Privacy Policy

Effective March 17, 2021 Version 1.7

Privacy Policy

Last Updated: March 17th, 2021

As a user (“you” or “your”) of our (“we,” “us,” “our,” or “Wellbeats”) services and products, including, but not limited to, the Wellbeats application and our associated website (collectively, the “Service”) we provide you with this Privacy Policy (this “Policy”), which is intended to describe in a straight-forward and easily understandable manner:

  • the information we collect about you;
  • how that information may be used;
  • with whom the information may be shared;
  • how you may update the information you provide us;
  • how you may contact us; and
  • your choices about the information.

At Wellbeats, we encourage you to read this Policy carefully.  If you have questions or concerns regarding this Policy, please feel welcome to contact us by e-mail at privacy@wellbeats.com  If you do not agree to the terms of this Policy, you must uninstall and cease usage of the Service.

This Policy is part of our Terms of Service.  If you do not agree to the practices in this Policy and our Terms of Service, do not use our Service.

Information Collected

This Policy primarily concerns Personal Information, which deals with individuals, rather than organizations or businesses. “Personal Information” uniquely identifies an individual or can identify an individual by combining it with other data. It includes financial and account information, as well as email addresses, phone numbers and other information associated with the individual. The legal name and definition of personal information differs from jurisdiction to jurisdiction. Wellbeats will not use or share Personal Information other than as described in this Policy.

We collect Personal Information about you that may include financial and account information such as your name, e-mail address, general usage metrics of the Service, your financial payment information, your fitness profile, email communication history with Wellbeats, and other information associated with you or your organization, as well as other information that may or may not specifically identify you.  The information collected on the Service may be stored at servers, computers, or other media located in the United States.

Third-Party Sources

We may obtain information about you from third-party sources, such as Google,  Apple or your employer, when applicable.  This information may be utilized, analyzed, and/or compared with information that Wellbeats has collected from you or that you have submitted to the Service. If Wellbeats obtains information from third-party sources, you agree that your sole legal remedy for any harm associated with that information is against the third-party that provided the information to us, and that you will not assert any cause of action, claim or demand against us other than requesting we delete any erroneous information.

Information Collection Technology

We may use various technologies, including “cookies” to collect information, pursuant to your use of the Service, from your electronic device about your activities using the Service.  We may collect and store non-personally identifying information through cookies, and third-parties to profile user activity and preferences.  Technical and specification information about your device and settings may be collected when you use the Service.  This information may include your Internet Protocol (“IP”) address, your browser type, operating system, access time(s), the content of previously accepted “cookies” from us, and the website address that referred you to our Services.

A cookie is data stored on your device that tracks non-personal information about you.  When using our Service, we may assign your device one or more cookies that enable us to improve the quality of our Service and to personalize your experience. Cookies allow us to automatically collect information about your activity on our Service, such as the content you access while using our Service, the links you click, and other activity you conduct while using our Service.  You may choose to modify your device setting to disable cookies or limit their use.  If you choose to disable or limit cookies, or otherwise limit your device permissions to the Service, you may experience diminished performance from the Service and/or may be prevented from using some or all features of the Service. Our cookies generally fall into one of four categories:  Essential, Functional, Analytics and Target.

Our Service may contain web beacons (also known as “clear gifs”) or similar technologies that gather non-personally identifiable information about your use of our Service.  Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed.  The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts and the quality of our Services.

Personal Information About Users Under 18 Years of Age Not Collected

The Service is meant for adults and those who have reached the age of majority as defined by the laws of their domicile. The Service is not meant for individuals under the age of eighteen (18) or those defined by the laws of their domicile as minors.  Nonetheless, this Policy is still designed to comply with the Children’s Online Privacy Protection Act (“COPPA”) to the extent COPPA applies to Wellbeats.  Accordingly, Wellbeats does not knowingly collect or retain any personal information about users under the age of 13. If information from someone under the age of 13 is found to exist, that information will be promptly deleted from our database and all other media.  Since we do not knowingly collect information from users who are under 13 years old, no such information is disclosed to third-parties.

Permissions

The following section only applies if you use one of our mobile software applications. The Software requires certain permissions on your mobile device in order to work as intended. You can either allow or deny the Software access to the permissions. In some cases it is necessary for you to grant the Software permissions to take full advantage of features or functionality of the Software. If you disallow some or all permissions, the Software may not function properly. Some of the permissions needed may include access to your device’s: camera; calendar; location; phone; sensor; SMS; and storage.  Additional permissions may be requested as new features are added in the future.

Information Use and Sharing

We may use and share your information for any legally permissible purpose. We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third-parties.  Examples of some ways we may use or share information that we collect about you include:

  • providing you with use of the Service;
  • providing you with products or services, whether from Wellbeats, or any affiliates or sponsors;
  • providing you with customized content and services;
  • providing technical or customer support;
  • performing research and analysis to gauge the use of the Service;
  • communicating with you by e-mail, postal mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you from the Wellbeats, any affiliates, sponsors or other third-parties;
  • enforcing Wellbeats’s terms and conditions, or otherwise manage its business; and
  • performing functions as otherwise described to you at the time of collection.

In order to perform certain services on your behalf, we may publish certain information that you provide.  You agree that any testimonial feedback or other comments provided by you to Wellbeats becomes its sole and exclusive property and that such information may be used for any legally permissible purpose, including, but not limited to marketing and advertising our Service.

You acknowledge and agree that Wellbeats may use and disclose your personal and non-personal information to public or private third-parties: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, any court orders; (iii) to enforce or apply the terms of this Policy or any other agreement between us; and (iv) to protect our, our users, and others’ rights, property, or safety whether during or after the term of your use of our Service.

If you are using our Service through a third party or employer that contracts with us to provide Service to you, we may also share your information with that third party or employer.

Accept as otherwise provided in this Policy, we will not sell, rent, license or trade your Personal Information to third party.

Unless otherwise provided in this Policy, we shall not disclose Personal Information you submit to us except (i) with affiliates, licensees, subsidiaries and successors, (ii) when we have your permission, or (iii) as necessary to:

  • To third parties who provide information technology services such as website hosting, computer systems maintenance, or data security and privacy services;
  • To our partners, vendors or others who help us operate the Service or assess your interest or satisfaction with the Service, our organization, or our products, provided they have contractually agreed to adhere to this Policy; or
  • To comply with our legal obligations, enforce our Terms of Service, this Policy or otherwise to protect the rights, property or safety of our users and business partners.

In addition, we may share aggregate and sell, non-individual information, incapable of identifying a particular person, with third parties for any lawful purposes.

Communications from Us

Unless you opt out of certain communication features, we may use your information to communicate with you, such as through e-mail, newsletters, and telephone.  You may opt out and/or unsubscribe to communications at any time.  See the Opt-Out Provisions and Updating Your Information section below for applicable contact information and directions.

Legal Process and Investigation Issues

From time to time, Wellbeats may be required to respond to a subpoena or similar investigative demand from law enforcement, a court order, a government agency, or a private litigant. Wellbeats reserves all rights to defend, within its sole discretion, against such legal requests, demands, and claims.  For instance, Wellbeats may raise or waive legal objections or rights. Wellbeats also reserves the right to disclose your information, as allowed by applicable law, when we believe it is reasonably appropriate based on the situation.  Such disclosure may occur, but is not limited to, disclosing your information in connection with efforts to:  investigate, prevent, or commence other actions regarding suspected illegal activity or other wrongdoing; to protect; defend the rights, property or safety of our company, our users, our employees, or others; comply with applicable law or cooperate with law enforcement; or enforce our Terms of Service or other agreements or policies.

Opt-Out Provisions and Updating Your Information

You may contact Wellbeats to review, update and correct your Personal Information.

Our emails will include a link to opt out from receiving further electronic communications from us. At places on our website where you give us your personal information, you may opt out of receiving those communications. You may also opt out of future electronic communications by contacting us as provided below.

We may need to verify your identity before providing you with Personal Information or updating it in our system.

Third Party Privacy Policies May Be Applicable

This Policy does not cover any third party’s use or handling of your information once it is shared.  Instead, the privacy policy of the third-party will govern. We encourage you to visit the websites of those third-parties and fully read and understand their privacy policies.  Some of these entities will have different privacy terms than we do and their servers may be located outside the United States.

California Privacy Rights

We will not share any personal information about you with other companies if prohibited by applicable California law or to the extent your prior consent to share is required by applicable California law.

If you are a California resident, you may have certain rights with respect to your Personal Information including the following rights:

  • the right to know, by way of our Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sole, and to whom it is being disclosed or sold;
  • the right to “opt-out” of Wellbeats’s sale of your personal information to any third parties;
  • the right, with some exceptions, to have your personal information deleted from Wellbeats’s possession or control; and
  • the right to receive equal service and pricing from Wellbeats even if you exercise any of your privacy rights.

To make such a request, or if you have any questions or concerns about your California privacy rights, our Policy or our use of your personal information, please contact us at as provided below:

Information Retention and Security

We may store your information from the time of initial submission, as well as automated personal information about you.  However, if we obtain or collect your social security number, that information will be encrypted and securely stored.

We take reasonable security measures to protect users’ information against unauthorized access, loss, alteration, or destruction.  These measures include encryption, intrusion detection, intrusion prevention, anti-malware endpoint protection and industry standard data center security measures to guard against unauthorized access to systems where we store personal information, and the usage of reputable third-party vendors.   Despite these reasonable measures, we cannot guarantee our security measures are impenetrable.  Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.

Visitors Outside the United States

This Policy is intended to cover collection of information on our Service from residents of the United States. The laws in other countries may or may not be as comprehensive as those in the United States.  If you are a resident of another country and/or are using our Service from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated.

EU Resident Rights under the GDPR

These disclosures apply only to our processing of Personal Information within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”).

The GDPR went into effect on May 25, 2018.  As a resident of the EU or EEA, you have certain rights with respect to the processing of your personal data, including:

  • Access. You have the right to know if we are processing personal data about you and, if so, to access and obtain a copy of personal data about you, as well as information relating to the processing of that data.
  • Correction. You have the right to have us promptly correct or update any personal data about you that is inaccurate or incomplete.
  • Erasure. You have the right to request deletion or erasure of your personal data in a number of circumstances as required by law, including when no longer need the personal data for the purposes for which it was collected, you have withdrawn consent or, when we are relying on legitimate interests as a legal basis, and your rights override our legitimate interests.
  • Portability. You have the right to obtain a copy of the personal data we hold about you in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where we are relying on your consent or performance of a contract as our legal basis and the processing is carried out automatically.
  • Restriction of Processing. You have the right to restrict or limit the ways in which we process your personal data when you contest the accuracy of the personal data, when your data has been obtained by us unlawfully, when you have objected to our processing of the data and we are considering whether to cease processing, or when we no longer need to process the personal data.
  • Withdrawal of Consent. When we rely on consent as the basis for processing personal data, you have the right to withdraw your consent.
  • Objection. You have the right to object to our processing of your personal data when we are relying on legitimate interests as our legal basis and your rights override our legitimate interests in processing their personal data. You also have the right to object to our processing of your personal data for direct marketing purposes.
  • Complaint. You have the right to make a complaint about our personal data handling practices to your local Supervisory Authority.

Privacy Policy Updates and Revisions

This Policy may be updated from time to time.  We reserve the right to modify the Policy at any time without notice, so please review the Policy frequently.  When changes are made to this Policy, we will revise the “last updated” date at the bottom of this Policy.  If we make any material changes in the way we collect, use, and/or share your personal information, we will also post notice of the changes on the Service and/or may notify you by sending an e-mail to the e-mail address you most recently provided us in your account.  Your continued use of our Service after we have posted any Policy changes indicates your agreement to the changes unless you notify us otherwise.

If you wish to retain a copy of this Privacy Policy, you should print a copy or save a copy for your records.

Terms of This Policy Survive

If any terms of this Policy are held invalid and/or unenforceable by a court of law or a competent jurisdiction, the remaining provisions of this Policy shall remain in full force and effect.

Limitations

Wellbeats is not a financial institution or other entity required by law to adopt or publish this Policy or any other privacy policy. The adoption or publication of this Policy does not subject Wellbeats to any stricter duty in its collection, handling, storage and disclosure of nonpublic information than otherwise applies to Wellbeats under applicable law.  No person or entity shall have any right or recourse against Wellbeats, its affiliates, agents, sponsors, or other related parties based on any alleged violation or noncompliance with this Policy.

Contact Us:

Contact Wellbeats at privacy@wellbeats.com by calling 855-520-7500, Monday through Friday 9am to 5pm central standard time or by writing to us at:

Wellbeats, Inc.

Attention: Data Privacy Officer

1660 South Hwy 100

Suite 590

St Louis Park, MN 55416

USA

On any email or postal letter you send, please include “Privacy” in the subject line.

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