Last Updated: January 1, 2020
Android Advertising ID
The Android Application uses a 3rd party (Google Firebase Analytics) which makes use of the Android Advertising ID to collect analytics information. The Android Advertising ID is not used in any other context within the application.
provided by the Company (the “Services”) are an interactive health risk assessment and health and wellness management program that generates reports and recommended plans of action, as well as educational materials, based on information entered into the system. This information may be entered by you or by someone using the Services on your behalf (such as a friend, family member, or other person). These reports can be used by you to learn more about Health Information (defined below), and to track and monitor your particular health situation. The more you engage with the Services, the more you will learn about your particular health situation.
We provide the Services to you on behalf of an employee benefits administrator, pharmacy, retailer or other entity that provided you access to WellRight (“Third Party Provider”), in some cases through an embedded or co-branded website. We are contractually bound to process Personal Information under their instructions, and we strongly advise you to review privacy notices provided by any Third Party Provider.
- WellRight Websites
II. WHAT DO TERMS SUCH AS PERSONAL INFORMATION AND HEALTH INFORMATION MEAN?
“Personal Information” means information that would allow someone to identify or contact you, including, for example, your name, address, telephone number, and e-mail address. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons, such as statistics about how many visitors WellRight received last month.
“Health Information” means information related to a medical condition or other indicia of health. Health Information does not include contact and account information entered when registering for WellRight. Health Information is also Personal Information unless it cannot be linked or associated with the individual to which it relates. By way of example, we may aggregate Health Information (without linking it to Personal Information) with that of other WellRight users to generate statistics regarding the number of WellRight users who are at risk of certain diseases based on self-reported answers to historical diagnosis information.
“UID” means a unique user identification number, which is provided to WellRight by the Third Party Provider allowing you to establish your account.
III. WHAT PERSONAL INFORMATION OR HEALTH INFORMATION DOES WELLRIGHT COLLECT?
Creating an Account. We require you to establish an account to use WellRight. The Third Party Provider for your account will provide WellRight with a UID that carries no information other than the authorization rights to create an account. If you choose to create an account, we collect, at a minimum, the following information: (a) an e-mail address, (b) a password, and (c) a reminder hint in case you forget the password. You may also be asked to provide additional information such as (a) name, (b) mailing address, and (c) phone number. Once an account has been created, we will continue to use your assigned UID for you.
Health Information for Reports. WellRight collects Health Information provided on a voluntary basis and in accordance with consent. You may provide us Health Information directly (e.g., by completing an Assessment) or through other sources that you authorize us to receive information from (e.g., a wearable device). Use and disclosure of Health Information is limited (see Section IV, Health Information and Section V), and its transmission is protected using encryption technology (see Section IX, Security Measures). To withdraw your consent for the processing of Health Information about you, you may send a request to email@example.com and we will promptly take steps in accordance with applicable law to honor your request. If you withdraw your consent, you may be ineligible for rewards offered through the Services that are based on health-related objectives and metrics.
Browsing Information. When you browse or use the WellRight Site or Services, we may collect certain browsing information, to the extent applicable, including the following: (a) IP address, (b) the date and time at which you accessed the Services, (c) the pages that you visited, (d) the link you followed to reach the Services, and (e) your browser and operating system.
Website Analytics. We use Google Analytics, an analytics service to help us analyze the traffic on the Service. For more information on Google Analytics’ processing of Personal Information, please see “How Google uses data when you use our partners' sites or apps.”
IV. HOW DOES WELLRIGHT USE PERSONAL INFORMATION OR HEALTH INFORMATION?
De-identified and Aggregated Information. We may use de-identified information such as browsing information or aggregated user information to develop reports and analyses that help us enhance or promote our services.
Personal E-mails/Messages. We may use Personal Information to contact you if you request or have consented for us to do so, if there is a problem or an update to your account that requires you to be notified, or, if you are a registered user of the Services, to send you information relating to the Services or similar services that we provide. You may withdraw your consent or opt out to receiving certain communications (e.g., marketing communications) by following the instructions provided in the messages that you receive.
Health Information. Health Information, in non-aggregated form, is used primarily for the creation of reports and interactive educational and tracking features through the Services. Reports may include treatment options, interactive features, and trackers and tools. Based on the data that is entered into WellRight, we may provide you with links to personal challenges, courses, or other features of WellRight that are likely of interest to you.
WellRight provides social and community features. These sections are voluntary to join. No Health Information that is Personal Information is directly provided to the community by WellRight. Some of the community sections, such as a “Diabetic Forum” may allow other participants to draw inferences about a particular user’s health, even though no specific details regarding the user’s health is provided by WellRight to the community. As a user, you must decide what information you wish to provide to the community forums.
Additional Uses. In addition to the above uses, we may use Personal Information for any of the following purposes: (1) to provide, analyze, administer, and improve our Site and services; (2) to provide the Services and Site; (3) to respond to specific requests from you and other visitors; (4) to provide any necessary notices to you or other visitors if situations prompt such notification; (5) to protect the security or integrity of our Services if necessary; and (6) as necessary to meet legal obligations.
V. UNDER WHAT CONDITIONS DOES THE COMPANY DISCLOSE YOUR INFORMATION?
Contractors. We use contractors to help with some of our operations. Some of these contractors will have access to our database on a temporary basis for specific tasks. The Company may also use contractors to help with certain aspects of its operations (such as ensuring we do not send email messages to those who have opted out of our messaging programs, clinical trials recruitment and enrollment, newsletters and other similar features), which may require the contractor to access Personal Information. For example, we work with Springbuk for data analytics, Google Analytics to analyze the traffic on the Site, eHealth Screenings for biometric services, and Amazon Web Services to host the Site and the Services. The Company takes steps to ensure that these contractors maintain the confidentiality of Personal Information and use Personal Information only as necessary to perform the services they are asked to perform.
Other Disclosures. We may share Personal Information with third parties under the following circumstances: (i) in connection with a court order, subpoena, government investigation, or when otherwise required by law; (ii) in the event of a corporate sale, merger, acquisition, or similar event; (iii) working with third-party companies to support any technical operation or execute a specific promotion or program (such as providing responses to conduct surveys, or maintain a database of visitor information, etc.); or (iv) to facilitate your transactions with our third-party marketing partners.
VI. HOW CAN YOU EXERCISE YOUR RIGHTS RELATING TO PERSONAL INFORMATION?
You have the right to access and update or change any information you believe is incorrect. You may change Personal Information and Health Information within WellRight online at any time. Alternatively, you may make a request to firstname.lastname@example.org to review Personal Information about you. If you request that certain Personal Information be changed, we will make the changes in accordance with applicable law.
At any time, you may also request that we remove Personal Information and Health Information from our database. Depending on where you live, you may have additional rights under applicable law, such as the rights to export or object to or restrict the processing of Personal Information, and the right to erasure of Personal Information. To exercise such rights, send us a request at email@example.com and we will promptly respond in accordance with applicable law.
You may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information. We encourage you to first reach out to us, so we have an opportunity to address your concerns directly before you do so.
VII. Children’s Privacy
The Services are not intended for use by children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 18 years of age.
IX. HOW DOES THE COMPANY PROTECT PERSONAL INFORMATION AND HEALTH INFORMATION?
Compliance Statement. The Company is neither a “Covered Entity” nor “Business Associate” to Covered Entities as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 and its regulations (“HIPAA”), except in specific cases. In those cases, we will enter into “Business Associate Agreements” when required, and abide by all legal requirements of such agreements. When we participate with a third party which operates and maintains a personal health record (“PHR”) which is subject to the Health Information Technology for Economic and Health Act (“HITECH”) of the American Recovery and Reinvestment Act (“ARRA”), they shall abide by any federal regulations applicable to PHR related entities. Nevertheless, recognizing the importance to our users of protecting and securing their Personal Information as well as their Health Information, we have adopted a corporate compliance plan which includes adoption of the administrative, physical and security safeguards set forth in the current HIPAA Privacy and Security Compliance Program for the Company.
X. Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding a company’s disclosure of personal information (as defined by California law) to third parties for such third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us as set forth in Section XIII below.
In addition, the state of California provides California residents with certain other rights concerning their Personal Information. This section describes (1) the categories of Personal Information, collected and disclosed by us, subject to California privacy law, (2) your privacy rights under California privacy law, and (3) how to exercise your rights.
- Collection and Disclosure of Categories of Personal Information under California Privacy Law
- Identifiers (for example, name, email address, IP address, and online identifiers); and
- Internet or other electronic network activity information, including information on your usage of our Sites.
We may disclose each of these categories of Personal Information with our service providers for our business purposes (to enable the service providers to provide their services) and as otherwise described in the “Sharing of Personal Information” section above.
- Your Privacy Rights Under California Law
Subject to certain exceptions, California consumers have the following rights with respect to their Personal Information:
You have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
You have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
You have the right to request to have your Personal Information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law; or (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- How to Exercise Your California Privacy Rights
If you are a user of the Services, you should contact your Third Party Provider to exercise your rights under California law.
If you otherwise believe that we have collected Personal Information about you, and would like to exercise your rights listed above, please send (or have your authorized agent send) an email to firstname.lastname@example.org. You have a right not to receive discriminatory treatment by any business when you exercise your California privacy rights.
While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:
- Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the Personal Information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer’s behalf.
- Help Us Verify Your Identity: Provide us with information to verify your identity. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.
- Direct Our Response Delivery: Please provide us with an e-mail or mailing address through which we can provide our response. If you make the request by email, unless otherwise requested, we will assume that we can respond to the email address from which you made the request.
XI. Personal Data Transferred from the EU or Switzerland To The United States.
In compliance with the Privacy Shield Principles, WellRight commits to resolve complaints about your privacy and our collection or use of Personal Data about you. Persons from the EU or Switzerland who have inquiries or complaints regarding this Statement should first contact us via email at: email@example.com.
WellRight has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
These recourse mechanisms are available at no cost to you. Damages may be awarded in accordance with applicable law. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the Privacy Shield, WellRight is potentially liable.
In addition, you may contact us at firstname.lastname@example.org if you would like to opt-out of Personal Information (i) being disclosed to a third party; or (ii) being used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. We will promptly review all such requests in accordance with applicable laws.
XII. Retention of Personal Information