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Privacy Policy

Last updated: October 1, 2026

PRIVACY POLICY

This Privacy Policy (“Policy”) of Momday, LLC, a Delaware limited liability company (“our,” “us,” or “we”), applies to each individual from whom we receive personal information or a communication (“you” or “your”). This Policy relates to our Terms of Use, which incorporate this Policy.

The full view of this Policy is provided below. For your convenience, you may use the following links to go directly to the different sections of this Policy:

INTRODUCTION

  • Scope
  • We Are Not a Healthcare Provider
  • Meaning of “Share” and Other Words
  • Updates

HOW WE COLLECT PERSONAL INFORMATION

  • Through Our Environment
  • Automatically Through Tracking Technologies

OUR NOTICES TO YOU

  • Categories of Personal Information
  • Categories of Receivers of Personal Information
  • Categories of Sources of Personal Information
  • Our Business Purposes
  • Explanation of Your Personal Information Rights
  • Methods to Submit Requests and Appeals

OUR NOTICES REGARDING CERTAIN JURISDICTIONS

  • California Consumer Privacy Act
  • California Online Privacy Protection Act
  • California Shine the Light Law
  • United States Federal Laws
  • Europe

CONSUMER HEALTH DATA PRIVACY

  • Our Consumer Health Data Notices
  • Collection to Provide Products/Services
  • Your Consent for Our Collection and Use
  • Your Consent for Our Disclosure

TRACKING TECHNOLOGIES

  • Trackers
  • How to Change Tracker Settings
  • Our Territorial Settings

YOUR ADDITIONAL CONSENTS

  • Tracking
  • Sensitive Personal Information
  • Written Communications
  • Conversations
  • Other

MISCELLANEOUS

  • Leaving Our Environment
  • Marketing Communications
  • Transfers of Personal Information to Non-United States Territories
  • Deidentified Information
  • User Terms
  • Law Enforcement and Legal Claims
  • Definitions

1. INTRODUCTION

1.1 Scope. The purpose of this Policy is to provide an explanation of how we collect and use personal information as well as other details about our information practices. You accept this Policy by using this website or otherwise providing personal information to us.

1.2 We Are Not a Healthcare Provider. We are not a healthcare provider, nor are we a “covered entity” or “business associate,” as such terms are defined under the regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) (collectively, the “HIPAA Rules”). Therefore, the HIPAA Rules do not apply to our receipt, use, processing, or disclosure of your consumer health data or any other personal information.

1.3 Meaning of “Share” and Other Words

  1. “Share.” The California Consumer Privacy Act and its regulations (collectively, the “CCPA”) may or may not apply to the personal information we collect from you. According to the CCPA, the word “share” generally means to provide personal information to a third party for the purpose of cross-context behavioral advertising. Since this definition of “share” is quite different from the ordinary meaning of this word, we placed this word in quotations (shown as “share”) throughout this Policy for better understanding.

  1. Other Defined Terms. In this Policy, we use certain words that have specific meanings, such as “ADMT,” “automated profiling,” “consumer health data,” “corporate affiliate,” “offering,” “personal information,” “precise geolocation,” “process,” “sensitive personal information,” “sell,” “share,” “significant decision,” and “targeted advertising,” among other words. For the full list of words and definitions, please see the Definitions at the end of this Policy.

1.4 Updates. We may update this Policy from time to time, so please review this Policy webpage periodically.

2. HOW WE COLLECT PERSONAL INFORMATION

2.1 Through Our Environment. The following is a list of the resources and property that we and our affiliates may use to collect your personal information, which, depending on the nature of your interactions with us, may not include all of the examples listed below (collectively, our “Environment”):

  1. The website displaying this Policy, including any online accounts, online platforms, software-as-a-service solutions, web-based apps, web portals, chatbot systems, virtual assistant systems, and other web resources that we implement as part of or in connection with this website (collectively, our “Website”).

  • The mobile apps provided or operated by us or our affiliates (collectively, our “Apps”).

  1. Any social channels used by us or our affiliates to collect your personal information.

  1. Any phone systems or video-conferencing systems used by us or our affiliates to collect your personal information.

  1. Any writing materials or computing devices (e.g., terminals, computers, tablets, and smartphones) used by us or our affiliates to collect your personal information during or following any in-person meeting or interaction with you. 

2.2 Automatically Through Tracking Technologies. Depending upon your location, our Website and Apps may use tracking technologies to automatically collect or process certain types of personal information. These technologies may be out of view or beneath your screen. For more details, please see Tracking Technologies.

3. OUR NOTICES TO YOU

3.1 Categories of Personal Information. The following is a list of the categories of personal information that we collect or process:

  1. Identifiers Category: identifiers, such as a name, alias, address, telephone number, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, state identification card number, passport number, insurance policy number, or other similar identifiers, such as signature. The foregoing includes the identifier types described in § 1798.80(e) of the California Civil Code.

  1. Protected-Class Category: characteristics of protected classifications of individuals under applicable state or federal law.

  1. Commercial Category: commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  1. Network Activity Category: internet and other electronic network activity information, including browsing history, search history, and information regarding an individual’s interaction with an internet website application, or advertisement.

  1. Geolocation Category: geolocation data (other than precise geolocation) that may be based on, associated with, or derived from an Internet Protocol (IP) address.

  1. Audiovisual Category: audio, electronic, visual, and similar information.

  1. Professional/Employment Category: professional and employment-related information, including employment history.

  1. Education Category: education history or “education information,” defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99).

  1. Inference-Profile Category: inferences drawn from any of the categories listed in this section to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  1. Financial Category: financial information, such as bank account number, credit card number, and debit card number.

  1. Health Category: health information, including the following categories of consumer health data:
    1. Estimated date of delivery for childbirth (i.e., due date), including the month, day, and year
    2. Delivery date of childbirth, including the month, day, and year
    3. Delivery type of childbirth, including the type, “vaginal” or “cesarean”
    4. Status of clearance by a healthcare provider for exercise, including a yes/not yet answer
    5. Recovery stage, including rehabilitation stage or building stage
    6. Activity data (i.e., active energy)
    7. Exercise data (i.e., workouts)
    8. Heart rate data, including heart rate zones and average heart rate
    9. Calories
    10. Dumbbell weight

  1. Physical-Characteristics Category: physical characteristics and physical description.

3.2 Categories of Receivers of Personal Information. In each of the categories of personal information listed above, we may disclose your personal information to the following third-party receivers:

  1. Suppliers of Technology Resources – third parties that provide software, software-as-a-service, or other technology resources that are part of or connected to our Environment.

  1. Contractors – third parties that provide, lease, or license products, services, data centers, or other facilities to us, such as customer support providers, payment processing consultants, order fulfillment contractors, product developers, event managers, information technology consultants, cyber security advisors, computer programmers, business advisors, auditors, accountants, and attorneys. 

  1. Corporate Affiliates – third parties that control us, that we control, or that are under common control with us, such as our parents, subsidiaries and sister entities.

  1. Legal Authorities – legal authorities, such as courts, judicial authorities, law enforcement authorities, or governmental authorities (including federal, state, or local authorities) involved in or relating to any civil, criminal, or regulatory inquiry, investigation, search warrant, subpoena, summons, order, injunction, or mandate issued by any such legal authority.

  1. Your Chosen Receivers – third parties to whom you direct or authorize us to disclose your personal information, including: (a) any data repositories that you license or lease from third parties and connect to our Apps; and (b) any providers of social media platforms where you decide to publicly post your personal information.

3.3 Categories of Sources of Personal Information. For each of the categories of personal information listed above, we may obtain your personal information from the following categories of sources:

  1. You – You may send us your personal information when you use our offerings or Environment. For example, you may provide your personal information to us by phone, email, text message, online form submission, chatbot or virtual assistant messaging, in-person discussion, or other communications.

  1. Your Devices – We may pull your personal information from your devices and browsers through Trackers, as described in Tracking Technologies.

  1. Our Affiliates – Our affiliates may collect your personal information for our Business Purposes (defined below).

  1. Public Sources – To the extent permitted by applicable law, we may collect your personal information from publicly accessible sources of information, including publishers of public records, news media, and online content.

3.4 Our Business Purposes. In each of the categories of personal information listed above, we may collect, process, use, or disclose your personal information for the following purposes as well as our operational purposes or other purposes described in our notices to you, provided that our use of your personal information is necessary and proportionate to achieve the purpose for which we collected or processed your personal information or for another purpose that is compatible with the context in which we collected or processed your personal information (collectively, our “Business Purposes”):

  1. Quality and Safety – undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, or to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

  1. Security – helping to ensure security and integrity to the extent the use of your personal information is reasonably necessary and proportionate for these purposes.

  1. Services – performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf.

  1. Short-Term Use – short-term, transient use, including non-personalized advertising shown as part of your current interaction with us, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.

  1. Incident Investigation – preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information.

  1. Resistance to Illegal Action – resisting malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for those actions.

  1. Physical Safety – ensuring the physical safety of natural persons.

  1. Non-Inference – a purpose other than inferring characteristics about you that involves any collection or processing of your sensitive personal information.

  1. Auditing – auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.

  1. Debugging – debugging to identify and repair errors that impair existing intended functionality.

  1. Marketing – providing advertising and marketing services (except targeted advertising) to you provided that, for the purpose of advertising and marketing, we will not combine the personal information of opted-out individuals that we collect with personal information that we collect from another person or that we collect from our own interaction with individuals.

  1. Internal Research – undertaking internal research for technological development and demonstration.

3.5 Explanation of Your Personal Information Rights

To the extent granted to you under applicable law, you have the rights described below in this section:

  1. Right to Know – the right to request that we disclose the following to you:

    1. Confirmation – whether we are collecting, using, storing, disclosing, analyzing, deleting, modifying, or otherwise processing your personal information.
    2. Categories of Personal Information – the categories of your personal information that we have collected or processed.
    3. Categories of Receivers – the categories of third parties to whom we have disclosed your personal information.
    4. Categories of Sources – the categories of sources from which we have collected your personal information.
    5. Categories of Sales/Sharing – the categories of any of your personal information that we have sold to third parties or “shared” with third parties. 
    6. Categories of Third Parties Involved in Sales/Sharing – the categories of any third parties to whom we have sold or with whom we have “shared” your personal information.
    7. Purpose – our business or commercial purpose for doing any of the following activities: collecting your personal information, selling it, “sharing” it, or processing it for targeted advertising.
    8. Portability/Access – the specific pieces of personal information that we have collected about you, which may be requested in a portable, and to the extent technically feasible, readily usable format that enables you to transmit the personal information to another entity without hindrance.

  1. Right to Request Deletion – the right to request that we delete your personal information that we have collected.

  1. Right to Request Correction – the right to request that we correct any inaccurate personal information about you that we maintain.

  1. Right to Opt Out & Withdraw Consent – the right, at any time, to take the following steps:

    1. Direct any business not to sell your personal information.
    2. Direct any business not to “share” or process your personal information for targeted advertising purposes.
    3. Opt out of or otherwise withdraw your consent for any processing of your sensitive personal information.
    4. Opt out of automated profiling for advertising. 
    5. Opt out of automated profiling conducted in furtherance of decisions that produce legal or similarly significant effects concerning you.

  1. Right of Non-Discrimination and Non-Retaliation – the right to be free of discrimination and retaliation related to your exercise of any of your rights provided in this Policy or otherwise under applicable law, including your exercise of these rights in your role as an applicant for an education program, a job applicant, a student, an employee, or an independent contractor. You understand that, as permitted by applicable law, we may provide you with a price, rate, level, or quality of offerings that differs from what we offer to other individuals if that price or difference is reasonably related to the value that we receive, if any, based on your data.

  1. Right to Authorize an Agent – the right to authorize another person to provide us with your requests in your exercise of the rights described above.

3.6 Methods to Submit Requests and Appeals

To exercise your rights described above or within Our Notices Regarding Certain Jurisdictions, you may provide your request or appeal to us by using any of the following methods:

  1. Completing and submitting our webform.

  1. Sending your writing to the following address:

Momday, LLC

PMB 570

1151 Walker Road, Suite 100

Dover, Delaware 19904

For certain requests, we may require identity verification in accordance with applicable law.

4. OUR NOTICES REGARDING CERTAIN JURISDICTIONS

4.1 California Consumer Privacy Act. To the extent that we are subject to the CCPA, we provide California residents with the notices provided below.

  1. Rights. See Explanation of Your Personal Information Rights for a description of California residents’ rights. Also, California residents have the following rights relating to the use of automated decision-making technology (ADMT), as defined at the end of this Policy:

    1. Right to Opt Out of ADMT. If you are a California resident, you have the right to opt out of a business’s use of ADMT to make a significant decision involving you unless the business:
      1. provides you with a method to appeal the decision in accordance with the CCPA;
      2. uses the ADMT solely to assess your ability to perform at work or in an educational program, as provided in the CCPA; or
      3. uses the ADMT solely for the business’s allocation/assignment of work or compensation, as provided in the CCPA.
    2. Right to Access ADMT. If you are a California resident, and a business uses ADMT to make a significant decision involving you, you have the right to access the ADMT by using the method of disclosure or access provided by the business in accordance with the CCPA.

  1. Request Methods. See Methods to Submit Requests and Appeals for at least two methods for submitting requests.

  1. Collected Personal Information. See Categories of Personal Information for a list of the categories of personal information we have collected about individuals (some of whom could be California residents) in the preceding 12 months.

  1. Sources of Personal Information. See Categories of Sources of Personal Information for a list of the categories of the sources that provide us with personal information of individuals, some of whom could be California residents. 

  1. Business/Commercial Purpose. See Our Business Purposes for information regarding our business or commercial purpose for our collection and “sharing” of personal information of individuals, some of whom could be California residents.

  1. 12-Month Notices

    1. No Sale. We do not sell personal information, and we have not sold personal information (including sensitive personal information) in the preceding 12 months.

    1. Shared. See Categories of Personal Information for a list of the categories of personal information of individuals (some of whom could be California residents) that we have “shared” in the preceding 12 months. You may click the link, Your Privacy Choices to opt out of our “sharing” of your personal information. In addition, our Environment is designed to respond to opt-out preference signals, so you may opt out of our “sharing” of your personal information by using a platform, technology, or mechanism that provides our Environment with an opt-out preference signal. The Website is designed to graphically confirm whether our Environment has successfully processed your opt-out preference signal as a valid request by displaying, for example, “Opt-Out Request Honored” or another indicator.

    1. Disclosed. See Categories of Personal Information for a list of the categories of personal information of individuals (some of whom could be California residents) that we have disclosed to a service provider or contractor in the preceding 12 months to the extent we determined necessary or important for a Business Purpose.

  1. Age. We have no actual knowledge of selling or “sharing” personal information of California residents under 16 years of age.

  1. Sensitive Personal Information.

    1. Categories of Sensitive Personal Information. We collect sensitive personal information in accordance with applicable law from individuals (some of whom could be California residents) within the following categories:

      1. Personal information that reveals:
        1. An individual’s social security, driver’s license, state identification card, or passport number.
        2. An individual’s racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership.
      2. Personal information collected and analyzed concerning an individual’s health, sex life, or sexual orientation.

    1. Purposes for Use and Disclosure of Sensitive Personal Information. We do not use or disclose sensitive personal information of California residents for purposes other than those that are reasonably necessary and proportionate as provided under the CCPA, including the following:

      1. Our purposes that are necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

      1. Our purposes of quality and safety, security, services, short-term use, incident investigation, resistance to illegal action, physical safety, and non-inference, as described in Our Business Purposes. 

    1. Right to Limit Use/Disclosure of Sensitive Personal Information. As a California resident, you have the right, at any time, to direct any business that collects your sensitive personal information to limit its use of your sensitive personal information to the extent permitted by the CCPA.

4.2 California Online Privacy Protection Act. You might decide to adjust your browser settings or install a browser widget to automatically send a preference signal (e.g., a “Do Not Track” signal or a Global Privacy Control opt-out signal) to websites that you visit. If you are a California resident, you may have the right to know how a commercial website operator responds to browser preference signals according to California Business and Professional Code Sections 22575-22579, a California law also known as the California Online Privacy Protection Act. To the extent required by such Act or applicable law, we will respond to browser preference signals.

4.3 California Shine the Light Law. Under California Civil Code Section 1798.83 (a California law also known as Information-Sharing Disclosure, Shine the Light), if you are a California resident and your business relationship with us is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of your personal information to third parties for their direct marketing purposes. To make such a request, please use one of the methods described in Methods to Submit Requests and Appeals. You may make this request up to once per calendar year. In accordance with this California law, you have the right to receive, by email, the following details: a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, the third parties’ names and addresses, and any other information required by this law.

4.4 United States Federal Laws. We may enter into a contract with you (or engage in a transaction with you) that involves our receipt of information from you that is governed or regulated by federal laws and regulations of the United States. Nothing in this Policy will eliminate or decrease any of our obligations under these federal laws. In the event of a conflict between any part of this Policy and any requirements of these federal laws, the requirements of the federal laws will control.

4.5 Europe. If our activities bring us within the scope of the European General Data Protection Regulation ((EU) 2016/679)) (the “GDPR”), we provide data subjects under the GDPR with this Policy, including the following notices:

  • Controller and Contact Details. For purposes of the GDPR, we are the “controller” of your personal information. See Methods to Submit Requests and Appeals for our contact information.

  • Data Protection Officer. To contact our Data Protection Officer, you may use the following contact information: dpo@momday.com.

  • Categories of Personal Information. See Categories of Personal Information for a description of the categories of personal information that we collect.

  • Receivers of Personal Information. See Categories of Receivers of Personal Information for a description of the categories of receivers to whom we disclose your personal information.

  • Purposes of Processing. See Our Business Purposes for a description of our purposes for processing your personal information.

  • Your Rights. Subject to applicable law and any applicable exemptions, you may have the right to: (a) request access to your personal information; (b) request rectification of inaccurate or incomplete personal information; (c) request erasure of your personal information; (d) request restriction of processing; (e) request data portability; and (f) object to processing of your personal information, including where we process your personal information based on legitimate interests or for direct marketing. You may also have the right not to be subject to certain decisions based solely on automated processing (including automated profiling) if such decisions produce legal effects concerning you or similarly significantly affect you. You may exercise your rights by using the methods described in the section, Methods to Submit Requests and Appeals.

  • Requirement to Provide Personal Information. If we request personal information, providing it may be required or necessary for us to (a) provide you with our services or other offerings, including enabling you to fully use our Environment, (b) respond to your requests, or (c) comply with legal obligations. If you choose not to provide certain personal information, we may be unable to provide certain functionality, respond to your request, or provide certain services or other offerings.

  • Legal Bases for Processing. We may process your personal information as follows:

    • Upon your consent for us to process your personal information for one or more specific purposes. If we rely on your consent, you may withdraw your consent at any time as described in this Policy. Your withdrawal will not affect the lawfulness of processing your personal information before your withdrawal.

    • As necessary for us to process your personal information to perform a contract to which you are a party or to take steps at your request before entering into a contract.

    • As necessary for us to process your personal information to comply with a legal obligation to which we are subject.

    • As necessary for us to process your personal information for purposes of our legitimate interests pursued by us or a third party (which includes our Business Purposes), except where the interests are overridden by your interests or fundamental rights and freedoms require protection of personal information, particularly if you are a child. If we rely on legitimate interests, those interests may include: (a) operating, maintaining, securing, and improving our Environment; (b) preventing fraud and misuse; and (c) conducting internal administrative and business operations consistent with this Policy.

    • As otherwise permitted under the GDPR and applicable local law, including as necessary to protect vital interests and, as applicable, for conducting processing in the public interest.

  • Retention. We retain personal information for as long as reasonably necessary for the purposes described in this Policy, unless a longer retention period is required or permitted by applicable law, required to establish, exercise, or defend legal claims, or otherwise necessary for our legitimate business needs.

  • International Transfers. If we transfer your personal information from your country of residence in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA+”) to the United States or another country outside of the EEA+, we will take steps to satisfy the legal requirements that apply to such transfer, as set forth in the GDPR or other applicable European law. You may request information regarding such steps using the contact methods described in the section, Methods to Submit Requests and Appeals.

  • Supervisory Authority. If you have any concerns regarding our processing of your personal information, the GDPR provides you with the right to lodge a complaint with the supervisory authority established for your location in the EEA+.

5. CONSUMER HEALTH DATA PRIVACY

5.1 Our Consumer Health Data Notices. To the extent that we are subject to the Washington My Health My Data Act of the State of Washington, the State of Nevada’s consumer health data privacy law (SB 370), or any similar consumer health data law (collectively, the “Consumer Health Data Laws”), we provide you with the following notices:

  • Categories of Consumer Health Data. For a description of the categories of consumer health data that we collect and process, see the Health Category subsection in the Categories of Personal Information section of Our Notices to You.

  • Purposes of Collection and Processing. See Our Business Purposes for a description of our purposes for collecting and processing your consumer health data. For clarity, we do not use consumer health data for purposes of “sharing” or targeted advertising.

  • Manner of Use of Consumer Health Data. We operate the Apps that you use to collect, track, and generate consumer health data for you.

  • Categories of Sources of Consumer Health Data. See Categories of Sources of Personal Information for a description of the categories of the sources of the consumer health data that we receive and process.

  • Categories of Disclosed Consumer Health Data. For a description of the categories of consumer health data that we disclose and provide to our affiliates, see the Health Category subsection in the Categories of Personal Information section of Our Notices to You.

  • Categories of Receivers of Consumer Health Data. See Categories of Receivers of Personal Information for a description of the categories of the third parties and affiliates to whom we disclose and provide consumer health data. This description does not list any specific corporate affiliate because no corporate affiliate receives consumer health data from us.

  • Methods to Exercise Rights and Submit Requests. See Methods to Submit Requests and Appeals for our contact information, which you may use to provide requests and exercise your rights under the Consumer Health Data Laws.

5.2 Collection to Provide Products/Services. In accordance with the applicable Consumer Health Data Laws, we may collect your consumer health data to the extent necessary to provide any offering that you have requested from us.

5.3 Your Consent for Our Collection and Use. By accepting this Policy, using any offering, allowing us to collect your consumer health data, or providing your consumer health data to us, whichever occurs first:

  • you confirm that you have read and understand the consumer health data notices provided above; and

  • you provide your consent for us to receive, collect, process, and use your consumer health data as described in this Policy.

5.4 Your Consent for Our Disclosure. By accepting this Policy, using any offering, allowing us to collect your consumer health data, or providing your consumer health data to us, whichever occurs first:

  • you confirm that you have read and understand the consumer health data notices provided above;

  • you provide your consent for us to disclose and provide your consumer health data to third parties (including our affiliates) as described in this Policy; and

  • you provide your consent for the third parties (including our affiliates) to receive, collect, process, and use your consumer health data as described in this Policy.

6. TRACKING TECHNOLOGIES

6.1 Trackers. There are software-related and hardware-related technologies that involve the use of trackers to monitor or track activity (“Trackers”). Some Trackers include small data files (e.g., cookies) that websites may store in the web browser of your device, such as your computer, smartphone tablet, electronic watch, electronic ring, or other electronic, wearable device. Other types of Trackers include small, transparent images (e.g., pixels) that may be embedded within the graphics of a webpage, mobile app screen, or email. Yet other types of Trackers include tiny electronic sensors incorporated into your devices, such as sensors that detect and track motion, temperature, light, and electrical signals.

6.1.1 Essential Trackers. Depending upon your location and in accordance with applicable law, we may use essential Trackers, such as essential cookies (sometimes referred to as “necessary cookies” or “strictly necessary cookies”), for one or more of the following purposes: (a) to perform a contract to which you are a party; (b) to take steps at your request before entering into a contract; and (c) to process your personal information as necessary for purposes of our legitimate interests. These purposes may include, for example, our use of essential Trackers for the following functions:

  • To save pieces of information you have entered during online transactions at our Website, such as items you have added to a shopping cart, as well as names, addresses, usernames, passwords, and other text you have entered into forms on our Website. 

  • To verify whether you are logged-in to an account on our Website for authentication and security purposes.

  • To operate with adequate security, speed, and electronic performance.

6.1.2 Non-Essential Trackers. Also, depending upon your location, we may use non-essential Trackers, such as non-essential cookies (sometimes referred to as “marketing cookies,” “advertising cookies,” “functional cookies,” “performance cookies,” “targeting cookies,” “analytics cookies,” or “customization cookies”). We may use these non-essential Trackers for our Business Purposes, including studying how you interact with our Website and spend time viewing particular content on our Website. For example, we may use non-essential Trackers to record your browsing history, such as the particular buttons you have clicked and the particular webpages you have visited. This helps us personalize your experience, improve our Website, enhance our offerings, and identify new offerings that may be in demand.

6.2 How to Change Tracker Settings.

6.2.1 Our Website. There are several ways for you to stop or limit our use of certain types of Trackers. If there is a hyperlink on our Website relating to your privacy choices, privacy preferences, or cookie settings, you may use the hyperlink to disable certain types of Trackers. Also, you may use your web browser’s settings to disable, limit, or delete certain Trackers. Please keep in mind, however, that our Website may not work fully or properly if you disable, limit, or delete Trackers.

6.2.2 Our Apps. Our Apps have tracking features designed to operate with the Trackers in your devices to automatically: (a) track and monitor your movements, behavior, health metrics, vitals, location, image, sounds, or vocals; (b) track and monitor the location or activity of your devices; and (c) perform electronic monitoring, tracking, and surveillance of you or your devices. You have control over the tracking settings for these tracking features. You may keep or change these tracking settings in several ways, including the following methods:

  • If, by default, any App’s tracking feature is set to “on” or activated, the App will provide you with the opportunity to keep this setting or change this setting to an “off” or deactivated before you use the App for health or fitness purposes. 

  • You may input a selection or command into any App or your device that indicates your decision to keep on, turn on, activate, keep off, turn off, or deactivate any desired tracking feature. For example, you may turn on a tracking feature by tapping “yes” to a popup message displayed by any App, or you may toggle the setting for certain tracking features from “off” to “on,” or from “on” to “off.”

  • To end all tracking by any App, you may complete the app removal procedures established by the relevant app store (e.g., the App Store™ of Apple Inc. or the Google Play™ store of Google LLC, as applicable), including properly using the settings in your app store account and your devices to delete the App and completely remove the App from all of your devices.

6.3 Our Territorial Settings. We may configure certain Trackers so that they do not track or monitor individuals in certain jurisdictions or territories.

7. YOUR ADDITIONAL CONSENTS

7.1 Tracking. By keeping activated or activating the App tracking features described in Tracking Technologies, you hereby provide your consent for us to:

  • use the tracking features and, in doing so, to receive, collect, process, generate, and use your personal information as described in this Policy; and

  • disclose and provide this personal information to the third parties described in Categories of Receivers of Personal Information, as described in this Policy.

7.2 Sensitive Personal Information. Our Environment may include various forms and mechanisms that enable you to enter, upload, or transmit personal information to us. Please do not use our Environment to provide your sensitive personal information to us unless we expressly ask you to do so. By accepting this Policy, using any offering, or providing your sensitive personal information to us, whichever occurs first:

  • you provide your consent for us to receive, collect, process, and use your sensitive personal information to provide our offerings to you, as described in this Policy; 

  • you provide your consent for us to disclose and provide your sensitive personal information to third parties (including our affiliates) to provide our offerings to you, as described in this Policy; and

  • you provide your consent for third parties (including our affiliates) to receive, collect, process, and use your sensitive personal information to provide our offerings to you as described in this Policy.

7.3 Written Communications. If you use our Environment to provide us with any written communications (including your messages, emails, mail, or reports) doing so will be your consent for us to carry out the following steps for our Business Purposes in accordance with applicable law:

  • receive, use, and process the communications; and

  • disclose the written communications to our affiliates and the third parties described in the section, Categories of Receivers of Personal Information.

7.4 Conversations. We may obtain your consent to record any telephonic or telegraphic communication with us (including your conversation with us) before the recording begins. If you provide such consent, you also provide your consent for us to carry out the following steps for our Business Purposes in accordance with applicable law:

  • receive, use, and process the recorded contents of the telephonic or telegraphic communication; and

  • disclose the recorded contents to our affiliates and the third parties described in the section, Categories of Receivers of Personal Information.

7.5 Other. By using our Environment, you confirm that you have fully reviewed this Policy, and you consent to our activities and practices as described in this Policy (including our use of Trackers) in accordance with applicable law.

8. MISCELLANEOUS

8.1 Leaving Our Environment. Our Website may provide buttons or hyperlinks that enable you to leave our Website and connect with platforms controlled by third parties, such as third-party websites, social media platforms, and mobile apps. By clicking and using these buttons and hyperlinks, you may leave our Website, which may enable the applicable third party to collect, use, and disclose your personal information. We do not control these third-party platforms, and they are not part of our Environment. We encourage you to review the privacy policies of these third-party platforms and exercise caution before providing your personal information to them.

8.2 Marketing Communications.

8.2.1 Emails. We and our affiliates may send marketing emails to you in accordance with applicable law. To opt out of our marketing emails, you may click the unsubscribe link, opt-out link, or other opt-out mechanism in our marketing emails.

8.2.2 Phone Calls and Text Messages.

  • Consent. Our Environment may provide you with the opportunity to consent to receive marketing text messages and telemarketing calls (including calls and text messages made with an autodialer or prerecorded voice message) from us or our affiliates. You understand that you are not required to provide your consent as a condition of purchasing any goods or services from us. Your consent, if given, will remain in effect until you withdraw your consent as described below. Depending on your cellular service carrier, your carrier might charge you certain message or data fees related to our text messages.

  • Withdrawing Consent. To withdraw your consent to receive marketing text messages or telemarketing calls, you may use any reasonable method to clearly express your desire not to receive the marketing text messages or telemarketing calls, including, as applicable: (a) using the opt-out link or opt-out mechanism in our text messages, (b) replying to our text messages with the word, “stop,” “quit,” “end,” “revoke,” “cancel” or “unsubscribe” if your reply reasonably conveys a request to revoke consent, (c) verbally withdrawing your consent during a phone call with a representative of us or our affiliate, or (d) making the appropriate keypress provided by our phone system.

8.2.3 Non-Marketing Communications. Even if you withdraw your consent or otherwise opt out to receiving our marketing communications, we may continue to send you non-marketing communications related to any offerings and contractual obligations that we still owe to you.

8.3 Transfers of Personal Information to Non-United States Territories. Unless prohibited by applicable laws or our contractual obligations, we may transfer your personal information from the United States to any other country, where it may be stored and processed for the uses described in this Policy.

8.4 Deidentified Information. With respect to any deidentified information derived from your personal information, we retain the right to collect, process, use, store, sell, disclose, and distribute the deidentified information in accordance with applicable laws. If we exercise this right, we will maintain and use the deidentified information and will not attempt to reidentify it, with the exception that we may reidentify the information only to determine whether our deidentification processes satisfy the requirements of applicable laws.

8.5 User Terms. If we collect personal information through any web portal or mobile app that we own or operate, and the portal or app provides a hyperlink to any user terms (e.g., end-user terms or license terms), please carefully review the user terms to understand how the portal or app collects and uses personal information.

8.6 Law Enforcement and Legal Claims. Nothing in this Policy will prevent or restrict us from:

  • Complying with federal, state, or local laws, or complying with a court order or subpoena to provide information.

  • Complying with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.

  • Cooperating with law enforcement agencies concerning conduct or activity that we or our affiliates or associates reasonably and in good faith believe may violate federal, state, or local law.

  • Cooperating with a government agency request for emergency access to your personal information if a natural person is at risk or in danger of death or serious physical injury, provided that: (a) the request is approved by a high-ranking agency officer for emergency access to your personal information; (b) the request is based on the agency’s good faith determination that it has a lawful basis to access the information on a nonemergency basis; and (c) the agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.

  • Exercising or defending legal claims.

  • Using or disclosing your personal information for the purposes listed above.

8.7 Definitions. In this Policy, we use the words and phrases “including,” “includes,” “such as” and “e.g.” in a non-limiting fashion, and the following terms (whether used in capitalized or lowercase form) will have the following meanings given to them: 

“ADMT” or “automated decision-making technology” means any technology that processes personal information and uses computation to replace human decision-making or substantially replace human decision-making. For purposes of this definition, to “substantially replace human decision-making” means a business uses the technology’s output to make a decision without human involvement. Human involvement requires the human reviewer to: (a) know how to interpret and use the technology’s output to make the decision; (b) review and analyze the output of the technology, and any other information that is relevant to make or change the decision; and (c) have the authority to make or change the decision based on such analysis. ADMT includes automated profiling. ADMT does not include web hosting, domain registration, networking, caching, website-loading, data storage, firewalls, anti-virus, anti-malware, spam- and robocall-filtering, spellchecking, calculators, databases, and spreadsheets, provided that they do not replace human decision-making.

“affiliates” means our third-party technology suppliers, contractors, corporate affiliates, service providers, processors, vendors, licensors, lessors, and other third parties with whom we have a business relationship.

“automated profiling” (referred to in some jurisdictions as “profiling”) means any form of automated processing of personal information to evaluate, analyze, or predict personal aspects concerning any identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“biometric information” means an individual’s physiological, biological, or behavioral characteristics (including information pertaining to an individual’s deoxyribonucleic acid (DNA)), that is used or is intended to be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes: (a) imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted; (b) keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information; and (c) information based on an individual’s retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, which is used to identify the individual, excluding any item of such information that is not deemed biometric information according to specific exclusions set forth in applicable law.

“business” means a sole proprietorship, partnership, limited liability company, corporation, association, person other than a consumer, or other legal entity.

“consumer” (referred to in some jurisdictions as “data subject”) means a natural person.

“consumer health data” has the meaning provided for such term by the applicable law in your jurisdiction. If you reside in the State of Washington, “consumer health data” means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status, subject to certain exclusions. If you reside in the State of Nevada, “consumer health data” means personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer, subject to certain exclusions.

“corporate affiliate” means a legal entity that shares common branding with another legal entity and controls, is controlled by, or is under common control with another legal entity. For the purposes of this definition, “control” or “controlled” means: (a) ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; (b) control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or (c) the power to exercise controlling influence over the management of a company.

“deidentified” (referred to in some jurisdictions as “pseudonymized”) means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer, provided that the business that possesses the information satisfies the requirements of applicable law related to the use of deidentified information.

“offerings” means any products and services that we provide, including our control and operation of our Apps for you and our provision of App-related services to you.

“personal information” (referred to in some jurisdictions as “personal data”) means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, but personal information does not include: (a) publicly available information as defined or characterized by applicable law; (b) lawfully obtained, truthful information that is a matter of public concern; or (c) consumer information that is deidentified.

“precise geolocation” (referred to in some jurisdictions as “precise geolocation data”) will have the meaning given to such term under the applicable law of your jurisdiction. By way of a non-limiting example, (a) the applicable law of certain jurisdictions define such term as any data that is derived from a device and that is used or intended to be used to locate an individual within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by applicable law, and (b) the applicable law of other jurisdictions define such term as information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet, excluding the content of communications, or any data generated by or connected to advanced utility metering infrastructure systems or equipment used by a utility.

“process” or “processing” means any operation or set of operations performed, whether by manual or automated means, on personal information or on sets of personal information, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal information.

“security and integrity” means the ability of: (a) networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information; (b) businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions; and (c) businesses to ensure the physical safety of natural persons.

“sell,” “selling,” “sale,” or “sold’’ means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration, excluding any of the foregoing activities that are not deemed to be a sale according to specific exclusions set forth in applicable law.

“sensitive personal information” means: (a) personal information that reveals: (i) a consumer’s social security, driver’s license, state identification card, or passport number; (ii) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (iii) a consumer’s precise geolocation; (iv) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (v) the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; (vi) a consumer’s genetic data; or (vii) a consumer’s neural data, which means information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from nonneural information; (b) the processing of biometric information for the purpose of uniquely identifying a consumer; (c) personal information collected and analyzed concerning a consumer’s health, sex life or sexual orientation; and (d) personal information of consumers that the business has actual knowledge are less than 16 years of age. A business that willfully disregards the consumer’s age shall be deemed to have had actual knowledge of the consumer’s age. Sensitive personal information that is “publicly available” (as described above) will not be considered sensitive personal information or personal information.

“share,” “shared,” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for targeted advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for targeted advertising for the benefit of a business in which no money is exchanged.

“significant decision” means a decision that results in the provision or denial of financial or lending services, housing, education enrollment or opportunities, employment or independent contracting opportunities or compensation, or healthcare services. For purposes of this definition: (a) “financial or lending services” means the extension of credit or a loan, transmitting or exchanging funds, the provision of deposit or checking accounts, check cashing, or installment payment plans; (b) “housing” means any building, structure, or portion thereof that is used or occupied as, or designed, arranged, or intended to be used or occupied as, a home, residence, or sleeping place by one or more consumers including for permanent or temporary occupancy. The use of ADMT that provides or denies housing to a consumer based solely on the availability or vacancy of the housing or the successful receipt of payment for housing from the consumer is not making a significant decision; (c) “education enrollment or opportunities” means: (i) admission or acceptance into academic or vocational programs; (ii) educational credentials (e.g., a degree, diploma, or certificate); and (iii) suspension and expulsion; (d) “employment or independent contracting opportunities or compensation” means: (i) hiring; (ii) allocation or assignment of work for employees; or salary, hourly or per- assignment compensation, incentive compensation such as a bonus, or another benefit (“allocation/assignment of work and compensation”); (iii) promotion; and (iv) demotion, suspension, and termination; (e) “healthcare services” means services related to the diagnosis, prevention, or treatment of human disease or impairment, or the assessment or care of an individual's health; and (f) significant decision does not include advertising to a consumer.

“targeted advertising” (referred to in some jurisdictions as “cross-context behavioral advertising”) means the targeting of advertising to a consumer based on data that is derived from the consumer’s behavior across distinctly branded platforms (e.g., websites, applications, and other venues) beyond the business or distinctly branded platform with which the consumer intentionally interacts. The definition of targeted advertising does not include advertising based on your activities within our Environment, nor does it include other advertising activities that are not deemed to be targeted advertising according to specific exclusions set forth in applicable law.

End of Privacy Policy