Effective March 24th 2019
1. DEFINITION OF PERSONAL INFORMATION
Personal Information means any information that identifies you or could reasonably be used to identify you and which is submitted to Welly Health PBC. Examples of Personal Information include: first and last name, a physical street address, email address, or any other information that allows you to be contacted either physically or online.
2. PERSONAL INFORMATION WE COLLECT
Information you provide.
We collect information that you chose to provide with you use the Site, including when you register to access the Site, sign up to receive emails or other communications, apply for a job, or otherwise contact us with a question, comment, or request. This can include, but is not limited to: (a) your name, contact information, sex, and other registration information; (b) health information; (c) information you provide when submitting an employment application form; and (d) information you provide us when you contact us. If you report an experience or reaction involving one of our products, we may ask for additional information, for example, to help us meet our reporting obligations under existing federal law or FDA requirement. Any information collected about you from the Site can, from time to time, be associated with other identifying information we have about you.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and payment methods accepted by Shopify), email address, and phone number. We refer to this information as “Order Information”.
Information automatically collected from you.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, Internet Protocol (IP) address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
3. HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). Additionally, we use this Device Information to:
- Measure interest in Welly Health PBC Services
- Develop new products and Services
- Ensure internal quality control
- Verify Individual identity
- Communicate about Individual accounts and activities on Welly Health PBC’s Services and systems, and, in Welly Health PBC’s discretion, changes to any Welly Health PBC policy
- Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance
- Process payment for products or services purchased
- Process applications and transactions
- Comply with regulatory requirements, including collecting and using information relating to adverse affects you have experienced when using our products
- Prevent potentially prohibited or illegal activities
We use the Personal Information for marketing to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Welly Health PBC may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors;
- For other purposes disclosed at the time that Individuals provide Personal Information; or Otherwise with your consent.
- You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described below.
We use the Personal Information for Research and Development to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Welly Health PBC may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Additionally, we use Personal Information in the following ways:
- Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, referral offers, newsletters, mailings, or phone calls from us with information on Welly Health PBC’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions below.
- Mobile Devices. From time to time, Welly Health PBC may provide Services that are specifically designed to be compatible and used on mobile devices. Welly Health PBC will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings and the operating system of your device. Mobile versions of Welly Health PBC’s Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with user accounts. In addition, Welly Health PBC may enable Individuals to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Welly Health PBC to enable Individuals to access user accounts and to enable Welly Health PBC to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Welly Health PBC may use personal or non-identifiable information transmitted to Welly Health PBC to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Policy or in other notices Welly Health PBC provides.
- Anonymous and Aggregated Information. Welly Health PBC may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Welly Health PBC’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Welly Health PBC may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Welly Health PBC and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you. Information Submitted Via Services. You agree that Welly Health PBC is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Welly Health PBC will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- Sharing Content with Friends or Colleagues. Welly Health PBC’s Services may offer various tools and functionality. For example, Welly Health PBC may provide functionality on its Services that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Welly Health PBC or any other Third Parties for any other purpose. Other Uses. Welly Health PBC may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
4, SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above; to comply with applicable laws and regulations; to respond to a subpoena, search warrant or other lawful request for information we receive; to protect our rights; or with your permission.
- We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. Welly Health PBC has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
- Business Partners. Welly Health PBC may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested Welly Health PBC may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Welly Health PBC’s name. Welly Health PBC requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Welly Health PBC provided them.
- Displaying to Other Users. The content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
- Marketing. Interest-Based Advertising and Third Party Marketing. Through our Services, Welly Health PBC may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Welly Health PBC related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions below.
- Disclosures to Protect Us or Others (e.g., As Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Welly Health PBC policies or contracts; (v) to collect amounts owed to Away; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
- Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should such an event occur, Welly Health PBC will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Policy in effect at the time such Personal Information was collected.
5. COOKIES, PIXEL TAGS/WEB BEACONS, AND ANALYTICS INFORMATION
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting and other providers to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. Google Analytics data is not tied to any Personal Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
- Behavioral Advertising. As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Do Not Track. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track (“DNT”) signal from your browser. For information about DNT, visit http://www.allaboutdnt.org
6. LINKS TO THIRD-PARTY SITES
The Site may contain links to other websites, tools, or technology provided by third parties. These Third-Party sites are not controlled by us and we are not responsible for a Third-Party site’s collection and use of your information. We encourage you to read the privacy policies of every website you visit.
7. NOTICE TO CALIFORNIA RESIDENTS
Under California law, California residents may request a list of all third parties to whom we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and would like to receive such a list, please contact us at [website]. For any such request, include the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. Please provide enough information for us to determine if this applies to you. You must also attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly or that do not have complete information.
8. NOTICE TO EUROPEAN RESIDENTS
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident, note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
9. RIGHTS OF ACCESS, RECTIFICATION, AND ERASURE
You may inquire as to whether Welly Health PBC is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to email@example.com or use any of the methods set out in this Policy to request access to, receive (port), seek rectification, or request erasure of Personal Information held about you by Welly Health PBC. Such requests will be processed in line with local laws.
Although Welly Health PBC makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Welly Health PBC is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Welly Health PBC determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Welly Health PBC will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
10. DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. You may request this at any time by contacting at firstname.lastname@example.org
The security of your Personal Information is important to us. However, no method of transfer over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information we cannot guarantee its absolute security. We are not responsible for the security of information you transmit to the Site over networks that we do not control, including the Internet and wireless networks.
Passwords, ID numbers, or other special access numbers you may use to access any part of the Site are your responsibility and you should safeguard them carefully. You should take the steps necessary to ensure the computer you are using is adequately secured and protected against malicious software. Without security measures there are risks that the data and/or passwords you use to protect access to your data on the Site could be disclosed to unauthorized third parties.
The Site is not intended for individuals under the age of children under 13 (and in certain jurisdictions under the age of 16) years of age, and no part of the Site is directed to children under the age of 13 (and in certain jurisdictions under the age of 16). If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.
14. CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
Welly Health PBC
Privacy Compliance Officer
60 S 6th St, Suite 2800
Minneapolis, MN 55402