-party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services or for any personal information that may be collected through these websites or services, such as your contact information or your location information. To protect your information, we recommend that you carefully review the privacy policies of other websites and services that you access before you submit any personal information to these websites or use these services.
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 of Use). 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.
For RestoreResilience Users Only
If you are participating in the RestoreResilience Program, you may have the opportunity to complete certain preliminary screening tools for assessing behavioral or mental health conditions through the website hosted by HealthFleet’s licensor, MindWise Innovations, a program of Riverside Community Care, Inc. (“MindWise”).
Importantly, this Privacy Policy does not apply to websites or services provided by MindWise. The content, privacy or security practices and policies of any websites or services provided by MindWise—or for any personal information that may be collected through these websites or services, such as your contact information or your location information—is protected by the privacy policy (and all related updates) made available to you by MindWise. To protect your information, we recommend that you carefully review the MindWise Privacy Policy before you submit any personal information.
We will notify you when you are leaving HealthFleet, Inc’s web-based application to use websites or services provided through MindWise. This Privacy Policy is not intended to override any of the terms and conditions of the privacy policy or any other related notices provided by MindWise.
MindWise collects basic demographic information about each user, such as their age, gender and marital status. HealthFleet will only receive general, aggregated reports about RestoreResilence program participates using the MindWise site. This information allows us to create services more targeted to the needs of our program participants.
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 support@restorehealth.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.
If you are based in the European Union or UK, please note that under certain circumstances, you have rights under GDPR in relation to your personal information, including:
- Requesting access to your personal information;
- Requesting rectification of your personal information;
- Requesting erasure of your personal information;
- Asserting an objection to processing of personal information;
- Requesting restriction of processing your personal information;
- Requesting transfer of your personal information; and
- Requesting to withdraw consent for processing your personal information.
If you wish to exercise any of the rights set out above, please contact us.
No Fee Usually Required
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.
What We May Need From You
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.
Time Limit to Respond
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.
International Transfers
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal information to us, we may transfer your personal information to the United States and process it there. Your consent to this Privacy Policy followed by your submission of any personal information represents your agreement to that transfer.
Our Policy Toward Children
We recognize the privacy interests of 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 Rights
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.
Your Nevada Privacy Rights
If you are in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at support@restorehealth.com Please include “Opt-Out Request Under Nevada Law” in the subject line of your message.
Changes to Privacy Policy and Your Duty to Inform Us of Changes
Any information that we collect is subject to the privacy policy in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of such changes by posting them on the Services or by sending you an email or other notification, and we’ll indicate when such changes will become effective. Please ensure that we have an up-to-date active and deliverable email address for you, and please visit this Privacy Policy over time for updates.
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.
How to Contact Us / Questions?
Please contact us if you have any questions about our Privacy Policy, our privacy practices, or to exercise your data-protection rights (including provision of consent consistent with this Privacy Policy):
Email us at: support@restorehealth.com
Call us at: (877) 399-6540
| Write us at: |
PO Box 550251 North Waltham, MA 02455-0251 |
If you are based in the European Union, please be aware that you have the right to make a complaint at any time to your national supervisory authority for data protection issues. For more information, please see: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us in the first instance.
Glossary
Lawful Basis means a legal basis for processing your personal information under the GDPR (consent, performance of a contract, a legitimate interest, a vital interest, a legal requirement, and a public interest).
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 a 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.
Your Legal Rights Under the GDPR & UK GDPR
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.
